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September 12 2018 Board_Agenda_Packet
AMENDED AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 12, 2018 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 7:00 P.M. Regular Meeting Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments —Agenda Items that are not the subject of a Public Hearing Consent Agenda Attachment 1. Minutes------------------------------------------------------------------------------------ -------____ A Joint Work Session with School Board of August 6, 2018 Regular Meeting of August 8, 2018 Joint Work Session with Planning Commission of August 15, 2018 2. Committee Reports Finance Committee Public Safety Committee------------------------------------------------------------------------------ C Transportation Committee---------------------------------------------------------------------------- D 3. Resolution - Volunteer Fire & Rescue Departments' Eligibility for LODA Benefits --------- E 4. Resolution Honoring Serena "Renny" Manuel ------------------------------------------------------- F 5. Resolution to Remove Ramsuer Lane and Royston Court from the County ---------------- G Road Naming System MEETING AGENDA PAGE 2 Frederick County Board of Supervisors Wednesday, September 12, 2018 Consent Agenda - continued 6. Resolution Changing the Board of Building Appeals from Six to Five Members ----------- H 7. Resolution Declaring a Local Emergency in advance of Hurricane Florence. Board of Supervisors Comments County Officials 1. Committee Appointments----------------------------------------------------------------------------------- I a. Local Emeraency Planning Committee Requests Board nomination of Anthony Campbell of HP Hood LC b. Extension Leadership Council Red Bud District - Unexpired 4-year term ending 919119 c. Planning Commission Member -At -Large Unexpired 4-year term ending 11114121 d. Conservation Easement Authority 3-year term of Elaine Cain, Co. Representative, ends 8124118 (Eligible and willing to be reappointed) 3-year term of Charles Triplett, Planning Comm. Representative ends 8124118 (Eligible and willing to be reappointed) 3-year term of Robert Solenberger, Co. Representative ends 8124118 (Does not wish to be reappointed, application of Lowell Henderson is attached) e. Shenandoah Area Agency on Aging 4-year term of current representative ends 9130118 (Not eligible for reappointment) f. Northern Shenandoah Valley Rectional Commission 3-year term of Kris Tierney as Frederick County Representative ends 9130118 (Jay Tibbs is proposed for appointment) 3-year term of Eric Lawrence as Frederick County Representative ends 9130118 (Eligible for reappointment) 3-year term of Frederick County Alternate ends 9130/18 (New appointee needed) 2. Requests from the Commissioner of the Revenue for Refunds ------------------------------ J Acar Leasing LTD — $ 3,025.97 Toyota Lease Trust -- $ 4,087.41 3. Acceptance of Fire & Rescue Study conducted by Fitch and Associates MEETING AGENDA PAGE 3 Frederick County Board of Supervisors Wednesday, September 12, 2018 Committee Business Finance Committee (SeeTab_B for additional Information) () Items 5, 6, and 7 were approved under the Committee's consent agenda. The Public Works Director requests an FY19 General Fund supplemental approDriation in the amount of $538,090. This amount represents carry forwards of the following unspent FYI funds: a. $19,500 to rehab the old Clearbrook compactor to be used at a future site; b. $45,000 for site improvements at the Middletown Convenience site; c. $75,000 for anticipated increased collection costs of refuse and recycling; d. $385,342 for the completion of the Stephenson Convenience Center; e. $6,521 for spay/neuter shelter animals; and f. $6,727 for the Animal Shelter building addition design. These items have been approved by the Public Works Committee. The Committee recommends postponement of item C, and approval of the remaining requests. 2. The Public Works Director requests a public hearing for an FY19 Landfill Fund supplemental appropriation in the amount of $3,706,000. This item is the subject of a Public Hearing later on this meeting agenda. 3. The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of $5,000. This amount represents a Byrne/JAG grant that has been awarded for Narcan. No local funds are required. The Committee recommends approval. The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of $18,000. This amount represents a grant that has been awarded for crime prevention pamphlets and Police to Citizen software. The local match of $2,000 is being met with a current position's salary. The Committee recommends approval. 5. (') The Sheriff requests an FY19 General Fund supplemental ap2ropriation in the amount of 9 352,43, This amount represents auto insurance claims. No local funds required. Approved by Committee consent agenda. 6. () The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of $400. This amount represents DARE donations. No local funds required. Approved by Committee consent agenda. 7. ([) The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of $750. This amount represents a donation for a K9 vest. No local funds required. Approved by Committee consent agenda. 8. The Sheriff requests an FYI 9 General Fund supplemental appropriation „in the amount of $175,000. This amount represents maximum funds needed for a SWAT Truck Conversion vehicle. This request has been approved by the Public Safety Committee. Local funds are required. The Committee recommends approval 9. The Deputy County Administrator requests an FY19 General Fund supplemental appropriation in the amount of 31 044. This amount represents carry forwards of the following unspent FY18 funds: a. $13,780 for sealant replacement at the County Administration Building; b. $2,616 for carpet replacement in the health Department; and c. $14,648 for carpet replacement in the Treasurer's office. The Committee recommends approval of the entire request. 10. The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. The Committee recommends no changes to the charter. MEETING AGENDA PAGE 4 Frederick County Board of Supervisors Wednesday, September 12, 2018 Committee Business Finance Committee - continued 11. Information on School categorical funding is provided for discussion. The Committee recommends requiring the Schools to present the School Operating Fund budget by major classifications as listed in the Code of Virginia 22.1-115. Public Hearings (Non Planning Issues) 1. Proposed School Bond Financings by the Board of Supervisors of the County of Frederick, Virginia-------------------=----------------------------------------------- K Notice is Hereby Given that the Board of Supervisors (The 'Board') of the County of Frederick, Virginia (the "County") will Hold a Public Hearing in Accordance with Section 15.2-2606 of the Code Of Virginia of 1950, as Amended, on the Issuance of General Obligation School Bonds (the "Bonds") of the County in an Aggregate Principal Amount Not to Exceed $45,500,000 to Finance Certain Capital Projects for Public School Purposes, Consisting Primarily of the Construction and Equipping of the Replacement Robert E. Aylor Middle School. A Resolution Authorizing the Issuance of the Bonds will be Considered by the Board of Supervisors at its Meeting on Wednesday, September 12, 2018. All Interested Parties are invited to Attend and Present Oral or Written Comments. 2. Amendment to the 2018-2019 Fiscal Year Budget--------------------------------------------------------- L Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2018-2019 Budget to Reflect. Landfill Fund Sup lemental Apgropriation in the Amount of $3, 706, 000 for the Carry Forward of Unspent Funds for Generator Maintenance, Gas Treatment Skid Parts Replacement, a Trash Compactor, and a Leachate Collection Pond. 3. Proposed Amendments to the Frederick County Code, Chapter 48 Animals and Fowl, Article I Dog Licensing; Rabies Control, Section 48-18 License Taxes ------------ M The Proposed Amendments Would Allow for Lifetime Licensing of Dogs and would Permit Zero Cost Lifetime Licenses for Dogs Adopted from the Esther Boyd Animal Shelter. The Intent of the Proposed Ordinance Amendments Would Be to Reduce the Administrative Burden of the County's Current Dog Licensing System and Encourage Adoptions from the Shelter. 4. Proposed Amendments to the Frederick County Code, Chapter 48 Animals and Fowl, Article Il Noise, Section 48-23 Unreasonable Noise Unlawful, Section 48-24 Enforcement, and Section 48-25 Violations and Penalties; and Chapter 118 Noise, Section 118-1 Unreasonable Noise Unlawful, Section 118-2 Enforcement, Section 118-3 Violations and Penalties, and the Additions of Section 118-4 Specific Prohibitions and Section 118-5 Exceptions. ---------------------- N The Proposed Amendments Would Revise the Noise Ordinance to Adopt as the Standard for Prohibited Noise as `Plainly Audible" at Certain Points Beyond Its Source. Also, with Respect to Barking Dogs, the Proposed Revisions Further Require that Barking Occur at Least Once a Minute for Ten Consecutive Minutes in Order to be Prohibited. The Proposed Amendments do not Generally Deviate from the General Principles of the Current Ordinance and Keeps the General Noise Prohibition Limited to the RP, R4, R5 and MH Zoning Districts, with the Noise Prohibition being Applicable 9:00 P.M. to 6:00 A.M. The Proposed Amendments Also Expressly Provide that the Noise Prohibition Does Not Apply to a Bona Fide Agricultural Activity and Includes a Further List of other Activities that are not Subject to the Prohibition. MEETING AGENDA PAGE 5 Frederick County Board of Supervisors Wednesday, September 12, 2018 Public Hearings (Non Planning Issues) - continued 5. Proposed Amendments to the Frederick County Code, Chapter 52 Building Construction, Section 52-5 Issuance of Permits and Chapter 143 Stormwaterl Erosion and Sediment Control, Section 143-195 Issuance, Time Limit, Modification, Maintenance, Transfer and/or Termination of Frederick County Land -Disturbing Permit and VSMP Authority Permit.--------------------------------------------------------------- 0 The Proposed Amendments Would Require that any Delinquent Real Estate Taxes and Other Charges that Constitute a Lien on a Property, that are Owed to the Locality, be Paid before the Locality Accepts an Application for a Building Permit or Stormwater/Erosion and Sediment Control Permit for the Property. The Proposed Ordinance Amendments Would Apply to New Construction and Additions but Would not be Applicable to Emergency Work. 6. Proposed Amendments to the Frederick County Code, Chapter 155 Taxation, Article Vill Tax on Purchasers of Utility Service, Section 155-34 Tax Imposed -------- P This Proposed Amendment Would Correct a Typographical Error within Section 155-34 (A)(1)(a)(2)(c) which Provides the Formula by which the Tax on Electricity is Calculated when the Electricity is being Consumed by Multiple Dwellings or Units through a Master Meter. The Subsection, Currently, Erroneously Refers to Apartment Houses or Multiple -Family Dwellings Utilizing Gas Service, not Electric Service, Planning Commission Business Public Hearings 1. Rezoning #05-17 for O.N."Minerals (Chemstone) dlbla Carmeuse Lime & Stone- -------------- Q To Amend the Proffers for this Property, Rezoning 394.2 Acres from the EM (Extractive Manufacturing) District with Proffer to the EM (Extractive Manufacturing) District with Revised Proffers, The Properties are Situated Generally West of the Town of Middletown. Specifically, the Middle Marsh Property is Located East of Belle View Lane (Route 758), and West and Adjacent to Hites Road (Route 625) and is Further Traversed by Chapel Road (Route 627). The Northern Reserve is Bounded to the South by Cedar Creek and is West and Adjacent to Meadow Mills Road (Route 624). The Properties are Identified with Property Identification Numbers 83-A-109 and 90 A-23 in the Back Creek Magisterial District. 2. Rezoning #02-18 for St. Paul's on the Hill --------------------------------------------------- ------ R Submitted by Greenway Engineering, Inc., to Rezone 4.971+1- Acres from the RP (Residential Performance) District to the RP (Residential Performance) District with Proffers. The Property is Located at 1527 Senseny Road and is Identified by Property Identification Number 54-A-128 in the Red Bud Magisterial District. 3. CPPA #01-18 St. Paul's on the Hill— Land Use Designation Amendment Request ------------- S This is a Request to Change the Land Use Designation for One Parcel of Land that Totals 4.971 Acres. The Property is Identified by Property Identification Number 54-A-128 and is Located at 1527 Senseny Road in the Red Bud Magisterial District. The Property is Located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is Currently Designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for Institutional Land Use with Environmental Resources. The Applicant is Requesting to Change the Current Institutional Designation to Urban Center. MEETING AGENDA PAGE 6 Frederick County Board of Supervisors Wednesday, September 12, 2018 Public Hearings - continued 4. Conditional Use Permit #08-18 for Trailer Drop, LLC------------------------------------------------- T Submitted by GreyWolfe, Inc., for a Tractor Truck and Tractor Truck Trailer Parking Use as a Conditional Use in the MI (Light Industrial) District. The Property is in Stonewall Industrial Park at the End of McGhee Road (Route 861), Winchester, Virginia and is Identified with Property Identification Number 43-19-64 in the Stonewall Magisterial District. 5. Conditional Use Permit #13-96 (Hogue Creek Country Market) for Winchester 101 LLC ----- U This Conditional Use Permit is Proposed to be Revoked Due to Violations of Conditions 4 and 7 from Conditional Use Permit#13-96 which Pertains to Buffers, Lighting Pollution, Noise. Debris and Hours of Operation. The Property is Located at 4780 Northwestern Pike, Winchester, Virginia and is Identified with Property Identification Number 40-A-66D in the Gainesboro Magisterial District in the RA (Rural Areas) Zoning District. Other Planning Business 1. Discussion — 2018 Comprehensive Plan Amendments ---------------------------------------------- V a. CPPA #02-18 Carter Tract Proposal -Clearbrook (near Brucetown) b. CPPA #03-18 Waverly Farm (south of Hopewell Road and west of Interstate 81) 2. Pump and Haul —165 Caldwell Lane Board Liaison Reports Citizen Comments Board of Supervisors Comments Ad'iourn MINUTES Frederick County Board of Supervisors — Frederick County School Board Joint Meeting Monday, August 6, 2018 5:30 p.m. R. E. Aylor Middle School, 901 Aylor Road, Stephens City, VA ATTENDEES Board of Supervisors: Chairman Charles S. DeHaven, Jr., Vice Chairman Gary A. Lofton; Blaine P. Dunn; Judith McCann -Slaughter; J. Douglas McCarthy; and Robert W. Wells were present. Shannon G. Trout was absent. Staff present: Kris C. Tierney, County Administrator, Jay E. Tibbs, Deputy County Administrator, Rod Williams, County Attorney and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. School Board: Dr. John Lamanna, Michael Lake, Seth Thatcher; Jay Foreman; Frank Wright; and Shontya' Washington were present. Kali Klubertanz was absent. Staff present: Dr. David Sovine, Superintendent; Dr. Al Orndorff, Assistant Superintendent for Administration; Dr. James Angelo, Assistant Superintendent for Instruction; Steve Edwards, Coordinator of Policy and Communications; and Kevin Kenney, Clerk of the Works. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:34 p.m. APPROVAL OF AGENDA Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the agenda was approved. DISCUSSION Chair Lamanna summarized the process thus far and reviewed the questions posed by the Board of Supervisors at the previous joint meeting. Dr. Angelo made a presentation on the School Board's Systematic Approach to Decision Making explaining the process used in determining the district's request for a 160,000 square foot building to replace Aylor Middle School. He reviewed data sources and changes in instruction models requiring additional floor space, citing the particular need for collaborative learning spaces. He concluded saying that student learning levels cannot be separated from instructional models and instructional models cannot be separated from school design because the three things are interconnected. Dr. Omdorff reviewed square footage minimums and compared them to the desired space sizes needed as decided by the School Board and its Buildings and Grounds Committee in conjunction with the current instructional model. Mr. Kenney noted the Department of Education's minimum standards and said that when square footage is measured, there are areas that are not to be included such as closets and wall Minutes * Joint Meeting with Frederick County School Board FREDERICK COUNTY BOARD OF SUPERVISORS August 6, 2018 widths. He said just computing total square footage will not result in an accurate useable square footage figure for a given building. Dr. Lamanna said the School Board had heard this presentation before in regularly scheduled training sessions. He noted that the School staff members are experts who have a decision -making process and do not make whimsical decisions. He said the staff has concluded six construction projects during his tenure and are experts who know what they are doing. He asked the Board of Supervisors to trust the School Board to make the right construction decisions. Supervisor Lofton asked how the School Board will address the disparity between Frederick County Middle School and the Aylor replacement school regarding collaborative learning space affecting student performance. Dr. Lamanna noted that Frederick County Middle School has collaborative learning spaces. Dr. Angelo said that schools do the best they can in existing structures, and when renovation or replacements occur, they are updated to include the collaborative spaces. Dr. Sovine noted the difficulty of providing flexible learning space at James Wood Middle School with its traditional floor plan versus the newer Frederick County Middle School. Supervisor Lofton noted the minimum standard of 118,000 square feet for a middle school. He noted a 140,000 square foot building would be 20,000 square feet more and asked who decides what is optimum. Dr. Sovine said the decision is a function of the School Board in conjunction with staff. Supervisor Dunn said he is not challenging the integrity of the School Board when he is discussing the points about square footage needs. He said his concern is new debt for the County and asked if adjustments in new projects could be made to offset additional debt. He asked if some of the projects on the CIP can be delayed or whether a tax increase will be necessary. Dr. Lamanna said the mention of tax increases is sensationalism and the CIP is to be used for planning by the Board of Supervisors. He asked why logically the Board would approve a building that will not hold 900 students especially with the rate of residential growth in the area. He said the cost to address the building size will be greater later. Dr. Sovine noted that for the last two years, the Schools have been below the planned funding level. He added that the School Board plans to capture as many cost savings as possible when planning and building. Supervisor Dunn explained his thoughts, and Dr. Lamanna asked the Board to think about the growth in the area. Supervisor McCarthy asked whether the current Aylor building would be available for surplus. Mr. Wright and Dr. Sovine said that with the growth in the area, it may be that the current building would be needed to address crowding at Sherando High School if another high school is not built. Mr. Wright said he trusts the Board of Supervisors to do the right thing for the community. He said he wants the Board of Supervisors to trust the School Board to build the best school for the students of Frederick County with the funds provided. Minutes * Joint Meeting with Frederick County School Board FREDERICK COUNTY BOARD OF SUPERVISORS August 6, 2018 2 Supervisor Dunn referenced a request the previous year for a new high school. He noted there was a change in capacity numbers used by Dr. Orndorff. He asked Dr. Lamanna if it would be possible for an addition to made to an existing high school in lieu of building a fourth high school in exchange for a $52 million Aylor Middle School project. Dr. Sovine clarified that the capacity numbers were changed because the Buildings and Grounds Committee requested a review since the numbers had not been updated for a long period of time. Dr. Lamanna suggested that after the decision on the Aylor replacement appropriation, another joint meeting be held to review the roles and responsibilities of each board in an effort to encourage communication and teamwork among the boards. ADJOURN Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the meeting was adjourned at 7:35 p.m. Minutes * Joint Meeting with Frederick County School Board FREDERICK COUNTY BOARD OF SUPERVISORS August 6, 2018 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, AUGUST 8, 2018 6:00 AND 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; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Mike Ruddy, Director of Planning, John Bishop, Assistant Director of Planning — Transportation, Candice Perkins, Assistant Director of Planning-, 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 6:00 p.m. CLOSED SESSION Vice Chairman Lofton moved that the Board convene in closed session pursuant to Virginia Code § 2.2-3711(A)(3) for discussion of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Supervisor Dunn seconded the motion which carried unanimously on a voice vote. At 6:42 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Lofton, seconded by Supervisor McCarthy. Vice Chairman Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Wells seconded the motion which carried as follows on a roll call vote: 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 -Slaughter Aye At 6:44 p.m., Chairman DeHaven recessed the meeting until 7:00 p.m. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes *August 8, 2018 CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Supervisor Slaughter, seconded by Vice Chairman Lofton, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the consent agenda was adopted on a voice vote. -Minutes: Joint Meeting with the School Board of July 24, 2018-CONSENT AGENDA APPROVAL -Minutes: Regular Meeting of July 25, 2018-CONSENT AGENDA APPROVAL - Public Works Committee Report (Attachment 1) - CONSENT AGENDA APPROVAL - Transportation Committee Report (Attachment 2) - CONSENT AGENDA APPROVAL -Amendment of Rules and Procedures, Articles 4 and 7 - CONSENT AGENDA APPROVAL ARTICLE IV - CONDUCT OF BUSINESS Section 4-1. Order of Business [Amended 06/11/03]; [Amended 01/14/04]; [Amended 02/14/18]; [Amended 08/08/181 At meetings of the Board, the order of business should be as follows: Closed Session (When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Consent Agenda (Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Committee Business Public Hearings— Non Planning Issues (When Required) Planning Commission Business Public Hearings (When Required) Other Planning Commission/Department Business Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment ARTICLE VII— APPOINTMENTS Section 7-1. Appointments by the Chairman of the Board The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board's standing committees. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes * August 8, 2018 The following positions are appointed by the Chairman each January. STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN, Code and Ordinance Committee Finance Committee Human Resources Committee Public Safety Committee Public Works Committee Technology (IT) Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire do Rescue Association County Representatives to the Frederick County -Winchester Joint Finance Committee Section 7.2. C-- R Appointments by the Board of Supervisors [Amended 01/25/06]; [Amended 02/14/18] Each board member may nominate citizen members to be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a member's respective magisterial district or for the county at large. (Note: A current list of boards and committees is available on the County website, www.fcva.us.) A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a perspeetive prospective nominee, the following process shall be followed: 1. Applications are required for positions on bodies created by the Board of Supervisors. For non - Frederick County boards such as regional or community -based bodies, the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate. The application form, or Committee Appointments Informational Data Sheet. fer va- e*es a-'- -re is available on the County website, www.fcva.usor through the County Administrator's Office. A completed application (Informational Data Sheet) shall be required for all initial nominations; however, a completed application (Informational Data Sheet) for candidates being reappointed shall not be required. 2. Applications shall must be received in the County Administrators Office ap-te by 5:00 p.m. on the Thursday Wednesday preceding a Board meeting in order that they Fright to be included in the agenda for review by the members of the Board. 3. Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. + + + + + + + + + + + + CITIZEN COMMENTS Joy Kirk, Back Creek District, made an appeal to the Board's fiscal responsibility saying that it will be costlier if a smaller replacement Aylor Middle School is built and then added to later. She urged the Board to build the larger school as originally requested by the School Board. Katie Bochert, employee of Frederick County Public Schools, discussed growth as explained on the yesfrederick.com website. She encouraged the Board to consider its connections to the School Board and to work together with them for success. Eva Stein, Opequon District, said she is a third grade student and spoke in favor of a replacement Aylor School. Bryan Nuri, Opequon District, used the analogy of buying clothes larger than needed to allow for growth and advised building a larger Aylor replacement school. He said there is tremendous growth in the County and the building will be needed. He noted the size in square footage and student population of the Brambleton Middle School discussed in earlier meetings. Shawn Graber, Back Creek District, discussed the recent school budget amendments and the current County debt load. He suggested the School Board cut its budget in other places to compensate for the new debt for the Aylor building. He suggested that a request for additional funds be placed in the County real estate tax bills for the second half of the year so that the residents who have offered to have their taxes raised can voluntarily pay more. Amber Wallin, Opequon District, said she had spoken many times on the Aylor Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes *August 8, 2018 replacement issue. She said much information has been requested and supplied and noted the large amount of citizen support. She asked the Board to give the Aylor community what it has requested. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn clarified the size and number of students at Brambleton Middle School. COUNTY OFFICIALS: AMENDMENT to the 2019 FISCAL YEAR BUDGET - APPROVED Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2018-2019 Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $45, 500, 000 for the Acquisition of Land, Design and Construction of a Replacement Robert E. Aylor Middle School. Supervisor Trout stated she wants to disclose for the record, relative to this 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. Vice Chairman Lofton moved for approval of the Amendment to the FY 18-19 Budget for School Construction Fund Supplemental Appropriation in the Amount of $45,500,000 for the Acquisition of Land, Design and Construction of a Replacement Robert E. Aylor Middle School. Supervisor Trout seconded the motion. Supervisor McCarthy thanked the School Board and staff for their efforts in planning for the replacement Aylor school. He noted that both Boards are trying to do the best for the County's children. Supervisor Wells thanked all who participated in the discussion. He noted his construction background and said he knows that a bigger school is needed. Vice Chairman Lofton said he made the motion because the School Board has said they can build a 900-student capacity building for $45.5 million. Supervisor Trout said the County is continuing to grow and she hopes that the larger building can be built at this time. Supervisor Dunn discussed the County's debt, how it might be paid, and whether the School Board can find ways to cut costs or delay projects. Chairman DeHaven said it would be wrong to build a building with a capacity of less than 900 students. The motion approving the budget amendment 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 -Slaughter Aye Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes *August 8, 2018 COMMITTEE APPOINTMENTS STEVE CANTU APPOINTED AS A MEMBER AT -LARGE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon motion of Supervisor Dunn, seconded by Supervisor Slaughter, Steve Cantu was appointed to the Historic Resources Advisory Board for a four-year term ending August 8, 2022. The motion carried on a voice vote. HEATHER MCKAY AND BOB CLAYTOR REAPPOINTED TO THE ECONOMIC DEVELOPMENT AUTHORITY- APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, Heather McKay and Bob Claytor were each reappointed to the Economic Development Authority for a four-year term ending September 10, 2022. The motion carried on a voice vote. COMMITTEE BUSINESS - None PUBLIC HEARINGS (Non -Planning Items) - OUTDOOR FESTIVAL PERMIT REQUEST OF ROTARY CLUB OF WINCHESTER — 43RD ANNUAL SHENANDOAH VALLEY APPLE HARVEST FESTIVAL - APPROVED Pursuant to the Frederick County Code, Chapter 86, Festivals, Section 86-3, Permit Required; Application, Issuance or Denial; Fee, for an Outdoor Festival Permit. Festival to be Held on Saturday, September 15, 2018, from 10:00 A.M. to 5:00 P.M. and Sunday, September 16, 2018 from 10:00 A.M. to 5:00 P.M., on the Grounds of Frederick County Fairgrounds, 250 Fairground Road, Clearbrook, Virginia. Property Owned by Frederick County Fair. Mr. Tierney provided background information on the event. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the Outdoor Festival permit for the 43rd Annual Apple Harvest Festival was approved on a voice vote. PLANNING COMMISSION BUSINESS Public Hearings REZONING 001-18 FOR STONEWALL IV - Submitted by Walsh Colucci Lubeley & Walsh, to Rezone 88.91+/- Acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with Proffers. The Properties are Located at the Southern Terminus of Lenior Drive (Route F-732) and are Identified by Property Identification Numbers 43-A-21, 43-A-21B, 43-19-4 and 43-A-24. Assistant Planning Director Candice Perkins explained the application to rezone a total of 88.91+/- acres of land to the MI (Light Industrial) District with proffers. She said the site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan and the proposed MI Zoning is generally consistent with the Northeast Land Use Plan as it relates to the area. She added that the properties are located within the limits of the Sewer and Water Service Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes *August 8, 2018 Area (SWSA) and she highlighted the proffers. She said the Planning Commission recommended approval of this rezoning at their July 19, 2018 meeting. John Foote of Walsh Colucci Lubeley & Walsh described the rezoning request including the proffers. He noted the applicant has brought revenue to the County. Chairman DeHaven opened the public hearing. Jack Drumheller, Stonewall District, said there has been tremendous change in traffic in the County in the last 30 years resulting in many challenges. He said he is not opposed to the rezoning but asked if it should happen before the new ramp is built which will allow a second access to Stonewall Industrial Park. Chairman DeHaven closed the public hearing. Supervisor Slaughter noted her concern about transportation challenges. She moved for approval of Rezoning 401-18 for Stonewall IV. Supervisor McCarthy seconded the motion. He noted his concern about agricultural land being rezoned for industrial use but added that this parcel is in the appropriate place for such growth. The motion for approval of the rezoning carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Other Planning Items Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye ORDINANCE AMENDMENT — SHIPPING CONTAINERS — REFERRED BACK TO PLANNING COMMISSION AND STAFF 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 known as intermodal containers, cargo containers, freight containers, or ISO containers) as accessory storage in certain zoning 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. Planner Tyler Klein provided background on the proposed amendment. The Board and staff discussed the merits of the amendment and how it related to the various zoning designations including residential, and also discussed its application in residential subdivisions. By consensus, the item was sent back to the Planning Commission and staff for revision and review. ORDINANCE AMENDMENT — STORAGE FACILITIES. SELF SERVICE. IN RA DISTRICT — NO ACTION This is a proposed amendment to Chapter 165 — Zoning Ordinance to allow storage facilities, self-service, in the RA (Rural Areas) Zoning District as a conditional use (requiring an approved Conditional Use Permit — CUP). Currently, storage facilities, self-service, are only allowed in the B2 (General Business), B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts. Planner Tyler Klein provided background on the proposed amendment. The Board and staff discussed the merits of the amendment and whether the Conditional Use permit is a better mechanism than a rezoning for storage facilities. The Board considered holding a public hearing and then by consensus chose not to act on the matter. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes *August 8, 2018 BOARD LIAISON REPORTS Supervisor Wells thanked all who participated in the recent Frederick County Fair adding that it was a great success despite all the rain. Supervisor Wells said he received two emails complimenting the Sheriff's Department for checking the homes of vacationing residents. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn referenced the vote at the previous meeting on July 25, 2018, denying the request for Rezoning 405-17 for O-N Minerals dba Carmeuse. He said he had misheard the applicant's clarification about work hours. He said he had contacted the 19 residents directly affected and 16 of those would prefer the new proffers, and he now wishes to change his vote. Supervisor Dunn moved to rescind the vote taken on July 25 denying Rezoning 405-17. Vice Chairman Lofton seconded the motion. Mr. Tierney noted that County Attorney Williams has stated the need for a public hearing on the matter before the Board takes action on the matter. Supervisor McCarthy moved to amend the motion to rescind and set a public hearing for the soonest possible meeting date should the applicant wish it to be reconsidered. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton No J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. No The amended motion rescinding the vote and setting a public hearing at the soonest possible meeting date, should the applicant wish it to be reconsidered, carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye CITIZEN COMMENTS Shannon G. Trout Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Alan Morrison, Gainesboro District, said the last two meetings have worried him. He said the County continues to build houses without regard to infrastructure including schools, roads, and fire and rescue. He said the County needs to slow down and get ahead of the growth. He said the citizens have to use resources efficiently but he does not see the County government doing that. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the meeting was adjourned at 8:23 p.m. Frederick County Board of Supervisors Closed Session & Regular Meeting Minutes *August 8, 2018 MINUTES Frederick County Board of Supervisors — Planning Commission Joint Meeting Wednesday, August 15, 2018 6:00 p.m. 107 North Kent Street, Winchester, VA ATTENDEES Board of Supervisors: Chairman Charles S. DeHaven, Jr., Vice Chairman Gary A. Lofton; Shannon G. Trout; Judith McCann -Slaughter, J. Douglas McCarthy; and Robert W. Wells were present. Blaine P. Dunn was absent. Planning Commission: Chairman Kevin W. Kenney; Gregory L. Unger; H. Paige Manuel, William H. Cline; Charles E. Triplett; Lawrence R. Ambrogi; J. Rhodes Marston, Gary R. Oates, Christopher M. Mohn; Kathleen "Kay" Dawson; and June M. Wilmot were present. Robert S. Molden and Roger L. Thomas were absent. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Rod Williams, County Attorney; Michael T. Ruddy, Director of Planning and Development, Candice Perkins, Assistant Director of Planning and Development; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven and Chairman Kenney called the joint meeting to order at 6:00 p.m. APPROVAL OF AGENDA Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the agenda was approved. DISCUSSION — Comprehensive Plan Amendment Requests for 2018 A. CPPA 402-18 — Carter Tract Proposal — Clearbrook (Near Brucetown Road) Planning Commission member Gary Oates said he would abstain from discussion on the proposal as he had provided services on the proposal for the applicant. Assistant Planning Director Candice Perkins provided background information on the request. She said the request was for inclusion in the Sewer and Water Service Area (SWSA) and Industrial Land Use Designation of 213.8 acres of land - Parcels 45-A-2, 45-A-7, 33-A-144 and 33-A-89. She noted the properties are located north of the CSX Railroad, south of Brucetown Road, and east/adjacent to the Clearbrook quarry in the Stonewall Magisterial District. She added the properties are currently zoned RA (Rural Areas) District, and the Northeast Frederick Land Use Plan shows the properties as remaining rural. Ms. Perkins provided a summary of the comments received from Frederick Water: • Frederick Water does not presently have water and sewer facilities in the vicinity of the Carter Tract. Minutes * Joint Meeting with Frederick County Planning Commission FREDERICK COUNTY BOARD OF SUPERVISORS August 15, 2018 • There is currently limited sewer conveyance capacity available in the vicinity of the subject parcels. • The existing Route 11 North sewer system has available capacities reserved by property owners who funded the sewer infrastructure extension to Rest Church Road area over a decade ago, but the system does not currently have excess capacity available for additional land areas such as the subject properties. • Sewer conveyance and treatment capacities are currently limited and warrant upgrades to meet long term planned development that is reflected in the SWSA. • Expansion of the SWSA will introduce additional demands for service, and additional conveyance and treatment capacities, essentially adding additional land area to further share the limited existing conveyance and treatment capacities. • Frederick Water does not support further study of the application without consideration of a much larger study area that could collectively contribute to infrastructure improvements to convey the study area sewage directly to the OWRF or to a new WWTP. A study of opportunities for expansion of wastewater treatment facilities would also be important. Ms. Perkins said the CPPC discussed the proposal and the concerns of Frederick Water at their July Meeting and recommended further study of a broader area for parcels contiguous to the existing SWSA adjacent to the subject property. She noted the proposal is scheduled for discussion at the September 12th Board of Supervisors meeting. She added that the owner of a property adjacent to the Carter Tract has expressed interest in also coming into the SWSA, but this property did not submit a formal CPPA request by the June 1 st deadline. Ms. Perkins noted there is a gap between the subject property and the existing SWSA. Supervisor Slaughter said she hoped there would be more definite information about the user and the actual water use needed. She added that there are other environmental concerns as well. Mr. Tierney noted that the proposal is a comprehensive plan amendment rather than a rezoning and therefore there is no certainty of an end user. Mr. Ruddy added that further details would be worked out during the rezoning process that would follow the plan amendment. Vice Chairman Lofton and Ms. Perkins discussed the process and the timeline of the proposed study concluding that the study may require three to six months. Vice Chairman Lofton said in coordination with Frederick Water a larger study area may be found desirable. Mr. Ruddy noted that coordination with VDOT would also be required. Mr. Tierney said that the Board's concerns could be stated as guidelines in the text of the plan amendment to guide future rezoning. The Board and staff discussed the possibility of adjusting parcels in the SWSA boundary to reduce the area in some places offset by increases in another. Chairman DeHaven said he is not interested in seeing the line move, and that location in the SWSA indicates the County is intending to serve the areas with water and sewer access. He said he is agreeable to performing the study but there should be no expectation of success in including the property in the SWSA. Supervisor McCarthy said he is in favor of the study to gain information. Supervisor Slaughter said that inclusion of properties in the SWSA is required for rezoning. Minutes * Joint Meeting with Frederick County Planning Commission FREDERICK COUNTY BOARD OF SUPERVISORS August 15, 2018 Ms. Perkins said the current request is the step required before an applicant can apply for rezoning. Chairman Kenney said he agrees with performing the study, but that the County is not ready to serve the area with water and sewer and should make no commitment to add the area to the SWSA. Vice Chairman Lofton said the comprehensive plan is a look forward and moving some land to industrial use will help the tax base. He said concerns about capacity should not hold the County back when planning for the use of the properties in the future. B. CPPA 403-18 — Waverly Farm- (South of Hopewell Road and west of Interstate 81) Assistant Planning Director Candice Perkins provided background information on the request. She said the request was for Sewer and Water Service Area (SWSA) Inclusion of 145.5 acres (Parcels 33-A-69, 33-A-70, 44-A-80 and 44-A-80A) located south of Hopewell Road and west of Interstate 81, in the Stonewall Magisterial District. She said the properties are currently zoned RA (Rural Areas) District and the Northeast Frederick Land Use Plan designates these parcels for mixed use industrial/office and industrial uses. Ms. Perkins provided a summary of the comments received from Frederick Water: • Frederick Water does presently provide water and sewer services to the VDOT Rest Area, located immediately south of the applicant's land areas, and the only service lines we have in the vicinity of the western side of I-81. • The service to the VDOT Rest Area has limited capacities available for use by other users. • There is currently limited sewer conveyance capacity available in the vicinity of the subject parcels. • The existing Route 11 North sewer system has available capacities reserved by property owners who funded the sewer infrastructure extension to Rest Church Road area over a decade ago, but the system does not currently have excess capacity available for additional land areas such as the subject properties capacities available for use by other users. • Sewer conveyance and treatment capacities are currently limited and warrant upgrades to meet long term planned development that is already captured in the current Sewer and Water Service Area (SWSA) boundary. • Expansion of the SWSA will introduce additional demands for service and additional conveyance and treatment volumes, simply adding additional land area that will further share the limited existing conveyance and treatment capacities. • Frederick Water does not support further study of the application without consideration of a much larger study area that could collectively contribute to infrastructure improvements that convey the study area sewage directly to the OWRF or to a new WWTP. A study of opportunities, and implementation of results, for expansion of wastewater treatment facilities would also be necessary. Ms. Perkins said the CPPC discussed the proposal at their July Meeting and recommended further study but had concerns about water, sewer and transportation. She noted the proposal is scheduled for discussion at the September 12th Board of Supervisors meeting. Supervisor Slaughter said the engineering study shows a gallons per day use that is excessive, and said she is not comfortable with the proposal. She noted her discussion with Eric Minutes * Joint Meeting with Frederick County Planning Commission FREDERICK COUNTY BOARD OF SUPERVISORS August 15, 2018 Lawrence of Frederick Water regarding the November 2019 deadline and the possibility of future changes in capacity. Mr. Ruddy noted that Frederick Water has used current land use designations and the current SWSA for short term planning and uses that information plus areas outside the SWSA for planning that is more long range. Mr. Oates said that Frederick Water has used the master plan to match the SWSA to the uses already designated and that if new area is added, other area would need to be removed from the SWSA. There was discussion of the properties adjoining the parcels proposed for SWSA inclusion and how the properties in the vicinity of I-81 were designated for various land uses. Mr. Tierney noted that decisions regarding the comprehensive plan were made years ago that affected where the SWSA is located. He said land use and purchase decisions have been made over many years because of those decisions and urged caution regarding adjusting the SWSA boundaries because of the appearance of creating winners and losers among property owners. Supervisor Wells said while he would like to see industrial use land in the SWSA, the County needs to be careful because additional water and sewer capacity may not be available even if the study is conducted. Supervisor Slaughter said her question about adjusting the boundary of the SWSA was in reference only to a property owner swapping parcels within his ownership. Supervisor Trout inquired whether further study should be started now in the eventuality that additional capacity can be developed in the future. Mr. Oates noted that sewer capacity is capped by the state at the current time. Chairman DeHaven said he is not opposed to the study but is not in favor of moving the SWSA line until the County knows how additional areas will be served. Mr. Tierney said that the language in the comprehensive plan can include caveats that identify obstacles that have to be overcome to accomplish rezoning. Vice Chairman Lofton said the comprehensive plan is a tool and including caveats acknowledging the existing obstacles shows the County is looking forward to opportunities for growth. Supervisor McCarthy said he is concerned that governments have short memories, and if the study is done now, a future Board should have to go through the study process again before making a decision. Chairman DeHaven said historically the SWSA line means the County is ready to serve water and sewer access. Supervisor Slaughter noted the November 2019 deadline, and inquired whether the Board should be taking care of those already rezoned before adding users to the SWSA. SWSA. Vice Chairman Lofton asked what would help Frederick Water in regard to increasing the Mr. Oates said the focus for the next ten years at Frederick Water is serving the SWSA. Minutes * Joint Meeting with Frederick County Planning Commission FREDERICK COUNTY BOARD OF SUPERVISORS August 15, 2018 Mr. Tierney said the decision is ultimately a philosophical one about whether the area should be developed. He noted that after being included in the SW SA, a property owner still needs to seek rezoning which is where more detail is worked out. The Board and Commission members discussed creating an opportunity and moving the SWSA boundary. Chairman DeHaven said determining land uses on the proposed parcels is a good idea and he thinks it is Frederick Water's exercise to determine capacity. Chairman Kenney said there was a mixed consensus regarding conducting further study. Chairman DeHaven said the Board should consider the issue in advance of the Board of Supervisors meeting on September 12, 2018. He thanked the Planning Commission for their work on the matter. Mr. Oates noted that past Boards had found it helpful to spend time staying in contact with the Planning Commission and encouraged the current Board to do likewise. ADJOURN Upon motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was adjourned at 6:50 p.m. Minutes * Joint Meeting with Frederick County Planning Commission FREDERICK COUNTY BOARD OF SUPERVISORS August 15, 2018 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, August 15, 2018 8:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, August 15, 2018 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann -Slaughter, Chairman; Charles DeHaven; Gary Lofton; Jeffrey Boppe; and Angela Rudolph. Non -voting liaisons: William Orndoff, Treasurer; and Ellen Murphy, Commissioner ofthe Revenue. Committee Members Absent: none Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Kris Tierney, County Administrator; Jay Tibbs, Assistant County Administrator; Rod Williams, County Attorney; Dennis Linaburg, Fire Chief, Keith Jenkins, Deputy Fire Chief, Lenny Millholland, Sheriff, Barry Kittoe, Sheriff 1' Lieutenant; Joe Wilder, Public Works Director; and Gloria Puffinburger, Solid Waste Manager. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (.) Items 5, 6, and 7 were approved under consent agenda. 1. The Public Works Director requests an FY19 General Fund supplemental appropriation in the amount of $538,090. This amount represents carry forwards of the following unspent FY18 funds: a. $19,500 to rehab the old Clearbrook compactor to be used at a future site; b. $45,000 for site improvements at the Middletown Convenience site; c. $75,000 for anticipated increased collection costs of refuse and recycling; d. $385,342 for the completion ofthe Stephenson Convenience Center; e. $6,521 for spay/neuter shelter animals; and f. $6,727 for the Animal Shelter building addition design. These items have been approved by the Public Works Committee. See the attached memo, p. 4— 5. The committee recommends postponement of item C, and approval ofthe remaining requests. 2. The Public Works Director requests a public hearing for an FY19 Landfill Fund supplemental appropriation in the amount of $3,706,000. This amount represents carry forwards of the following unspent FY18 funds: a. $80,000 for generator maintenance; b. $90,000 for chiller/blower replacements on the gas treatment skid; c. $206,000 for a backup trash compactor; and d. $3,330,000 for an additional leachate collection pond and blasting of MSW Cell 3A. These items have been approved by the Public Works Committee. See the attached memo, p. 4 — 5. The committee recommends forwarding the entire request to public hearing as a whole. 3. The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of $5,000. This amount represents a Byrne/JAG grant that has been awarded for Narcan. No local funds are required. See attached memo, p. 6 — 7. The committee recommends approval. 1 4. The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 18 000. This amount represents a grant that has been awarded for crime prevention pamphlets and Police to Citizen software. The local match of $2,000 is being met with a current position's salary. See attached memo, p. 8 —9. The committee recommends approval. 5. (.) The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 9 352.43. This amount represents auto insurance claims. No local funds required. See attached memo, p. 10— 12. 6. (.) The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 400. This amount represents DARE donations. No local funds required. See attached memo, p. 13 — 14. 7. (.) The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 750. This amount represents a donation for a K9 vest. No local funds required. See attached memo, p. 15 — 16. 8. The Sheriff requests an FY19 General Fund supplemental appropriation in the amount of 175 000. This amount represents maximum funds needed for a SWAT Truck Conversion vehicle. This request has been approved by the Public Safety Committee. Local funds are required. See attached information, p. 17 — 29. The committee recommends approval. 9. The Deputy County Administrator requests an FY19 General Fund supplemental appropriation in the amount of $31,044. This amount represents carry forwards of the following unspent FY18 funds: a. $13,780 for sealant replacement at the County Administration Building; b. $2,616 for carpet replacement in the Health Department; and c. $14,648 for carpet replacement in the Treasurer's office. See attached memo, p. 30. The committee recommends approval of the entire request. 10. The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p. 31— 33. The committee recommends no changes to the charter. 11. Information on School categorical funding is provided for discussion. See attached information, p. 34 — 35. The committee recommends requiring the Schools to present the School Operating Fund budget by major classifications as listed in the Code of Virginia 22.1-115. NO ACTION REQUIRED 1. Information on EMS training from outside sources was provided for discussion. See attached memo, p. 36 — 37. ITEMS FOR INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for July 2018. See attached, p. 38. 2. Fund balance information will be provided after the County closes FY18. 2 3. The FY18 year-end open purchase orders have been provided by the County and the Schools. See attachments, p. 39 —42. Respectfully submitted, y1►1_U[y��I�llllllll�l�� Judith McCann -Slaughter, Chairman Charles DeHaven Gary Lofton Jeffrey Boppe Angela Rudolph By e+r-'1' Cheryl B. Shiffler, Finance Director TO: FROM: SUBJECT: DATE: MEMORANDUM Cheryl Shif ler, Director of Finance Joe C. Wilder, Director of Public Works Carry Forward Requests August 8, 2018 COUNTY of FREDERICK Department of Public Worms 540/665-5643 FAX: 540/678-0682 In a regularly scheduled meeting held on July 31, 2018, the Public Works Committee sisiis (FYls) unanimously endorsed the following carry forward requests: G/L balances: a. Solid Waste Budget 10-4203-000 $19,754 Line item 10-4203-3004-01 Repair and Maintenance/Equipment. Request to carry forward $19,500.00 for rehabilitation of the old compactor unit being removed from the Clearbrook Convenience Center which will be used at a future site. $47,981 Line item 10-4203-3004-03 Repair and Maintenance/Building. Request to carry forward $45,000.00 for site improvements at the Middletown Convenience Site. Work was planned for FY 17/18 but was not completed. Line item 10-4203-3010-00 Contractual Services. Request to carry forward $75,000.00 for $131,520 anticipated increased collection costs of the refuse collection and recycling program. $20 Line item 10-4203-9003-00���d`F� $6,000.00 for payment of the Greenwood Conveni o 1 1 . b. Solid Waste Budget 10-4203-8900-00 We requested that all unspent funds left over from this line item be carried forward for the $385,342 completion of the Stephenson Convenience Center. Since we are at year end, we cannot determine an exact amount. c. Animal Shelter Budget 10-4305-000 $7,980 Line item 10-4305-3001-00 Professional Health Services. Request to carry forward $6,521.00 which is the unused portion of the spay/neuter funding. The funds were appropriated from the Fleming donation for spaying and neutering shelter pets. 107 North Kent Street, Second Floor, Suet 200 9 Winchester, Virginia 22601-5000 Carry Forward Requests Page 2 s/s/is (FYls) June 7, 2016 G/L balances: $6 727 Line item 10-4305-3002-02 Professional Services Engineering and Design. Request to carry forward $6,727.00 which is the unused portion of the new building design fund. The funds were appropriated from the Loy donation for the design of the new shelter building. d. Landfill Budget 12-4204-000 $83,994 Line item 12-4204-3004-04 Repair and Maintenance -Generators. Request to carry forward $80,000.00 to cover the remaining funds needed for maintenance of the 60,000-hour genset generator. This maintenance includes replacing the engines and upgrading the control systems. Line item 12-4204-5408-03 Generator Spare Parts -Gas to Energy. Request to carry forward $92,935 $90,000.00 for chiller or blower replacements as needed. The gas treatment skid has accumulated over 60,000 hours of operation and has begun to experience increased breakdowns of blowers and gas chilling equipment. $206,189 Line item 12-4204-8006-00 Construction Vehicles and Equipment. Request to carry forward $206,000.00 for a back-up trash compactor. Currently, the Landfill owns two Caterpillar 826k compactors. During times when either of those compactors are down the current practice is to maintain a compactor at the MSW Landfill and either close down the CDD Landfill or use a loader to pile the CDD waste up until both compactors are back in service. Current trends of increased downtime due to electrical and electronics on the equipment along with continued uptake in waste flow make it difficult to continue the current practice and maintain adequate compaction of all waste. $3,330,000 Line item 12-4204-8900-00 Improvements other Than. Request to carry forward $3,330,000 for an additional leachate collection pond and blasting of MSW Cell 3A. These projects are currently moving forward but contracts for the work were not issued before the end of FY 17/18. Please include the above carry forward requests on the next Finance Committee agenda. JCW/kco cc: file 107 North Kent Street, Second Floor, SuA 200 9 Winchester, Virginia 22601-5000 �as�Ck F� Sheriff Lenny Millholland County Sheriffs 1080 Coverstone Drive Winchester, Virginia 22602 Office (540) 662-6168 Fax (540) 504-6400 TO Cheryl Shiffler FROM . Sheriff Millholland SUBJECT Funds Appropriation DATE . August 8, 2018 Major Steve A. Hawkins The Frederick County Sheriffs Office has been awarded a Byrne/Justice Assistance Grant (JAG) in the amount of $5000.00 We are requesting the funds be appropriated as follows: $5000.00 to 3102-5409-000-000 — Police Supplies Thank you, LWM/bj s 0 Department of Criminal Justice Services 1100 Bank Street, 12th Floor, Richmond, VA 23219 Statement of Grant Award/Acceptance Subgrantee:.Frederick County Date: October 06, 2017 Grant Period: Grant Number: From: 10/01/2017 Through: 09/30/2018 18-B403 8AD 11 Project Director Project Administrator Finance Officer The Hon. L. W. "Lenny" Millholland Mr.-j- s kris C. ernes Ms. Cheryl B. Shiftler Sheriff Deputy County Administrator Finance Director Frederick County Frederick County Frederick County 1080 Coverstone Drive 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 Winchester, VA 22601-5039 Phone: (540) 662-6168 Phone: (540) 665-6382 Phone: (540) 665-5610 Email: Imillholland@fcva.us Email: j0bb&@&v4.us ,{Zck vS Email: cshifiler@fcva.us Grant Award Budget Budget Categories DCJS Funds Federal General Special Local TOTALS Travel $0 $0 $0 $0 $0 Supplies/Other $5,000 $0 $0 $0 $5,000 , Personnel $0 $0 $0 $0 $0 Indirect Cost $0 $0 $0 $0 $0' Equipment $0 $0 $0 $0 $0 Consultant $0 $0 $0 $0 $0 Totals $5,000 $0 $0 $0 $5,000 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special conditions attached thereto. Francine C. Ecker, Director The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day of , 20 Signature: � 1 Title: I �? 7 .te6e60k County Sheriffs Sheriff Lenny Millholland TO FROM SUBJECT DATE 1080 Coverstone Drive Winchester, Virginia 22602 Office (540) 662-6168 Fax (540) 504-6400 : Cheryl Shiffler Sheriff Millholland : Funds Appropriation : August 8, 2018 Major Steve A. Hawkins The Frederick County Sheriff s Office has been awarded a Byrne/Justice Assistance Grant (JAG) in the amount of $18,000.00 with a matching local fund of $2,000.00 for a total of $20,000. We are requesting the funds be appropriated as follows: $17,000 to 3102-5401-000-000 for the purchase of RUOK and Police to Citizen software $1000 to 3102-5413-000-004 for the purchase of crime prevention pamphlets $2000 to 3102-1002-000-022 for Patti Williams salary Thank you, LWM/bj s Department of Criminal Justice Services 1100 Bank Street, 12th Floor, Richmond, VA 23219 Statement of Grant Award/Acceptance Subgrantee: Frederick County Date: December 13, 2017 Grant Period: Grant Number: From: 01/01/2018 Through: 12/31/2018 18-B6069AD 15 Project Director Project Administrator Finance Officer Capt. Aleck Beeman Mi. Kris Tierney Ms. Cheryl B. Shiffler Project Director County Administrator Finance Director Frederick Co. Sheriffs Office Frederick County Frederick County 1080 Coverstone Drive 107 North Kent Street, 3rd Floor 107 North Kent Street Winchester, VA 22602-4369 Winchester, VA 22601-5039 Winchester, VA 22601-5039 Phone: (540) 662-6168 Phone: (540) 722-8278 Phone: (540) 665-5610 Email: abeeman®fcva us Email: ktiemey@fcva us Email: cshiffle@feva.us Grant Award Budget Budget Categories DCJS Funds Federal General Special Local TOTALS Travel $0 $0 $0 $0 $0 Supplies/Other $1,000 $0 $0 $0 $1,000 Personnel $0 $0 $0 $2,000 $2,000 Indirect Cost $0 $0 $0 $0 $0 Equipment $17,000 $0 $0 $0 $17,600 Consultant $0 $0 $0 $0 $0 Totals $18,000 $0 $0 $2,000 $20,000 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special conditions attached thereto. Francine C. Ecker, Director The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this U day of TP-Q4 , be-, 26 17 . Signature: Title: [I� ) 1 c 9 A)V�RIcK Sheriff Lenny Millholland coUNTY SHERIFFS ��cK co 4 ' w y� �.'aSFi(rL �fRG[tdiP 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO : Cheryl Shiffler Director of Finance FROM : Sheriff Lenny Millholland DATE : July 23, 2018 SUBJECT : Insurance Reimbursement 4T� FREDERICK CQONTY 1 Opp, JUL 24 2018 CE CEPt�,!=;TIRENT Major Steve A. Hawkins We are requesting the insurance checks received for the auto claims dated June 5, 2018 involving Deputy Roy and June 15, 2018 involving Deputy Kniceley be appropriated into our budget line of 3102-3004-000-002. June 5 - $5,592.58 June 15 - $3,759.85 Total - $9,352.43 Thank you LWM/adl t,'S. ,12,0IV 3 Otc)-ri ViAtto-o"oI 10 ... .e, +YnV.1w: 1•'�4.YiYL'4�:�T'a'� aK�.! 3 2018 it 1 , July 11, 2018 Frederick County Attn: Jennifer Place 107 North Kent Street Winchester, VA 22601 VA Association of Counties Group Self -Insurance Risk Pool Participant: Frederick County Claim Number 0342018211965 Date of Loss: 6/5/2018 Dear Jennifer Place, Enclosed please find a VACORP property damage check in the amount of $5592.58. This check is for cost related to the repair on the 2014 Ford Police Interceptor Vin # 4863. This amount was determined by the repair cost $6,092,58- $500.00 (deductible) _ $5,592.58 If you should have any questions regarding this payment, please do not hesitate to contact our office. Sincerely, &CW Jennifer Williams Claims Associate Enclosed: check 1315 Franklin Ind,, SW I Roanoke, VA 24016 j 88812f-6772 I Fax 877-212.8599 1 www.vacorp.org T July 12, 2018 Frederick County Attn: Jennifer Place 107 North Kent Street Winchester, VA 22601 VA Association of Counties Group Self -Insurance Risk Pool Participant: Frederick County Claim Number 0342018211318 Date of Loss: 06/15/2018 Dear Jennifer Place, Enclosed please find a VACORP property damage check in the amount of $3759.85. This check is for cost related to the repair on the 2017 Ford Taurus Vin # 0156. This amount was determined by the repair cost $4259.85 - $500.00 (deductible) = $3759.85 If you should have any questions regarding this payment, please do not hesitate to contact our office. Sincerely, &C-W Jennifer Williams Claims Associate Enclosed: check 1315 Franklin Rd., SW j Roanoke, VA 24016 j 888frMj Fax 877-212.8599 1 www.vacorp.org �CK F COUNTY SHERIFS g�P�R OFFI C s� Sheriff Lenny MillhollandMajor Steve A. Hawkins ►i�s;iSti�N' 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO : Angela Whitacre, — Treasurer's Office FROM : Sheriff Lenny Millholland SUBJECT : Donation to DARE DATE : July 12, 2018 Attached please find a 2 checks that were received on July 11, 2018 in the amount of $100.00 from Evendale Elementary School and $300.00 from Winchester -Shawnee Lions Club. This check represents a donation to our DARE program. This amount can be posted to: 3-010-018990-0015 (100J). A copy of the memo will be sent to Finance for appropriation in our operating budget line of 3102-5413-000-001. Thank you. LWM/adl Cc: Finance Department 0�5, -71fuliq 13 EVENDALE ELEMENTARY SCHOOL 220 ROSA LANE iu Co WINCHESTER, VA 22602 DATE 5/29/2018 Exactly One Hundred Dollars and Zero Cents PAY Frederick County Sheriffs Off, TO THE ORDER DARE OF 5 North Kent Street Winchester, VA 22601 _ _ .... . - - H LJ J ■ 1 {..J J J L l -. 4 68-5321514 CHECK NO. 1067 AMOUNT $100.00 VOID AFTER 180 DAYS WINCHESTER-SHAWNIEE LIONS CLUB os-w 1046 PO 60X 108 WtNCHESTER, VA 22604 66-256/614 ✓��1� 12 '` DATE a �yi+ECK.;un� PAY TO THE �.. L $ J ® Q . Ci C) ORDER OF A^te OLLARS mr ww mvirpnimoom FOR 4& sl-.v VC) el tip 14 Sheriff Lenny Millholland OP RICK COUNTY SHERIFFSFr�F��r-��„A � URIFP 41�7 2018 �p.tx cv ,-INPINCE- DEPARTMENT 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO : Angela Whitacre, - Treasurer's Office FROM : Sheriff Lenny Millholland SUBJECT : Donation for K9 Vest DATE August 7, 2018 Major Steve A. Hawkins Attached please find an endorsed check in the amount of $750.00 from Susan Nicholson. This amount represents a onetime donation to be used for a K9 vest. We are requesting this amount be posted to IOCR-3-010-018990-0006. A copy of this memo will be forwarded to Finance requesting appropriation. Thank you LWM/adl Cc: Finance - please appropriate to 3102-5402-000-001 8/10/18 15 SUSAN L NICHOLSON os-o7 1769 317 SUMMIT AVE 66-251j514 WINCHESTER, VA 22601 �"� 03 "r Date ECK!or Order I<Gk (r� ' SI IE/ �r�' 4 �a DO 1�54-I bcoldfid I 1 Dollars ph*"-) phf. L Fb1--;IIMI&W Ofye5i ;n 1NM4P�( +, 16 August 9, 2018 TO: Mr. Kris Tierney FROM: Sheriff Lenny Millholland REF: Request for supplemental appropriation I went to the Public Safety Committee and expressed the reasoning and need for a complete SWAT Truck Conversion vehicle that is less intimidating and more useful for the safety of our tactical team and or the persons we are responding to rescue, arrest etc. The PSC agreed on $175,000.00 max. We have put this request on EVA for quotes and currently have at least one quote for $172,800 from a company in Fairfax, VA. The price includes the vehicle itself, custom armoring conversion and all the added accessories in our quote. I am requesting a supplemental appropriation, so we can start the process in ordering this unit. I would appreciate your support and approving this request to move on to the Finance Committee for approval. Sincerely, Sheriff Lenny Millholland 17 As requested, below please find Alpine's special government quoted price for this high level new SWAT design armored Ford Transit 350HD Extended Van, or a 2018 Mercedes Benz Sprinter, based on Alpine's Pointer' Design. We would like to stress the fact that Alpine Armoring Inc., headquartered in Chantilly, Virginia, has the exclusive and state of the art design for these armored SWAT vans with its unique interior layout that can also be custom -retrofitted for the Fredrick County Sheriff's Office to their exact needs. All of that, makes Alpine Armoring unique and a sole source to provide this custom -armored SWAT van to Fredrick County Sheriff's Office at very competitive price. Alpine Armoring Inc. is in Chantilly, Virginia and the service of the vehicle can be done at this location. It was discussed on the phone, that there will be a weight issue with a Hi -Roof 350HD chassis, Alpine's would recommend waiting until the 2019 Mercedes-Benz Sprinter comes out in August 2018 because it has a higher payload than the Ford Transit chassis options. Alpine will sell this chassis at no extra cost. For your information, Alpine's GSA contract number is GS-07F-9376S. O VEHICLE: © QUANTITY: © ARMORING: O CONVERSION: © SPECIAL PRICE O PAYMENT: O COMPLETION: 0 WARRANTY: O VALIDITY: New custom -armored 2018 Ford Transit 35OHD Extended SWAT Van (V6 Gasoline Engine w/ Auto Trans) — Client's Choice of Color. We are also honoring the same price of $172,800 of the previously quoted armored Ford Transit and match it for a 2018 Mercedes-Benz Sprinter van model with exact or comparable armoring spec One (1) A9/NIJ III/B6+ Complete SWATTruck Conversion based on protection level A9/NIJ III/B6+ using certified ballistic steel and glass. See Below. $172,800 - Price includes the vehicle itself, custom -armoring conversion, and all the added accessories, as shown below 50% at the time of the order and 50% prior to shipping. 10 to 15 weeks from receipt of 50% deposit and receipt of Frederick County's Purchase Order Full one year on all parts and labor, recognized anywhere in US This quote is valid until August 15th 2018 Standard armoring for the above quote is shown below. A more detailed quote/invoice and further information will be provided once the order is finalized: O Full protection against high power rifles (A9/NIJ III) including AK47, 7.62 x 39, 5.56 x 45, 7.62 x 51, M80 Ball and other OVERALL: equally powerful weapons (A9/B6+) O All original glass pieces are replaced with high quality no spall laboratory tested NIJ III Multi -layered certified ballistic GLASS: polycarbonate/glass O All opaque material surrounding the passenger area, and more are replaced with hardened laboratory tested certified OPAQUE: ballistic steel ® ROOF & FLOOR: Protection for the roof (at an angle) & Floor (protection including DM51 grenade/fragmentation) OVERLAPS: All overlap areas are protected separately with multilayered padding on both sides © FIREWALLS: Patented design armoring for firewall and all rear wheel wells FUEL TANK: Fuel tank is ballistically and independently protected on all sides ® RUNFLATS: A full set of Heavy Duty Run Flats are inserted on all six wheels & spare tire 0 COMPONENTS: Separate ballistic protection for the battery box, black box/computer module 10 ACCESSORIES: Intercom system with miniature microphones to communicate with the outside 11 ACCESSORIES: Multi -sound Public Address (P/A) and US coded siren system 12 ACCESSORIES: Red & Blue Strobe Lights (mounted inside the front grill) 13 ACCESSORIES: Custom Tail Pipe Protection Client's Additional Requested Options (included in the quote): A) Red/White Interior Dome Light B) 24" Monitor. 360 Degree Camera System (4 cameras) with DVR Recorder (1 TB Memory) C) Rear Compartment A/C and Heater D) Warning Triangle x2 E) HD Removable Rear Steps with Handle F) Bench Seating Configuration with 2 point Seatbelts G) Rear Door Handle relocated to Interior to allow both rear doors to open simultaneously H) Handheld Fire Extinguisherx1 (5lbs.) 1) Tow Rope (25ft.) J) Interior Grab Rails K) Read Door Custom Door Stops to lock at 90 degrees L) Mounts for Rear Compartment Privacy Curtain M) Upgraded 5 Ton Jack and Tire Iron N) Custom Breaching Tool Storage O) First Aid Kit (DOT Approved FF R 19 0c ■ -- 4 20 a ,Mmjjj�■ 21 22 23 I h-, l I U x 26 w 2017 and 2018 SWAT team callout case information has been provided by the Sheriff and is available upon request. 29 COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jtibbsAfeva.us TO: Finance Committee FROM: Jay E. Tibbs., Deputy County Administrator <4y _/`Z11, DATE: August 8, 2018 8/8/2018 (FY18) G/L balance: RE: Carry Forward for Repair & Maintenance — Building Projects $75,248 (GL# 4-010-043404-3004-000-003) This is a request for a General Fund supplemental appropriation in the amount of $31,044.00. This amount represents a carry forward request for the following projects: 1. $13,780.00 for Facade -Masonry Joint Sealant Replacement and Building Sealant Replacement at 107 N. Kent Street. This project was awarded in the spring of FY 18, but due to the weather did not get completed until July 2018. 2. $2,616.00 for replacement of carpet in the Health Department. Carpet squares were ordered in FY18 but have not yet been received. 3. $14,648.00 for replacement of carpet in the Treasurer's Office. Carpet squares were ordered in FY18 but have not yet been received. All projects were procured in FY18 utilizing standing purchase order #17700. Unfortunately, a standing purchase order does not encumber the funds for these projects. We respectfully request approval of these carry -forward funds. Should you have any questions, please do not hesitate to contact me. 30 Frederick County Board of Supervisor's Finance/Audit Committee Charter I. Organization There shall be a committee of the Board of Supervisors (`Board") of Frederick County, Virginia ("County") known as the Finance Committee ("Committee"). The Committee shall be comprised of three (3) members of the Board of Supervisors who will be appointed by the Chairman of the Board, with one appointed as Chair, three (3) citizen members as appointed by the Chairman of the Board, and two (2) non -voting liaisons: the County Treasurer and the County Commissioner of the Revenue. The Finance Director will serve as secretary of the Committee with the duties including preparing agendas and reports to the Board. This Charter shall govern the Committee with regard to its duties and responsibilities. The goal of the Committee shall be to provide oversight for all financial policies, procurement policy, financial planning, risk management, debt issuance, budget development and other fiscal related issues. II. Purpose The primary function of the Committee is to review matters of a financial nature including proposed changes to fiscal/procurement policies and the review and recommendation for matters of a financial nature coming forward to the Board including, but not limited to, supplemental appropriations, transfers and contracts. The Committee's primary duties and responsibilities are as follows: • To provide to the Board means for determining the manner in which policies, programs, and resources authorized by the Board are being deployed by management consistent with the intent of the Board and in compliance with all appropriate statutes, ordinances, and directives. • Develop and submit reports, draft policies and/or recommendations regarding audits and the finances of the County to the full Board for its consideration. • To serve as the Audit Committee to assist the Board in carrying out its oversight responsibilities by reviewing financial information provided in the County's annual financial report. The Committee will primarily fulfill these responsibilities by carrying out the activities enumerated in Section IV of this Charter. III. Meetings and Ouorum The Committee shall meet monthly or more or less frequently as circumstances dictate. The Chairman of the Board, the Chair of the Committee, or a majority of the Committee members may call or cancel meetings of the Committee. The Chair of the Committee shall prepare or approve an agenda in advance of each meeting. The County Administrator and the Director(s) with the responsibilities for finance shall be invited to all meetings. Other management officials and counsel to the Board may be invited as necessary. With the exception of Directors, the Chair may excuse any non -Committee members from attendance at any meeting or portion of any meeting. A majority of 31 the total Committee composition shall constitute a quorum for the purposes of conducting the business of the Committee. IV. Responsibilities The Committee shall have the following duties and responsibilities: A. Finance 1. Review and advise the Board and senior management of the County with respect to finance initiatives, policies and procedures, including activities relating to procurement. 2. Provide direction during the preparation of the annual budget. Review the County Administrator's final budget proposal and provide recommendations to the Board with respect to those proposals including tax rates and fees. 3. Review and advise the Board on supplemental appropriation requests, transfers and change orders as dictated by policy. 4. Review the budgetary and financial implications of management's tactical and strategic plans. 5. Review periodic or interim budget and/or financial statements to ensure the County is operating within approved financial and budgetary allocations and that the County is appropriately safeguarding its financial resources. B. Audit 1. Perform independent review and execute oversight of the financial reporting process, internal controls and independent auditors. 2. Provide a forum separate from management in which auditors and other interested parties can discuss the annual audit. 3. Meet with the external auditors during the entrance and exit conferences and at other times as needed or upon request of the external auditors. Review and approve the annual external audit engagement letter. 4. Manage the County's internal audit function including review and approval of the internal annual audit work plan, reports and recommendations. The internal auditor shall report functionally to the Chair of the committee or designee. The Committee chair, along with the County Administrator and Finance Director, shall conduct annual evaluations of the auditor's performance. The Committee Chairman shall participate in decisions regarding the appointment of the internal auditor and the acceptance of the internal audit plan. C. Other Duties Related to Review, Reports and Improvement Procedures 1. Review and reassess annually the adequacy of this Charter, and conduct an annual self - assessment of this Committee's performance. 32 2. Report all meetings of the Committee to the Board on the matters discussed at each Committee meeting, as appropriate. 3. Perform any other activities consistent with this Charter, the County's goals, objectives and governing law, as the Committee or the Board deems necessary or appropriate. Original: Adopted by Board of Supervisors 1/25/2012 Revisions: 9/9/2013: reduced Board of Supervisor representatives from four (4) to three (3) 9/29/2014: no changes 10/21/2015: no changes 9/13/2017: no changes 33 Cheryl Shiffier From: Kristen Anderson <Andersok@fcpsk12.net> Sent: Thursday, July 19, 2018 11:13 AM To: Cheryl Shiffler Cc: Patty Camery Subject: FY19 School Operating Original Budget by State Category Hi Cheryl, Hope your summer is going well. Below is our operating fund budget by state category as adopted by the school board on April 17, 2018. FY19 School Operating Fund Original Budget by State Category Instruction Administration and Attendance & Health Pupil Transportation Operations & Maintenance Food Services Facilities Transfers Technology Contingency Reserve Total Operating Fund 127,691,036 7,580,713 9,404,148 14,989,146 17,950 369,174 543,298 7,321,497 538,718 $ 168,455,680 Please remember that contingency reserve reflects the difference between the House and Senate versions of the state budget at the time of county budget adoption. Hope this helps. Thanks, Kristen Kristen D. Anderson, MBA Assistant Director of Finance Frederick County Public Schools 1415 Amherst Street Winchester, VA 22604 email: andersok@fcpskl2.net -hnna• ;An-662-3889 ext. 88213 34 § 22.1-115. System of accounting; statements of funds available; classification of expendi... Page 1 of 1 Code of Virginia Title 22.1. Education Chapter 8. Public School Funds § 22.1-115. System of accounting; statements of funds available; classification of expenditures. The State Board, in conjunction with the Auditor of Public Accounts, shall establish and require of each school division a modern system of accounting for all school funds, state and local, and the treasurer or other fiscal agent of each school division shall render each month to the school board a statement of the funds in his hands available for school purposes. The Board shall prescribe the following major classifications for expenditures of school funds: (i) instruction, (ii) administration, attendance and health, (iii) pupil transportation, (iv) operation and maintenance, (v) school food services and other noninstructional operations, (vi) facilities, (vii) debt and fund transfers, (viii) technology, and (ix) contingency reserves. Code 1950, § 22-143; 1979, c. 630; 1980, c. 559; 1984, c. 130; 1989, c. 94; 2002, c. 470; 2008, c. 131. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 7/18/2018 &Virginia Law Library The Code of Virginia, Constitution of © Helpful Resources A For Developers Virginia, Charters, Authorties, Compacts Virginia Code Commission The Virginia Law website data is available and Uncodified Acts are now available in ,__. _ �__ via a web service.0 Virginia Register of Regulations both EPub and MOBI eBook formats.© U.S. Constitution 9 Follow us on Twitter 1 •ii 35 https://Iaw.lis.virginia.-gov/vacode/title22.1 /chapter8/section22.1-115/ 7/18/2018 COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 1080 %overstone Drive Winchester, VA 22602 Dennis D. Linaburg Fire Chief MEMORANDUM TO: The Frederick County Finance Committee FROM: Dennis D. Limburg, Chief Fin: and Rescue Department SUBJECT: Community College EMS Training Information DATE: August 14, 2018 During the July 2018 Finance Committee meeting, information related to EMS traalning from outside sources was requested. After contacting the EMS Program Coordinator at both Lord Fairfax Community College (LFCC) and Blue Ridge Community & Technical College (BRCTC), we have compiled the below information. LFCC offers one EMT -Basic program a year, the first class was offered May 2018, with a minimum of 3 students — they did not meet this minimum and class was canceled. o Class is 10-weeks plus Clinicais and 9-credits. o Required courses are Tuesday and Thursday evenings, with an eight -hour course each Saturday ■ $1,875 per student (in -state or Business Agreement pricing, however a discount in tuition would not be available). ■ 20 Recruits = $37,500 An accelerated Monday -Friday 5-week class has never been taught at LFCC and they are not sure what that would require at this time. An agreement/contract would be required. 24 Volunteers = $45,000 ■ $82,600 annually (basic training only) Office (540) 665-5618 0 dlinaburO Lva.us 0 Fax (540) 678-4739 36 • BRCTC offers two EMT -Basic course programs per year (one a semester) and is a pre -requisite to the Paramedic AAS. o Class is 16-weeks plus Clinicals and 8-credits o Required courses are Tuesdays, Thursdays, and Saturdays $1,725 per student (in -state or Business Agreement pricing, however a discount in tuition would not be available). ■ 20 Recruits = $34,500 24 Volunteers = $41,400 ■ $75,900 annually (basic training only). Travel to the West Virginia campus would be an additional expense as all lab requirements must be completed at the campus. Basic EMTs must have 40 hours of CEUs every 3-years • Advanced EMTs must have 50 hours of CEUs every 2-years • Intermediate EMTs must have 55 hours of CEUs every 2-years • Paramedics must have 60 hours of CEUs every 2-years o CEUs must meet national curriculum standards and are broken up into several required categories based on provider level. The personnel costs for each additional Firefighter/EMT for Fiscal Year 2019 is $68,122. While the associated costs for outside EMS training are nearly identical, this expense does not include ongoing EMS training requirements, training associated with fire response, hazardous materials, or other specialty training needs and courses conducted throughout the year. If you have any questions or would like to further discuss the information provided, please do not hesitate to contact me. DDL:mhn CC: file 37 JULY 2018 BUDGET TRANSFERS Page 1 DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 7/1/2018 REGISTRAR CORRECT SALARY 1302 1001 000 002 5,254.04 TRANSFERS/CONTINGENCY 9301 5807 000 001 (5,254.04) 7/17/2018 PUBLIC SAFETY COMMUNICATION EMERGENCY EQUIPMENT REPAIR 3506 3004 000 001 (17,150.00) PUBLIC SAFETY COMMUNICATION 3506 5407 000 000 17,150.00 7/17/2018 COUNTY OFFICE BUILDINGS/COURTHOUSE PHONE BILL FOR FREDERICK COUNTY MIDDLE SCHOOL 4304 5101 000 000 (104.76) COUNTY OFFICE BUILDINGS/COURTHOUSE 4304 5204 000 010 104.76 7/17/2018 COMMONWEALTH'S ATTORNEY TO FUND OFFICE SUPPLIES 2201 3002 000 000 (1,000.00) COMMONWEALTH'S ATTORNEY 2201 54011 0001 0001 1,000.00 7/20/2018 COUNTY OFFICE BUILDINGS/COURTHOUSE TEST,INSPECT&REPAIR BOILERS/FREDE RICK COUNTY MIDDLE SCHOOL 4304 3004 000 003 (2,756.00) COUNTY OFFICE BUILDINGS/COURTHOUSE 4304 3004 000 011 2,756.00 7/26/2018 SHERIFF BREACHING TOOL - SWAT EQUIPMENT 3102 5409 000 002 (10,395.00) SHERIFF 3102 8001 000 000 10,395.00 7/31/2018 ALL GENERAL FUND DEPARTMENTS 1101-8301 CORRECT VRS ALL 0 000 000 77,163.53 TRANSFERS/CONTINGENCY 9301 5807 000 001 (77,163.53) 8/1/2018 COUNTY OFFICE BUILDINGS/COURTHOUSE IRENTAL OF 40' LADDER TO CAULK WINDOWS /COUNTY OFFICE BLDG. 4304 5415 000 000 (50.60) COUNTY OFFICE BUILDINGS/COURTHOUSE 1 4304 90011 0001 0001 50.60 8/7/2018 INFORMATION TECHNOLOGY ITO COVER PLANET TECHNOLOGIES CONTRACT 1 1220130051 0001 000 (1,700.00) INFORMATION TECHNOLOGY 1 1 1220130101 0001 0001 1,700.00 AP250 8/09/2018 calm OF FR[=CK VA. OFEN ICRCRkSE ORDERS * OPEN PfRICXD- - 2018/06 FC4 VIIVD# Nim RN3,DEPP-IOC-ACCT DATE $ 2ll A $ 22295 004569 IELL PARFETING L P 4010-012030-5401-000-000- 6/28/2018 DEPART�Mr TOTAL 22289 010099 ERIIE Ca-FUIERS 22296 004466 LELL FTPPPY.SAL SERVICES 22279 007899 CELIEP,RITF USA MRP 22291 010715 irs SECM= INC 22287 009206 SAFPRIIAND 22277 010405 SUPFRICI LLC 2215E 005254 EPA 1-1vAN S INC 22199 005205 CALLS LLC 22118 010296 '171MCSL DTSTRI UIORS 22250 005329 COLMIAr FCRD TMJ,X S4LFS 22215 004649 LHYSIO-MMM INC 22285 004981 TRICK TR[}rR.S SEVEN INC 22275 006651 kvll= INC- 22283 005769 NINICIPAL FDA 94NI 22294 005769 MNICIPAL EYFP� SERVI 22272 00521-L S*M11RE IW- 22271 000390 DCTC C A SOWTICVS IW- 22254 005329 QDICNIP,L EGAD TMJ X S4IF5 22288 007692 FAST QiaSr ENE,, Y 22292 007692 FAST CT19Sr ENEPI IS.'Y 22203 005769 MNSCIPAL FD%Tl� SERVI 22276 007019 (1 TERCIAr rAUIMY FYAIP 22284 006966 WPIMER PLEIZC SAFETY 22286 010779 ISInJ ATE LLC DEPART11W TC IAL 4010-012100-5401-000-000- 6/20/2018 DEPAKIMSIr TOTAL DEPARMVENr TRIAL 4010-012200-5401-000-004- 6/29/2018 DEPAKII41qr TOTAL 4010-031020-5401-000-000- 6/14/2018 4010-031020-5409-000-000- 6/26/2018 4010-031020-5409-000-002- 6/20/2018 4010-031020-5409-000-005- 6/14/2018 4010-031020-5410-000-000- 9/07/2017 4010-031020-5410-000-000- 4/20/2018 4010-031020-5410-000-001- 6/08/2017 DEPAKIMSIr TOTM, 4010-034010-8005-000-000- 4/30/2018 DEPArT4W TOTAL 4010-035050-3004-000-001- 4/20/2018 4010-035050-5408-000-000- 6/15/2018 4010-035050-5410-000-000- 6/13/2018 4010-035050-5410-000-000- 6/15/2018 4010-035050-5413-000-000- 6/27/2018 4010-035050-5605-000-002- 7/23/2018 4010-035050-8003-000-000- 6/11/2018 4010-035050-8005-000-000- 5/01/2018 4010-035050-8005-000-000- 6/20/2018 4010-035050-8005-000-000- 6/26/2018 4010-035050-8009-000-000- 7/23/2018 4010-035050-8009-000-000- 6/13/2018 4010-035050-8009-000-000- 6/15/2018 4010-035050-8009-000-000- 6/19/2018 DEPAPff4Nr TOTM, PACE 1 5,288.14 5,288.14 .00 5,300.00 5,300.00 .00 * 25,370.38 25,370.38 * 6,480.00 2,751.60 4,512.32 4,540.00 4,263.00 5,650.00 5,276.64 33,473.56 55,570.50 55,570.50 334.64 3,931.90 5,712.00 47,300.00 9,067.50 8,696. 09 7,541.68 60, 857.16 10,230.18 8,662.61 19,961.25 16,664.00 14,409.80 33,120.00 246,488.81 APPRVD SY FO Diptim 39 AP250 8/09/2018 CaJM OF Ffd=CY VA. PERIL D- - 2018/06 FN VEND4 DYIIE 22208 008750 C RIMM, IDEISTMES OF 22209 010578 VER 7 &*,= SOLUITNS 22248 005329 CDL NTAr FGIO TlaJX &SLFS 2221-L 005995 N D-ATLANPIC WME SYSTEM 22269 005035 7RANE U.S. IW 22273 006224 BDIAVD 22282 006224 BDIOM 22281 004942 F IT H= QF7IRC%S HC 22168 010071 FXPRFS FRESS 22229 006011 FFiIEPZCIN LIGIPIM LLC 22242 009762 VIRC RIGH C 22230 005701 TRINTIY TURF IW 2225E 005329 CDLMLt ECRD TMJ,'X &4LFS 22143 004597 GREQVFAY EMINEERM 22249 01070E RM HgIERa= IIW- 22230 005701 TRINITY 'TURF H C 22293 002497 TORF BJJUA'ENI- & SUPPLY 22183 010531 DETRD REYRFAT CN H C 22257 002668 R K CFEVIXT= IPA 22226 008568 ATIANPIC 7%TICSL 1w 22262 004863 TaN FOLSCE SUPPLY OF OPEN P[A2CR SF OIDERS * OPEN PUM-DEPP-IOC-ASP DATE $ 2ll A $ 4010-035060-8007-000-000- 1/26/2018 4010-035060-8007-000-000- 1/26/2018 DEPAREVENP TDIAL� 4010-042010-8005-000-000- 4/30/2018 DEPARMIINP TDIAL 4010-042030-8006-000-000- 2/01/2018 DEPARH4Nr TDML 4010-043040-8001-000-000- 6/08/2018 4010-043040-8001-000-000- 6/11/2018 4010-043040-8001-000-000- 6/15/2018 4010-043040-8001-000-005- 6/15/2018 DEPARDINr TDML� 4010-071040-5410-000-000- 6/21/2018 4010-071040-5412-000-000- 4/20/2018 DEPAREVENP TDIAL� 4010-071090-3004-000-003- 4/19/2018 4010-071090-5403-000-000- 5/23/2018 4010-071090-8005-000-000- 5/14/2018 4010-071090-8900-000-000- 5/23/2018 4010-071090-8900-000-000- 4/30/2018 DEPARHA—W TL71 L 4010-071100-5403-000-000- 5/23/2018 4010-071100-8005-000-000- 6/26/2018 4010-071100-8900-000-000- 3/23/2018 DEPARDINr TDML� 4010-081010-8005-000-000- 5/11/201B DEPARIMWr TO'IAL- R M TC7LAL- 4011-033010-5409-000-000- 3/0B/2018 4011-033010-5409-000-000- 5/25/2018 ME 2 40,438.46 30,375.00 70,813.46 28,408.35 28,408.35 75,300.00 75,300.00 7,843.00 17,563.00 32,400.00 37,940.00 95,746.00 2,185.30 1,601.60 3,786.90 35,940.00 318.95 28,692.15 2,138.62 193,000.00 260,089.72 241.45 18,352.85 40,355.15 58,949.45 * 28,447.40 28,447.40 993,032.67 9,915.45 2,85B. 00 APPMO BY FO Diptim AP250 8/09/2018 calm OF Ffd=CY VA. PERIOD- - 2018/06 22268 007981 VURI ESTER REgDKRPNT 22270 010754 ADAIC ^"^""' IPA 22214 005802 SHEEHY FCPD OF RICI-YVM 22234 00241-L SHEENY FORD 22228 005329 ( MCNIrAT FCYa7 TMJ,X SAIFS 22255 001230 ALBPN TRAIOR (D IW 22290 000394 WM-ESBJHRI INT Cl) 22236 003802 EELTA AIRFW O3VS7LMM 22165 003802 EELTA AIRFW O3VSM'ffZ 8 22166 010502 C32PH M OaIM UM OFEN PLRC iASF ORDERS * OPEN FIND-DEPP-IOC-ASP DATE $ 2ll A $ 4011-033010-8001-000-000- 6/04/2018 4011-033010-8001-000-000- 6/OB/2018 4011-033010-8005-000-000- 2/05/2018 4011-033010-8005-000-000- 4/05/2018 DEPARMEW TC IAL 4012-042040-8005-000-000- RM TDIAL- 3/08/2018 4012-042040-8006-000-000- 5/03/2018 4012-042040-8006-000-000- 6/25/2018 DEPARMVMT TDIAL DEPAKIP'YNT TDML RM TDIML- 4085-081030-8801-000-160- 7/12/2018 4085-081030-8801-000-204- 7/12/2018 4085-081030-8801-000-204- 12/27/2017 DEPARMUr TOIA � PAP£ 3 8,289.00 179,434.38 30,055.13 6,495.96 237,047.92 237,047.92 * 29,368.55 345,228.00 8,783.00 383,379.55 383,379.55 * .00 * .00 32,046.00 7,437.95 32,690.00 72,173.95 * 72,173.95 * 1,685,634.09 * APPMU EY FO Diptim 41 Account Description Fund Description Purchased Services School Operating Fund Purchased Services School Operating Fund Purchased Services School Operating Fund Purchased Services School Operating Fund Purchased Services School Operating Fund Purchased Services School Operating Fund Purchased Services School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Repairs and Maintenance School Operating Fund Lease/Rent of Buildings School Operating Fund Lease/Rent of Buildings School Operating Fund Repair & Maint Parts Supplies School Operating Fund Other Operating Supplies School Operating Fund Other Operating Supplies School Operating Fund Instructional Materials School Operating Fund Instructional Materials School Operating Fund Instructional Materials School Operating Fund Software/Online Content School Operating Fund Noncapitalized Tech Hardware School Operating Fund Noncapitalized Tech Hardware School Operating Fund Noncapitalized Tech Hardware School Operating Fund Noncapitalized Tech Hardware School Operating Fund Noncapitalized Tech Hardware School Operating Fund Capital Outlay Replacement School Operating Fund Capital Outlay Replacement School Operating Fund Capital Outlay Replacement School Operating Fund Capital Outlay Replacement School Operating Fund Capital Outlay Additions School Operating Fund Total Fund 50 School Operating Fund PO# Vendor Name 50609 OWPR 20180680 Virginia Property Group, Inc. 20170081 OWPR 20180609 OWPR 20180773 OWPR 20180816 OWPR 20180835 OWPR 20180556 OWPR 20180599 Architectural Products of Virginia 20180618 Mover Dudes, In 20180642 Pritchett Controls, Inc. 20180711 Patriot Fire & Security 20180714 Viola Engineering, PC 20180723 Confederate Contractors 20180725 Hi-Tek Biz, LLC 20180785 Stoney Ridge Fencing, LLC 20180795 Greenway Engineering 20180818 Viola Engineering, PC 20180842 Miller&Anderson, Inc. 20180851 Confederate Contractors 20180607 McGrath RentCorp and Subsidiaries 20180838 McGrath RentCorp and Subsidiaries 20180197 Diversified Educational Systems, Inc. 20180684 Knoll, Inc. 20180746 Miller's Supplies At Work 20180861 Pearson PO Date 12/22/2016 03/15/2018 02/24/2017 01/22/2018 05/11/2018 05/30/2018 05/31/2018 12/08/2017 01/16/2018 01/25/2018 02/08/2018 04/13/2018 04/17/2018 04/23/2018 04/23/2018 05/16/2018 05/17/2018 05/30/2018 06/04/2018 06/05/2018 01/19/2018 06/01/2018 07/24/2017 03/23/2018 05/02/2018 06/05/2018 20180836 Diversified Educational Systems, Inc. 05/31/2018 20180753 Virco Inc. 05/07/2018 20180759 Tyler Technologies, Inc. 05/08/2018 20180840 CDW Government, LLC 06/01/2018 20180877 Innovative Systems & Solutions 06/11/2018 20180898 CDW Government, LLC 06/20/2018 20180899 Troxell Communications, Inc. 06/20/2018 20180903 CDW Government, LLC 06/21/2018 20180627 Floor Shop 01/31/2018 20180832 Architectural Products of Virginia 05/30/2018 20180881 Southern Refrigeration Corp 06/12/2018 20180900 The Floor Shop of Winchester, Inc. 06/20/2018 20180601 OWPR 01 /17/2018 Capital Outlay Replacement Capital Projects Fund 20180564 Don Largent Roofing, Inc. Capital Outlay Replacement Capital Projects Fund Repairs and Maintenance Capital Projects Fund Capital Outlay Additions Capital Projects Fund Capital Outlay Additions Capital Projects Fund Capital Outlay Additions Capital Projects Fund Capital Outlay Additions Capital Projects Fund Capital Outlay Replacement Capital Projects Fund Capital Outlay Replacement Capital Projects Fund Repairs and Maintenance Capital Projects Fund Repairs and Maintenance Capital Projects Fund Capital Outlay Additions Capital Projects Fund Capital Outlay Replacement Capital Projects Fund Repairs and Maintenance Capital Projects Fund Capital Outlay Replacement Capital Projects Fund Repairs and Maintenance Capital Projects Fund Purchased Services Capital Projects Fund School Buses- Replacement Capital Projects Fund Total Fund 59 Capital Projects Fund Purchased Services Construction Fund Purchased Services Construction Fund Purchased Services Construction Fund Purchased Services Construction Fund Purchased Services Construction Fund Total Fund 60 Construction Fund Total All Funds 20180565 Anderson Roofing & Sheet Metal 20180617 OWPR 20180676 Architectural Products of Virginia 20180677 Architectural Products of Virginia 20180678 Architectural Products of Virginia 20180679 Architectural Products of Virginia 20180708 Encore Technology Group, LLC 20180709 Encore Technology Group, LLC 20180737 Viola Engineering, PC 20180786 Viola Engineering, PC 20180791 Pine Knoll Construction 20180793 OWPR 20180848 Colossal Contractors, Inc. 20180862 Integrity Electrical Services 20180868 American Paint Company, LLC 20180883 OWPR 20180478 Blue Bird Bus Sales of Pittsburgh, Inc. 46469 OWPR 49808 OWPR Balance Item Description 2,064.96 Civil Engineering Services VDOT Route 522 1,750.00 Fee -Find Land forthe New Aylor 21,000.00 A&E design svcs for stormwater MHS 2,576.03 REAMS A&E SVC 10,500.00 JWHS HVAC engineering 8,299.93 SWES A&E modulars 3,500.00 ADMIN A&E (Insurance Claim) 2,100.00 REAMS CO2 study 13,744.50 SWAT boxes 5,462.00 SBO Annex move (Insurance Claim) 9,970.00 JWHS connect network 4,890.00 REAMS fire safety equipment 587.75 REAMS testing 500.00 Admin Annex repairs (Insurance Claim) 23,365.87 REAMS elec install 2,500.00 REAMS modular fencing 6,140.00 WATER TESTING 850.00 SWES modular testing 4,988.00 ANNEX renovations (Insurance Claim) 475.00 RRES build walls 145,276.00 REAMS modulars 66,599.00 SWES modulars 10,258.00 CLASSROOM FURNITURE BHES 13,417.14 Furniture Install Annex Cubicles (Insurance Claim) 529.00 Conference Table for IT Dept. 6,501.60 CTE Textbooks 21,608.00 classroom furniture (Redbud/Stonewall) 4,306.50 chairs/tables for Library REAMS 31,642.34 Munis and SIS Implementation/Support 770.00 Laptop for Missy McDonald 1,807.95 Cisco IP Phones 18,400.00 Chromebooks 1,649.00 Printers for FCMS 9,200.00 Chromebooks 24,717.00 SBO Floor Covering (Insurance Claim) 19,019.00 BHES frame, door, hardware rep 25,665.00 GES Cooling Tower Repair 6,827.88 Bass -Hoover Gym Floor (Insurance Claim) 9,405.00 IHES design svc 542,862.45 12/14/2017 101,932.00 NREP roof replacement 12/14/2017 124,062.00 RRES roof replacement 01/25/2018 13,500.00 Softball Field Improvements at Sherando Park 03/15/2018 20,875.00 DJH Security Upgrade 03/15/2018 20,937.00 JWHS Security Upgrade 03/15/2018 20,704.00 SHS Security Upgrade 03/15/2018 16,639.00 Security upgrade 04/13/2018 26,693.75 JWMS PA system 04/13/2018 28,239.93 SHS PA system 04/27/2018 1,500.00 MHS stormwater mgmt upgrades 05/16/2018 1,300.00 SHS ballfield testing 05/16/2018 22,758.50 MHS Stormwater Mgmt Upgrades 05/17/2018 24,000.00 SHS A&E tennis courts 06/04/2018 65,900.00 RRES interior painting 06/06/2018 13,560.00 SBO Annex elec upgrade (Insurance Claim) 06/07/2018 35,688.00 Stonewall Elementary interior 06/13/2018 3,000.00 OVES engineering svc 5 School Buses (Received and waiting on 10/20/2017 461,861.00 replacements due to corrosion) 1,003,150.18 12/22/2016 236,000.00 A&E 4th HS 12/22/2016 7,770.00 A&E Services for Armel Renovation 20180837 Grimm and Parker Architecture, Inc. 06/01/2018 20180858 Branch Civil, Inc. 06/05/2018 20180890 Viola Engineering, PC 06/15/2018 453,445.59 12th Elem-Construction 935,680.72 12th Elem Site Work Construction 79,169.00 12th Elem. Testing Services 1,712,065.31 3,258,077.94 42 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, August 16, 2018 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA r_T4Wr0u0mxIa Committee Members Present: Chairman Bob Wells, Walt Cunningham, Judy McCann - Slaughter, Chuck Torpy. Committee Members Absent: Blaine Dunn, Helen Lake. Staff present: Director of Communications LeeAnna Pyles, Fire Chief Dennis Linaburg, Finance Director Cheryl Shiffler, Deputy County Administrator Jay Tibbs, Sheriff Lenny Millholland, Deputy Director of Emergency Management Chester Lauck, Major Steve Hawkins, Assistant County Attorney Erin Swisshelm, la` Lieutenant Barry Kittoe and Treasurer Bill Omdorff. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1- None ITEMS FOR INFORMATION ONLY 1. Information from Communications Committee on Sheriff's office portable radio needs (see attached): Director Pyles presented the Communications Committee recommendation for obtaining additional portable radio repair funding for the Sheriff's department. The Sheriff's department has obtained 158 portable radios from the Department of Defense at no cost, all of which need additional equipment such as batteries and antennae. They have deployed 38 radios and the remaining 120 need to be serviced at a cost of $350 apiece. All future maintenance on the radios will be done inhouse. The Communications Committee is supporting the Sherriff's office request for an appropriation of $42,000 to purchase equipment to enable the remaining portables to become operative. This will be forwarded to the Finance Committee. Mr. Torpy made a motion to approve the request and forward this recommendation to the Finance Committee. Ms. McCann -Slaughter seconded the motion and the Committee unanimously approved the request. 2. Traffic Control reimbursement policv discussion (see attached): Per action at the June Finance Committee meeting, Sheriff Millholland was asked to work with the Public Safety Committee to develop a policy for the provision of traffic control/enforcement for private organizations (e.g.: churches, SU football games, traffic light fixes, etc) that request this service. He advised that requestors currently sign a contract and are billed $50/hr. This fee is used to cover the overtime incurred by the deputies providing this service for the event. The Finance Committee requested the Sheriff bring the topic of a policy creation to the Public Safety Committee as there is currently no official County policy governing this service. It was noted that concerns related to potential costs incurred relative to the Line of Duty Act should a deputy be hurt while performing this service. Mr. Tibbs suggested contacting surrounding jurisdictions to see if they have implemented a similar policy which could be used to begin drafting our own policy. The Sheriff showed the Committee a copy of the contract currently being used and stated that it is a product of many localities and Frederick County combined. Chairman Wells requested Sheriff Millholland distribute a copy of the current contract document and to submit a policy draft prior to the next meeting, so the Public Safety Committee members can review it and bring any comments and questions into discussion at that time. 3. Other information: Chairman Wells discussed the need for smoother communication within the Public Safety Committee with regards to meetings. Meetings are scheduled every 2 months (3rd Thursday). Two weeks prior to the meeting, an email will be sent to the Sheriff, Chief Linaburg, Director Pyles, Jay Tibbs and Chairman Wells requesting any possible agenda items, attachments, information. Chairman Wells will in turn check in with Director Pyles following that e-mail to see if there are items for the agenda and whether the meeting will be held, rescheduled or canceled. Chief Linaburg closed the meeting by addressing the passing of a veteran fire fighter, Charlie Kern who served for over 20 years. Respectfully submitted, Public Safety Committee Bob Wells Blaine Dunn Chuck Torpy Judy McCann -Slaughter Helen Lake Walt Cunningham COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 Frederick C. Kinder Lieutenant Communications Committee Chair August 29, 2018 Leeanna Pyles, Director Public Safety Communications County of Frederick 1080 Coverstone Drive Winchester, Virginia 22602 Re: Request for funding Director Pyles, As discussed in the last Communications Committee Meeting, the Communications Committee fully supports and recommends the request for funding. Please find below the information regarding the request for additional funding to place in service portable radio equipment for the Sheriffs Office. Over the last several months, the Sheriff's Office has received 158 portable radios from the 1033 Reutilization Program from the U.S. Department of Defense. The equipment is valued at a $6,668.00 each and has saved the county an estimated total of $1,053,544.00. Of the 158 Portables, 38 have been placed into service, replacing communications equipment that was obsolete, broken, or in excess of 15 years old. The remaining 120 portable radios are in need of several items to make them ready for deployment. 1. Battery $85.00 2. Battery Charger $75.00 3. Antenna $25.00 4. Speaker Microphone $165.00 This figure totals to $350.00 per portable radio for a total of $42,000.00. This in turn will replace radios that are currently being used in the field that have a whole host of issues. The issues are missing knobs, broken antennas, broken speaker microphones, equipment in excess of 15 years old, batteries in excess of 7 years old and broken chargers. Funding this request would allow for a modern radio capable of digital transmissions and encrypted radio traffic in the hands of our deputies. This will also allow for interoperability with Clarke and Warren Counties while maintaining enhanced communications within Frederick County. Respectfully submitted, .Frederick C. Kinder, Lieutenant Frederick County Fire and Rescue Office (540) 665-5618 fkinder @fcva.us Fax (540) 678-47 9 Frederick County Sheriffs Office NOTE: This directive is for internal use only, and does not enlarge an employee's civil liability in any way. It should not be constructed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to -kk third party claims. Violation of this directive, if proven, can only form the basis of a complaint by this department, and then only in a non -judicial administrative setting Series Number Effective Date Review Date Reviewing Office PER 203 01-01-16 01-01-20 1 T- Sheriff Subject Extra-Duty/Off-Duty Employment ® New Order ❑ Amends References PER.04.01 PER.04.02 ❑ Replaces e� 01-01-16 Sheriff Date I. PURPOSE To provide policy governing extra-duty/off-duty employment for employees of the Frederick County Sheriffs Office. II. POLICY The Sheriff must ensure the continued efficiency and effectiveness of the Sheriffs Office while simultaneously reducing or eliminating conflicts of interest. To this end, the Sheriff shall manage according to whatever reasonable controls he deems necessary to restrict or regulate the conduct of employees. It is the policy of the Sheriff's Office, therefore, to prohibit extra-duty/off-duty employment of employees when it may impair efficiency or conflict with their duties and responsibilities. III. DEFINITIONS A. Employment Any work performed or services provided for compensation, including self-employment. B. Law Enforcement Related Employment Page 1 of 6 Employment by Sheriff's Office personnel that may require the use of their law enforcement powers, which have been granted by the Commonwealth of Virginia/Frederick County Sheriff's Office. C. Probationary Period That period of time measured by one calendar year beginning with the date of employment. (Within the Sheriffs Office, the probationary period is for the purpose of evaluating an employee's abilities and aptitude for the assigned work and does not imply tenure.) D Non Law Enforcement Related Off -Duty Employment This employment shall not constitute a conflict of interest with the Sheriff's Office. A conflict of interest is determined by the Sheriff and shall include any activity inconsistent, incompatible, or in conflict with the duties, functions, or responsibilities of law enforcement employment. E. Off -Duty (Secondary) Employment Any employment for an entity where the employee formally accepts a position, (including self-employment/own business), where the employee works a weekly scheduled time period, and where the employee intends to remain in this position for an extended time period. Off -Duty employment does require the employee to submit a Request For Off -Duty Employment form to the Sheriff for approval. F. Extra -Duty Employment Any employment by an employee for a service that was submitted and approved through the Sheriff s Office administration requesting personnel for a short time period and a specific service, i.e. security for a specific event. Extra -Duty employment is sporadic and does not require the employee to submit a Request for Off -Duty Employment form. IV. PROCEDURES A. Law Enforcement Related Extra -Duty Employment 1. Law enforcement related extra -duty employment shall not exceed 16-hours per day, including on -duty time; e.g., an employee working a 10-hour work day may work six hours extra -duty employment on the same day and an employee on a day off may Page 2 of 6 work 16-hours. (This policy does not restrict the amount of time worked by an employee on -duty for the Sheriff's Office.) a. For the purpose of computing the allowable work time per day, court time shall constitute on -duty time. 2. Law enforcement related extra -duty temporary employment is restricted to the Frederick County/Winchester City limits. Deputies may perform law enforcement duties beyond the county's boundaries if working in conjunction with another jurisdiction's regular law enforcement agency and after having been duly sworn as a law enforcement officer in that jurisdiction. 3. The minimum salary required for deputies employed in a law enforcement related extra -duty temporary capacity must be at least equal to the over -time pay rate for a newly employed deputy. 4. Serving as an employment agent and receiving compensation for procurement of law enforcement related temporary jobs for other Sheriff's Office employees is prohibited. This does not prohibit supervisors/SROs from requesting personnel to work assignments that have been approved by the Sheriff or his designee. 5. No employee shall at anytime solicit any person or business for the purpose of gaining law enforcement related extra -duty temporary employment. 6. Except for public school security activities, which have the Sheriff's standing approval, and other temporary employment specifically authorized by the Sheriff or his designee, the following regulations apply: a. The sheriff may approve or disapprove the wearing of the Sheriff's Office uniform while engaging in extra -duty employment. b. The sheriff may approve or disapprove the use of county - owned vehicles, radio, or other equipment while engaging in extra -duty employment. 7. Deputies, while engaged in law enforcement related extra -duty temporary employment, will adhere to Sheriff's Office policy and be subject to the orders of the on -duty Sheriffs Office supervisor. A deputy may be prohibited from working law enforcement extra - duty temporary employment for the following reasons: Page 3 of 6 a. The deputy's on -duty performance is affected by working the extra -duty hours; b. The deputy does not satisfactory perform the extra -duty assignment; The deputy has received disciplinary action from the Sheriff's Office. 9. The Sheriff may designate a coordinator for law enforcement related extra -duty temporary employment for the Sheriff s Office. They will monitor policy compliance, maintain records, and review the process annually. B. Non -Law Enforcement Off -Duty Employment Section AI above regarding hours worked during extra -duty employment, also applies to non -law enforcement off -duty employment. The following are jobs, which the Sheriff deems unacceptable, and permission to engage in secondary employment in these areas will be denied. Jobs at establishments where alcoholic beverages are sold for consumption on the premises (bartenders, bouncers, etc.). 2. Deputies and employees are prohibited from employment by any firm connected with the following: a. Towing or storage of vehicles; b. Bill/debt collector; C. Bodyguard; d. Private investigator; f. Process server; g. Taxi cab driver. C. Law Enforcement Off -Duty Employment It is the policy of the Frederick County Sheriffs Office not to allow law enforcement off -duty employment with any other law enforcement agency as a sworn law enforcement officer. This policy does not prohibit Sheriff's Office employees' from being sworn in other jurisdictions for Page 4 of 6 temporary extra -duty law enforcement employment, nor does it prohibit them from being members of joint law enforcement task forces. D. Arrests Any arrests made, or summonses issued, while engaged in law enforcement related extra -duty employment would follow the procedures set forth in ADM-105. E. Law Enforcement Related Extra -Duty Employment Whenever a request is received for law enforcement extra -duty employment, the following information shall be obtained: a. The precise nature of the work to be performed; b. The hours or schedule for the task; C. The equipment the employee(s) will need; d. The contact persons phone number/address. 2. The Sheriff or his designee will make the final decision to approve/disapprove all requests for law enforcement related extra - duty employment. E. Sheriff's Office Liability 1. Any approved law enforcement related extra -duty temporary employment is considered work related and all of the benefits provided to on -duty Sheriff's Office personnel would be provided to personnel working these assignments. 2. The Sheriff s Office shall not be responsible for any civil liability relating to any incident that occurred from secondary employment, nor will Sheriff's Office workman's compensation be provided to personnel injured while working any secondary employment. F. Off -Duty employment requirements 1. Employees must submit a written (Request for Secondary Employment) request to the Sheriff through the chain of command when requesting permission to obtain secondary employment or to start their own business. The completed request shall be filed in the employee's personnel file. Page 5 of 6 2. Deputies shall submit a letter to the Sheriff advising of their resignation or termination from their secondary employment within 14 days of the resignation/termination. The letter will be attached to the original request form and filed in the employee's personnel file. 3. If a Sheriff's Office employee is terminated from his/her secondary employment, it shall be the right of the Sheriff s Office to ascertain the reason. If the reason is such as to have brought reproach upon the Sheriff's Office, then disciplinary action may also be taken by the Sheriff's Office. 4. Any action by the secondary employer or Sheriffs Office employee while employed by the secondary employee that conflicts with the Sheriffs Office rules of conduct, the law enforcement code of ethics, or this policy, will result in the revocation of the secondary employment request. The Sheriff may revoke permission to work secondary employment anytime the secondary employment affects the Sheriff s Office employee's job performance, or anytime the Sheriffs Office employee receives disciplinary action. 6. Sheriff's Office employees may not be allowed secondary employment during their probationary period. This may not apply to experienced newly hired deputies. 7. The Sheriff may designate a coordinator for off -duty employment for the Sheriffs Office. They will monitor policy compliance, maintain records, and review the process annually. Page 6 of 6 County Sheriw$ till 1080 Coverstone Drive Winchester, Virginia 22602 Office (540) 662-6168 Fax (540) 504-6400 AGREEMENT FOR OFF DUTY DEPUTY CONTROL SERVICES This Overtime Sheriff Services Agreement ("Agreement") is entered into between the Frederick County sheriff's Office ("Sheriffs Office") and , ("Requestor" — group requesting services). Collectively, these entities are referred to as the Parties. 1. Scope. The requester agrees, in consideration for the Sheriff's Office supplying Sheriff's Deputies (Deputies) for services, to comply with the requirements of this agreement. 2. Information: Name of organization: Address: Contact person: Telephone number: Email Address: 3. ReLluested services: Number of Deputies requested Schedule of requested services (day/time): 4. Refusal of Dates: The Sheriff's Office reserves the right to refuse dates and/or time for services should those dates create staffing or other administrative or public safety concerns. 5. Staffing requirements: The requestor agrees to request an adequate number of Deputies for security control needs. Unless modified by agreement of the parties, there shall be enough Law Enforcement Personnel to handle the event. 6. PaNment Schedule/Billing/Penalties: The requester will be assessed an hourly fee for the traffic control services provided by the Sheriff's Office. That fee shall be $ /hr. per Deputy. The requester will bill for a minimum of one hour for services. Increments of time for billing purposes shall be rounded up to the next full hour. The requester will be invoiced for Sheriff s Office services. Any payment not received by the Sheriff's Office within thirty (30) days of the invoice date is delinquent and may be subject to collection action. 7. Deputies are Sheriff's Office Employees: The Deputies assigned to services under this Agreement remain employees of the Sheriff's Office during the performance of duties. As a result, the Deputies are under the full managerial control of the Sheriff's Office, and not subject to the managerial control by the requester. 8. Emeraenc_, Activation: All Deputies, pursuant to this Agreement are subject to mobilization to another location by the Sheriff or his designee in the event of an emergency or pursuant to bona fide staffing needs of the Sheriff's Office. Should a Deputy be mobilized to another location by the Sheriff's Office, the requester will only be billed for the time the Deputy worked pursuant to this Agreement, rounded up to the nearest hour. The requester is not eligible for any other damages should the Deputies on site be mobilized to another location. 9. Non -Interference with Police Action or Prosecution: Should any incident occurring during an event under this Agreement require police action or prosecution, the requester will not interfere and/or attempt to influence decisions or actions made by the Deputy or Deputies. The requester will cooperate fully with the Sheriffs Office in investigation of any such incident. 10. Effective Date/Expiration: This agreement is effective when executed by both Parties and shall remain in effect for one (1) year, unless terminated earlier as provided herein. 11. Cancellation by Sheriff's Office: The Sheriff's Office may terminate this agreement when it deems that doing so is reasonably necessary or appropriate. The Sheriff's will provide the requester with days' written notice of the termination of the Agreement. 12. Cancellation b\ the Requester: The Requester may cancel or terminate services under this Agreement, provided that the Requester provides the Sheriff's Office with days' written notice of the termination. 13. Non-Assignable/Subcontract: The Requester may not assign or subcontract services under this Agreement. 14. Jurisdiction: This Agreement shall be governed, construed and interpreted by the Laws of the State of Virginia. Any action arising out of or related to this Agreement shall be brought in Frederick County, Virginia. 15. Third Partv Ri4whts: This Agreement is intended to be solely between the Parties. No part of this Agreement shall be construed to add, supplement, or amend existing rights, benefits, or privileges of any third party or parties. 16. No Waiver: The Failure of either Party to enforce any provisions of this Agreement or to require performance of the other Parry of any provision(s) shall not be construed to be a waiver of such provisions, nor shall it affect the validity of this Agreement or any part thereof, or the rights of either Party to enforce any provision. 17. Complete Agreement: This Agreement constitutes the entire agreement of the parties relating to the services provided to the Requester by the Sheriff's Office. This Agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the same. 18. Authorizations/Signature: The person signing this Agreement represents the Requestor and has authorization to execute this agreement on behalf of the Requestor for whom they sign. The signature executing this Agreement may be an original signature, or an original signature that has been replicated by photocopy, electronic means, or facsimile. Frederick County Sheriff's Office Authorized Requester Lenny Millholland Sheriff Date Signature Print Name Date Lenn Millholland From: Chris Carey <CCarey@riskprograms.com> Sent: Monday, August 20, 2018 4:33 PM To: Lenny Millholland Subject: Off -duty Employment Attachments: OFF -DUTY Approval Form.doc; OFF -DUTY Employment-Sheriff.doc Sheriff Millholland: It was nice speaking with you today. VACORP allows each Sheriff to determine the best manner to handle off -duty employment. There are two methods to handle this circumstance: Employer Model —This is where all off duty employment is contracted and billed through the Sheriff's Office and/or County. The deputy is acting as an employee and all coverage and benefits are handled/provided through the County. Contractor Model — This is where the Sheriff provides a directive of approved activities and all of it is handled externally from the Employer. I have provided a sample guideline on the issue. Although we do not dictate to the Sheriff the manner in which this should be handled, we do always recommend the Employer model. We believe this is in the best interest of the Employer and Employee in properly managing work related injuries and possible Line of Duty Act benefits. I believe this is the manner in which Frederick County manages off -duty employment and we would not recommend any changes. If you have any additional questions, please let me know. Thanks. Chris J Carey Administrator VACoRP 1315 Franklin Rd., SW Roanoke, VA 24016 Phone:1888-822-6772 Fax: 540-345-5330 ***Please make a note of my new e-mail address and begin using it for future e-mail correspondence.*** This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to who they are addressed. This communication may contain material protected by the attorney -client privilege. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any dissemination, printing, or copying of this email is strictly prohibited. TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, August 27, 2018 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Gary Lofton Chairman (Voting), Judith McCann - Slaughter (Voting), Gary Oates (Liaison PC/Voting), James Racey (Voting) Barry Schnoor (Voting) and Lewis Boyer (Liaison Stephens City). Committee Members Absent: Mark Davis (Liaison Middletown) Staff Present: Assistant Director -Transportation John Bishop, Traffic Division Commander Lt. Warren Gosnell, and Kathy Smith, Secretary ITEMS FOR INFORMATION ONLY 1-Transportation Forum: The Fall Transportation Forum is tentatively scheduled to be held on Tuesday or Thursday evening the last full week of October. After a brief discussion, the Committee recommended to change the format of the meeting to a more one-on-one interaction with citizens with no panel session. Also, including an opening/welcome greeting from the Board of Supervisors Chair or Transportation Committee Chair, Commonwealth Transportation Board representative and a presentation from Staff on the SmartScale progression with emphasis on current local projects. VDOT and Sheriff's Department representatives will be present for questions, as well. 2-I-81 Corridor Study (See Attached): A brief overview with a presentation was provided of the August 22, 2018 public meeting on the I-81 Corridor study. Staff advised that this is a hot spot study and immediately needs study. It was pointed out that VDOT has compiled the public's feedback in the presentation with a very good representation for Frederick County. The only recommended improvement in our area is the addition of northbound and southbound auxiliary lanes between Exit 313 & Exit 315. Staff has concerns with Exit 317 not being included in the potential solutions. The County has many issues with Exit 317. Staff will be reviewing the current Traffic Records Electronic Data Systems (TREDS) data and will forward the recommended comments to the Board of Supervisors. The Committee recommended that a draft resolution for Exit 317 be prepared to be reviewed by the Committee and then forwarded to the Board of Supervisors for their review. 3-Knob Road Paving: Staff received a request from a property owner to pave Knob Road. The most recent traffic count is 40. The Committee recommends adding Knob Road to the next update of the Secondary Road Improvement Plan. 4-County Projects Updates: Tevis Street Extension/Airport Road/I-81 Bridge: Staff expects the comments to be addressed this week. The right-of-way plats and deeds of dedication are being finalized to transfer the right-of-way. The bid package items are being compiled to be advertised by the end of September or early October. Renaissance Drive: Staff is awaiting VDOT feedback regarding placement of the lanes of the surface portion of Renaissance Drive within the right-of-way. The bridge design is underway. The comments have been received back on the geotechnical report from VDOT and are being addressed. Northern Y: Currently, 30% design underway. Coverstone Drive: No activity currently. Jubal Early Drive Extension and Interchange with Route 37: No activity currently 5-Upcoming Agenda Items: September: Ongoing Transportation Forum and Work Program Planning. TBD: Oakdale Crossing Traffic Calming Study. 6-Other: Mr. Bishop updated the Committee that VDOT traffic engineering had reviewed the truck restriction request for Springdale Road and was recommending approval. The Sheriff's Department has reported that a number of truck hang ups have happened on that facility recently. The Committee noted that signage would need to be prominent on Route 11 because once trucks enter that roadway there is no place to turn around. Mr. Bishop updated the Committee that VDOT traffic engineering reviewed the Hayfield Road corridor for a potential truck restriction and was not recommending a restriction. However, modifications are going to be made at the intersection of Hayfield and Gainesboro Road to better accommodate truck turning movements that have led to some conflicts in that area. 90AWY Yfrginla r7eparrmenr ofAfaror Irehlcres �� v1N'CiL'�rIH A C Y �1V'f' t 71 i ff% �� _! Virginia Department of Rail and PublicTran5portation VE -DAY Muter Vchicle Deafer Board C 0 M M O N W F A t I'H OF VIRGINIA THE roaror T- VIRGINIA. Virnirvia departmeOT o V/RG/N/A I N CE 1-81 Corridor Improvement Plan • Overview of 1-81 Corridor Improvement Plan purpose • Summary of data and public feedback • Overview of draft operations plan • Overview of potential capital solutions • Overview of potential funding options • Next steps • Staying involved — how to provide feedback 1-81 Public Involvement Summary ■ Congestion (1611 40%) ■ Policy (104, 26%) Safety (138, 34%) • Comment forms, email, and phone: 403 • June meeting attendance: 399 • Public meeting map display comments: 680 ment 1-81 Corridor Operations Plan Delay Makes I-81 Unique 6% Workzom 1% Weather 5% Holiday 72% ecurring 51% Incidents 15% Workzone 3% Weather Holiday INTERSTATE L 81 I: 21% :urring Potential Solutions Development Operations and Incident Management Improvements • Focused on corridor segments with the highest incident -related delay • Identified crash hotspots • Developed corridor - wide operations and incident management upgrade plan Delay Per Mile Due to 1+ Hr Lane -Impacting Incidents 2016-2017 0 10,000 VH❑ Draft 1-81 Corridor Operations Plan 1-81 Corridor Operations Plan Key components include • Changeable message signs and cameras • Expanded safety service patrols • Detour routes and improvements to parallel facilities • Contract emergency clearance • Truck parking enhancements Operations Improvements Safety Service Patrols (SSP) • Safety vehicles that cover the interstate with services to stranded motorists • Benefits - Actively seeking events - Often first to arrive - Can move fender benders from travel lane - Call appropriate resources and start on -site traffic control Potential Improvements Development Operations Improvements: Parallel Facilities • Why is upgrading parallel facilities important for 1-81 ? — Keeps you moving when there is an incident — Provides you with an alternative route — Helps you get around the incident — Helps you avoid back-ups • Includes: — Incident management plans — Traffic signal operations and communications — Changeable message signs (CMS) — Geometric improvements — Bridge improvements — Signs and pavement marking Operations Improvements Truck Parking Solutions • Strategic locations for truck parking • Real-time truck parking information • Reduce impacts of trucks parking on shoulders and ramps • Benefits - Provides safe spaces for truck parking - Enhances corridor safety for all users - Assists truckers with complying with hours of service regulations 63 % of truck drivers spend over 15 minutes looking for parking between 4PM and midnight; many stop driving nearly an hour early to secure a safe spot to park Potential Capital Solutions Potential Capital Solutions • Reviewed each problem area identified by performance measures Crash Frequency Crash Severity Person -Hours of Delay IncidentICrash Lane Closure > 1 Hour • Determined contributing factors Contributing Factor (3 Trafific Volume 0 Grade (2 Curve Ramp Spacing Merge/Diverge Area • Developed potential solutions based identified contributing factors Potential Capital Solutions - Note • Some of the top problem areas cannot be addressed with infrastructure solutions • Over 850 fatal and severe injury crashes between 2012-2016 reviewed on the 1-81 corridor Example: MM 240 - Southbound 1. Drunk driver 2. Deer hit 3. Insufficient tire tread 3 Severe Injuries Potential Solutions Development Capital Improvements: Mainline I-81 • Types of Solutions - Widening — Third through lane — Auxiliary lane — Truck climbing lane - Acceleration and deceleration lane extensions - Curve improvements - Interchange improvements — Ramp modifications — Ramp intersection improvements Mainli Lanes Shoulc AUXILIARY LANE MI —9Top of Hill Truck Climbing Lane 1 1 1 TRUCK CLIMBING LANE Potential Solutions Development -81 —Mile Marker 295-305: Funded Projects Potential Solutions Development -81 —Mile Marker 295-305: Potential Solutions EXIT 296 3 Extend deceleration lane EXIT Add auxiliary lane between 296-298 `� Exit 296 and Exit 298 EXIT 298-300 5 Add auxiliary lane between Exit 298 and Exit 300 EXIT 300 6 Widen ramp to eastbound 1-66 to two lanes EXIT 302 2 Extend acceleration and deceleration lanes MM 304 8 Extend deceleration lane at truck scales EXIT 300 - 1 9 Widen to three lanes VIM 296 EXIT 298 10 Extend deceleration Pane EXIT 296 11 Extend acceleration lane J0oo■v■■ UUL 30000000000C INCOCCOCCENC INCECOCCONEC NOMEMENCONCE ■e■■■■■en■n■ ©©©© •/ J J ✓ J ✓ J L 1000 1/ V I/ V V C J Inn, ✓ ✓ 01 ✓ ✓ C Potential Solutions Development -81 —Mile Marker 305-324: Funded Projects EXIT 310 1 Interchange modification project (2017) EXIT 315 2 Extend northbound deceleration lane (2024) EXIT 315 3 Install queue preemption on northbound off -ramp (2016) EXIT 317 4 Extend northbound deceleration lane (2013) EXIT 323 5 Extend northbound deceleration and L i southbound acceleration lane (2021) 611111[6 POTENTIAL SOLUTIONS Project # Potential Solutions SOUTHBOUNQ Ole Targeted Issues Contributing Factors I Goal Met Q�ec� �y0� ti�pJ Peaoe�` ,� 4P�0`J 31 01 ce of the S E C RETARY of TRANSPORTATION Potential Solutions Development Capital Projects in Staunton District • Recently Completed and Funded Projects: $67.9 Million - Includes projects completed in the last five years, projects funded under SMART SCALE rounds 1 and 2, as well as major bridge rehabilitations/ replacements • Potential Capital Solutions: $1.0-1.6 Billion Revenue Options Major Interstate Corridor Funding SMART SCALE vs. Other Resources 1-64 $397 $11179 1-66 0 $21680 1-77 $5 0 1-81 $168 0 1-85 0 0 1-95/1-395 $220 $940 Figures in millions Potential Funding Options • Heavy commercial vehicle tolling options - - $50-$200M/year • Regional 2.1% motor fuels tax - - $60-$70M/year • Regional 0.7% retail sales and use tax - - $90-$100M/year • Regional taxes would impact all localities in PDCs 3, 4, 5,6,7 All funding options require General Assembly legislation Potential Funding Options • Regions impacted by a potential motor fuels or retail sales and use tax for 1-81 Corridor Tolling and Potential Tolling Revenue • What is open road tolling? - Collect tolls without using a toll booth - Heavy commercial trucks • Who approves tolling process? -Virginia Legislature - Federal Highway Administration Toll revenues may only be used to benefit the corridor on which they were collected. High Occupancy Toll (HOT) Lane Tolling Concept • Preliminary evaluations of tolling scenarios eliminate HOT lane tolling concept for the following reasons: — HOT lanes are a powerful tool to manage recurring congestion in urban areas with significant traffic and delays during peak hours — 1-81 corridor is mostly rural and only 20% of the delay on the entire corridor is recurring congestion — HOT lanes are typically converted from pre-existing HOV lanes to use untapped capacity — There are currently no HOV lanes on 1-81 — Cost to create a HOT lane on 1-81 would be in excess of the toll revenue generated by the HOT lane Public Meeting Displays Public Meeting Displays • Background information • Display boards with proposed solutions • Comment sheets with questions to provide your input Next Steps • Analyze potential capital projects to assess benefits relative to costs using SMART SCALE process • Review potential funding and financing options • Develop prioritized list of potential capital projects • Complete truck parking needs assessment • Complete analysis of potential economic impacts of heavy commercial vehicle tolls on Virginia agriculture, manufacturing and logistics sectors Next Steps • October Public Meetings throughout the Corridor • Commonwealth Transportation Board briefing on draft plan at its October meeting • Commonwealth Transportation Board consideration of final plan at its December meeting • Plan to be submitted to the General Assembly no later than the first day of the 2019 Session Providing Feedback ... VA81 Corridor.org Project website: http://www.VA81 Corridor.org Project e-mail address: VA81 CorridorPlan(a-OIPI.Virginia.gov VDOT Project Manager: Ben Mannell 1401 E. Broad Street, Richmond, Virginia 23219 phone: (804)786-2971 �rginla QoFrarunentofMofor llehfelss i iEll Virginia Department of Rail and Pobli[Transportation VE 0-19 Motor Vchicle Deafer Board C OM M O N W E A L T H OF VIRGINIA THE PORT OF �1� VIRGINIAs k'C3 OTea Departme V/RG/N/A IPA CE RESOLUTION Frederick County Board of Supervisors VOLUNTEER FIRE AND RESCUE DEPARTMENTS ELIGIBILITY FOR LODA BENEFITS WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, wishes to comply with the Code of Virginia § 9.1-400 et seq. recognizing local emergency departments; and WHEREAS, the County of Frederick recognizes eleven departments namely • Stephens City Volunteer Fire & Rescue Company, Inc.; • Middletown Volunteer Fire & Rescue Company, Inc.; • Clear Brook Volunteer Fire & Rescue, Inc.; • Gore Volunteer Fire Company; • Round Hill Community Fire & Rescue Company, Inc.; • Gainesboro Fire Company, Inc.; • Star Tannery Volunteer Fire Department; • Greenwood Volunteer Fire & Rescue Company, Inc.; • North Mountain Volunteer Fire Company, Inc.; • Reynolds Store Volunteer Fire & Rescue Company, Inc.; • Millwood Station Volunteer Fire & Rescue Company 21, Inc.; and WHEREAS, the Board of Supervisors, the governing body of the County of Frederick, has for many years recognized the existence of all eleven volunteer organizations, while having never formally adopted a resolution; and WHEREAS, for such fire and rescue departments to be eligible for benefits of the "Line of Duty Act" a resolution must be approved by the governing body; and NOW THEREFORE BE IT RESOLVED that the County of Frederick acknowledges the important contribution made to Frederick County by the members of each fire and rescue department and wishes to make available the benefits of the "Line of Duty Act." Passed this 12th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Shannon G. Trout Robert W. Wells Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator FREDERICK COUNTY RESOLUTION OF APPRECIATION SERENA R. "RENNY" MANUEL WHEREAS, Serena R. "Renny" Manuel served Frederick County, Virginia, for approximately 27 years as an employee at the Winchester Regional Airport, beginning her career as an Office Assistant in 1991 and receiving promotions to Assistant Airport Manager and Interim Airport Director before her appointment as Airport Director in 1999; and WHEREAS, during her tenure, Serena R. "Renny" Manuel progressively took on a variety of additional responsibilities and assignments and was noted for her incredibly unusual work ethic, diligence, and efficiency; and WHEREAS, Serena R. "Renny" Manuel served as Secretary on the Virginia Airport Operators Council and; WHEREAS, Serena R. "Renny" Manuel was widely recognized as one who could be depended upon to help others in a time of need and one whose sense of humor was appreciated by all; and WHEREAS, Serena R. "Renny" Manuel was an effective leader and team member who excelled at managing numerous capital and airport redevelopment projects, including runway rehabilitation design and construction, an airfield lighting upgrade, T-hangar apron rehabilitation, land acquisition, relocation and rehabilitation of Taxiway "A", and oversight of construction of a second corporate hangar facility; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Serena R. "Renny" Manuel for her dedication and dependability and wishes her all the best in her 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 accomplishments of this public servant. ADOPTED this 12' day of September 2018. Charles S. DeHaven, Jr. %Chairman I J. Douglas McCarthy w Gainesboro District Supervisor Robert W. Wells Opequon District Supervisor Gary A. Lofton Back Creek District Supervisor Blaine P. Dunn Red Bud District Supervisor Judith McCann -Slaughter Stonewall District Supervisor Shannon G. Trout Kris C. Tierney Shawnee District Supervisor Clerk COUNTY OF FREDERICK Information Technologies Patrick Fly, GIS Manager pfly@fcva.us Voice 540.722.8225 MEMO To: Board of Supervisors CC: Kris Tierney, County Administrator From: Patrick Fly, GIS Manager Subject: Removal of Ramsuer Ln and Royston Ct Date: August 7th, 2018 In June of 2018 through the process of routine maintenance of our streets and addressing data it came to the attention of the GIS staff that Ramsuer Ln and Royston Ct do not exist. Ramsuer Ln and Royston Ct had been road names given to right of way for a subdivision owned by Del Sewell & Meridith Royston, Jr. In October of 2016 a plat showing the consolidation of the properties and the right of ways was recorded with the Frederick County Clerks office thus, creating a single large track of land without the previous road right of way, now owned by the Civil War Preservation Trust. As there have never been any addresses assigned off either Ramsuer Ln or Royston Ct and, in accordance with Chapter 56-6 of County Ordinance, GIS is recommending the removal of both road names from the County road naming system. 107 North Kent Street, Winchester, Virginia 22601-5039 ,r Ramsuer Ln & l Royston Ct i-low Cn a 0 ,o 0 O \I- _ o. 3346 Middle Rd 3362 Middle Rd as N 0 200 400 800 Removal of AFeet Ramsuer Ln Produced by: Frederick County Dept. of Information Technology, GIS Division Aug 7, 2018 & Royston Ct RESOLUTION Frederick County Board of Supervisors REMOVING RAMSUER LANE AND ROYSTON COURT FROM THE COUNTY ROAD NAMING SYSTEM WHEREAS, through the process of routine maintenance of our streets and addressing data, it has been determined that Ramsuer Lane and Royston Court do not exist; and WHEREAS there have never been any addresses assigned off either Ramsuer Lane or Royston Court, in accordance with Chapter 56-6 of County Ordinance, removal of both road names from the County road naming system is recommended; NOW THEREFORE BE IT RESOLVED that the County of Frederick removes Ramsuer Lane and Royston Court from the County road naming system. Passed this 12th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Shannon G.Trout Robert W. Wells Gary A. Lofton Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator RESOLUTION Frederick County Board of Supervisors CHANGING THE MEMBERSHIP OF THE LOCAL BOARD OF BUILDING CODE APPEALS FROM SIX MEMBERS TO FIVE MEMBERS WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, wishes to reduce the number of members on the Local Board of Building Code Appeals; NOW THEREFORE BE IT RESOLVED that the County of Frederick changes the size of the Frederick County Board of Building Code Appeals from six members to five members appointed at large and chosen for their credentials as stipulated in Section 119 of the Virginia Construction Code. Passed this 12th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Shannon G.Trout Robert W. Wells Gary A. Lofton Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator AMENDED/ADDED AGENDA ITEM UNDER CONSENT AGENDA COUNTY of FREDERICK Kris C. Tierney County Administrator 540/665-6382 Fax:540/667-0370 E-mail: ktierney@fcva.us MEMORANDUM TO: Board of Supervisors FROM: Kris C. Tierney, County Administrator SUBJECT: DECLARING A LOCAL EMERGENCY IN FREDERICK COUNTY, VIRGINIA DATE: September 10, 2018 Due to severe weather that is forecasted for Frederick County as part of the Commonwealth of Virginia associated with Hurricane Florence and directly related to perhaps heavy and prolonged rainfall and winds that could impact Frederick County starting on or around September 14, 2018, and due to the flooding associated with the severe weather and the result of impaired travel and access and after consultation with the Coordinator and Deputy Coordinator(s) of Emergency Management, I have declared a local emergency in Frederick County to remain in effect until September 24, 2018. This action follows an earlier declaration of a, State of Emergency by Governor Ralph Northam. Staff will be seeking Board action at the September 12, 2018, meeting on the attached resolution which ratifies the declaration. If you have any questions, please do not hesitate to contact me. KCT/awp Attachments 107 North Kent Street 0 Winchester, Virginia 22601 RESOLUTION DECLARING A LOCAL EMERGENCY IN FREDERICK COUNTY, VIRGINIA DECLARATION OF A LOCAL EMERGENCY WHEREAS, the Board of Supervisors of the County of Frederick does hereby ,find that: 1. Due to severe weather that is forecasted for Frederick County as part of the Conunonwealth of Virginia associated with Hurricane Florence and directly related to perhaps heavy and prolonged rainfall and winds that could impact Frederick County starting on or around September 14, 2018; 2. Due to the flooding associated with the severe weather and the result of impaired travel and access; 3. Infrastructure and systems failures possible in the county creating hazardous and perhaps life - threatening conditions; 4. Impact to local agriculture from extended rainfall and flooding, NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Board of Supervisors of the county of Frederick, Virginia that an emergency exists throughout the county, and IT IS FURTHER PROCLAIMED AND ORDERED that due to the above stated circumstances, and after consultation with the Coordinator and Deputy Coordinator(s) of Emergency Management, the Director of Emergency Management declared a local emergency pursuant to Section 44.146.21 of the Code of Virginia on September 10, 2018. This local emergency declaration shall remain in effect until September 24, 2018 during which time the powers, functions, and duties of the Director of Emergency Management and the Emergency Services Organizations of the County of Frederick shall be those prescribed by state law and the ordinances, resolutions, and approved plan of the County of Frederick to mitigate the effects of said emergency. ADOPTED this 12"' day of September 2018. Upon motion made by Supervisor , seconded by Supervisor , the above Resolution was approved by the following recorded vote: Charles S. DeHaven, Jr. Blaine P. Dunn Crary A. Lofton Robert W. Wells RESOLUTION NO.: CC: Cheryl B. Shiffler, Finance Director C. William Orndoff, Jr., Treasurer J. Douglas McCarthy Judith McCann -Slaughter Shannon Trout A COPY TESTE: Kris Tierney Clerk, Board of Supervisors County of Frederick, Virginia COUNTY of FREDERICK Kris C. 'Kerney County Administrator 540/665-6382 Fax:540/667-0370 E-mail: ktierney@fcva.us TO: Board of Supervisors FROM: Kris C. Tierney, County Administrato DATE: September 5, 2018 RE: Committee Appointments Listed below are the vacancieslappointments due through October 2018. As a reminder, in order for everyone to have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. VACANCIESIOTHER Local Emergency Planning -Committee L( EPC} (See Attached Correspondence from LEPC Chairman.) Request from Local Emergency Planning Committee for the Board of Supervisors to nominate Anthony Campbell of HP Hood LLC to serve as a member of the LEPC. Extension Leadership Council William Austin — Red Bud District Representative 107 Rebels Circle Winchester, VA 22602 Term Expires: 09/09/19 Four year term (Staff has been advised that Mr. Austin has moved from the area.) (The Extension Leadership Council is comprised of ten members, one member from each magisterial district appointed by the Board of Supervisors and four members -at large recommended by the Virginia Tech Extension Service. Members serve a four year term.) 107 North Kent Street • Winchester, Virginia 22601 Memorandum -- Board of Supervisors September 5, 2018 Page 2 Planninq Commission June M. Wilmot -- Member -At -Large 365 Proclamation Drive, Apt. 2417 Winchester, VA 22603 Term Expires: 11/14/21 Four year term (Staff has been advised that Mrs. Wilmot has resigned from the Planning Commission effective September 1, 2018.) Board of Building Appeals David W. Ganse — Frederick County Representative 231 Soldiers Rest Lane Winchester, VA 22602 Term Expires: 11/10/18 Five year term. (The Board of Building Appeals is comprised of six members. Members serve a five year term. Members should, to the extent possible, represent different occupational or professional fields of the building industry. At least one member should be an experienced builder and one other member should be a licensed professional engineer or architect). JUNE 2018 Winchester Regional Airport Authority Robert Bearer — Frederick County Representative 140 Kinross Drive Winchester, VA 22602 Phone: (540)550--1898 Term Expires: 06/30/18 Four year term (Frederick County has four representatives on the Winchester Regional Airport Authority. Members are eligible for reappointment.) Memorandum -• Board of Supervisors September 5, 2018 Page 3 Winchester -Frederick County Tourism Board Joint Appointment with the City of Winchester Dan Martin — Private Sector Rep. General Manager Hampton Inn & Suites 170 Getty Lane Winchester, VA 22602 Office: (540)722-2722 Term Expires: 06/30/18 (Lodging Industry -Hampton Inn & Suites) Eric Campbell — Non Profit Sector Rep. Historic Park) P. O. Box 700 8695 Valley Pike Middletown, VA 22645 Phone: (540)868-9176 Term Expires: 06/30/18 Three year term (Cedar Creek and Belle Grove National (Mr. Martin and Mr. Campbell are not eligible for reappointment.) (Staff is waiting to hear from Winchester City Council as to their action on the recommendation from Tourism Director and Tourism Board on the appointment of Lani Peterson and Shannon Moeck to fill seats of Dan Martin and Eric Campbell.) (The Tourism Board was formed by Joint Resolution of the Board of Supervisors and the City Council in April 2001. Members serve a three year term and may only serve two consecutive terms. Recommendation for appointment is contingent upon like approval by the City of Winchester.) AUGUST 2018 Conservation Easement Authority Elaine Cain — Frederick County Representative 444 Fair Lane Winchester, VA 22603 Home: (540)722-4882 Term Expires: 08/24/18 Three year term Memorandum — Board of Supervisors September 5, 2018 Page 4 Charles Triplett — Planning Commission Representative 150 Lone Willow Lane Gore, VA 22637 Home: (540)877-1380 Term Expires: 08/24/18 Three year term (Staff has been advised that Ms. Cain and Mr. Triplett are willing to continue serving if it is the desire of the Board.) Robert Solenberger — Frederick County Representative c/o Fruit Hill Orchard P. O. Box 2368 Winchester, VA 22604 Home: (540)662-2938 Term Expires: 08/24/18 Three year term (See Attached Application of Lowell Henderson.) (Mr. Solenberger does not wish to be reappointed.) (The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members shall be knowledgeable in one or more of the following fields: conservation, biology, real estate and/or rural land appraisal, accounting, farming, or forestry. Members serve a three year term and are eligible for reappointment.) SEPTEMBER 2018 Shenandoah Area Agency on Aging (SAAA) Thomas P. Reed — Frederick County Representative 113 Canyon Road Winchester, VA 22602 Home: (540)722-8880 Term Expires: 09/30/18 Four year term (Mr. Reed is not eligible for reappointment.) (Attached for your information is a Board position description and By -Laws which have been provided by the Area Agency on Aging.) (Frederick County has two members on this board. Memorandum — Board of Supervisors September 5, 2018 Page 5 According to agency bylaws, members may only serve two terms. The Board of Supervisors will need to nominate an individual for appointment/reappointment, with final appointment being made by the Area Agency on Aging Board.) Northern Shenandoah Valley Regional Commission (NSVRC) Kris C. Tierney, County Administrator — Frederick County Representative Eric R. Lawrence, Director, Frederick Water — Frederick County Representative (The Board may recall that Eric Lawrence served on the Commission in his capacity at the time of Planning Director and was asked to remain on the Commission when he was appointed as Director of Frederick Water.) Jay E. Tibbs, Deputy County Administrator — Serves as Fred. County Alternate Terms. Expire: 09/30/18 Three year term (Elected Officials serve their elected term of office while others serve a three year term. Current County representatives on the Commission are Supervisors Blaine Dunn and Shannon Trout, County Administrator Kris Tierney, and Frederick Water Director Eric Lawrence. Deputy County Administrator Jay Tibbs serves as the alternate.) OCTOBER 2018 No appointments due for October 2018, KCT/tjp Attachments U:1TJPtcommitteeappointmentslMmosLettrslBoardComm itteeAppts(091218BdMtg).docx i]) Winchester/Frederick County LOCAL EMERGENCY PLANNING COMMITTEE CITIZEN CORPS COUNCIL q 231 East Piccadilly Street, Suite 330 Winchester, Virginia 22601 leRc@winchesterva.gov winfredcerMwinchesterva.goy FAX (540) 542-1314 f540) 545-4721 TDD (5401 662-4131 August 28, 2018 Mr. Kris Tierney Frederick County Administrator 107 N. Kent Street Winchester, Virginia 22601 Dear Mr. Tierney The Local Emergency Planning Committee (LEPC} received a request from Anthony Campbell to be the representative for HP Hood LLC. At it's bi-monthly meeting held on May 9, 2018, the LEPC voted to accept Mr. Campbell's request. The LEPC is hereby requesting the Frederick County Board of Supervisors nominate Anthony Campbell for membership on the LEPC. After approval, if you will notify me at the above address, I will have Chester Lauck proceed with the paperwork and request appointment by the Virginia Emergency Response Council. If you need any fiuther information, please feel free to contact Chester at 540-665-5618. Sincerely, Tim Ray, Chairman Winchester -Frederick County Local Emergency Planning Committee Enclosures pc: File HP Hood LLC 160 Hood Way, Winchester, Virginia 22602 Telephone: (540) 868-7747 Fax: (540) 868-7808 March 8, 2018 Winchester/Frederick County Local Emergency Planning Committee 231 East Piccadilly Street Winchester, Virginia 22601 Dear Chairman Ray: I am writing you today to submit a request that 1 may serve as an official member on the Winchester/Frederick County LEPC representing HP Hood LLC. I would like to thank you in advance for your consideration of membership. Sincerely, Anthony D. Campbell Teresa Price From: webmastr@fcva.us Sent: Wednesday, August 08, 2018 4:02 PM To: Teresa Price; Jay Tibbs; Ann Phillips Subject: BOS Committee Appointments Data Sheet Submission A new entry to a form/survey has been submitted. Form Name: BOS Committee Appointments Date & Time: 08/08/2018 4:01 PM Response M 12 Submitter ID: 40368 IP address: 172.24.96.112 Time to complete: 25 min. , 36 sec. Survey Details Page 1 Frederick County Board of Supervisors Committee Appointments Informational Data Sheet Contact Information Name: Lowell Henderson Home Phone #: Home Address: Landfall Farm Office Phone #: Home Address City, State: 350 Chestnut Grove Rd Cell Phone #: Home Address ZIP: 22603 Email Address: Employment/Community Information Current Employer: PHR, Inc_ Current Occupation: Please list any relevant civic/community activities you participate in: Please see attached CV (Resume) Board/Committee Information Not answered Not answered CEO 1 Board or Committee Applying for: (o) Frederick County Conservation Easement Authority Will you be able to attend this committee's regularly scheduled meeting? (o) Yes Additional information or comments you would like to provide: Please see CV (Resume) Pursuant to the Commonwealth of Virginia Conflict of Interest Act governing elected and appointed public officials, does the nature and status of your employment, business interests or ownership of property present a potential conflict of interest relative to the appointed position in which you are interested? (o) Yes if required by applicable provision of the Conflict of Interest Act, would you be willing to file with the Deputy Clerk of the Frederick County Board of Supervisors a Public Official Disclosure Form listing all assets, business and property interest? (o) Yes In lieu of a physical signature, you must type your name and today's date and select the box below before submitting this form. Signature Name: Lowell Henderson Today's Date: 08/08/2018 [xj Check here for Signature: You may upload any supporting documentation (Resume, Cover letter, etc.) by clicking on this box and uploading your files. for Lowell Henderson uodtd 8.2018.docx Thank you, Frederick County This is an automated message generated by the Vision Content Management SysteMM. Please do not reply directly to this email. 0 Lowell J. Henderson Landfall Farm, 350 Chestnut Grove Road, Winchester VA 226031 Professional Summary Successful entrepreneur and business owner with a passion for giving back to the community and protecting our natural resources. Skills • Leadership: Fine tuned a style that leads by example, defines a common goal and motivates all to work together to reach desired results. • Supervisory: Empower employees and fellow volunteers to obtain success in a supportive environment that encourages autonomy. • Fund Raising: Over the past 20 years have been actively involved in fundraising for numerous charities. • Communication: The cornerstone of any successful organization I provide a framework for effective communication between team members. • Vison: By focusing on a well-defined goal or mission able to keep team on task to achieve success Experience CEO, Premier Health Resources, Inc. March 2006-Present As founder and CEO handpicked a team of medical professionals and formulated a unique model which has enabled us to provide critical services to our clients with on -site employee health and wellness clinics. While providing outcomes that range between 20 to 65% above national averages while providing an ROI of 22-37%. • Co-owner/Manager, Landfall Farm, April 2007-Present Oversee all facets of farm operations which produce hay crops, timber products, boarding and custom work. Utilized best practices for both farm and timber operations. • Managing Partner, Landfall Rentals LLC, May 2007-Present Provided management oversight for multiple rental properties. This included major renovations. In 2017 expanded and added Landfall Lodge wedding venue and event center. Education MBA COURSE WORK, 1980, VIRGINIA TECH BACHELOR OF SCIENCE, JUNE 1980, VIRGINIA TECH Major: Management Minor: Agriculture ASSOCIATE SCIENCE DEGREE, JUNE 1977, LORD FAIRFAX COMMUNITY COLLEGE Major: Business Management AWARDS: Graduated Cum Laude • Who's Who in American Junior Colleges Volunteer Activity -Current Co -Founder, President, Vice -President: Hunter Crane Foundation: 3/2012- Present: In memory of Hunter Crane, a Senior at James Wood H.S. we created a foundation that provides opportunities for young adults to experience the joys of the great outdoors. The first year we had a 5 station sporting clays competition, novice shooting stands, trout fly fishing, and bass fishing tournament. In subsequent years we have included archery, canoeing, trap shooting and in 2018 added hunter safety and live fire event (Joint with Va. Dept. of Game and Inland Fisheries) and a youth dove hunt planned for this September. On April 28, 2018 we had over 100 participants in the fishing rodeo with ages ranging from 3 to 25. In addition to providing opportunities for our youth to enjoy outdoor activities and develop a respect and appreciation for nature, we have raised and given out over $50,000 in scholarships to over 70 local students. Bailey's Closet: 10/2015-present: Supported this non-profit organization that collects and repurposes prom dresses for high school girls unable to afford to purchase one. We hosted the fashion show with 50 Nigh school girls modeling the collected dresses. In addition, raised money for scholarships for high school seniors in memory of Bailey Huffman. Virginia Tech Alumni Association: Vice -President, Secretary, 1992-2018. Shenandoah Chapter. Raises money for scholarships and community service projects. Host the largest blood drive in the region annually. Volunteer Activity -Past Concerned Parents of Frederick County: Founder & President, 2008-2014: Created an alliance with Shenandoah University, nursing, PA, OT and NP schools to provide comprehensive sports physicals free of charge to JWHS students. Second year expanded to include all three county High Schools. Northern Shenandoah Valley Safety Network: President, Vice -President, Treasurer 2005-2015. Group of health and safety professionals from local business and industry promoting health and safety in the workforce. Shenandoah Transportation Association: President, Vice -President, Secretary, Treasurer 1985-2005. An association of transportation professionals from trucking, business and industry promoting education and safety in transportation. James Wood Athletic Association and Touchdown Club: Vice -President, Treasurer 2008-2014. Goodwill Industries Advisory Board: 2002-2005 Iced Cross Blood Drive Volunteer: 1976-1979, 2007-Present Relevant Experience My first exposure to Conservation Easements began in 1997. My Father began research on easements and on December 29th, 1998 our family farm of just under 500 acres, which is located in Shenandoah County was placed with Virginia Outdoors Foundation. I assisted him with goals and objectives. In 2012, my wife and I started the process of putting our farm herein Frederick County in an easement. Over the course of 18-20 months I spent approximately 400 hours researching and preparing all documentations to secure an easement with Potomac Conservancy. During the process I educated myself on all aspects of easements, to include impact on farm and timber operations, preservation of water quality and stream integrity. In addition, had several meetings with YHB on the full tax ramifications as well as the legal angle. I attended three seminars on easement during that time as well. Lastly, growing up and throughout my adult life I have always practiced best management practices which included but not limited to, soil conservation, no till, mitigation of creels and river degradation, proper hazardous material disposal, reforestation, and recycling. Page 2 Shenandoah Area Agency on Aging (SAAA) Board Position Description General Statement of duties: Determine the policies, procedures and regulations for the Shenandoah Area Agency on Aging provide fiscal oversight; assist in raising funds to finance the organization; provide leadership for long-term and strategic planning; monitor organizational performance, Term: 4-years Accountability: To the Board President and the Board of Directors Resignation: In writing to the Board Chair 1. General a. Have an affinity towards the agency on aging's mission. b. Know SAAA's values, vision, programs and services. c. Know and follow organization bylaws and other policies. d. Serve the organization as a whole rather than a specific interest. c. Maintain independence and objectivity in all organization issue f. Attend and support as many organization events as possible. 2. Governance a. Prepare for Board meetings by previewing information provided. b. Be aware that after two consecutive unexcused meetings, the Board may terminate a member. c. Ask substantive questions at Board and committee meetings. d. Be open to other points of views in Board deliberations. e. Support all Board decisions regardless of personal stance on decisions f. Maintain confidentiality in all matters discussed at meetings. g. Assume leadership positions when asked. 3. )Financial a. Annually, make financial contributions at a level according to personal means. b, Actively engage in fund raising efforts, by securing sponsors and personally supporting events. c. Monitor short- and long-term financial stability. 4. Fiduciary a. Always serve the public benefit. b. Accountable to the public at large. 5. Public Relations a. Advocate for organization when appropriate. b. Avoid any appearance of a conflict of interest & disclose any possible conflict to the Board. c, Avoid accepting any gifts or favors or making any gifts or favors related to your Board position. 6. Relationship with Executive Director and Staff a. Support the Executive Director in the performance of job duties. b, Consult with Executive before asking for favors or information from staff. c. Keep Executive informed of all activities done on behalf of organization. Individual Board Member Goals; BYLAWS Shenandoah Area Agency on Aging Article I — Name The agency shall be known as Shenandoah Area Agency on Aging, Incorporated (SAAA). The agency shall be the official Area Agency on Aging of the Northern Shenandoah Valley Regional Commission, Planning Services Area 7 (PSA 7). Article II — Authority SAAA is chartered as an Area Agency on Aging under the alder Americans Act, Public Law 89-73. The Virginia Department for the Aging (VDA), pursuant to Virginia Code 2.2-700 and the Virginia Administrative Code, contracts with SAAA to provide services to older residents of PSA 7. Article III - Articles of Incorporation SAAA was incorporated as a Virginia Non -Stock Corporation (as limited by Section 501 (c) (3) of the Internal Revenue Code of 1954). Article IV — Definitions 1. References to "region" shall mean the Northern Shenandoah Valley Regional Commission, Planning Services Area 7 (NSVRC). 2. References to "SAAA" or "Board" shall mean the Shenandoah Area Agency on Aging or the Board of Directors thereof. 3. References to "DABS" shall mean the Virginia Department for Aging and Rehabilitative Services. Article V — Objectives The objectives of SAAA shall be as follows: 1. to provide a variety of high quality services and opportunities that enhance the dignity and independence of older persons and promote their continued contributions to the community; Page 1 of 8 2. to enable eligible persons to live at home while maintaining a high quality of life; 3, to provide a coordinated system of services to meet the needs of the older population of the region; 4. to identify unmet needs of older persons in the region; 5. to educate the community on availability of services and provide information on accessing services; 6. to partner and coordinate with other community human service providers to enhance and expand aging service capacities; 7. to provide life enrichment opportunities for older persons; 8. to advocate on behalf of older persons; 9. to conduct periodic evaluations of all aging planning activities within the region; or as requested by local governments; 10. to actively pursue and administer grants to expand the service capacity of SAAA; and 11, to contribute to and partner with DARS in planning for aging services within the Commonwealth of Virginia. Article VI - Service Area SAAA shall serve the region, which includes the counties of Clarke, Frederick, Page, Shenandoah, and Warren as well as the City of Winchester. Article VII - Board of Directors A. Powers and authority: SAAA shall be governed by its Board. The Board shall have the responsibility and authority to: 1. employ the Executive Director of the SAAA, who shall serve at the pleasure of the Board; 2. provide policy direction to the Executive Director; 3. annually review and approve a fiscal year budget, which shall serve as the basis for the area plan submitted by the Executive Director to DARS; Page 2 of 8 4. implement policies and instructions in a manner consistent with the SAAA bylaws as well as relevant federal and state regulations; 5. elect officers of the Board in the manner provided by the SAAA bylaws; 6. review and take appropriate actions on reports and recommendations provided by the Executive Director on all policies of the SAAA; 7. appoint such committees as it may deem expedient for carrying out the objectives of the Board and to terminate the authority of any committee at any time; 8. in consultation with the Executive Director, solicit funds to support the programs of the SAAA; 9. perform such other functions as are necessary to further the objectives of the SAAA in a manner consistent with the SAAA bylaws. B. Membership: The membership shall be as broadly representative as is possible. The Board shall consist of thriteen (13) voting members. The Executive Director is an ex-officio, non -voting member of the Board. Board members shall be appointed in accordance with the following provisions: 1. each jurisdiction named in Article VI may nominate one member; 2. the Board shall appoint the local government nominees, but the Board shall have the right not to accept any nominee it considers to be incompatible with the best interests of the SAAA and the Board; and 3. the Board may appoint up to six (6) At -Large members. 4. The Advisory Counsel will have one representative serve as a member of the Board. C. Voting and Quorums: Each Board member shall be entitled to one vote. With the exception of special motions requiring a two-thirds vote of the quorum present, all actions taken by the Board shall require a simple majority of those members present and voting. A vote to hire or fire the Executive Director shall be a special motion. Quorums shall consist of 50% of the Board members plus one. D. Terms of office: Page 3 of 8 1. the term of office for Board members shall be four years, and persons serving on the Board, except as provided herein, are eligible to serve for an additional four; 2. Board members shall assume office at the start of the fiscal year, except those appointed under paragraph D. 5 below. 3. except as provided herein, board members may serve two consecutive four-year terms; 4. if a Board member is filling an unexpired term of one year or less, he or she is eligible to serve two consecutive terms if reappointed; 5. within sixty (60) days to the degree possible, vacancies on the Board shall be filled for the unexpired term in the same manner as the original appointments; Should the Executive Committee by a majority vote deem that the attendance pattern of a Board member at properly schedule Board or Committee meetings to be unacceptable, or should the performance of a Board member be deemed unacceptable for any other reason by a majority vote, then the Chair shall solicit the resignation of such a Board member. In the event that no resignation is forthcoming, then the Executive Committee shall recommend the termination of such a Board member to the Board. If the recommendation is approved by a majority vote of the Board members, then the appropriate jurisdiction shall be notified of the termination of the Board member and the nomination of a new Board member shall be solicited. E. Board Meetings: 1, all Board meetings shall be open to the public except Executive sessions; 2. the Board shall meet in regular session at least six (6) times during each fiscal year at such specific times and places as the Chair may determine; 3. special meetings of the Board may be called at the discretion of the Chair, the Executive Committee, or upon the written request of at least three (3) Board members. 4. written notice of the time and place of every regular and special meeting of the Board shall be sent to all members at least seven days before the meeting; and 5. Board members are not personally liable for the debts, liabilities, or other obligations of the SAAA. Page 4 of 8 Article VIII — Officers A. SAAA officers shall consist of a Chair, Vice Chair, Secretary, and Treasurer. B. The officers shall be elected by the Board from its own membership based on nominees selected by a Nominating Committee or made by the by a majority of the Board during a regularly scheduled meeting. C. The Board shall elect its officers by no later than September of each year and new officers shall assume office on October 1 st of year. D. Election shall be by secret ballot if there is more than one nominee for the same office. E. The term of each office shall be for a period of one (1) year or until a successor has been properly elected. F. The officers shall perform the usual duties assigned to such positions of leadership or as determined by the Board. These duties include but shall not be limited to: 1. the Vice Chair shall perform all duties of the Chair in the absence of the Chair; 2. the Secretary shall keep or cause to be kept accurate minutes of all meetings, present minutes at regular meetings and special meetings, and handle correspondence of the Board as needed; 3. the Treasurer shall ensure that financial records are maintained in an appropriate manner; 4. the Executive Director shall be responsible for briefing the Treasurer on all major financial transactions; and 5. the Treasurer shall serve as Chair of the Finance Committee, G. Any vacancy occurring among the officers shall be filled for the unexpired portion of the term by the Board at any regular or special Board meeting. Article IX --- Committees General: Committee appointments should be representative of the entire service area. All standing Committees shall meet at least once per year. Except where noted below, each committee shall consist of a Chair appointed by the Board Chair and a minimum of three additional Board members. The Board Chair sits as an ex-officio non -voting member on all Board Committees. Page 5 of 8 A. Executive Committee: 1. The Executive Committee shall consist of the officers of the Board, the Executive Director as a non -voting Ex-officio member, and two (2) Board members appointed by the Board Chair, 2. It shall be the function of the Executive Committee to make policy recommendations to the Board and to assist in the execution of policies established by the Board. 3. All policy changes recommended by the Executive Committee shall be reviewed by the Executive Committee prior to presentation to the Board. B. Personnel Committee: 1. The Personnel Committee shall consist of a Chair appointed by the Board Chair, a minimum of two (2) additional Board members, and both the Board Chair and the Executive Director who shall serve as non -voting Ex- officio members. 2. It shall be the function of the Personnel Committee to assist the Executive Director in updating and or revising the employee manual for Board approval, establishing a salary structure, and reviewing the benefits package. C. Finance Committee: The Finance Committee shall consist of the Treasurer, the Board Chair and Executive Director in their capacity as non -voting Ex-officio members, plus two (2) additional Board members appointed by the Board Chair. 2. The Finance Committee shall be responsible for monitoring and reporting to the Board regarding the overall finance and accounting operations of the agency as well as on all matters relating to compliance with all applicable federal and state laws and regulations, ensuring the preparation of informative financial documents for periodic review by the Board, preparing at least annually a report of findings and recommendations for the Board, and receiving and reviewing the report of the auditor. The Committee may receive directly concerns of Board members regarding the financial positions and status of the organization. D. Nominating Committee: Page 6 of 8 1. The Nominating Committee shall be appointed by the Chair and shall consist of at least two (two) Board members. 2. It shall be the function of the Nominating Committee to select nominees from the membership of the Board for potential election to fill Board officer positions. E. Other Committees; The Board may appoint or authorize the appointment of such regular committees and or Ad Hoc committees as may be deemed necessary or appropriate to carry out the objectives of the Board. Article X - Executive Director's Authority and Responsibility A. The Executive Director is the chief executive of the SAAA. The Executive Director derives his or her authority from the Board and is responsible to the Board for his or her performance. The SAAA Board sets policy and the Executive Director implements it. B. The Executive Director is an employee of the Board. The Executive Director may not be in total agreement with the Board. He or she is responsible, however, for discussing significant differences with the Board. C. The Executive Director is responsible for the administrative leadership of the SAAA. Within the SAAA, the Executive Director should organize the staff to ensure the successful completion of the SAAA mission and has the responsibility for hiring and firing staff. D. The Executive Director reports directly to the Board Chair. The Executive Director shall strive to fulfill all information requests from Board members. No Board member, acting as an individual, shall direct the Executive Director or any SAAA staff member. Neither shall any Board Committee direct the Executive Director or any SAAA staff member unless that Committee has been specifically empowered by the full Board to issue such directives. Article XI - Fiscal Year and Budget A. The fiscal year of the SAAA shall be from October 1 through September 30. B. The budget shall be approved by the Board each year at the June Board meeting or as soon thereafter as is practical. Article XII - Rules of Order Page 7 of 8 All meetings of the Board and committees appointed by the Board shall be conducted in accordance with these bylaws and in accordance with the then current edition of Robert's Rules of Order. Article XIII — Amendments These bylaws may be amended or repealed at any meeting of the Board by an affirmative vote of 2/3 of those members present provided that a quorum is present and notice of all proposed amendments shall have been mailed to the members of the Board at least fifteen (15) days prior to the meeting. Appendix Effective dates of bylaws Completely reviewed and adopted by the Board on August 28, 2015. Page 8 of 8 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Frederick County Board of Supervisors CC: Kris Tierney, County Administrator FROM: Roderick B. Williams, County Attorney DATE: Friday, August 17, 2018 RE: Commissioner of Revenue Refund Requests Attached, for the Board's review, are requests to authorize the Treasurer to credit the following entities: I . Acar Leasing LTD — $3,025.97 2. Toyota Lease Trust — $4,087.41 Roderick B. Wi liams County Attorney Attachments 107 North Kent Street - Winchester, Virginia 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: Kris Tierney, County Administrator FROM: Roderick B. Williams, County Attorney DATE: August 17, 2018 RE: Refund — Acar Leasing LTD I am in receipt of the Commissioner's request, dated July 27, 2018, to authorize the Treasurer to refund Acar Leasing LTD the amount of $3,025.97, for exoneration of personal property taxes for 2017 and 2018 and vehicle license fees for 2017 and 2018. This refund resulted from normal proration of vehicle taxes where vehicles were either sold or moved from this locality, This is in addition to items in the request for. refund in June 2018. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 58.1-3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated in the Commissioner's memor um. Roderick B. Williams County Attorney Attachment 107 North Kent Street • Winchester, Virginia 22601 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 Phone 540-665-5681 Fax 540-667-6487 email: emurphy@co.frederick.va.us JULY 27, 2018 TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Kris Tierney, County Administrator FROM: Ellen E. Murphy, Commissioner of the Revenue RE: Exoneration — ACAR LEASING LTD JL , Please approve a refund of $3,025.97 for exoneration of personal property taxes for 2017 & 2018 in the name of Acar Leasing LTD. This refund is proration of vehicular personal property taxes for the periods shown plus one registration fee. Vehicles were either sold or moved out during this period and all are the result of normal proration. This is in addition to items in the request for refund in June 2018. To comply with requirements for the Treasurer to apply this refund board action is required. The Commissioner's staff has verified all required data and the paperwork is in the care of the Commissioner of the Revenue. Please also approve a supplemental appropriation for the Finance Director on this request. Exoneration is 3,025.97. Date: 7/27/18 Cash Register: COUNTY OF FREDERICK Time: 10:29:45 Cashier: Total Transactions: 812 Customer Name: ACAR LEASING LTD Customer Transactions: 12 ------------------------------------ Options: 2=Edit •4=Delete 5=View Opt Dept Trans Ticket No. Tax Amount Penalt /Int Amount Paid _ PP20l7-T 006588600 5 - .4 - PP2018 2 00001290014 $405.20- $.00 $405.20- PP2018 3 00001290020 $448.33- $.00 $448.33- PP2018 4 00001290119 $58.42- $.00 $58.42- PP2018 5 00001290120 $350.53- $.00 $350.53- PP2018 6 00001290181 $238.75- $.00 $238.75- PP2018 7 00001290182 $238.75- $.00 $238.75- PP2018 8 00001290227 $490.26- $.00 $490.26- PP2018 9 00001290228 $490.25- $.00 $490.25- VL2017 10 00918120001 $25.00- $.00 $25.00- VL2018 11 01038120001 $25.00- $.00 $25.00- VL2018 12 01038350001 $25.00- $.00 $25.00- Total Paid : $3,025.97 F3=Exit F14=Show Map# F1s=Show Balance F18=Sort-Entered F21=CmdLine F20=Attach �k *Pds fiord Pimovon COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: Kris Tierney, County Administrator FROM: Roderick B. Williams, County Attorney DATE: August 17, 2018 RE: Refund — Toyota Lease Trust I am in receipt of the Commissioner's request, dated August 14, 2018, to authorize the Treasurer to refund Toyota Lease Trust theamount of $4,087.41, for personal property taxes in 2015, 2016, 2017 and 2018 and vehicle license fees in 2017 and 2018. This refund resulted from normal proration of vehicle taxes where vehicles financed by this company were either sold or moved from this locality. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 58.1-3981 (A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated in the Commissioner's memorandum. Roderick B. Williams County Attorney Attachment 107 North Kent Street - Winchester, Virginia 22601 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 Phone 540-665-5681 Fox 540-667-6487 email: emurphy@cofrederick.va.us AUGUST 14, 2018 TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Kris Tierney, County Administrator FROM: Ellen E. Murphy, Commissioner of the Revenue 8 1pif t RE: Exoneration — TOYOTA LEASE TRUST Please approve a refund of $4,087.41 for exoneration of personal property taxes for 2015 - 2018 in the name of Toyota Lease Trust. This refund is proration of vehicular personal property taxes for the periods shown plus registration fees. Vehicles were either sold or moved out during this period and all are the result of normal proration. This is in addition to items in previous requests for Toyota refunds. To comply with requirements for the Treasurer to apply this refund board action is required. The Commissioner's staff has verified all required data and the paperwork is in the care of the Commissioner of the Revenue. Please also approve a supplemental appropriation for the Finance Director on this request. Exoneration is $4,087.41. Date: 8/09/18 Cash Register: COUNTY OF FREDERICK Time: 09:55:30 Cas ier: Customer Name: TOYOTA LEASE TRUST Tota Transactions: 39 Customer Transactions: 28 Options: 2=Edit 4=Delete 5=View Opt DeptTrans PP2�5 1 Ticket No. Tax Amount Penalt /Int Amount Paid 5672 22 _ _ PP2015 2 00567220026 1 4- $64.82- .00 $.00 .84- _ PP2015 3 PP2016 4 00567220132 00580540007 $162.05- $.00 $64.82- $162.05- _ _ PP2016 5 00580540008 $303.15- $303.14- $.00 $.00 $303.15- _ PP2016 6 00580540009 $186.99- $.00 $303.14- _ PP2016 7 00580540010 $186.99- $.00 $186.99- _ PP2016 8 00580540073 $186.99- $.00 $186.99- _ PP2016 9 00580540074 $186.99- $.00 $186.99- _ PP2017 10 00595480005 $243.01- $.00 $186.99- _ PP2017 11 PP2017 12 00595480006 00595480007 $243.01- $.00 $243.01- $243.01- _ $163.09- $.00 $163.09- Multiple Pages Total Paid : $4,087.41 F3=Exit F14=Show Map# F15=Show Balance F18=S03rt-Entered F21=CmdLine F20=Attach Date: 8/09/18 Cash Register: COUNTY OF FREDERICK Time: 09:55:30 Cashier: es TotTransactions: Customer Name: TOYOTA LEASE TRUST Customer Transactions: 28 Options: 2=Edit 4=Delete 5=View Opt Dent Trans Ticket No. Tax Amount Penalty/Int Amount Paid _ P�dT7 13 0059541 8- 63. - - PP2017 14 00595480029 $163.09- $.00 $163.09- _ PP2017 15 00595480030 $163.08- $.00 $163.08- _ PP2018 16 00615680005 $207.40- $.00 $207.40- - PP2018 17 00615680006 $207.40- $.00 $207.40- _ PP2018 18 00615680007 $137.78- $.00 $137.78- _ PP2018 19 00615680008 $137.78- $.00 $137.78- _ PP2018 20 00615680017 $137.78- $.00 $137.78-- PP2018 21 00615680018 $137.78- $.00 $137.78- - PP2018 22 00615680054 $135.17- $.00 $ _ VL2017 23 00830520001 $25.00- $.00 $25.17- $25.00- _ VL2017 24 00830530001 $25.00- $.00 $25.00- Multiple Pages Total Paid : $4,087.41 F3=Exit F14=Show Map# F15=Show Balance F18=Sort-Entered F21=CmdL:Lne F20 Attach Date: 8/09/18 Cash Register: COUNTY OF FREDERICK Time: 09:55:30 Cashier: Customer Name: TOYOTA LEASE TRUST Total Transactions: 38 Customer Transactions: 28 Options: 2=Edit 4=Delete 5=View Opt �DDe�p�tt Trans VL2017- Ticket No. Tax Amount Penalt /Int Amount Paid 0 83 40 - _ VL2018 26 1 01896350001 5. - $25.00- 5.0 - $:00 $25.00- _ VL2018 27 VL2018 28 01896360001 01896410001 $25.00- $25.00- $.00 $25.00- _ $.00 $25.00- -� P Multiple Pages Total Paid $4,087.41 :IF3=Exit F14=Show Map# F15=Show Balance F18=S0rt-Entered F21=Cm M:Lne F20 Attach Frederick County Public Schools ... to ensure all students an excellent education Patty D. Camery, Executive Director of Finance DATE: August 22, 2018 TO: Jay Tibbs, Deputy County Administrator FROM: Patty D. Camery, Executive Director of Finance SUBJECT: 2018 Fall VPSA Bond Sale cameryp@fcpskl2.net The School Board requests, by way of the attached resolution, participation in the Virginia Public Authority (VPSA) bond sale program for the replacement Robert E. Aylor Middle School. The resolution for $45.5 million will cover participation in the fall 2018 sale in the amount of $4,000,000 as well as participation in future bond sales. To begin the governing body approval process, a public hearing is required and is requested to be set for September 12, 2018 after which an approving resolution can be considered by the Board of Supervisors. The advertisement for the public hearing should be included in The Winchester Star on August 29t" and September 5t" in order to meeting the requirements. The approving resolution is being prepared by bond counsel and will be provided in advance of the September 12th agenda packet deadline. Please do not hesitate to contact me should you have any questions. Thank you. Attachment (1) cc: David T. Sovine, Ed. D., Superintendent Kris C. Tierney, County Administrator Cheryl Shiffler, Frederick County Finance Director Bond Counsel RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of Frederick County, Virginia (the "School Board") hereby (i) requests, pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Frederick County Board of Supervisors (the "Board of Supervisors") cause Frederick County, Virginia (the "County") to issue one or more series of its general obligation school bonds (the "Bonds") in an aggregate principal amount not in excess of $45,500,000, but with the objective of providing up to $45,500,000 in net proceeds, to finance the acquisition of land, design and construction of a new Robert E. Aylor Middle School, which constitutes a capital project for public school purposes and (ii) consents, pursuant to Section 15.2-2638.B(iii) of the Code and Article VI1, Section 10(b) of the Constitution of Virginia, to the issuance of the Bonds. 2. Further, the School Board consents to and authorizes an application to the Virginia Public School Authority (the "VPSA") for the purchase of the Bonds by the VPSA as part of its 2018 Fall Pooled Bond Sale or as part of one or more future VPSA bond sales. The Chairman of the School Board, the Superintendent of the schools of Frederick County School Division (the "Schools"), and such other officer or officers of the School Board or the Schools as either may designate (the "Authorized Officers") are hereby authorized to decrease the amount of proceeds requested to the extent the County and such Authorized Officers deers it necessary to issue the Bonds in an amount less than provided in paragraph 1 above. The Authorized Officers are hereby authorized and directed to execute and deliver on behalf of the School Board a Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Agreement"} setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary for the bonds issued by VPSA in the Fall of 2018 (the "VPSA Bonds") to show compliance with the provisions of the Internal Revenue Code of 1985, as amended (the "Tax Code"), and the applicable regulations. The School Board covenants on behalf of itself and the Schools under its governance that the School Board and the Schools shall comply with the provisions of the Tax Compliance Agreement and the Tax Code so that the interest on the VPSA Bonds is excludable from gross income under the Tax Code. This resolution shall take effect immediately, 105679876_2 ADOPTED BY THE FREDERICK COUNTY SCHOOL BOARD THIS 21ST DAY OF AUGUST, 2018 Member Vote Member Vote John J. Lamanna Frank E. Wright Michael A. Lake j%'S Jay W. Foreman Seth T. Thatcher Shontya Washington Kali C. Klubertanz Ch�drr�dh, Frederick County School Board v Clefk;"i rederick County School Board Resolution No. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $45,500,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF FREDERICK, VIRGINIA, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, the Board of Supervisors (the "Board") of the County of Frederick, Virginia (the "County"), has determined that it is necessary and expedient to borrow an amount not to exceed $45,500,000 and to issue one or more general obligation school bonds (as more specifically defined below, each a "Local School Bond") for the purpose of financing the acquisition of land, design and construction of a new Robert E. Aylor Middle School, which constitutes a capital project for public school purposes (collectively, the "Project"); WHEREAS, the County held a public hearing, duly noticed, on September 12, 2018, on the issuance of the Local School Bonds in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); WHEREAS, the School Board of the County has, by resolution, requested the Board to authorize the issuance of the Local School Bonds and consented to the issuance of the Local School Bonds; WHEREAS, Virginia Public School Authority ("VPSA") has offered to purchase a Local School Bond along with the local school bonds of certain other localities with a portion of the proceeds of certain bonds to be issued by VPSA in the fall of 2018 or a future bond sale (the "VPSA Bonds"); WHEREAS, the Bond Sale Agreements (as defined below) shall indicate that $45,500,000 is the amount of proceeds requested (the "Proceeds Requested") from VPSA (in the aggregate) in connection with the sale of the Local School Bonds; WHEREAS, VPSA's objective is to pay the County a purchase price for the Local School Bond which, in VPSA's judgment, reflects each Local School Bond's market value (the "VPSA Purchase Price Objective"), taking into consideration of such factors as the amortization schedule the County has requested for the specific Local School Bond relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA from the sale of the VPSA Bonds and other market conditions relating to the sale of the VPSA Bonds; and WHEREAS, such factors may result in a Local School Bond having a purchase price other than par and consequently (i) the County may have to issue one or more Local School Bonds in a principal amount that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Local School Bonds set forth in section 1 below does not exceed the aggregate Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. 106649876_2.docx NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Local School Bond and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds, on more than one occasion, in an aggregate principal amount of no more not to exceed $45,500,000 (each a "Local School Bond") for the purpose of financing the Project. The Board hereby authorizes the issuance and sale of one or more Local School Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Local School Bond. The sale of each Local School Bond, within the parameters set forth in paragraph 4 of this Resolution, to VPSA is authorized. Given the VPSA Purchase Price Objective and market conditions, the County acknowledges that the limitation on the maximum aggregate principal amount of all Local School Bonds issued under this Resolution set forth in paragraph 1 of this Resolution restricts VPSA's ability to generate the Proceeds Requested, however, each Local School Bond may be sold for a purchase price not lower than 95% of the Proceeds Requested. The Chairman of the Board, the County Administrator, or either of them (each a "Delegate") and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into an agreement with VPSA providing for the sale of each Local School Bond to VPSA (each a "Bond Sale Agreement"). The Bond Sale Agreements shall be in substantially the form required by VPSA as it may be approved by the County officer executing the Bond Sale Agreement. 3. Details of the Local School Bond. Each Local School Bond shall be dated a date designated by VPSA; shall be designated "General Obligation School Bond, Series 20 "; (or such other designation as the County Administrator may approve) shall bear interest from its dated date payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts acceptable to a Delegate (the "Principal Installments"), subject to the provisions of paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4. Interest Rates and Principal Installments. Each Delegate is hereby authorized and directed to accept the interest rates on each Local School Bond established by VPSA, provided that each interest rate shall be five one -hundredths of one percent (0.05%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the VPSA Bonds, a portion of the proceeds of which will be used to purchase the Local School Bond, and provided further that the true interest cost of each Local School Bond does not exceed five and fifty one -hundredths percent (5.50%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. Each Delegate is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA based on the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the nationally -recognized rating agencies and the final principal amount of such Local School Bond; provided, however, that the principal amount of all Local School Bonds shall not exceed the amount authorized by this Resolution and the final maturity of each Local School Bond shall not exceed 31 years from the date of the issuance and delivery of such Local School Bond. The execution and delivery of each Local School Bond as described in paragraph 8 hereof shall -2- conclusively evidence the approval and acceptance of all of the details of such Local School Bond by the Delegate as authorized by this Resolution. 5. Form of the Local School Bond. Each Local School Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to each Local School Bond: (a) For as long as VPSA is the registered owner of each Local School Bond, all payments of principal, premium, if any, and interest on a Local School Bond shall be made in immediately available funds to VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on such Local School Bond. (c) The County Administrator is hereby authorized and directed to engage a financial institution to serve as Bond Registrar in accordance with VPSA's requirements. The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar and Paying Agent for any Local School Bond. The County shall give prompt notice to VPSA of the appointment of any successor Bond Registrar and Paying Agent. 7. Prepayment or Redemption. With respect to any Local School Bond sold to VPSA in the fall 2018 sale, the Principal Installments of the Local School Bond held by VPSA coming due on or before July 15, 2028, and the definitive bond for which the Local School Bond held by VPSA may be exchanged that mature on or before July 15, 2028, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Local School Bond held by VPSA coming due on or after July 15, 2029, and the definitive bond(s) for which the Local School Bond held by VPSA may be exchanged that mature on or after July 15, 2029, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2028, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Local School Bond to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2028 through July 14, 2029 101% July 15, 2030 through July 14, 2031 100'/z July 15, 2032 and thereafter 100 -3- Provided, however, that the Principal Installments of the Local School Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or other registered owner of the Local School Bond. Notice of any such prepayment or redemption shall be given by the Bond Registrar to VPSA or other registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. If VPSA refunds the VPSA Bonds in the future and such refunding causes the Local School Bond to be deemed refunded, the prepayment or redemption of the Local School Bond will be subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA bonds issued in part to refund the Local School Bond. With respect to any Local School Bond sold to VPSA in a subsequent sale, the Principal Installments of such Local School Bond will be subject to similar prepayment or redemptions provisions as may be set forth by VPSA at the time of such sale. 8. Execution of the Local School Bond. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver each Local School Bond and to affix the seal of the County thereto. 9. Pled2e of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on each Local School Bond as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any portion of such Local School Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on such Local School Bond as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Tax Compliance Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of the County or the School Board as either may designate are hereby authorized and directed to execute and deliver on behalf of the County a Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Agreement") setting forth the expected use and investment of the proceeds of a Local School Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of each Local School Bond will be invested and expended as set forth in such Tax Compliance Agreement and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the VPSA Bonds will remain excludable from gross income for federal income tax purposes. M 11. State Non -Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non -Arbitrage Program in connection with each Local School Bond. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of each Local School Bond by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix D to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by VPSA to be a MOP (as defined in the Bond Sale Agreement). 13. Refunding. The Board hereby acknowledges that VPSA may issue refunding bonds to refund any bonds previously issued by VPSA, including the VPSA Bonds issued to purchase a Local School Bond, and that the purpose of such refunding bonds would be to enable VPSA to pass on annual debt service savings to the local issuers, including the County. Each of the Delegates is authorized to execute and deliver to VPSA such allonge to the Local School Bond, revised debt service schedule, IRS Form 8038-G or such other documents reasonably deemed necessary by VPSA and VPSA's bond counsel to be necessary to reflect and facilitate the refunding of a Local School Bond and the allocation of the annual debt service savings to the County by VPSA. The Clerk to the Board of Supervisors is authorized to affix the County's seal on any such documents and attest or countersign the same. 14. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 15. Election to Proceed under Public Finance Act. In accordance with Section 15.2- 2601 of the Virginia Code, the Board elects to issue the Local School Bond pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code. 16. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond and otherwise in furtherance of this Resolution and any such action previously taken is hereby ratified and confirmed. 17. Effective Date. This Resolution shall take effect immediately. -5- The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 12, 2018, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: Members absent from the meeting were: . Members voting in favor of the foregoing resolution were: Members voting against the foregoing resolution were: Members abstaining from voting on the foregoing resolution were: WITNESS MY HAND and the seal of the Board of Supervisors of the County of Frederick, Virginia, this day of September, 2018. Clerk, Board of Supervisors of the County of Frederick, Virginia [SEAL] NO. TR-1 EXHIBIT A (FORM OF TEMPORARY BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK General Obligation School Bond Series 20 Dated Date: [16 days prior to issuance], 20 Issue Date: , 20 R The COUNTY OF FREDERICK, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY ("VPSA") the principal amount of DOLLARS ($ ) in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 20 and annually on July 15 thereafter to and including July 15, 20 (each a "Principal Payment Date"), together with interest from the dated date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on January 15, 20 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Principal of and interest and premium, if any, on this Bond are payable in lawful money of the United States of America. For as long as VPSA is the registered owner of this Bond, U.S. Bank National Association, as bond registrar and paying agent (the 'Bond Registrar"), shall make all payments of the principal of and interest and premium, if any, on this Bond, without the presentation or surrender hereof, to A-1 VPSA, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of the principal of and interest and premium, if any, on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of this Bond provides, and Section 15.2-2624, Code of Virginia 1950, as amended (the "Virginia Code"), requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of and interest and premium, if any, on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code, and resolutions duly adopted by the Board of Supervisors of the A-2 County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the VPSA, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the VPSA on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive bonds as hereinabove provided, such definitive bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 20 and the definitive bonds for which this Bond may be exchanged that mature on or before July 15, 20 are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due on or after July 15, 20 , and the definitive bonds for which this Bond may be exchanged that mature on or after July 15, 20 are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 20 upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of this Bond to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: A-3 Dates Prices July 15, 20 through July 14, 20 101 % July 15, 20 through July 14, 20 100'/z July 15, 20 and thereafter 100 Provided, however, that the principal installments of this Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of VPSA or other registered owner of this Bond. Notice of any such prepayment or redemption shall be given by the Bond Registrar to VPSA or other registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. If VPSA refunds its bonds issued in part to purchase this Bond in the future and such refunding causes this Bond to be deemed refunded, the prepayment or redemption of this Bond will be subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA bonds issued in part to refund this I: • All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap- pened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. BE IN WITNESS WHEREOF, the Board of Supervisors of the County of Frederick has caused this Bond to be issued in the name of the County of Frederick, Virginia, to be signed by its Chairman or Vice -Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated closing date], 20 (SEAL) ATTEST: Clerk, Board of Supervisors of the County of Frederick, Virginia COUNTY OF FREDERICK, VIRGINIA [16 days prior to the Chairman, Board of Supervisors of the County of Frederick, Virginia A-5 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) WE Public Hearing — Frederick County Board of Supervisors — September 12, 2018 Amendment to the 2018-2019 Fiscal Year Budget Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2018-2019 Budget to Reflect: Landfill Fund Supplemental Appropriation in the Amount of $3, 706, 000 for the Carry Forward of Unspent Funds for Generator Maintenance, Gas Treatment Skid Parts Replacement, a Trash Compactor; and a Leachate Collection Pond. The Public Works Director requests a public hearing for an FY 19 Landfill Fund supplemental appropriation in the amount of $3,706,000. This amount represents carry forwards of the following unspent FYI funds: $80,000 for generator maintenance; $90,000 for chilleriblower replacements on the gas treatment skid; $206,000 for a backup trash compactor; and $3,330,000 for an additional leachate collection pond and blasting of MSW Cell 3A. These items have been approved by the Public Works Committee. Landfill Budget 12-4204-000 Line item 12-4204-3004-04 Repair and Maintenance -Generators. Request to carry forward $80,000.00 to cover the remaining funds needed for maintenance of the 60,000-hour genset generator. This maintenance includes replacing the engines and upgrading the control systems. Line item 12-4204-5408-03 Generator Spare Parts -Gas to Energy. Request to carry forward $90,000.00 for chiller or blower replacements as needed. The gas treatment skid has accumulated over 60,000 hours of operation and has begun to experience increased breakdowns of blowers and gas chilling equipment. Line item 12-4204-8006-00 Construction Vehicles and Equipment. Request to carry forward $206,000.00 for a back-up trash compactor. Currently, the Landfill owns two Caterpillar 826k compactors. During times when either of those compactors are down the current practice is to maintain a compactor at the MSW Landfill and either close down the CDD Landfill or use a loader to pile the CDD waste up until both compactors are back in service. Current trends of increased downtime due to electrical and electronics on the equipment along with continued uptake in waste flow make it difficult to continue the current practice and maintain adequate compaction of all waste. Line item 12-4204-8900-00 Improvements other Than. Request to carry forward $3,330,000 for an additional leachate collection pond and blasting of MSW Cell 3A. These projects are currently moving forward but contracts for the work were not issued before the end of FY 17/18. BOARD OF SUPERVISORS RESOLUTION FISCAL YEAR 2018-2019 BUDGET AMENDMENT WHEREAS, Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 12, 2018, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2018-2019 Budget be Amended to Reflect: Landfill Fund Supplemental Appropriation in the Amount of $3,706,000 for the Carry Forward of Unspent Funds for Generator Maintenance, Gas Treatment Skid Parts Replacement, a Trash Compactor, and a Leachate Collection Pond. Upon motion made appropriation was Charles S. DeHaven, Jr. Gary A. Lofton J. Douglas McCarthy Robert W. Wells by the above budget amendment by the following recorded vote: Blaine P. Dunn Gene E. Fisher and seconded by and supplemental Judy McCann -Slaughter A COPY ATTEST: Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia Resolution - Fiscal Year 2018-2019 Budget Amendment Board of Supervisors Meeting of September 12, 2018 Page 2 cc: Joe C. Wilder, Public Works Director Ron Kimble, Landfill Superintendent Cheryl B. Shiffler, Finance Director C. William Orndoff, Jr., Treasurer U ATJP\resolutionstBudgetAmendm nt(FY2018-2019(Landfi11)091218BdMtg).docx FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, August 15, 2018 9:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street an Wednesday, August 15, 2018 at 8:00 a.m. ATTENDEES: Committee Members Present:.I{,dith McCann -Slaughter, Chairman; Charles DeHaven; Gary Lofton; Jeffrey Boppe; and Angela Rudolph, Non -voting liaisons: William Orndoff, Treasurer; and Ellen Murphy, Commissioner of the Revenue. Committee Members Absent: none Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director, Kris Tierney, County Administrator; Jay Tibbs, Assistant County Administrator; Rod Williams, County Attorney; Dennis Linaburg, Fire Chief; Keith Jenkins, Deputy Fire Chief; Lenny Millholland, Sheriff, Barry Kittoe, Sheriff I' Lieutenant; Joe Wilder, Public Works Director; and Gloria Puffinburger, Solid Waste Manager. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (®) Items 5, 6, and 7 were approved under consent agenda. 1. The Public Works Director requests an FY19 General Fund supplemental appropriation in the amount of $538,090, This amount represents carry forwards of the following unspent FY18 funds: a. $19,500 to rehab the old Clearbrook compactor to be used at a future site; b. $45,000for site improvements at the Middletown Convenience site; c. $75,000 for anticipated increased collection costs of refuse and recycling; d. $385,342 forthe completion of the Stephenson Convenience Center; e. $6,521 forspay/neuter shelter animals; and f. $6,727 for the Animal Shelter building addition design. These items have been approved by the Public Works Committee. See the attached memo, p. 4 — S. The committee recommends postponement of item C, and approval of the remaining requests. 2. The Public Works Director requests a public hearing for an FY19 Landfill Fund supplemental appropriation in the amount of $3,70,66,000. This amount represents carry forwards of the following unspent FY18 funds: a. $80,000for generator maintenance; b. $90,000 for chiller/blower replacements on the gas treatment skid; c.$206,000 for a backup trash compactor; and d. $3,330,000 for an additional leachate collection pond and blasting of MSW Cell 3A. These items have been approved by the Public works Committee. See the attached memo, p. 4-5. The committee recommends forwarding the entire request to public hearing as a whole. 3. The Sheriff requests an FY19 General Fund supplemental al2propriation in the amount of 5 000. This amount represents a Byrne/JAG grant that has been awarded for Narcan. No local funds are required. See attached memo, p.6-7. Carry Forward Requests Page 2 WAS (rY18) June 7, 2016 G/L balances: $6,727 Line item 10-4305-3002-02 Professional Services Engineering and Design. Request to carry forward $6,727.00 which is the unused portion of the new building design fund. The funds were appropriated from the Loy donation for the design of the new shelter building. d. Landfill Budget 12-4204-000 $83,994 Line item 12-4204-3004-04 Repair and Maintenance -Generators. Request to carry forward $80,000.00 to cover the remaining funds needed for maintenance of the 60,000-hour genset generator. This maintenance includes replacing the engines and upgrading the control systems. Line item 12-4204-5408-03 Generator Spare Parts -Gas to Energy. Request to carry forward $92'935 $90,000.00 for chiller or blower replacements as needed. The gas treatment skid has accumulated over 60,000 hours of operation and has begun to experience increased breakdowns of blowers and gas chilling equipment. $206,189 Line item 12-4204-8006-00 Construction Vehicles and Equipment. Request to carry forward $206,000.00 for a back-up trash compactor. Currently, the Landfill owns two Caterpillar 826k compactors. During times when either of those compactors are down the current practice is to maintain a compactor at the MSW Landfill and either close down the CDD Landfill or use a loader to pile the CDD waste up until both compactors are hack in service. Current trends of increased downtime due to electrical and electronics on the equipment along with continued uptake in waste flow make it difficult to continue the current practice and maintain adequate compaction of all waste. $3,330,000 Line item 12-4204-8900-00 Improvements other Than. Request to carry forward $3,330,000 for an additional leachate collection pond and blasting of MSW Cell 3A. These projects are currently moving forward but contracts for the work were not issued before the end of FYY 17/18. Please include the above carry forward requests on the next Finance Committee agenda. JCW/kco cc: file 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 ORDINANCE _, 2018 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 48-18 (License Taxes) of Article I (Dog Licensing; Rabies Control) of Chapter 48 (Animals and Fowl) of the Code of Frederick County, Virginia be, and the same hereby is, amended as follows (deletions are shown in strikethrr„ ,nh and additions are shown in bold underline): § 48-18. License taxes. A. License periods for individual dogs shall be equal to and run concurrently with the rabies vaccination effective period for that respective dog. Notwithstanding the foregoing, pursuant to Va. Code $ 3.2-6530(B), a person may apply for a lifetime license for his or her dog. Lifetime licenses are not transferrable between dogs or owners, and are not transferrable to other localities. Any person who applies for a license tag for a neutered or spayed dog shall present, at the time of application, certification from a licensed veterinarian attesting to the neutering or spaying of the dog. If such certification is not so presented, the dog shall be taxed the fee levied on male or female dogs. Kennel licenses are only sold for a one-year period and shall be due on January 1 and not later than January 31 of each year. Inspections by animal control may be required before the issuance of a kennel license. B. License taxes shall be in the following amounts�f: Spayed or Neutered Not Spayed or Neutered One dog — forjaRwary 1 tAcemher-3'er vaccination period of 12 months or less $5.00 $10.00 $a Q. QQ $2-0. 00 mAptho Ar l000 One dog — for lifetime of Free Free dog — for dogs adopted from the Frederick County Animal Shelter One dog — for lifetime of $10.00 $15.00 dog — for all other dogs Multi -dog license —for January 1 to December 31: 20 multi -dog license $30.00 50 multi -dog license $50.00 Enacted this day of , 2018. Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy 11P. TamIxeTi1 Judith McCann -Slaughter Rev. 06/2018 Gary A. Lofton Robert W. Wells Shannon G. Trout A COPY ATTEST Kris C. Tierney Frederick County Administrator CODE & ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, June 28, 2018 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Shannon Trout, Chair; Blaine P. Dunn; J. Douglas McCarthy, and Stephen Butler Committee Members Absent: Derek Aston and James Drown Staff present Roderick B. Williams, County Attorney, Jay E. Tibbs, Deputy County Administrator; Sheriff Lenny Millholland; Mark Fleet, Building Official; Lorraine Mossburg representing the Commissioner of the Revenue; Karen Orndosff representing Public Works; Treasurer C. William Orndoff, Jr.; Wayne Corbett, Deputy Treasurer; and Chad DeHaven, Account Analystwith the Treasurer's Department. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Amendment to Chapter 48 (Animals and Fowl, Article I (Dog Licensing; Rabies Control, Section 48-18 (License Taxes, of the County Code, to allow for lifetime licensing of dogs. -See Attached This proposed amendment would enable the issuance of lifetime dog licenses and would permit zero cost lifetime licenses for dogs adopted from the Frederick County Esther Boyd Animal Shelter. The intent of the proposed ordinance would be to reduce the administrative burden of the County's current dog licensing system and encourage adoptions from the Shelter. Upon a motion by Mr. Dunn, seconded by Mr. McCarthy, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. Amendments to Chapter 52 (Building Construction), Section 52-5 (Issuance of Permits) and Chapter 143 (Stormwater/Erosion and Sediment Control, Section 143-194 (Issuance, time limit, modification, maintenance, transfer and/or termination of Frederick County land -disturbing permit and VSMP authority permit, of the County Code, to require payment of delinquent real estate taxes before issuance of certain permits. -See Attached This proposed amendment would require that any delinquent real estate taxes and other charges that constitute a lien on a property, that are owed to the locality, to be paid before the locality accepts an application for a building permit or stormwater/erosion and sediment control permit for the property. This proposed ordinance would apply to new construction and additions but would not be applicable to emergency work. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. Amendments to Chapters 48 and 118, of the County Code, to adopt a "plainly audible" standard with respect to certain prohibited noise. -See Attached This proposed amendment would revise the County Code, Noise Ordinance, to adopt as the standard for prohibited noise as "plainly audible" at certain points beyond its source. Also, with respect to barking dogs, the draft revisions further require that barking occur at least once a minute for ten consecutive minutes in order to be prohibited. The proposed amendment does not generally deviate from the general principles of the current ordinance and keeps the general noise prohibition limited to the RP, R4, R5, and ME zoning districts, with the noise prohibition being applicable 9:00 p.m. to 6:00 a.m. It was noted the proposed amendment also expressly provides that the noise prohibition does not apply to a bona fide agricultural activity and there is included a further list of other activities that are not subject to the prohibition. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was approved by a 3-1 vote with Mr. Dunn voting no. Mr. Dunn stated he would like to see noise regulated on a case by case basis in an effort to address instances where citizen might be caring for a loved one with a medical issue. The Committee, while sympathetic, did not support this proposal. They did, however, direct the county attorney to look at ordinances from other localities to see if there might be a way to address Mr. Dunn's concern. 4. An amendment to Chapter 155 (Taxation, Article VIII (Tax on Purchasers of Utility Service), Section 155-34 (Tax Imposed, of the County Code, to correct a typographical error with respect to the tax on electric service. -See Attached This proposed amendment would correct a typographical error within Section 155- 34(A)(1)(a) (2)(c), which provides the formula by which the tax on electricity is calculated when the electricity is being consumed by multiple dwellings or units through a master meter. The subsection, currently, erroneously refers to apartment houses or multiple -family dwellings utilizing gas service, not electric service. Upon a motion by Mr. McCarthy, seconded by Mr. Dunn, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. ITEMS FOR INFORbIATION ONLY 1. Review of Committee Charter. -See Attached The Committee reviewed its charter. There were no changes proposed to the current charter. 2. Other. The Committee discussed a concern raised by a citizen in the Gainesboro District regarding the discharge of firearms near a residence. The Committee asked the county attorney to look at ordinances from other localities to see how that issue is addressed. There being no further business, the meeting was adjourned at 9:06 a.m. Respectfully submitted, Deputy County Administrator cc: Code & Ordinance Committee COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams County Attorney DATE: June 4, 2018 RE: County Code, Chapter 48 (Animals and Fowl), Article I (Dog Licensing; Rabies Control), Section 48-18 (License Taxes) — Lifetime Licensing of Dogs Per legislation enacted by the 2017 Session of the General Assembly, 2017 Acts of Assembly, Chapters 559 and 567, localities may, effective July 1, 2017, provide for lifetime licensing of dogs. Attached are copies of the enabling legislation and of a draft ordinance, for the Committee's consideration, that would amend the County Code to make such provision. The draft also would permit zero cost lifetime tags for dogs adopted from the County Shelter. The intent of the proposed ordinance is to reduce the administrative burden of the County's current dog licensing system and to encourage adoptions from the Shelter. The Public Works Committee reviewed the draft ordinance at its meeting on May 29 and recommended forwarding the draft ordinance to the Code & Ordinance Committee, with the addition of a further provision that a lifetime dog tag does not transfer to a new owner, which provision is incorporated in the additional proposed language of subsection A of the code section. Attachments cc: Public Works Department Animal Shelter Sheriff's Office Treasurer's Office 107 North Kent Street • Winchester, Virginia 22601 VIRGINIA ACTS OF ASSEMBLY -- 2017 SESSION CHAPTER 559 An Act to amend and reenact §§ 3.2-6527, 3.2-6528, 3.2-6530, 3.2-6532, and 18.2-403.3 of the Code of Virginia, relating to dogs and cats; lifetime licenses. [H 1477] Approved March 16, 2017 Be it enacted by the General Assembly of Virginia: 1. That §§ 3.2-6527, 3.2-6528, 3.2-6530, 3.2-6532, and 18.2-403.3 of the Code of Virginia are amended and reenacted as follows: § 3.2-6527. How to obtain license. Any person may obtain a dog license or cat license if required by an ordinance adopted pursuant to subsection B of § 3.2-6524, by making oral or written application to the treasurer of the locality where such person resides, accompanied by the amount of license tax and current certificate of vaccination as required by this article or satisfactory evidence that such certificate has been obtained. The treasurer or other officer charged with the duty of issuing dog and cat licenses shall only have authority to license dogs and cats of resident owners or custodians who reside within the boundary limits of his county or city and may require information to this effect from any applicant. Upon receipt of proper application and current certificate of vaccination as required by this article or satisfactory evidence that such certificate has been obtained, the treasurer or other officer charged with the duty of issuing dog and cat licenses shall issue a license receipt for the amount on which he shall record the name and address of the owner or custodian, the date of payment, the year years for which issued, the serial number of the tag, whether dog or cat, whether male or female, whether spayed or neutered, or whether a kennel, and deliver the metal license tags or plates provided for l in ss 3.2-6526. The information thus received shall be retained by the treasurer, open to public inspection, during the period for which such license is valid. The treasurer may establish substations in convenient locations in the county or city and appoint agents for the collection of the license tax and issuance of such licenses. § 3.2-6528. Amount of license tax. The governing body of each county or city shall impose by ordinance a license tax on the ownership of dogs within its jurisdiction. The governing body of any locality that has adopted an ordinance pursuant to subsection B of § 3.2-6524 shall impose by ordinance a license tax on the ownership of cats within its jurisdiction. The governing body may establish different rates of taxation for ownership of female dogs, male dogs, spayed or neutered dogs, female cats, male cats, and spayed or neutered cats. The tax for each dog or cat shall not be less &t a*d net more than $10 for each year or $50 for a lifetime license issued pursuant to subsection B of § 3.2-6530. If the dog or cat has been spayed, the tax shall not exceed the tax provided for a male dog or cat. Any ordinance may provide for a an annual license tax for kennels of 10, 20, 30, 40, or 50 dogs or cats not to exceed $50 for any one such block of kennels. No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person, that is trained and serves as a hearing dog for a deaf or hearing -impaired person, or that is trained and serves as a service dog for a mobility -impaired or otherwise disabled person. As used in this section, "hearing dog," "mobility -impaired person," "otherwise disabled person," and "service dog" have the same meanings as assigned in § 51.5-40.1. § 3.2-6530. When license tax payable. A. The license tax as prescribed in § 3.2-6528 is due not later than 30 days after a dog or cat has reached the age of four months, or not later than 30 days after an owner acquires a dog or cat four months of age or older, and each year thereafter. B- Licensing periods for individual dogs and cats may be equal to and may run concurrently with the rabies vaccination effective period. B. The governing body of a county or city may by ordinance provide for a lifetime dog or cat license. Such a license shall be valid only as long as the animal's owner resides in the issuing locality and the animal's rabies vaccination is kept current. C. Any kennel license tax prescribed pursuant to § 3.2-6528 shall be due on January 1 and not later than January 31 of each year. § 3.2-6532. Duplicate license tags. If a dog or cat license tag is lost, destroyed or stolen, the owner or custodian shall at once apply to the treasurer or his agent who issued the original license for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the treasurer or his agent that the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag that the owner or custodian shall immediately affix to the collar of the dog. The treasurer or his agent shall 2 of 2 endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag for any dog or cat shall be not exceed $1. § 18.2-403.3. Offenses involving animals — Class 4 misdemeanors. The following unlawful acts and offenses against animals shall constitute and be punished as a Class 4 misdemeanor: 1. Violation of § 3.2-6566 pertaining to interference of agents charged with preventing cruelty to animals. 2. Violation of § 3.2-6573 pertaining to shooting pigeons. 3. Violation of § 3.2-6554 pertaining to disposing of the body of a dead companion animal. 4. Violation of ordinances passed pursuant to §§ 3.2-6522 and 3.2-6525 pertaining to rabid dogs and preventing the spread of rabies and the running at large of vicious dogs. 5. Violation of an ordinance passed pursuant to § 3.2-6539 requiring dogs to be on a leash. 6. Failure by any person to secure and exhibit the permits required by § 29.1-422 pertaining to field trails, night trails and foxhounds. 7. Diseased dogs. — For the owner of any dog with a contagious or infectious disease to permit such dog to stray from his premises if such disease is known to the owner. 8. License application. For any person to make a false statement in order to secure a dog or cat license to which he is not entitled. 9. License tax. — For any dog or cat owner to fail to pay any license tax required by subsection A or C of § 3.2-6530 befere Febm 47 fer toe yeas i-n Lek within one month after the date when it is due. In addition, the court may order confiscation and the proper disposition of the dog or cat. 10. Concealing a dog or cat. For any person to conceal or harbor any dog or cat on which any required license tax has not been paid. 11. Removing collar and tag. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog or cat without the permission of the owner or custodian. 12. Violation of § 3.2-6503 pertaining to care of animals by owner. VIRGINIA ACTS OF ASSEMBLY -- 2017 SESSION CHAPTER 567 An Act to amend and reenact §§ 3.2-6527, 3.2-6528, 3.2-6530, 3.2-6532, and 18.2-403.3 of the Code of Virginia, relating to dogs and cats; lifetime licenses. [S 856] Approved March 16, 2017 Be it enacted by the General Assembly of Virginia: 1. That §§ 3.2-6527, 3.2-6528, 3.2-6530, 3.2-6532, and 18.2-403.3 of the Code of Virginia are amended and reenacted as follows: § 3.2-6527. How to obtain license. Any person may obtain a dog license or cat license if required by an ordinance adopted pursuant to subsection B of § 3.2-6524, by making oral or written application to the treasurer of the locality where such person resides, accompanied by the amount of license tax and current certificate of vaccination as required by this article or satisfactory evidence that such certificate has been obtained. The treasurer or other officer charged with the duty of issuing dog and cat licenses shall only have authority to license dogs and cats of resident owners or custodians who reside within the boundary limits of his county or city and may require information to this effect from any applicant. Upon receipt of proper application and current certificate of vaccination as required by this article or satisfactory evidence that such certificate has been obtained, the treasurer or other officer charged with the duty of issuing dog and cat licenses shall issue a license receipt for the amount on which he shall record the name and address of the owner or custodian, the date of payment, the year years for which issued, the serial number of the tag, whether dog or cat, whether male or female, whether spayed or neutered, or whether a kennel, and deliver the metal license tags or plates provided for l in ss 3.2-6526. The information thus received shall be retained by the treasurer, open to public inspection, during the period for which such license is valid. The treasurer may establish substations in convenient locations in the county or city and appoint agents for the collection of the license tax and issuance of such licenses. § 3.2-6528. Amount of license tax. The governing body of each county or city shall impose by ordinance a license tax on the ownership of dogs within its jurisdiction. The governing body of any locality that has adopted an ordinance pursuant to subsection B of § 3.2-6524 shall impose by ordinance a license tax on the ownership of cats within its jurisdiction. The governing body may establish different rates of taxation for ownership of female dogs, male dogs, spayed or neutered dogs, female cats, male cats, and spayed or neutered cats. The tax for each dog or cat shall not be less &t a*d net more than $10 for each year or $50 for a lifetime license issued pursuant to subsection B of § 3.2-6530. If the dog or cat has been spayed, the tax shall not exceed the tax provided for a male dog or cat. Any ordinance may provide for a an annual license tax for kennels of 10, 20, 30, 40, or 50 dogs or cats not to exceed $50 for any one such block of kennels. No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person, that is trained and serves as a hearing dog for a deaf or hearing -impaired person, or that is trained and serves as a service dog for a mobility -impaired or otherwise disabled person. As used in this section, "hearing dog," "mobility -impaired person," "otherwise disabled person," and "service dog" have the same meanings as assigned in § 51.5-40.1. § 3.2-6530. When license tax payable. A. The license tax as prescribed in § 3.2-6528 is due not later than 30 days after a dog or cat has reached the age of four months, or not later than 30 days after an owner acquires a dog or cat four months of age or older, and each year thereafter. B- Licensing periods for individual dogs and cats may be equal to and may run concurrently with the rabies vaccination effective period. B. The governing body of a county or city may by ordinance provide for a lifetime dog or cat license. Such a license shall be valid only as long as the animal's owner resides in the issuing locality and the animal's rabies vaccination is kept current. C. Any kennel license tax prescribed pursuant to § 3.2-6528 shall be due on January 1 and not later than January 31 of each year. § 3.2-6532. Duplicate license tags. If a dog or cat license tag is lost, destroyed or stolen, the owner or custodian shall at once apply to the treasurer or his agent who issued the original license for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the treasurer or his agent that the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag that the owner or custodian shall immediately affix to the collar of the dog. The treasurer or his agent shall 2 of 2 endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag for any dog or cat shall be not exceed $1. § 18.2-403.3. Offenses involving animals — Class 4 misdemeanors. The following unlawful acts and offenses against animals shall constitute and be punished as a Class 4 misdemeanor: 1. Violation of § 3.2-6566 pertaining to interference of agents charged with preventing cruelty to animals. 2. Violation of § 3.2-6573 pertaining to shooting pigeons. 3. Violation of § 3.2-6554 pertaining to disposing of the body of a dead companion animal. 4. Violation of ordinances passed pursuant to §§ 3.2-6522 and 3.2-6525 pertaining to rabid dogs and preventing the spread of rabies and the running at large of vicious dogs. 5. Violation of an ordinance passed pursuant to § 3.2-6539 requiring dogs to be on a leash. 6. Failure by any person to secure and exhibit the permits required by § 29.1-422 pertaining to field trails, night trails and foxhounds. 7. Diseased dogs. — For the owner of any dog with a contagious or infectious disease to permit such dog to stray from his premises if such disease is known to the owner. 8. License application. For any person to make a false statement in order to secure a dog or cat license to which he is not entitled. 9. License tax. — For any dog or cat owner to fail to pay any license tax required by subsection A or C of § 3.2-6530 befere Febm 47 fer toe yeas i-n Lek within one month after the date when it is due. In addition, the court may order confiscation and the proper disposition of the dog or cat. 10. Concealing a dog or cat. For any person to conceal or harbor any dog or cat on which any required license tax has not been paid. 11. Removing collar and tag. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog or cat without the permission of the owner or custodian. 12. Violation of § 3.2-6503 pertaining to care of animals by owner. ORDINANCE TO AMEND PROVISIONS OF COUNTY CODE REGARDING NOISE PROHIBITIONS _, 2018 The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 48-23 (Unreasonable noise unlawful) and 48-24 (Enforcement) of Article II (Noise) of Chapter 48 (Animals and Fowl) and that Chapter 118 (Noise) of the Code of Frederick County, Virginia be, and the same hereby are, amended by enacting an amended Section 48-23 (Unreasonable noise unlawful) and 48-24 (Enforcement) of Article II (Noise) of Chapter 48 (Animals and Fowl) and an amended Section 118-1 (Unreasonable noise unlawful) and new Sections 118-4 (Specific prohibitions) and 118- 5 (Exceptions) of Chapter 118 (Noise) of the Code of Frederick County, Virginia, as follows (deletions are shown in striLo+hrni ,nh and additions are shown in underline): CHAPTER 48 ANIMALS AND FOWL Article II Noise § 48-23 Unreason Specified noise unlawful. A. It shall be unlawful, after written notice by the Sheriff to the owner, custodian or person in control or possession of a -dog a dog, for such person to suffer or allow such deg an4pat dog to howl, bark, ,yelp whine,, or otherwise make unreasonably loud noises, adjoining resid-ents or nreneFt g--hdWislen so as 4� unreasonably annw rlinr or vex residents or nronnr4v owners at least once a minute for ten (10) consecutive minutes: 1. In such a manner as to be plainly audible across a residential real Property boundary or through partitions common to two (2) or more dwelling units within a building; or 2. In such a manner as to be plainly audible at a distance of fifty (50) feet or more from the building in which it is located, provided that the sound is audible on another's property; or 3. In such a manner as to be plainly audible at a distance of fifty (50) feet or more from its source, provided that the sound is audible on another's property. Rev. 6/2018 B. This article shall be applicable from 9:00 p.m. to 6:00 a.m., inclusive, each day, to such noise emanating from property located within the following zoning districts as indicated on the Frederick County Zoning Map: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MM Mobile Home Community District C. This section shall not apply to any bona fide agricultural activity. D. The term "plainly audible" shall mean any sound that can be heard clearly by a person using his or her unaided hearing faculties. § 48-24 Enforcement. Enforcement of this article shall be by the Sheriff of Frederick County or his designee. § 48-25 Violations and penalties. [Ed. note: No change is proposed to this section] A violation of this article shall be punishable by a fine of not more than $25 for the first offense and a fine of not more than $100 for each subsequent offense. Each such occurrence shall constitute a separate offense. CHAPTER 118 NOISE § 118-1 Unreason Specified noise unlawful. A. It sh-all he unlavAulf i.after GMP'-aint frGem any person annoyed, distur-bed 9r vexed by Unnenessary and unre-aconable no-ise and! -after no-one by the Sheriff to the nersGn Gr-eating sucGh ne-ise or te- the a wiper f GUStAdian ar nerc�n in GOntrol or possession of the property from Whinh q"r-h nAice crim'�nr'a ec or- arises, � �i.fir �h net�r��n q—' offer Or �IlAW A Ah UnneGessapi and- unTearo^nah'e nn-ice to-ssr+ e—At certain levels, noise can be detrimental to the health, safety, welfare, and quality of life of inhabitants of the county, and, in the public interest, such noise should be restricted. It is, therefore, the policy of the County to reduce, and eliminate where possible, excessive noise and related adverse conditions in the communitv. and to Drohibit unnecessarv. excessive. harmful. and annovina noises from all sources. B. This chapter shall be applicable from 9.00 p.m. to 6.00 a.m., inclusive, each day, to noise emanating from property located within the following zoning rl-accifin-ations districts as indicated on the Frederick County Zoning Map: RP Residential Performance District 2 Rev. 6/2018 R4 Residential Planned Community District R5 Residential Recreational Community District MH1 Mobile Home Community District C. No person shall be charged with a violation of this section unless that person has received verbal, electronic, or written notice from a law enforcement officer of Frederick County that he is violating or has violated the provisions of this chapter and has thereafter had the opportunity to abate the noise disturbance. § 118-2 Enforcement. [Ed. note: The amendment to this section was proposed at the Code & Ordinance Committee meeting] Enforcement of this chapter shall be by the Sheriff of Frederick County or his designee. § 118-3 Violations and penalties. [Ed. note: No change is proposed to this section] A violation of this chapter shall be punishable by a fine of not more than $100 for the first offense and a fine of not more than $1,000 for each subsequent offense. Each such occurrence shall constitute a separate offense. 118-4 Specific prohibitions. The following acts are declared to be noise disturbances in violation of this chapter, provided that this list shall not be deemed to be an exclusive enumeration of those acts which may constitute noise disturbances and that an act not listed below may nevertheless constitute a violation of this chapter: A. Prohibited Noise Generally. Oaeratina. alavina or aermittina the operation or playing of any radio, television, computer, recording, musical instrument, amplifier, or similar device, or veiling, shouting, whistling, or singing, or operating or permitting the operation of any mechanical equipment: 1. In such a manner as to be plainly audible across a residential real Property boundary or through partitions common to two or more (2) dwelling units within a building; or 2. In such a manner as to be plainly audible at a distance of fifty (50) feet or more from the building in which it is located, provided that the sound is audible on another's property; or 3. In such a manner as to be plainly audible at a distance of fifty (50) feet or more from its source, provided that the sound is audible on another's property. 3 Rev. 6/2018 B. Schools, public buildings, places of worship, and hospitals. The creation of any noise on or near the grounds of any school, court, public building, place of worship, or hospital in a manner that is plainly audible within such school, court, public building, place of worship, or hospital, and which noise interferes with the operation of the institution. C. The term "plainly audible" shall mean any sound that can be heard clearly by a person using his or her unaided hearing faculties. When music is involved, the detection of rhythmic bass tones shall be sufficient to be considered plainly audible sound. 118-5 Exceptions. This chapter shall have no application to any sound generated by any of the following: A. Sound which is necessary for the protection or preservation of property or the health, safety, life, or limb of any person. B. Public speaking and public assembly activities conducted on any public right-of-way or public property. C. Radios, sirens, horns, and bells on police, fire, or other emergency response vehicles. D. Parades, lawful fireworks displays, school -related activities, and other such public special events or public activities. E. Activities on or in municipal, county, state, United States, or school athletic facilities, or on or in publicly owned property and facilities. F. Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or person in possession of the premises served by any such alarm to turn off the alarm. G. Religious services, religious events, or religious activities or expressions, including, but not limited to music, singing, bells, chimes, and organs which are a part of such service, event, activity, or expression. H. Locomotives and other railroad equipment, and aircraft. I. The striking of clocks. J. Military activities of the Commonwealth of Virginia or of the United States of America. K. Agricultural activities. L. Lawful discharge of firearms. M. Motor vehicles. N. Construction equipment. Rev. 6/2018 Enacted this day of , 2018. Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Blaine P. Dunn Judith McCann -Slaughter 5 Rev. 6/2018 Gary A. Lofton Robert W. Wells Shannon G. Trout A COPY ATTEST Kris C. Tierney Interim Frederick County Administrator CODE & ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, June 28, 2018 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Shannon Trout, Chair; Blaine P. Dunn; J. Douglas McCarthy, and Stephen Butler Committee Members Absent: Derek Aston and James Drown Staff present Roderick B. Williams, County Attorney, Jay E. Tibbs, Deputy County Administrator; Sheriff Lenny Millholland; Mark Fleet, Building Official; Lorraine Mossburg representing the Commissioner of the Revenue; Karen Orndosff representing Public Works; Treasurer C. William Orndoff, Jr.; Wayne Corbett, Deputy Treasurer; and Chad DeHaven, Account Analystwith the Treasurer's Department. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Amendment to Chapter 48 (Animals and Fowl, Article I (Dog Licensing; Rabies Control, Section 48-18 (License Taxes, of the County Code, to allow for lifetime licensing of dogs. -See Attached This proposed amendment would enable the issuance of lifetime dog licenses and would permit zero cost lifetime licenses for dogs adopted from the Frederick County Esther Boyd Animal Shelter. The intent of the proposed ordinance would be to reduce the administrative burden of the County's current dog licensing system and encourage adoptions from the Shelter. Upon a motion by Mr. Dunn, seconded by Mr. McCarthy, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. Amendments to Chapter 52 (Building Construction), Section 52-5 (Issuance of Permits) and Chapter 143 (Stormwater/Erosion and Sediment Control, Section 143-194 (Issuance, time limit, modification, maintenance, transfer and/or termination of Frederick County land -disturbing permit and VSMP authority permit, of the County Code, to require payment of delinquent real estate taxes before issuance of certain permits. -See Attached This proposed amendment would require that any delinquent real estate taxes and other charges that constitute a lien on a property, that are owed to the locality, to be paid before the locality accepts an application for a building permit or stormwater/erosion and sediment control permit for the property. This proposed ordinance would apply to new construction and additions but would not be applicable to emergency work. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. Amendments to Chapters 48 and 118, of the County Code, to adopt a "plainly audible" standard with respect to certain prohibited noise. -See Attached This proposed amendment would revise the County Code, Noise Ordinance, to adopt as the standard for prohibited noise as "plainly audible" at certain points beyond its source. Also, with respect to barking dogs, the draft revisions further require that barking occur at least once a minute for ten consecutive minutes in order to be prohibited. The proposed amendment does not generally deviate from the general principles of the current ordinance and keeps the general noise prohibition limited to the RP, R4, R5, and ME zoning districts, with the noise prohibition being applicable 9:00 p.m. to 6:00 a.m. It was noted the proposed amendment also expressly provides that the noise prohibition does not apply to a bona fide agricultural activity and there is included a further list of other activities that are not subject to the prohibition. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was approved by a 3-1 vote with Mr. Dunn voting no. Mr. Dunn stated he would like to see noise regulated on a case by case basis in an effort to address instances where citizen might be caring for a loved one with a medical issue. The Committee, while sympathetic, did not support this proposal. They did, however, direct the county attorney to look at ordinances from other localities to see if there might be a way to address Mr. Dunn's concern. 4. An amendment to Chapter 155 (Taxation, Article VIII (Tax on Purchasers of Utility Service), Section 155-34 (Tax Imposed, of the County Code, to correct a typographical error with respect to the tax on electric service. -See Attached This proposed amendment would correct a typographical error within Section 155- 34(A)(1)(a) (2)(c), which provides the formula by which the tax on electricity is calculated when the electricity is being consumed by multiple dwellings or units through a master meter. The subsection, currently, erroneously refers to apartment houses or multiple -family dwellings utilizing gas service, not electric service. Upon a motion by Mr. McCarthy, seconded by Mr. Dunn, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. ITEMS FOR INFORbIATION ONLY 1. Review of Committee Charter. -See Attached The Committee reviewed its charter. There were no changes proposed to the current charter. 2. Other. The Committee discussed a concern raised by a citizen in the Gainesboro District regarding the discharge of firearms near a residence. The Committee asked the county attorney to look at ordinances from other localities to see how that issue is addressed. There being no further business, the meeting was adjourned at 9:06 a.m. Respectfully submitted, Deputy County Administrator cc: Code & Ordinance Committee COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams County Attorney DATE: June 4, 2018 RE: Frederick County Code — Noise Ordinance — draft revisions The Committee previously considered this item at its meeting in August 2017. The Committee postponed further consideration of the item, pending further changes to the draft revisions. To refresh the Committee on this item, please note that the County adopted its current noise ordinance in 1993. The ordinance uses, as its standard for whether noise is unlawful, whether a person is "annoyed, disturbed or vexed by unnecessary and unreasonable noise". The relevant portions of the County's animal ordinance, adopted in 1992, contain substantially the same type of prohibition with respect to barking dogs. The Virginia Supreme Court, in 2009, decided the case of Tanner v. City of Virginia Beach, 277 Va. 432, in which the Court held that a noise ordinance containing similar "unreasonableness" language was unconstitutionally vague and therefore unenforceable. In light of the decision in Tanner, the County's prohibitions against noise may be subject to similar challenge. The draft revisions adopt as the standard for prohibited noise whether the noise is "plainly audible" at certain points beyond its source. The Committee inquired regarding the meaning and sufficiency of the term "plainly audible". In one Attorney General Opinion, while the Attorney General did not define the term, the Attorney General found that an ordinance including the term "states in precise terms what is forbidden" and that "persons `of common intelligence' are not required to `necessarily guess at [the] meaning [of the language] and differ as to its application."'. 2011 Va. Att'y Gen'l Opin. 39, 41-42 (citing Tanner). In an abundance of caution, however, the draft revisions now include a definition, taken from the Blacksburg Town Ordinance, adopted in response to Tanner and cited by an ad hoc committee of the Local 107 North Kent Street • Winchester, Virginia 22601 Government Attorneys formed in 2009 to provide guidance to localities in response to Tanner. Also, with particular respect to barking dogs, the draft revisions further require that barking occur at least once a minute for ten consecutive minutes in order to be prohibited. The draft revisions otherwise generally do not deviate from the general principles in the current ordinances; the draft revisions keep the general noise prohibition limited to the RP, R4, R5, and MH zoning districts, with the prohibition being applicable only between 9:00 p.m. and 6:00 a.m. The draft revisions also expressly provide that the prohibition does not apply to bona fide agricultural activity and further contain a list of other specific activities that are not subject to the prohibition. The attached draft shows the changes submitted to the Committee in August and then, in red, the changes since that draft. Attachment ORDINANCE _, 2018 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 52-5 (Issuance of Permits) of Chapter 52 (Building Construction) and Section 143-195 (Issuance, time limit, modification, maintenance, transfer and/or termination of Frederick County land -disturbing permit and VSMP authority permit) of Chapter 143 (Stormwater/Erosion and Sediment Control) of the Code of Frederick County, Virginia be, and the same hereby is, amended as follows (deletions are shown in strikethre ,nh and additions are shown in bold underline): CHAPTER 52 BUILDING CONSTRUCTION § 52-5. Issuance of Permits. Unless otherwise excepted, no permit to begin work for construction as defined by § 36- 97 of the Code of Virginia or required by the several provisions of the Virginia Uniform Statewide Building Code shall be issued until all permit fees have been paid. Prior to the initiation of an application, by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a permit under this Chapter, except for, as provided under Section 108.1 of the Virginia Construction Code, a permit for emergency construction, alterations or equipment replacement, all delinquent real estate taxes and any other charges that constitute a lien on the subject property, that are owed to the County and have been properly assessed against the subject property, must be paid, unless otherwise authorized by the treasurer. All s6G-h permits issued under this Chapter shall be issued by the Chief Building Official or his authorized agent, on forms approved and provided by the Department of Building Inspections. CHAPTER 143 STORMWATER/EROSION AND SEDIMENT CONTROL § 143-195. Issuance, time limit, modification, maintenance, transfer and/or termination of Frederick County land -disturbing permit and VSMP authority permit. A. Permit issuance. Once the requirements for obtaining a Frederick County land - disturbing permit and coverage under the state general permit for discharges from construction activity (if applicable) have been met, including the receipt or verification of payment of all required permit fees in accordance with the fee schedule of § 143-235, the administrator will issue a Frederick County land - disturbing permit and a VSMP authority permit. Prior to the initiation of an application, by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a permit under this Chapter, all delinquent real estate taxes and any other charges that constitute a lien on the subject property, that are owed to the County and have been properly assessed against the subject property, must be paid, unless otherwise authorized by the treasurer. B. No transfer, assignment, or sale of the rights granted by virtue of a Frederick County land -disturbing permit shall be made unless a written notice of transfer and corresponding permit modification fee is filed with the administrator and the transferee certifies agreement to comply with all obligations and conditions of the permit. The administrator may require modification or revocation and reissuance of the VSMP authority permit to change the name of the permittee and incorporate such other requirements as may be necessary for the transfer. C. If land -disturbing activity has not commenced within 180 days of land -disturbing or VSMP authority permit issuance or ceases for more than 180 days, the administrator may evaluate the existing approved ESC plan to determine whether the plan still satisfies local and state erosion and sediment control criteria and to verify that all design factors are still valid. If the previously filed ESC plan is determined to be inadequate, a modified plan shall be submitted and approved prior to the resumption of land -disturbing activity. Reference: 9 VAC 25-840-80B. D. VSMP authority permits are effective for a fixed permit cycle of five years. Activities requiring a VSMP permit may obtain coverage at any time during the five-year perm it cycle and m ust be renewed if the perm it has not been term inated prior to the end of the cycle. The annual permit maintenance fees in § 143-235 apply until the permit coverage is terminated or renewed. E. Land -disturbing activities for which VSMP permit coverage was issued between July 1, 2009, and June 30, 2014, for that permit cycle may remain subject to the technical criteria of Part II C of the Virginia Stormwater Regulations for two additional permit cycles, provided coverage under the original VSMP permit is maintained. After two permit cycles have passed, or should the original VSMP permit coverage not be maintained, portions of the project not under construction shall become subject to 2 any new technical criteria adopted by the VSMP authority after the original VSMP permit coverage was issued. F. Land -disturbing activities for which VSMP permit coverage was issued between July 1, 2009, and June 30, 2014, for that permit cycle may elect to modify the permit by paying the appropriate permit modification fee and request approval for compliance with the technical criteria of Part II B for any remaining portions of the project. Reference: Va. Code § 62.1-44.15:24: 9 VAC 25-870-47. Enacted this day of , 2018. Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy 11P. TamIxeTi1 Judith McCann -Slaughter 3 Gary A. Lofton a, 0 TW IIaNTAJ[aln Shannon G. Trout A COPY ATTEST Kris C. Tierney Frederick County Administrator CODE & ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, June 28, 2018 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Shannon Trout, Chair; Blaine P. Dunn; J. Douglas McCarthy, and Stephen Butler Committee Members Absent: Derek Aston and James Drown Staff present Roderick B. Williams, County Attorney, Jay E. Tibbs, Deputy County Administrator; Sheriff Lenny Millholland; Mark Fleet, Building Official; Lorraine Mossburg representing the Commissioner of the Revenue; Karen Orndosff representing Public Works; Treasurer C. William Orndoff, Jr.; Wayne Corbett, Deputy Treasurer; and Chad DeHaven, Account Analystwith the Treasurer's Department. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Amendment to Chapter 48 (Animals and Fowl, Article I (Dog Licensing; Rabies Control, Section 48-18 (License Taxes, of the County Code, to allow for lifetime licensing of dogs. -See Attached This proposed amendment would enable the issuance of lifetime dog licenses and would permit zero cost lifetime licenses for dogs adopted from the Frederick County Esther Boyd Animal Shelter. The intent of the proposed ordinance would be to reduce the administrative burden of the County's current dog licensing system and encourage adoptions from the Shelter. Upon a motion by Mr. Dunn, seconded by Mr. McCarthy, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. Amendments to Chapter 52 (Building Construction), Section 52-5 (Issuance of Permits) and Chapter 143 (Stormwater/Erosion and Sediment Control, Section 143-194 (Issuance, time limit, modification, maintenance, transfer and/or termination of Frederick County land -disturbing permit and VSMP authority permit, of the County Code, to require payment of delinquent real estate taxes before issuance of certain permits. -See Attached This proposed amendment would require that any delinquent real estate taxes and other charges that constitute a lien on a property, that are owed to the locality, to be paid before the locality accepts an application for a building permit or stormwater/erosion and sediment control permit for the property. This proposed ordinance would apply to new construction and additions but would not be applicable to emergency work. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. Amendments to Chapters 48 and 118, of the County Code, to adopt a "plainly audible" standard with respect to certain prohibited noise. -See Attached This proposed amendment would revise the County Code, Noise Ordinance, to adopt as the standard for prohibited noise as "plainly audible" at certain points beyond its source. Also, with respect to barking dogs, the draft revisions further require that barking occur at least once a minute for ten consecutive minutes in order to be prohibited. The proposed amendment does not generally deviate from the general principles of the current ordinance and keeps the general noise prohibition limited to the RP, R4, R5, and ME zoning districts, with the noise prohibition being applicable 9:00 p.m. to 6:00 a.m. It was noted the proposed amendment also expressly provides that the noise prohibition does not apply to a bona fide agricultural activity and there is included a further list of other activities that are not subject to the prohibition. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was approved by a 3-1 vote with Mr. Dunn voting no. Mr. Dunn stated he would like to see noise regulated on a case by case basis in an effort to address instances where citizen might be caring for a loved one with a medical issue. The Committee, while sympathetic, did not support this proposal. They did, however, direct the county attorney to look at ordinances from other localities to see if there might be a way to address Mr. Dunn's concern. 4. An amendment to Chapter 155 (Taxation, Article VIII (Tax on Purchasers of Utility Service), Section 155-34 (Tax Imposed, of the County Code, to correct a typographical error with respect to the tax on electric service. -See Attached This proposed amendment would correct a typographical error within Section 155- 34(A)(1)(a) (2)(c), which provides the formula by which the tax on electricity is calculated when the electricity is being consumed by multiple dwellings or units through a master meter. The subsection, currently, erroneously refers to apartment houses or multiple -family dwellings utilizing gas service, not electric service. Upon a motion by Mr. McCarthy, seconded by Mr. Dunn, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. ITEMS FOR INFORbIATION ONLY 1. Review of Committee Charter. -See Attached The Committee reviewed its charter. There were no changes proposed to the current charter. 2. Other. The Committee discussed a concern raised by a citizen in the Gainesboro District regarding the discharge of firearms near a residence. The Committee asked the county attorney to look at ordinances from other localities to see how that issue is addressed. There being no further business, the meeting was adjourned at 9:06 a.m. Respectfully submitted, Deputy County Administrator cc: Code & Ordinance Committee COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams County Attorney DATE: June 4, 2018 RE: County Code, Chapter 52 (Building Construction), Section 52-5 (Issuance of Permits) and Chapter 143 (Stormwater/Erosion and Sediment Control), Section 143-194 (Issuance, time limit, modification, maintenance, transfer and/or termination of Frederick County land -disturbing permit and VSMP authority permit) — Ordinance to require payment of delinquent real estate taxes before issuance of certain permits Section 15.2-2286(B) of the Code of Virginia permits a locality to require that any delinquent real estate taxes and any other charges that constitute a lien on a property, that are owed to the locality, and that have been properly assessed against the subject property, be paid before the locality accepts an application for a building permit or stormwater/erosion and sediment control permit for the property. A copy of Section 15.2-2286 is attached for reference. Attached is a proposed ordinance that would allow implementation of this requirement in Frederick County. At present, the County Code already prohibits a property owner from proceeding with a request for a rezoning or conditional use permit unless the taxes on the property have been paid. The proposed ordinance is consistent with that already existing prohibition, but does contain an exception for emergency construction, alterations or equipment replacement, so that such work could take place without delay. Attached is the relevant provision of the Uniform Statewide Building Code, Section 108.1, regarding emergency construction. Otherwise allowing a property owner to proceed with further development activities on a property would only allow the owner to enjoy the benefits of enhanced development of the property without having paid the taxes on the property and would raise a fairness issue relative to other County taxpayers who dutifully pay their taxes. In addition, conditioning the issuance of building and stormwater/erosion and sediment control permits on the payment of delinquent taxes on a property would provide the County with an additional valuable method of enforcement to help ensure payment of amounts properly due to the County. 107 North Kent Street • Winchester, Virginia 22601 The Public Works Committee reviewed the draft ordinance at its meeting on May 29 and recommended forwarding the draft ordinance to the Code & Ordinance Committee. Attachments cc: Public Works — Engineering Public Works — Inspections Treasurer's Office Code of Virginia Title 15.2. Counties, Cities and Towns Chapter 22. Planning, Subdivision of Land and Zoning § 15.2-2286. Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties A. A zoning ordinance may include, among other things, reasonable regulations and provisions as to any or all of the following matters: 1. For variances or special exceptions, as defined in § 15.2-2201, to the general regulations in any district. 2. For the temporary application of the ordinance to any property coming into the territorial jurisdiction of the governing body by annexation or otherwise, subsequent to the adoption of the zoning ordinance, and pending the orderly amendment of the ordinance. 3. For the granting of special exceptions under suitable regulations and safeguards; notwithstanding any other provisions of this article, the governing body of any locality may reserve unto itself the right to issue such special exceptions. Conditions imposed in connection with residential special use permits, wherein the applicant proposes affordable housing, shall be consistent with the objective of providing affordable housing. When imposing conditions on residential projects specifying materials and methods of construction or specific design features, the approving body shall consider the impact of the conditions upon the affordability of housing. The governing body or the board of zoning appeals of the City of Norfolk may impose a condition upon any special exception relating to retail alcoholic beverage control licensees which provides that such special exception will automatically expire upon a change of ownership of the property, a change in possession, a change in the operation or management of a facility or upon the passage of a specific period of time. The governing body of the City of Richmond may impose a condition upon any special use permit issued after July 1, 2000, relating to retail alcoholic beverage licensees which provides that such special use permit shall be subject to an automatic review by the governing body upon a change in possession, a change in the owner of the business, or a transfer of majority control of the business entity. Upon review by the governing body, it may either amend or revoke the special use permit after notice and a public hearing as required by § 15.2-2206. 4. For the administration and enforcement of the ordinance including the appointment or designation of a zoning administrator who may also hold another office in the locality. The zoning administrator shall have all necessary authority on behalf of the governing body to administer and enforce the zoning ordinance. His authority shall include (i) ordering in writing the remedying of any condition found in violation of the ordinance; (ii) insuring compliance with the ordinance, bringing legal action, including injunction, abatement, or other appropriate action or proceeding subject to appeal pursuant to § 15.2-2311;and (iii) in specific cases, making findings of fact and, with concurrence of the attorney for the governing body, conclusions of law regarding determinations of rights accruing under § 15.2-2307 or subsection C of § 15.2-2311. Whenever the zoning administrator has reasonable cause to believe that any person has engaged in or is engaging in any violation of a zoning ordinance that limits occupancy in a residential 2/15/2018 dwelling unit, which is subject to a civil penalty that may be imposed in accordance with the provisions of § 15.2-2209, and the zoning administrator, after a good faith effort to obtain the data or information necessary to determine whether a violation has occurred, has been unable to obtain such information, he may request that the attorney for the locality petition the judge of the general district court for his jurisdiction for a subpoena duces tecum against any such person refusing to produce such data or information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued the subpoena to quash it. Notwithstanding the provisions of § 15.2-2311, a zoning ordinance may prescribe an appeal period of less than 30 days, but not less than 10 days, for a notice of violation involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, maximum occupancy limitations of a residential dwelling unit, or similar short-term, recurring violations. Where provided by ordinance, the zoning administrator may be authorized to grant a modification from any provision contained in the zoning ordinance with respect to physical requirements on a lot or parcel of land, including but not limited to size, height, location or features of or related to any building, structure, or improvements, if the administrator finds in writing that: (i) the strict application of the ordinance would produce undue hardship; (ii) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (iii) the authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification. Prior to the granting of a modification, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. The zoning administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph. The decision of the zoning administrator shall constitute a decision within the purview of § 15.2-2311, and may be appealed to the board of zoning appeals as provided by that section. Decisions of the board of zoning appeals maybe appealed to the circuit court as provided by § 15.2-2314. The zoning administrator shall respond within 90 days of a request for a decision or determination on zoning matters within the scope of his authority unless the requester has agreed to a longer period. 5. For the imposition of penalties upon conviction of any violation of the zoning ordinance. Any such violation shall be a misdemeanor punishable by a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not less than $100 nor more than $1, 500. However, any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to 2 2/15/2018 $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of up to $7,500. However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with Chapter 13 or Chapter 13.2 of Title 55, as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term. 6. For the collection of fees to cover the cost of making inspections, issuing permits, advertising of notices and other expenses incident to the administration of a zoning ordinance or to the filing or processing of any appeal or amendment thereto. 7. For the amendment of the regulations or district maps from time to time, or for their repeal. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the governing body may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property. Any such amendment may be initiated (i) by resolution of the governing body; (ii) by motion of the local planning commission; or (iii) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the governing body or the local planning commission, who shall forward such petition to the governing body; however, the ordinance may provide for the consideration of proposed amendments only at specified intervals of time, and may further provide that substantially the same petition will not be reconsidered within a specific period, not exceeding one year. Any such resolution or motion by such governing body or commission proposing the rezoning shall state the above public purposes therefor. In any county having adopted such zoning ordinance, all motions, resolutions or petitions for amendment to the zoning ordinance, and/or map shall be acted upon and a decision made within such reasonable time as may be necessary which shall not exceed 12 months unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his motion, resolution or petition for amendment to the zoning ordinance or map, or both. In the event of and upon such withdrawal, processing of the motion, resolution or petition shall cease without further action as otherwise would be required by this subdivision. 8. For the submission and approval of a plan of development prior to the issuance of building permits to assure compliance with regulations contained in such zoning ordinance. 9. For areas and districts designated for mixed use developments or planned unit developments as defined in § 15.2-2201. 10. For the administration of incentive zoning as defined in § 15.2-2201. 11. For provisions allowing the locality to enter into a voluntary agreement with a landowner that would result in the downzoning of the landowner's undeveloped or underdeveloped property in exchange for a tax credit equal to the amount of excess real estate taxes that the landowner has paid due to the higher zoning classification. The locality may establish reasonable guidelines for determining the amount of excess real estate tax collected and the method and duration for applying the tax credit. For purposes of this section, "downzoning" means a zoning action by a 2/15/2018 locality that results in a reduction in a formerly permitted land use intensity or density. 12. Provisions for requiring and considering Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development that meet generally accepted national standards for such assessments, such as those developed by the American Society for Testing and Materials, and Phase II environmental site assessments, that also meet accepted national standards, such as, but not limited to, those developed by the American Society for Testing and Materials, if the locality deems such to be reasonably necessary, based on findings in the Phase I assessment, and in accordance with regulations of the United States Environmental Protection Agency and the American Society for Testing and Materials. A reasonable fee may be charged for the review of such environmental assessments. Such fees shall not exceed an amount commensurate with the services rendered, taking into consideration the time, skill, and administrative expense involved in such review. 13. Provisions for requiring disclosure and remediation of contamination and other adverse environmental conditions of the property prior to approval of subdivision and development plans. 14. For the enforcement of provisions of the zoning ordinance that regulate the number of persons permitted to occupy a single-family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws. 15. For the issuance of inspection warrants by a magistrate or court of competent jurisdiction. The zoning administrator or his agent may make an affidavit under oath before a magistrate or court of competent jurisdiction and, if such affidavit establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator or his agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. After issuing a warrant under this section, the magistrate or judge shall file the affidavit in the manner prescribed by § 19.2-54. After executing the warrant, the zoning administrator or his agents shall return the warrant to the clerk of the circuit court of the city or county wherein the inspection was made. The zoning administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section. B. Prior to the initiation of an application by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the authorizing body may require the applicant to produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the locality and have been properly assessed against the subject property, have been paid, unless otherwise authorized by the treasurer. Code 1950, § 15-968.5; 1962, c. 407, § 15.1-491; 1964, c. 564; 1966, c. 455; 1968, cc. 543, 595; 1973, c. 286; 1974, c. 547; 1975, cc. 99, 575, 579, 582, 641; 1976, cc. 71, 409, 470, 683; 1977, c. 177; 1978, c. 543; 1979, c. 182; 1982, c. 44; 1983, c. 392; 1984, c. 238; 1987, c. 8; 1988, cc. 481, 856; 1989, cc. 359, 384; 1990, cc. 672, 868; 1992, c. 380; 1993, c. 672; 1994, c. 802;1995, cc. 351, 475, 584, 603;1996, c. 451;1997, cc. 529, 543, 587;1998, c. 385;1999, c. 792;2000, cc. 764, 817; 4 2/15/2018 2001, c. 240;2002, cc. 547, 703;2005, cc. 625, 677;2006, cc. 04, 514, 533, 901;2007, cc. 821, 937; 2008, cc. 297, 317, 343, 581, 593, 720, 777;2009, c. 721;2012, cc. 304, 318;2014, c. 354;2017, c. 398. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 2/15/2018 ADMINISTRATION A permit or any amendments to an existing permit shall not be issued until the designated fees have been paid, except that the building official may authorize the delayed payment of fees. 107.1.2 Refunds. When requested in writing by a permit holder, the locality shall provide a fee refund in the case of the revocation of a permit or the abandon- ment or discontinuance of a building project. The re- fund shall not be required to exceed an amount which correlates to work not completed. 107.1.3 Fees for generators used with amusement devices. Fees for generators and associated wiring used with amusement devices shall only be charged under the Virginia Amusement Device Regulations (13 VAC5-31). 107.2 Code academy fee levy. In accordance with subdivi- sion 7 of Section 36-137 of the Code of Virginia, the local building department shall collect a 2.0% levy of fees charged for permits issued under this code and transmit it quarterly to DHCD to support training programs of the Virginia Building Code Academy. Localities that maintain individual or regional training academies accredited by DHCD shall retain such levy. SECTION 108 APPLICATION FOR PERMIT 108.1 When applications are required. Application for a permit shall be made to the building official and a permit shall be obtained prior to the commencement of any of the following activities, except that applications for emergency construction, alterations or equipment replacement shall be submitted by the end of the first working day that follows the day such work commences. In addition, the building official may authorize work to commence pending the re- ceipt of an application or the issuance of a permit. Construction or demolition of a building or struc- ture. Installations or alterations involving (i) the removal or addition of any wall, partition or por- tion thereof, (ii) any structural component, (iii) the repair or replacement of any required component of a fire or smoke rated assembly, (iv) the altera- tion of any required means of egress system, (v) water supply and distribution system, sanitary drainage system or vent system, (vi) electric wir- ing, (vii) fire protection system, mechanical sys- tems, or fuel supply systems, or (viii) any equip- ment regulated by the USBC. 2. For change of occupancy, application for a permit shall be made when a new certificate of occupan- cy is required under Section 103.3. 3. Movement of a lot line that increases the hazard to or decreases the level of safety of an existing building or structure in comparison to the building code under which such building or structure was constructed. 4. Removal or disturbing of any asbestos containing materials during the construction or demolition of a building or structure, including additions. 108.2 Exemptions from application for permit. Notwith- standing the requirements of Section 108.1, application for a permit and any related inspections shall not be required for the following; however, this section shall not be con- strued to exempt such activities from other applicable re- quirements of this code. In addition, when an owner or an owner's agent requests that a permit be issued for any of the following, then a permit shall be issued and any related inspections shall be required. Installation of wiring and equipment that (i) oper- ates at less than 50 volts, (ii) is for network pow- ered broadband communications systems, or (iii) is exempt under Section 102.3(1), except when any such installations are located in a plenum, penetrate fire rated or smoke protected construc- tion or are a component of any of the following: 1.1. Fire alarm system. 1.2. Fire detection system. 1.3. Fire suppression system. 1.4. Smoke control system. 1.5. Fire protection supervisory system. 1.6. Elevator fire safety control system. 1.7. Access or egress control system or delayed egress locking or latching system. 1.8. Fire damper. 1.9. Door control system. 2. One story detached structures used as tool and storage sheds, playhouses or similar uses, provid- ed the building area does not exceed 256 square feet (23.78 m�) and the structures are not classi- fied as a Group F-1 or H occupancy. Detached prefabricated buildings housing the equipment of a publicly regulated utility service, provided the floor area does not exceed 150 square feet (14 m�). 2012 VIRGINIA CONSTRUCTION CODE ORDINANCE _, 2018 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155-34 (Tax Imposed) of Article VIII (Tax on Purchasers of Utility Service) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended as follows (deletions are shown in hold- strikethrough and additions are shown in bold underline): § 155-34 Tax Imposed A. Consumer taxes (1) Electric Utility Consumer Tax (a) Levy. In accordance with Virginia Code, § 58.1-3814, effective January 1, 2001, there is hereby imposed and levied a monthly tax on each purchase of electricity delivered to consumers by a service provider, classified as determined by such provider, as follows: 1. Residential Consumers a. Such tax shall be $0.22 plus the rate of $0.003 on each KWH delivered monthly to residential consumers by a service provider not to exceed $3 monthly. b. Nonmetered charges will carry a tax at the rate of 0.04 times the nonmetered charge per month not to exceed $3 per month. 2. Nonresidential Consumers a. Such tax on nonresidential consumers shall be $0.30 per month plus $0.0024 per kilowatt hour (KWH) on the first 700 KWH delivered per month then $0.0015928 on the balance. b. Nonmetered charges will carry a tax at the rate of 0.04 times the nonmetered charge per month. c. In the case of any apartment house or other multiple -family dwelling using gas electric service through a master meter, the tax shall be equal to the sum of $3 multiplied by the number of dwelling units served. 3. The conversion of tax pursuant to this subsection to monthly KWH delivered shall not be effective before the first meter reading after December 31, 2000, prior to which time the tax previously imposed by this jurisdiction shall be in effect. (b) Exemptions. The following consumers of electricity are exempt from the tax imposed by this § 155-34A(1): the United States of America, the commonwealth and the political subdivisions thereof, including this jurisdiction. (c) Billing, collection and remittance of tax. The service provider shall bill the electricity consumer tax to all users who are subject to the tax and to whom it delivers electricity and shall report the same to the Commissioner of the Revenue for the County on a monthly basis on forms provided by the Commissioner. Such taxes shall be paid by the service provider to the Treasurer in accordance with Virginia Code, § 58.1-3814, Paragraphs F. and G., and Virginia Code, § 58.1-2901. If any consumer receives and pays for electricity but refuses to pay the tax imposed by this section, the service provider shall notify the Commissioner of the Revenue of this jurisdiction of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and, upon collection of the bill or any part thereof, must apportion the net amount collected between the charge for electric service and the tax and remit the tax portion to this jurisdiction. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to this jurisdiction. Such remittance shall be done before the last day of the calendar month following the month the tax was received by the service provider. (d) Computation of bills not on monthly basis. Bills shall be considered as monthly bills for the purposes of this subsection if submitted 12 times per year of approximately one month each. Accordingly, the tax for a bimonthly bill (approximately 60 days) shall be determined as follows: 1. The KWH will be divided by 2; 2. A monthly tax will be calculated using the rates set forth above; 3. The tax determined by Subsection A(1)(d)(2) shall be multiplied by 2; 4. The tax in Subsection A(1)(d)(3) may not exceed twice the monthly maximum tax (2) Local Natural Gas Utility Consumer Tax. (a) In accordance with Virginia Code, § 58.1-3814, there is hereby imposed and levied a monthly tax on each purchase of natural gas delivered to consumers by pipeline distribution companies and gas utilities classified by "class of consumers" as such term is defined in Virginia Code, § 58.1-3814 J., as follows: 1. Residential consumers. Such tax on residential consumers of natural gas shall be 0.04 times any nonmetered charges plus the rate of $0.055 on each CCF, delivered monthly to residential consumers, not to exceed $3 per month. 2. Nonresidential consumers. Such tax on nonresidential consumers shall be at the rates per month shown for each CCF delivered by a pipeline distribution company or a gas utility for the classes as set forth below: a. Commercial, industrial, interrupted and transportation consumers. Such tax shall be 0.04 times any non -metered charges plus the rate of $0.04 on the first 1,000 CCF delivered monthly to commercial consumers plus $0.033 for the next 29,000 CCF, and $0.025 for all CCF over 30,000. b. In the case of any apartment house or other multiple -family dwelling using gas service through a master meter, the tax shall be equal to the sum of $3 multiplied by the number of dwelling units served. 3. The conversion of tax pursuant to this subsection to monthly CCF delivered shall not be effective before the first meter reading after December 31, 2000, prior to which time the tax previously imposed by this jurisdiction shall be in effect. (b) Exemptions: The following consumers of natural gas shall be exempt from the tax imposed by this § The following consumers of natural gas shall be exempt from the tax imposed by this § 155-34A(2): the United States of American, the commonwealth and the political subdivisions thereof, including this jurisdiction.: the United States of American, the commonwealth and the political subdivisions thereof, including this jurisdiction. (c) Billing collection and remittance of tax. The service provider shall bill the natural gas consumer tax to all users who are subject to the tax and to whom it delivers natural gas and shall report the same to the Commissioner of the Revenue for the County on forms provided by the Commissioner on a monthly basis. Such taxes shall be paid by the service provider to the Treasurer in accordance with Virginia Code, § 58.1-3814, Paragraphs F. and G., and Virginia Code, § 58.1-2901. If any consumer receives and pays for natural gas but refuses to pay the tax imposed by this section, the service provider shall notify the Commissioner of the Revenue of this jurisdiction of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures, and upon collection of the bill or any party thereof, must apportion the net amount collected between the charge for natural gas and the tax and remit the tax portion to this jurisdiction. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to this jurisdiction. Such remittance shall be done before the last day of the calendar month following the month the tax was received by the service provider. (d) Computation of bills not on monthly basis. Bills shall be considered as monthly bills for the purposes of this subsection if submitted 12 times per year of approximately one month each. Accordingly, the tax for a bimonthly bill (approximately 60 days) shall be determined as follows: 1. The CCF will be divided by 2; 2. A monthly tax will be calculated using the rates set forth above; 3. The tax determined by Subsection A(2)(d)(2) shall be multiplied by 2; 4. The Tax in Subsection A(2)(D)(3) may not exceed twice the monthly maximum tax. (3) Telephone Service Tax. There is hereby imposed and levied by the County upon each and every purchaser of local exchange telephone service a tax in the amount of 4% of the charge (exclusive of any federal or state tax thereon) made by the seller against the purchaser with respect to each line, which tax in every case shall be collected by the seller from the purchaser and shall be paid by the purchaser unto the seller for the use of the County at the time the purchase price or such charge shall become due and payable under the agreement between the purchaser and the seller. B. The tax hereby imposed and levied on purchases with respect to local exchange telephone service shall apply to all charges made for local exchange telephone service, except local messages which are paid for by inserting coins in coin - operated telephones. A cap on the telephone service tax in the amount of $450 is hereby established. Enacted this day of , 2018. Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Blaine P. Dunn Judith McCann -Slaughter Gary A. Lofton Robert W. Wells Shannon G. Trout A COPY ATTEST Kris C. Tierney Frederick County Administrator CODE & ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, June 28, 2018 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Shannon Trout, Chair; Blaine P. Dunn; J. Douglas McCarthy, and Stephen Butler Committee Members Absent: Derek Aston and James Drown Staff present Roderick B. Williams, County Attorney, Jay E. Tibbs, Deputy County Administrator; Sheriff Lenny Millholland; Mark Fleet, Building Official; Lorraine Mossburg representing the Commissioner of the Revenue; Karen Orndosff representing Public Works; Treasurer C. William Orndoff, Jr.; Wayne Corbett, Deputy Treasurer; and Chad DeHaven, Account Analystwith the Treasurer's Department. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Amendment to Chapter 48 (Animals and Fowl, Article I (Dog Licensing; Rabies Control, Section 48-18 (License Taxes, of the County Code, to allow for lifetime licensing of dogs. -See Attached This proposed amendment would enable the issuance of lifetime dog licenses and would permit zero cost lifetime licenses for dogs adopted from the Frederick County Esther Boyd Animal Shelter. The intent of the proposed ordinance would be to reduce the administrative burden of the County's current dog licensing system and encourage adoptions from the Shelter. Upon a motion by Mr. Dunn, seconded by Mr. McCarthy, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. Amendments to Chapter 52 (Building Construction), Section 52-5 (Issuance of Permits) and Chapter 143 (Stormwater/Erosion and Sediment Control, Section 143-194 (Issuance, time limit, modification, maintenance, transfer and/or termination of Frederick County land -disturbing permit and VSMP authority permit, of the County Code, to require payment of delinquent real estate taxes before issuance of certain permits. -See Attached This proposed amendment would require that any delinquent real estate taxes and other charges that constitute a lien on a property, that are owed to the locality, to be paid before the locality accepts an application for a building permit or stormwater/erosion and sediment control permit for the property. This proposed ordinance would apply to new construction and additions but would not be applicable to emergency work. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. Amendments to Chapters 48 and 118, of the County Code, to adopt a "plainly audible" standard with respect to certain prohibited noise. -See Attached This proposed amendment would revise the County Code, Noise Ordinance, to adopt as the standard for prohibited noise as "plainly audible" at certain points beyond its source. Also, with respect to barking dogs, the draft revisions further require that barking occur at least once a minute for ten consecutive minutes in order to be prohibited. The proposed amendment does not generally deviate from the general principles of the current ordinance and keeps the general noise prohibition limited to the RP, R4, R5, and ME zoning districts, with the noise prohibition being applicable 9:00 p.m. to 6:00 a.m. It was noted the proposed amendment also expressly provides that the noise prohibition does not apply to a bona fide agricultural activity and there is included a further list of other activities that are not subject to the prohibition. Upon a motion by Mr. McCarthy, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was approved by a 3-1 vote with Mr. Dunn voting no. Mr. Dunn stated he would like to see noise regulated on a case by case basis in an effort to address instances where citizen might be caring for a loved one with a medical issue. The Committee, while sympathetic, did not support this proposal. They did, however, direct the county attorney to look at ordinances from other localities to see if there might be a way to address Mr. Dunn's concern. 4. An amendment to Chapter 155 (Taxation, Article VIII (Tax on Purchasers of Utility Service), Section 155-34 (Tax Imposed, of the County Code, to correct a typographical error with respect to the tax on electric service. -See Attached This proposed amendment would correct a typographical error within Section 155- 34(A)(1)(a) (2)(c), which provides the formula by which the tax on electricity is calculated when the electricity is being consumed by multiple dwellings or units through a master meter. The subsection, currently, erroneously refers to apartment houses or multiple -family dwellings utilizing gas service, not electric service. Upon a motion by Mr. McCarthy, seconded by Mr. Dunn, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing, with a recommendation of approval. The motion was unanimously approved. ITEMS FOR INFORbIATION ONLY 1. Review of Committee Charter. -See Attached The Committee reviewed its charter. There were no changes proposed to the current charter. 2. Other. The Committee discussed a concern raised by a citizen in the Gainesboro District regarding the discharge of firearms near a residence. The Committee asked the county attorney to look at ordinances from other localities to see how that issue is addressed. There being no further business, the meeting was adjourned at 9:06 a.m. Respectfully submitted, Deputy County Administrator cc: Code & Ordinance Committee COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams County Attorney DATE: June 4, 2018 RE: County Code, Chapter 155 (Taxation), Section 155-34 (Tax Imposed) The Commissioner of the Revenue's Office recently discovered a typographical error in County Code § 155-34(A)(1)(2)(c), which provides the formula by which the tax on electricity is calculated when the electricity is being consumed by multiple dwellings or units through a master meter. As presently written, the subsection erroneously refers to apartment houses or multiple -family dwellings utilizing gas service, not electric service. The attached draft shows the correction of the typographical error noted above. Attachment cc: Ellen Murphy, Commissioner of the Revenue Action: PLANNING COMMISSION BOARD OF SUPERVISORS November 15, 2017 February 21, 2018 March 14, 2018 April 25, 2018 May 23, 2018 June 13, 2018 July 25, 2018 September 12, 2018 ORDINANCE Public Hearing Held; Postponed for 90 days Recommended Denial Public Hearing Held; Postponed Public Hearing Held; Postponed Public Hearing Held; Postponed Postponed Denied (vote rescinded August 22, 2018) AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-17 O-N MINERALS/dba CARMEUSE LIME & STONE AMENDMENT TO REZONING #03-06 WHEREAS, REZONING #05-17, was submitted by O-N Minerals (Chemstone) Company to rezone 394.2± acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with amended proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to amend the proffers pertaining to viewshed plans, berms, landscaping, and other matters, with an amendment bearing final revision date of August 14, 2018 being considered. The subject properties are located west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). The properties are located in the Back Creek Magisterial District and are identified by Property Identification Nos. 83-A-109 and 90-A-23 (portions of), respectively; and WHEREAS, the Planning Commission held a public hearing on this rezoning on November 15, 2017 and postponed the application for 90 days and; the Planning Commission then held a public meeting on this rezoning on February 21, 2018 and recommended denial; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2018 and postponed the application to the April 25, 2018 meeting with a continued public hearing; and PDRes 908-18 -2- WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 25, 2018 postponed the application to the May 23, 2018 meeting with a continued public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 23, 2018 and postponed the application to the June 13, 2018 meeting with a continued public hearing; and WHEREAS, the Board of Supervisors postponed rezoning on June 13, 2018 to the July 25, 2018 meeting with a continued public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 25, 2018 and voted to deny the rezoning; the vote was rescinded on August 22, 2018 and scheduled for September 12, 2018; and WHEREAS, the Board of Supervisors held a public hearing on September 12, 2018; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this amendment to Rezoning #03-06 to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive 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 rezone two (2) parcels of land, 394.2± acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with proffers amending specific sections of the Proffer Statement dated May 22, 2008, as indicated in the First Amendment to Proffer Statement (amendment dated August 14, 2018), as voluntarily proffered in writing by the Applicant and the Property Owner and attached. This ordinance shall be in effect on the date of adoption. Passed this 12th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Shannon G.Trout Blaine P. Dunn PDRes 908-18 Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator REZONING APPLICATION #05-17 O-N MINERALS/dba CARMEUSE LIME & STONE Staff Report for the Board of Supervisors Prepared: August 30, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 11/15/17 Public Hearing Held; Postponed for 90 Days Planning Commission: 02/21/18 Public Hearing Held; Recommended Denial Board of Supervisors: 03/14/18 Public Hearing Held; Postponed for 30 Days Board of Supervisors: 04/25/18 Public Hearing Held; Postponed to May 23, 2018 Board of Supervisors: 05/23/18 Public Hearing Held; Postponed to June 13, 2018 Board of Supervisors: 06/13/18 Postponed to July 25, 2018 Board of Supervisors: 07/25/18 Denied (vote rescinded 8/22/18) Board of Supervisors: 09/12/18 Pending -Public Hearing PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. LOCATION: The properties are located west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). EXECUTIVE SUMMARY & CONCLUSION FOR THE 09/12/18 BOARD OF SUPERVISORS MEETING: The Planning Commission at their February 21, 2018 meeting unanimously recommended denial of this application. The Board of Supervisors held a public hearing for this item on March 14, 2018 and postponed the application until the April 25, 2018 meeting. The application was then postponed to the May 23rd Board of Supervisors meeting to provide the Applicant additional time to work on the application and was then postponed to the June 13, 2018 to allow additional time to review revised proffers. At the June 13, 2018 meeting the application was postponed to the July 25, 2018 meeting. On July 27, 2018 the Board of Supervisors denied Rezoning 905-17; however, on August 22, 2018 the vote was rescinded, and the rezoning was scheduled for September 12, 2018 with a public hearing. With this revision, the Applicant is proposing an addendum to the approved proffers from Rezoning 903-06 which was approved on May 28, 2008. Please note that the addendum proposes a format that differs from past amendments. The proposed addendum includes the following: Proffer Introduction: • All references to "Applicant" throughout the Proffer Statement are hereby replaced with "Owner." The word "to" in the third sentence of the second opening paragraph is hereby replaced with the word "with." Rezoning # 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 2 • The Generalized Development Plan has been revised as of February 14, 2018. An additional sheet has been added to the Generalized Development Plan titled "Generalized Development Plan Attachment" dated February 14, 2018. The Generalized Development Plan and the Generalized Development Plan Attachment are collectively referred to as the "Amended GDP." All references in the original Proffer Statement to the GDP are hereby replaced with Amended GDP. The Amended GDP is new Exhibit 1. • The following plats have been deleted from Exhibit 2: GDP, Overall Plan, Phase I Plan, Phase H Plan, Phase III Plan, Phase IV Plan, Viewshed 413, Viewshed 513, Viewshed 6, Viewshed 7 and Viewshed 8. • The following plats have been added to Exhibit 2: North Viewshed 1, North Viewshed 2 and North Viewshed 3. • The following sentences are being added to the end of the second opening paragraph: • The Generalized Development Plan included in the Proffer Statement approved on May 28, 2008 ("GDP") is hereby replaced as it relates to the installation and location of berms and viewsheds. All other aspects of the GDP remain the same and in full force and effect. • Exhibit 4 shall now be known as Exhibit 3. • Exhibit 5 shall now be known as Exhibit 4. • Exhibits 6A and 6B shall now be known as Exhibits 5A and 5B respectively. Revisions to Proffer 2.2 The language of Proffer 2.2 shall be replaced in its entirety with the following: A combination of landscaping, earthen berms and fencing shall be either maintained or installed as depicted and described on the Amended GDP around the Properties in the areas depicted on the Amended GDP. Owner shall install berms in the areas where berms are depicted on said Amended GDP. The berms for Berm D shall have a maximum height of 30 feet and a minimum height of 10 feet. As depicted on the Amended GDP, the berms for Berm D shall be installed at specified heights. The Amended GDP designates the berms for Berm D in four numbered sections. Section 1 shall be installed to a height of 20 feet. Section 2 shall be installed to a height of 30 feet and not encroach on the cemetery and/or stream. Section 3 shall be installed to a height of 10 feet. Section 4 shall be installed to a minimum height of 20 feet. No spoil pile shall exceed the height of the highest berm north of Chapel Road. Berm C which is located on the Property south of Chapel Road and north of Nieswander Road shall be installed after permitting of the above -described Property for mining and at least two years (24 calendar months) prior to the extraction of material for processing. The berms shall be landscaped to minimize impacts to the viewshed of the surrounding community and shall be installed after permitting of the Properties for mining and before any extraction of material for processing, and at least two years (24 calendar months) prior to the extraction of material for processing and in the Rezoning 4 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 3 locations depicted on the Amended GDP. The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Plantings will include a grass seed mix recommended by the National Park Service that is currently in use at the adjacent Cedar Creek and Belle Grove National Historical Park. Owner shall adhere to the screening requirements of the Frederick County Code. In addition to requirements of the Frederick County Code, the Owner will take all appropriate measures to ensure survival of plantings. The landscaping shall be subject to reasonable approval of the Zoning Administrator of Frederick County and upon consultation with the State Forester. With respect to Berm A, located on Tax Parcel 90-A-2, not owned by the Owner, the berm will be constructed by the Owner as the tenant under a 100-year lease of Parcel 90-A-2, with authority under the lease to construct Berm A. There shall be no extraction of material for processing outside the berms. The field between Berm D Section 1 and Westernview shall not be used for parking or storage of mining equipment, and any vehicles and/or equipment shall be staged in this area only while they are engaged in maintenance, monitoring and/or exploration activities. Staff Notes — Berm Timing: o Berms A and Berm B (original Phase I) were to be installed within 10 years of *the approval of*theproffer (2018). o Berms C and Berm D (original Phase II) were to be installed no later than 10 years prior to the commencement of* mining north of* Chapel Road o The proff er amendment removes the requirement that the berms be installed 10 years prior to mining north of* Chapel Road The proposed amendment states that the berms would be installed after permitting and two years prior to the extraction of material for processing. Staff Notes — Berm Heights: o Proffer 2.2 Berm D - Section I — Berm Section I is the section south of* the Westernview Subdivision. The viewshed from the quarry to the adjacent Subdivision was originally proffered at a 20'. o Proffer 2.2 Berm D - Section 2 — This revision proposes a 30' berm which is consistent with the approved proffers. Proffer 2.2 Berm D - Section 3 — The northern section of* Chapel Road shows a 10' berm which is consistent with the approved proffer. o Proffer 2.2 Berm D - Section 4 — This revision proposes a 20' berm which is consistent with the approved proffers. Staff Notes — Berm Landscaping: o This proffer reduces the timing to include two years prior to extraction of* materials, which reduces the established timeline that would provide additional established landscaping protection for adjacent properties. New Proffer 2.4 Normal hours of operation for the portion of the Property north of Chapel Road shall be only 6:00 a.m. to 10:00 p.m. Monday through Friday. No operations shall take place on any major holiday. Revision to Proffer 5.1 The following sentence shall be added to the end of Proffer 5.1: Rezoning 4 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 4 In addition to the provisions set forth above, the Owner agrees to install at least one monitoring well within six (6) months of the approval of this Amended Proffer Statement. Revision to Proffer 7.1 The following paragraph shall be added to Proffer 7.1: Provided Owner has received a written request from a property owner within fifteen hundred feet (1,500') of the Property rezoned herein, the Owner shall establish and maintain a notification methodology that provides notice to the requesting property owner of any and all blasting that will occur north of Chapel Road as part of the extraction of material for processing or site development. Such methods may include, but not be limited to, telephone calls, text messages or emails. Revision to Proffer 9.1: In the seventh sentence of Proffer 9.1 the phrase "the Applicant's and/or its" shall be replaced with "an independent." The following sentences shall also be added to the end of Proffer 9.1: A stationary seismograph reader shall be installed at a strategic location north of Chapel Road. Such location shall be chosen in coordination with and at the direction of a licensed engineer well versed in this function. Revision to Proffer 12.1 The following sentence shall be added to the end of Proffer 12.1: All lighting shall be turned off after working hours. Revisions to Proffer 14.2 The following sentence shall be added to the end of Proffer 14.2: The Owner also agrees that the existing fence line/tree line along Section 1 of Berm D will remain and be maintained using best management and farm practices. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. Followin,- the required public hearin,-, a decision re,-ardin,- this rezonin'- application by the Board of*Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of*Supervisors. Rezoning # 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 5 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of*Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this staff report. Reviewed Action Planning Commission: 11/15/17 Public Hearing Held; Postponed for 90 Days Planning Commission: 02/21/18 Public Hearing Held; Recommended Denial Board of Supervisors: 03/14/18 Public Hearing Held; Postponed for 30 Days Board of Supervisors: 04/25/18 Public Hearing Held; Postponed to May 23, 2018 Board of Supervisors: 05/23/18 Public Hearing Held; Postponed to June 13, 2018 Board of Supervisors: 06/13/18 Postponed to July 25, 2018 Board of Supervisors: 07/25/18 Denied (vote rescinded 8/22/18) Board of Supervisors: 09/12/18 Pending -Public Hearing PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 83-A-109 and 90-A-23 (portions of) PROPERTY ZONING: EM (Extractive Manufacturing) District PRESENT USE: Quarry and Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: EM (Extractive Manufacturing) East: RA (Rural Areas) West: RA (Rural Areas) PROPOSED USES: Quarry Use: Residential Use: Shenandoah County Use: Residential/Agricultural Use: Residential/Agricultural Rezoning # 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 6 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History: The original Frederick County zoning map (U. S.G.S. Middletown Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The subject properties were rezoned to the EM (Extractive Manufacturing) District with the approval of Rezoning #03-06 on May 28, 2008 (see attached original proffers). 2) Comprehensive Plan: The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 203 5 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The subj ect properties are located within the Rural Areas of Frederick County and are outside of the limits of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Rural Areas land use designation is defined in the Comprehensive Plan as all areas outside of the designated Urban Development Area. The primary land uses in the Rural Areas are agriculture and forests. The primary growth pattern consisting of widely scattered, large lot residential development. Transportation and Access The Eastern Road Plan of the Comprehensive Policy Plan does not cover this portion of the County. Per the 2006 rezoning, site access continues to be via the existing quarry entrance on McCune Road (Route 757) — See proffer 2.1 3) Historic: The Historic Resources Advisory Board (HRAB) reviewed the original 2006 rezoning application on December 20, 2005. This rezoning does not increase the historic impacts from the original rezoning application. Staff would note that the Applicant has completed the 8-acre land dedication to the Cedar Creek Battlefield Foundation as stated in proffer 3.1, as well as, the Rezoning 4 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 7 Phase I Archeological Survey per proffer 3.2. 4) Proffer Statement — Dated June 13, 2005; revised and approved May 28, 2008: With this revision, the Applicant is proposing the addendum to the proffers: Proffer Introduction: • All references to "Applicant" throughout the Proffer Statement are hereby replaced with "Owner." • The word "to" in the third sentence of the second opening paragraph is hereby replaced with the word "with." • The Generalized Development Plan has been revised as of February 14, 2018. An additional sheet has been added to the Generalized Development Plan titled "Generalized Development Plan Attachment" dated February 14, 2018. The Generalized Development Plan and the Generalized Development Plan Attachment are collectively referred to as the "Amended GDP." All references in the original Proffer Statement to the GDP are hereby replaced with Amended GDP. The Amended GDP is new Exhibit 1. • The following plats have been deleted from Exhibit 2: GDP, Overall Plan, Phase IPlan, Phase H Plan, Phase III Plan, Phase IV Plan, Viewshed 413, Viewshed 513, Viewshed 6, Viewshed 7 and Viewshed 8. • The following plats have been added to Exhibit 2: North Viewshed 1, North Viewshed 2 and North Viewshed 3. • The following sentences are being added to the end of the second opening paragraph: • The Generalized Development Plan included in the Proffer Statement approved on May 28, 2008 ("GDP") is hereby replaced as it relates to the installation and location of berms and viewsheds. All other aspects of the GDP remain the same and in full force and effect. • Exhibit 4 shall now be known as Exhibit 3. • Exhibit 5 shall now be known as Exhibit 4. • Exhibits 6A and 6B shall now be known as Exhibits 5A and 5B respectively. Revisions to Proffer 2.2 The language of Proffer 2.2 shall be replaced in its entirety with the following: A combination of landscaping, earthen berms and fencing shall be either maintained or installed as depicted and described on the Amended GDP around the Properties in the areas depicted on the Amended GDP. Owner shall install berms in the areas where berms are depicted on said Amended Rezoning # 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 8 GDP. The berms for Berm D shall have a maximum height of 30 feet and a minimum height of 10 feet. As depicted on the Amended GDP, the berms for Berm D shall be installed at specified heights. The Amended GDP designates the berms for Berm D in four numbered sections. Section 1 shall be installed to a height of 20 feet. Section 2 shall be installed to a height of 30 feet and not encroach on the cemetery and/or stream. Section 3 shall be installed to a height of 10 feet. Section 4 shall be installed to a minimum height of 20 feet. No spoil pile shall exceed the height of the highest berm north of Chapel Road. Berm C which is located on the Property south of Chapel Road and north of Nieswander Road shall be installed after permitting of the above -described Property for mining and at least two years (24 calendar months) prior to the extraction of material for processing. The berms shall be landscaped to minimize impacts to the viewshed of the surrounding community and shall be installed after permitting of the Properties for mining and before any extraction of material for processing, and at least two years (24 calendar months) prior to the extraction of material for processing and in the locations depicted on the Amended GDP. The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Plantings will include a grass seed mix recommended by the National Park Service that is currently in use at the adjacent Cedar Creek and Belle Grove National Historical Park. Owner shall adhere to the screening requirements of the Frederick County Code. In addition to requirements of the Frederick County Code, the Owner will take all appropriate measures to ensure survival of plantings. The landscaping shall be subject to reasonable approval of the Zoning Administrator of Frederick County and upon consultation with the State Forester. With respect to Berm A, located on Tax Parcel 90-A-2, not owned by the Owner, the berm will be constructed by the Owner as the tenant under a 100-year lease of Parcel 90-A-2, with authority under the lease to construct Berm A. There shall be no extraction of material for processing outside the berms. The field between Berm D Section 1 and Westernview shall not be used for parking or storage of mining equipment, and any vehicles and/or equipment shall be staged in this area only while they are engaged in maintenance, monitoring and/or exploration activities. Staff Notes — Berm Timing: o Berms A and Berm B (original Phase I) were to be installed within 10 years of *the approval of*theproffer (2018). o Berms C and Berm D (original Phase II) were to be installed no later than 10 years prior to the commencement of* mining north of* Chapel Road o The proff er amendment removes the requirement that the berms be installed 10 years prior to mining north of* Chapel Road The proposed amendment states that the berms would be installed after permitting and two years prior to the extraction of material for processing. Staff Notes — Berm Heights: o Proffer 2.2 Berm D - Section I — Berm Section I is the section south of* the Westernview Subdivision. The viewshed from the quarry to the adjacent Subdivision was originally proffered at a 20'. o Proffer 2.2 Berm D - Section 2 — This revision proposes a 30' berm which is consistent with the approved proffers. Proffer 2.2 Berm D - Section 3 — The northern section of* Chapel Road shows a 10' berm which is consistent with the approved proffer. o Proffer 2.2 Berm D - Section 4 — This revision proposes a 20' berm which is consistent with the approved proffers. Rezoning 4 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 9 Staff Notes — Berm Landscaping: o This proffer reduces the timing to include two years prior to extraction of* materials, which reduces the established timeline that would provide additional established landscaping protection for adjacent properties. New Proffer 2.4 Normal hours of operation for the portion of the Property north of Chapel Road shall be only 6:00 a.m. to 10:00 p.m. Monday through Friday. No operations shall take place on any major holiday. Revision to Proffer 5.1 The following sentence shall be added to the end of Proffer 5.1: In addition to the provisions set forth above, the Owner agrees to install at least one monitoring well within six (6) months of the approval of this Amended Proffer Statement. Revision to Proffer 7.1 The following paragraph shall be added to Proffer 7.1: Provided Owner has received a written request from a property owner within fifteen hundred feet (1,500') of the Property rezoned herein, the Owner shall establish and maintain a notification methodology that provides notice to the requesting property owner of any and all blasting that will occur north of Chapel Road as part of the extraction of material for processing or site development. Such methods may include, but not be limited to, telephone calls, text messages or emails. Revision to Proffer 9.1: In the seventh sentence of Proffer 9.1 the phrase "the Applicant's and/or its" shall be replaced with "an independent." The following sentences shall also be added to the end of Proffer 9.1: A stationary seismograph reader shall be installed at a strategic location north of Chapel Road. Such location shall be chosen in coordination with and at the direction of a licensed engineer well versed in this function. Revision to Proffer 12.1 The following sentence shall be added to the end of Proffer 12.1: All lighting shall be turned off after working hours. Revisions to Proffer 14.2 The following sentence shall be added to the end of Proffer 14.2: The Owner also agrees that the existing fence line/tree line along Section 1 of Berm D will remain and be maintained using best management and farm practices. Rezoning # 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 10 All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/15/17 MEETING: Staff reported this is a request to amend the proffers associated with Rezoning #03-06 which was approved in 2008. Staff continued, at that time 394.2+/-acres was rezoned from RA (Rural Areas) District to EM (Extractive Manufacturing) District. Staff noted the Applicant is seeking to revise the proffers pertaining to: Viewshed Plans, berm heights, installation timing, landscaping exhibit removal, and cemetery access. A location map of the property was presented. Staff reported the amendment seeks to remove the previously proffered Overall Plan, Phasing I, H, III and IV Plans, and the twelve (12) Viewshed Plans which were all components of the General Development Plan (GDP). This amendment seeks to eliminate these components and only utilize one (1) GDP. Staff presented the GDP which is generally consistent with the outline of the previously approved GDP in regard to the Berm locations on the properties. Staff reviewed the proffer revisions: Viewshed Plans, Berm Heights, and Berm Installation Timing: • The viewshed plans from the approved rezoning depicted the proposed berm heights that would provide screening and protection for surrounding properties. • Berm heights ranged from 10' to 30' as depicted on the viewshed plans. • Berm timing — Berms A and B were to be installed within 10 years of rezoning approval (installation by 2018). Berms C and D were to be installed no later than 10 years before the commencement of mining north of Chapel Road. • This amendment removes all minimum/maximum heights and timing is now prior to the commencement of any extraction of materials. Cemetery Access: • Amendment seeks to eliminate the Marsh Brook Lane access and provide a new right- of-way that would provide access to the cemetery via Chapel Road. (the approved rezoning stated that the Applicant would improve the Marsh Brook Lane access within 12 months of completion of the cemetery restoration) • The proposed amendment does not contain a timeline for the installation of this accessway and does not contain a backup if agency approval cannot be obtained for the new access point on Chapel Road. Staff noted it appears this proposed proffer amendment will have a great impact on the surrounding residential properties and the Applicant has not provided justification that the berm revisions and the changes requested would mitigate the impacts on the surrounding properties. A Commissioner inquired about the rights to water supply in paragraph 4.1 of the proffers. Staff explained that a proffer amendment was received from Mr. Ty Lawson prior to the meeting. Staff and Rezoning # 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 11 the County Attorney were not able to review these prior to this meeting and cannot comment on them at this time. A Commissioner asked how long the Applicant has been working with Staff on these revisions. Staff noted in June 2017 comments were provided to the Applicant. A Commissioner inquired, in the original proffers there were commitments as far as pre -blast surveys of the properties surrounding the quarry; who was responsible in making sure the Applicant performed those commitments that were agreed to in the original rezoning; is the County involved in that, specifically the surveys concerning property conditions, water well conditions, and seismic monitoring. Staff reported it is the Applicant's responsibility to make sure they are fulfilling their proffers; should it arise that those proffers are not being fulfilled or there is a complaint, that proffer compliance would be investigated and determined if the proffers are being met or not. A Commissioner asked if Staff had received comments from residents that the proffers were not implemented as originally agreed to. Staff commented no, not at this time. A Commissioner commented that if the proposed amendment were approved, that the height of the berms would be up to the Applicant. Staff stated that is correct, under the proposed amendment the berm height would be at the Applicants discretion and they eliminated the landscaping detail. The Commissioner commented the current approval offers more to work with; the new proposal has no specificity. A Commissioner commented for clarity and should ignore what was submitted just a few hours ago and focus on what is in the agenda. A Commissioner asked how close the berms on the north end are from the residential strip of community housing there. Staff deferred this question to the Applicant as to if they have an exact distance planned for the old and new proffers. Mr. Thomas (Ty) Moore Lawson, P.C. with Lawson & Silek, PLC representing the Applicant came forward. Mr. Lawson reported this proffer amendment is to specifically address the berms; on the north end of the property. In response to a Commissioner, Mr. Lawson noted when this exercise was started it was written in a way to just focus on things they wanted to change, as things developed it was pointed out with this rezoning being relatively old that a lot has been completed, therefore what has been accomplished should be considered. Mr. Lawson continued, 36+ acres has been conveyed to the Cedar Creek Battlefield and Article 4 references two old agreements that existed with the Sanitation Authority in 2005; those agreements were terminated, and a new agreement was put in place. Mr. Lawson reviewed the proffer update that was sent to Staff just prior to this meeting: 8-acre historical reserve grew to 36-acres; Phase I archeological study; Two (2) cemeteries were restored; ground water labeled as completed but under way; pre -blast surveys are ongoing (have contacted 105 families); noise requirements are the same; well monitoring is ongoing; phasing of berms A and B are complete. Regarding the berms Mr. Lawson explained the intent now is to have irregular berms in height and different vegetation. Mr. Lawson provided photos of existing berms and of new proposed berms placing berms behind vegetation. Mr. Lawson addressed the question of timing for the berms; the existing proffers states the berms be installed ten (10) years prior to mining activities, this has been removed and replaced with commencement and behind the tree lines so there is less disturbance. Mr. Lawson provided photos of the viewshed and the GDP. A Commissioner inquired why the berms are being located behind the vegetation. Mr. Lawson commented the Applicant has a better idea where most of the stone is underground therefore the point is to be able to install the berms 100 ft. off the property line in turn making the impacts less severe. The Commissioner commented, to simplify; relocating the berms now depends on where the high -quality mineral is to be mined. Mr. Lawson stated that is partially correct; the other part is a fresh set of eyes reviewed this and determined relocation would be better for neighbors. The Commissioner noted relocating the berms have no bearing on the height of the berms. Mr. Lawson explained there was not a requirement to make the berms 30 ft., but Rezoning # 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 12 somehow became part of the public process; this is not something the company wanted, and the intent is to vary the berm sizes. A Commissioner requested clarification that the 85 property owners within the property boundary have been contacted regarding pre -blast surveys. Mr. Lawson noted the Applicant contacted all property owners, also offered pre -blast surveys and well monitoring at the Applicant's expense; some have taken advantage of this and others have not. The Commissioner asked if someone comes forth years down the road with problems on their property or structure, how would Chemstone defend this. Mr. Lawson explained the property owners should take advantage of these offers in advance therefore having something to go by. Mr. Lawson noted the existing proffers do not change obligations to one another. Complaints and questions are addressed by the company at all times. The Commissioner asked how often seismic waves are monitored for the 85 properties. Mr. Lawson stated the monitoring is ongoing. Mr. Mark Basel, Site Production Manager at the Middletown, Virginia operation came forward and reported the operation at Chemstone monitors every blast. They have permanent seismic graphs at three (3) different residences toward the southern end of the property. Mr. Basel noted currently there are no monitors at the northern end where there is no mining yet; they do place mobile units if necessary. A Commissioner inquired has there been any reported impacts/damages from blasting. Mr. Basel commented to his knowledge they have not been out of compliance; they do get calls if the blast is felt stronger than normal. He reiterated, they do monitor all blasts. There were nine (9) citizens that spoke in opposition of this rezoning. The concerns shared were similar: delay action on this item, no contact from the Applicant regarding well and pre -blast surveys, berms would not provide enough protection and language in the proffers very ambiguous. Mr. Lawson responded to comments: the drawings/maps are scaled, it is approximately 100 feet from the property line under the existing proffers, the Applicant has copies of notifications/letters that were sent to property owners for pre -blast surveys and well monitoring. A Commissioner reminded everyone this item is not about the current land use which was previously approved; it pertains to the proffers being amended. He commented, he is agreeable to a delay on this and noted community engagement is extremely important. A Commissioner commented, this item must be acted on in a timely manner and cannot be moved to Spring 2018; he agrees to a postponement. The Commissioner continued, he urges the citizens to take advantage of the offer made by Carmeuse for pre -blast surveys and well monitoring so there can be a base starting point down the road. He concluded, the language is very ambiguous and vague, the Applicant needs to put back in the drawings and examples and put things in writing so that it is very clear. A motion was made, seconded, and unanimously passed to recommend postponement for 90 days. (Note: Commissioners Unger and Cline were absent from the meeting) PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/21/18 MEETING: Staff reported this is a request to amend the proffers associated with Rezoning #03-06 which was approved in 2008. Ms. Perkins continued, this request was postponed for 90 days at the Planning Commission's November 15, 2017 meeting to provide the Applicant additional time to discuss the Rezoning 4 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 13 proposal with neighbors. Staff explained the Applicant is seeking to revise the proffers pertaining to: Viewshed Plan, berm heights, installation timing, Landscaping exhibit removal and Cemetery access. Staff concluded it appears this proposed proffer amendment will have a great impact on the surrounding residential properties and the Applicant has not provided justification that the berm revisions and the changes requested would mitigate the impacts on the surrounding properties. Mr. Michael Wilmoth from Carmeuse presented a brief overview of what has transpired since the November meeting: held two community meetings; had face to face meetings with residents; handled numerous phone calls. He provided a presentation of the revised proffers and various mapping. A Commission Member inquired if the open field on the combined comparison will be mined in the future. Mr. Wilmoth stated not at this time. A Commission Member suggested possibly zoning this piece back to RA. Mr. Ty Lawson, representing the Applicant noted there is no intent at this time. A Commission Member suggested, if the berms are behind the tree line, why not include map or protection in the proffers for residents' years down the road and could be include in proffer 2.2. The Commissioner noted the wording in proffer 2.2 can be easily misinterpreted. A Commission Member suggested the wording be changed to offer protection to residents in the future. Mr. George McKotch of Carmeuse came forward and provided information pertaining to the berms and future mining. A Commission Member reminded everyone that is what is presented in the agenda is what is to be voted on this evening. The Public Hearing was opened and six (6) residents came forward and shared their opposition to this rezoning citing concerns such as: requests not fully addressed by Carmeuse; community meetings did not involve everyone, truck traffic on roads, all berms to be 30 feet and residents losing property value. A Commission Member commented the items presented tonight are not acceptable, he sees no reason to reduce the height of the berms and the residents are not satisfied with any of the changes. Mr. Lawson noted the mission was to meet with neighbors; the berm height was the majority of the discussion and they received conflicting requests from neighbors. Mr. Lawson concluded this item needs to move forward and there is no time for a delay request. A motion was made to deny this request, seconded, and unanimously recommended for denial. (Commissioner Mohn was absent from the meeting) BOARD OF SUPERVIORS SUMMARY AND ACTION FROM THE 03/14/18 MEETING: Staff provided an overview of the application and the revisions requested by the Applicant. Thomas Moore Lawson, representing Carmeuse, introduced Michael Wilmoth of Carmeuse who provided an overview of the request. Mr. Wilmoth said the company met with the neighbors of the property in question and the consensus was that moving the berm and changing the berm timeline were good things. He discussed a list of 11 items that were requested by the neighbors saying Carmeuse has been able to agree to eight of them. Mr. Lawson proceed to provide additional information and an overview of their request. Dr. Clarence R. Geier then discussed the Phase I Archeological Survey which was conducted on the property. Thirteen citizens spoke during the public hearing. Mr. Lawson responded to the public hearing comments and he appreciated the time and comments of the Board and the proj ect's neighbors. He said Rezoning 4 05-17 CARMEUSE LIME & STONE August 30, 2018 Page 14 there have been seven amendments to the proffers and highlighted the proposed changes. The item was postponed to the April 25, 2018 meeting with a continued public hearing. BOARD OF SUPERVIORS SUMMARY AND ACTION FROM THE 04/25/18 MEETING: The item was postponed to the May 23, 2018 meeting with a continued public hearing. BOARD OF SUPERVIORS SUMMARY AND ACTION FROM THE 05/23/18 MEETING: Staff provided an overview of the application and the revisions requested by the Applicant. The Applicant provided a presentation and provided an overview of the revised proffers presented to the Board at the meeting. The Board of Supervisors requested clarification on the hours of operation; the Applicant agreed to modify the hours of operation to remove the allowance for changes due to demand. Six citizens spoke during the public hearing. The item was postponed to the June 13, 2018 meeting with a continued public hearing to allow additional time to review the revised proffers present to the Board of Supervisors at their May 23, 2018 meeting. BOARD OF SUPERVIORS SUMMARY AND ACTION FROM THE 06/13/18 MEETING: The item was postponed to the July 25, 2018 meeting with a continued public hearing. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 07/25/18 MEETING: Staff provided an overview of the application and the revisions requested by the Applicant. The Applicant provided a presentation and provided an overview of the revised proffers presented to the Board at the meeting. The Board discussed the proposed hours of operation and expressed concern over the ability operate on Saturdays and Sundays. Seven citizens spoke during the public hearing; concern was expressed over water, hours of operation, berm timing and landscaping. Following the public hearing, the Applicant stated that they would amend the proffers to restrict the hours of operation to Monday -Friday only. The Board of Supervisors also discussed the ability to adjust the berm locations without a proffer amendment to allow for the smaller footprint. Ultimately the rezoning was denied by the Board of Supervisors. Followin- the required public hearing, a decision rezardin'- this rezonin'- 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. REZ'#'05-17 f�G1f�3 SHENANDOAH COUNTY VIRGINIA 624 0 r / i 727 A Applications Sewer and Water Service Area Q Parcels B1 (Neighborhood Business District) ; B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) a MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) .,.r r r r 7ss ' 62s �4 REZ #0 NrZ 633 • p, 627 62s I szi 625 7-627 va $' Iddletowncg sza cgs; qN, 624 627 Ir 1 a' o LL F { J DROVER L HUNFSMr e� O�0 Fp letown REZ # 05 - 17 Note: O-N Minerals Frederick County Dept of Planning & Development (Chem$tane) CO. 107 N Kent St e PINS: Suite 202 83 - A - 109,90 - A - 23 Winchester, VA 22601 Rezoning from EM to EM 540 - 665 - 5651 Zoning Map Map Created: October 18, 2017 Staff: cperkins 0 1,600 3,200 6,400 Feet Applications Sewer and Water Service Area Q Parcels REZ#05-17 O-N Minerals (Chemstone) Co. PINS: 83 - A - 109, 90 - A - 23 Rezoning from EM to EM Location Map Note: Frederick County Dept of Planning & Development N Kent St e Suite e 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: October 18, 2017 Staff: cperkins 0 1,600 3,200 6,400 Feet ils (Chemstone) Co. 4-23 �t I to EM Use Map VAI •l 83 A 109 � 83 A1109 8 Applications Sewer and Water Service Area Q Parcels Long Range Land Use Residential ® Neighborhood Village ® Urban Center - Mobile Home Community Business Highway Commercial Mixed -Use Mixed Use Commercial/Office Mixed Use Industrial/Office - Industrial ® Warehouse ® Heavy Industrial - Extractive Mining Commercial Rec \m°� `j Rural Community Center ® Fire & Rescue ® Sensitive Natural Areas ® Institutional - Planned Unit Development Park Recreation School Employment Airport Support Area ® B2 / B3 Q Residential, 4 u/a High -Density Residential, 6 u/a ® High -Density Residential, 12-16 u/a Q Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources 90 A 23 i> • A �.. 81 81 WARREN COUNTY VIRGINIA KLL 4 US - I / Note: O-N Minerals Frederick County Dept of Planning & Development (Chemstane) CO. 107 N Kent St e PINS: Suite 202 83 - A - 109,90 - A - 23 Winchester, VA 22601540 - 665 - 5651 Use Rezoning from EM EM Map Created: October 18, 2017 Long Range Land Use Map Staff: cperkins 0 2,000 4,000 8,000 Feet FIRST AMENDMENT TO PROFFER STATEMENT (amendment dated August 14 9 2018) REZONING: RZ# 03-06 Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 394.2 Acres +/-; Portions of Tax Map Parcels 83-A-109 ("parcel 109") and 90-A-23 ("parcel 23") (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company ("Owner") APPLICANT: O-N Minerals (Chemstone) Company PROJECT NAME: Chemstone-Middletown ORIGINAL DATE OF PROFFERS: May 27, 2008 (final edit before approval on May 28, 2008) The undersigned Owner hereby submits its First Amendment to Proffer Statement, which First Amendment states that the following conditions, to the extent amended, shall supersede the indicated provisions of the Proffer Statement on the Properties that have been made prior hereto. In the event that the above -referenced First Amendment to Proffer Statement is not granted as applied for by the Owner, this First Amendment to Proffer Statement shall be deemed withdrawn and shall be null and void. The following sections of the Proffer Statement dated May 27, 2008 are amended as follows: All references to "Applicant" throughout the Proffer Statement are hereby replaced with "Owner." The word "with" in the third sentence of the second opening paragraph is hereby replaced with the word "to." The Generalized Development Plan has been revised as of February 14, 2018. An additional sheet has been added to the Generalized Development Plan titled "Generalized Development Plan Attachment" dated February 14, 2018. The Generalized Development Plan and the Generalized Development Plan Attachment are collectively referred to as the "Amended GDP." All references in the original Proffer Statement to the GDP are hereby replaced with Amended GDP. The Amended GDP is new Exhibit 1. The following plats have been deleted from Exhibit 2: GDP, Overall Plan, Phase I Plan, Phase II Plan, Phase III Plan, Phase IV Plan, Viewshed 413, Viewshed 513, Viewshed 6, Viewshed 7 and Viewshed 8. • The following plats have been added to Exhibit 2 and are attached: North Viewshed 1, North Viewshed 2 and North Viewshed 3. • The following sentences are being added to the end of the second opening paragraph: The Generalized Development Plan included in the Proffer Statement approved on May 28, 2008 ("GDP") is hereby replaced as it relates to the installation and location of berms and viewsheds. All other aspects of the GDP remain the same and in full force and effect. • Exhibit 4 shall now be known as Exhibit 3. • Exhibit 5 shall now be known as Exhibit 4. • Exhibits 6A and 6B shall now be known as Exhibits 5A and 5B respectively. Revisions to Proffer 2.2 The language of Proffer 2.2 is replaced in its entirety with the following: A combination of landscaping, earthen berms and fencing shall be either maintained or installed as depicted and described on the Amended GDP around the Properties in the areas depicted on the Amended GDP. Owner shall install berms in the areas where berms are depicted on said Amended GDP. The berms for Berm D shall have a maximum height of 30 feet and a minimum height of 10 feet. As depicted on the Amended GDP, the berms for Berm D shall be installed at specified heights. The Amended GDP designates the berms for Berm D in four numbered sections. Section 1 shall be installed to a height of 20 feet. Section 2 shall be installed to a height of 30 feet and not encroach on the cemetery and/or stream. Section 3 shall be installed to a height of 10 feet. Section 4 shall be installed to a minimum height of 20 feet. No spoil pile shall exceed the height of the highest berm north of Chapel Road. Berm C which is located on the Property south of Chapel Road and north of Nieswander Road shall be installed after permitting of the above -described Property for mining and at least two years (24 calendar months) prior to the extraction of material for processing. The berms shall be landscaped to minimize impacts to the viewshed of the surrounding community and shall be installed after permitting of the Properties for mining at least two years (24 calendar months) prior to the extraction of material for processing and in the locations depicted on the Amended GDP. The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Plantings will include a grass seed mix recommended by the National Park Service that is currently in use at the adjacent Cedar Creek and Belle Grove National Historical Park. Owner shall adhere to the screening requirements of the Frederick County Code. In addition to requirements of the Frederick County Code, Owner will take all appropriate measures to ensure survival of plantings. The landscaping shall be subject to reasonable approval of the Zoning Administrator of Frederick County and upon consultation with the State Forester. With respect to Berm A, located on Tax Parcel 90-A-2, not owned by the Owner, the berm will be constructed by the Owner as the tenant under a 100-year lease of Parcel 90-A-2, with authority under the lease to construct Berm A. There shall be no extraction of material for processing outside the berms. The field between Berm D Section 1 and Westernview shall not be used for parking or storage of 2 mining equipment, and any vehicles and/or equipment shall be staged in this area only while they are engaged in maintenance, monitoring and/or exploration activities. New Proffer 2.4 Hours of operation for the portion of the Property north of Chapel Road shall be only 6:00 a.m. to 10:00 p.m. Monday through Friday. No operations shall take place on any major holiday. Revision to Proffer 5.1 The following sentence is added to the end of Proffer 5.1: In addition to the provisions set forth above, the Owner agrees to install at least one monitoring well within six (6) months of the approval of this Amended Proffer Statement. Revision to Proffer 7.1 The following paragraph is added to Proffer 7.1: Provided Owner has received a written request from a property owner within fifteen hundred feet (1,500') of the Property rezoned herein, the Owner shall establish and maintain a notification methodology that provides notice to the requesting property owner of any and all blasting that will occur north of Chapel Road as part of the extraction of material for processing or site development. Such methods may include, but not be limited to, telephone calls, text messages or emails. Revision to Proffer 9.1: In the seventh sentence of Proffer 9.1 the phrase "the Applicant's and/or its" is replaced with "an independent." The following sentences are added to the end of Proffer 9.1: A stationary seismograph reader shall be installed at a strategic location north of Chapel Road. Such location shall be chosen in coordination with and at the direction of a licensed engineer well versed in this function. Revision to Proffer 12.1 The following sentence is added to the end of Proffer 12.1: All lighting shall be turned off after working hours. Revisions to Proffer 14.2 The following sentence is added to the end of Proffer 14.2: The Owner also agrees that the existing fence line/tree line along Section 1. ofBerrn D will remain and be maintained lasing best management and farm practices. Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY By: Ian Karkaria Its: Director of Op rations, Eastern Regionz "/) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: T he foregoing instrument was acknowledged before me this I4*:rday of Ay qu s +- 2018, by Ian Karkaria, Director of Operations, Eastern Region of O-N Minerals (Chemstonej Company. TARY PUBLIC My commission expires: ► �pS1N D� Jaime Ann DeFlaven Registration number: "� y 1 1 " NOTARY PUBLIC OF Y z Commonwealth of Virginla Reg. #7384271 October Coflmis i n 2019 ires �Rr e� M PROPOSED PROFFER STATEMENT REZONING: RZ# 03-06 Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 394.2 Acres +/-; Portions of Tax Map Parcels 83-A- 109 ("parcel 109") and 90-A-23 ("parcel 23") (the "Properties") RECORD OWNER APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) O-N Minerals (Chemstone) Company O-N Minerals (Chemstone) Company ("Applicant") Chemstone - Middletown June 13, 2005 January 16, 2006 March 18,2008 May 20, 2008 February 8, 2006 April 18,2008 May 22,2008 August 28, 2006 May 14,2008 May 27, 2008 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit I," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, O-N Minerals (Chemstone)" dated May 2008 (the "GDP"). The Applicant attaches and incorporates the GDP, which includes a plan titled "Generalized Development Plan"; a plan titled "Overall Plan"; four plans titled "Phase I Plan", "Phase 11 Plan", "Phase III Plan", and "Phase IV Plan"; and twelve viewshed plats titled "Viewshed IA, Viewshed 113, Viewshed 2, Viewshed 3, Viewshed 4A, Viewshed 4B, Viewshed 5A, Viewshed 5B, Viewshed 6, Viewshed 7, Viewshed 8 and Viewshed 9". The aforementioned documents are and shall be incorporated by reference herein as "Exhibit 2." The Applicant proffers that its development of the Properties will be in substantial conformity with the GDP. 1. Land Use 1.1 The Properties manufacturing es shall be developed with extractive manufacturiland uses p ID pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Re clamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following uses on the Properties: Oil and natural gas extraction; Asphalt and concrete mixing plants; Brick, block and precast concrete products; Cement and lime kilns; and Coal and natural gas -fired power plants or facilities which sell power to the local utility or power grid* *This is not to be interpreted as a restriction against using power plants on the Properties as necessary to support extractive mining activities. 2. Site Development 2.1 Properties' access via public secondary roads shall be limited to the existing quarry entrance on McCune Road (Route 757). Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 Earthen berms shall be installed around the active quarry pits in the location shown on the GDP. The berms shall have a maximum height of 30 feet and a minimum height of 10 feet. The berms (Berm A and Berm B) depicted on the Phase I Plan of the GDP shall be installed within 10 years of the approval of the rezoning. The berms (Berm C and Berm D) depicted on the Phase 11 Plan of the GDP shall be installed no later than 10 years prior to the commencement of mining north of Chapel Road. The berms shall be landscaped to minimize impacts to the viewshed of the surrounding community. Such landscaping shall consist of a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. The description of the plants to be installed on the berms are more specifically described in the attached and incorporated "Exhibit 3." The landscaping shall be subject to reasonable approval by the Zoning Administrator of Frederick County and upon consultation with the State Forester. With respect to Berm A, located on Tax Parcel 90-A-2, not owned by the Applicant, the berm will be constructed by the Applicant as the tenant under a 100-year lease of Parcel 90-A-2, with authority under the lease to construct Berm A. 2.3 The existing overburden stock pile on the southeast comer of the current Middletown plant site shall be reduced in height to the greater of 30 feet or the height of the adjacent tree line (lying to the east) within 5 years of the approval of the rezoning. 3. Historic Resources 3.1 The Applicant shall create an 8 acre historic reserve as shown on the GDP and on Exhibit 1, within which archaeological resources and other historic activities have been identified. Further, the Applicant shall place restrictions on the reserve land for how the reserve will be used by the Properties' owner and future owners. A copy of said restrictions are attached and incorporated as "Exhibit 4." Said reserve land shall be dedicated to the Cedar Creek Battlefield Foundation, Inc. within 60 days of final rezoning. [NOTE: the aforementioned 8 acre historic reserve property is not to be included in the property to be rezoned.] 3.2 The Applicant shall complete a Phase I Archaeological Survey of parcels 23 and 109. The Phase I Archaeological Survey of parcel 23 shall be completed within 12 months of the approval of the rezoning. For the remaining tracts of land, the Applicant shall complete a Phase I Archaeological Survey of a particular tract of land before any inin-ing activities commence on that property. The Applicant may commence mining activities on a particular portion of the Properties before the completion of the Phase I survey for all of the Properties, but under any and all circumstances, no mining operations shall commence on any portion of the Properties until after the Phase I Archeological Survey has been completed on said portion of the Properties. Said survey shall locate, identify, and comprehensively record all historic sites, buildings, structures, and objects on the parcels. Such survey shall be conducted in accordance with the guidelines for a Phase I Survey as defined in the Virginia Department of Historic Resources "GUIDELINES FOR CONDUCTING CULTURAL RESOURCE SURVEY IN VIRGINIA - Chapter 7: Guidelines for Archaeological Investigations in Virginia," 1999 (Rev. Jan. 2003). 3.3 Two cemeteries have been identified on the Properties. The first cemetery is located adjacent to Chapel Road and is in an area that is not designated for mining and is also outside of the berming area. That cemetery is currently undergoing a historical restoration. After the historical restoration, the Applicant will follow the recommendations of the Applicant's historian. The second cemetery is located in the area where berming is slated to be installed. The Applicant proffers the berming will be located in such a way as to not encroach on the cemetery. This cemetery is also currently undergoing a historical restoration. After the historical restoration, the Applicant will follow the recommendations of the Applicant's historian. In addition, the cemetery is accessed through a right-of-way which is of record providing access to the cemetery from Route 625. The Applicant proffers to improve said right-of-way so that it can be used for access by the descendants of those in the cemetery within 12 months of completion of the cemetery restoration. Once said right-of- way has been improved, the Applicant will provide continued maintenance and have use of same. 4. Rights to Water Supply 4.1 The Applicant shall guarantee the Frederick County Sanitation Authority ("FCSA") rights to the water resources available on the Properties in accordance with the existing agreements between the Applicant and FCSA. 5. Ground Water 5.1 The Applicant shall install a minimum of three monitoring wells to effectively establish and monitor the groundwater level in order to avoid detrimental impacts to surrounding properties. Said wells shall be installed prior to any land disturbance of the portion of the Properties identified as parcel 109 by the GDP, and shall be located within 500 feet of the Properties' boundaries. A minimum of one monitoring well shall be installed within 500 feet of the parcel 109 Properties' boundary. The exact location of the monitoring wells is depicted on the Overall Plan of the GDP. 5.2 Subject to and consistent with the provisions of paragraph 9.2, the Applicant shall remediate any adverse impacts to wells located on surrounding properties caused by mining operations on the Properties. Costs associated with any required remediation shall be borne by the Applicant. Furthermore, the Applicant agrees to participate in a pre -blast survey and well monitoring survey, as further described herein. The intent of the aforementioned surveys is to provide a mechanism to remediate any adverse impacts to wells and/or structures which are caused by the mining operations on the Properties. 6. Dust Control 6.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 7. Blastiniz Control 7.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. In addition, the Applicant agrees to have an approved blasting plan in place at all times. An example of the current blasting plan is attached. Further, in addition, the Applicant agrees that there will be no block holing or adobe blasting conducted on the Properties. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 8. Traffic 8.1 The Applicant's current number of truck loads leaving the site on a daily basis is approximately 63, and the Applicant has had higher numbers of recorded truck loads leaving the plant to a total of 114 truck loads per day. The Applicant, in its proffer, is agreeing to restrict truck traffic to the Properties to 86 truck loads per day averaged over the prior 30 days, but intends to also have an ability to increase the number of truck loads in the event of an emergency or circumstances, which could be caused by issues driven by the Applicant's customers, suppliers, and/or carriers. Examples of such shall include, but are not limited to, an interruption of rail service to the site and/or any sites that are serviced by rail from the Applicant's Properties and/or any other interruption of the ability to deliver materials at the Applicant's site or any other sites which are owned, controlled, or by business relationship connected with the Applicant's site. To that end, and in any circumstance, the Applicant agrees to restrict truck traffic to the Properties to a maximum of 200 truck loads per day averaged over the prior 30 days through the scale house hauling mined materials on and/or off the proposed quarry site from the existing quarry entrance. The maximum number of truck loads will be regulated by the Applicant and its successors and/or assigns. A record of the actual number of truck loads per day shall be kept current (and maintained for one year) by the Applicant at its scale house office. Said record shall be made available in a form which confirms the number of trips and the form will be produced to Frederick County officials upon demand with reasonable notice. The Applicant proffers there will be no truck loads from the Properties on Sundays and the hours of truck loading on Saturdays will be no later than 7:00 p.m. The Applicant further proffers it will instruct all truckers as to the proper route of travel from the Properties to Route 11, which shall exclude both Belle Grove and Chapel Roads. 9. Pre -Blast Surveys 9.1 The Applicant will offer voluntary pre -blast surveys of properties that are within 1,500 feet of the boundaries of parcel 23 and parcel 109. The aforementioned surveys will be conducted by an independent engineering firm, which will investigate and document the pre -blast conditions of the participants' residences and/or outbuildings. The Applicant and its successors and assigns will contact all citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109, and monitor the tax roles for Frederick County on an annual basis in order to contact any citizens who have recently purchased the aforementioned property. This contact will be made by the Applicant and its successor and assigns to invite citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109 to participate in the pre -blast surveys. Contact will be made by registered return -receipt letters, mailed annually from the time of the rezoning. All citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109 can, and are encouraged to, participate in the survey by contacting the Applicant and scheduling a mutually agreeable time for the independent engineering firm to visit the party's residence to document and survey the pre -blast condition of the party's residences/outbuildings following the procedures set forth in the attached and incorporated "Exhibit 5." If the property owner agrees to participate, the Applicant's and/or its engineering firm shall visit and inspect the party's residences/outbuildings to monitor the condition of the same. A record of those pre -blast conditions will be kept by the independent engineering firm with copies retained by the Applicant and the participating property owner. In the event of a change in condition, which is alleged by the participating property owner as a result of mining operations, the engineering firm will then conduct a follow-up visit and investigation and use the pre -blast information as a control and basis for subsequent analysis. Said analysis shall be used to determine the cause of any negative change in condition. If it is determined there is a change in condition in the residences/outbuildings, which has been caused by the Applicant's mining activities on the Properties, then the Applicant agrees to rernediate and/or repair said negative change in condition to restore it to its status prior to blasting operations. In addition, the Applicant agrees to establish seismic monitoring of the proposed quarry site to monitor all blasting activities and keep records of said seismic monitoring as required by the VDMME. 9.2 The Applicant will offer voluntary well monitoring surveys of properties that are e within 1,500 feet of the boundaries of parcel 23 and parcel 109. The aforementioned surveys will be conducted by an independent well drilling firm or hydrogeologist, which will investigate and document the pre -mining conditions of the participants' wells. The Applicant and its successors and assigns will contact all citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109, and monitor the tax roles for Frederick County on an annual basis in order to contact any citizens who have recently purchased the aforementioned property. This contact will be made by Applicant and its successor and assigns to invite citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109 to participate in the well monitoring surveys. Contact will be made by sending annually registered return -receipt letters. All citizens who have property located within 1,500 feet of the boundaries of parcel 23 and parcel 109 can and are encouraged to participate in the survey by scheduling a mutually agreeable time for the independent well drilling firm to visit the party's residence to document and survey the pre -blast condition of the party's well following the procedures set forth in the attached and incorporated "Exhibit 6A and 6B." A record of these pre -mining conditions will be kept by the independent well drilling firm, with copies retained by the Applicant and the participating property owner. In the event a change of condition is alleged by the property owner as a result of mining operations, the Applicant will provide an interim replacement water supply as necessary to supply the property owner with water. The well drilling firm will then conduct a follow-up visit and investigation and use pre - blast information as a control and basis for subsequent analysis. If it is determined that the status of the neighboring property owner's well has deteriorated from the condition it was in at the time of the pre -blast survey, then the Applicant agrees to restore the well to its condition existing at the time of the pre -blast survey and/or provide the adjoining property owner a replacement well of the same condition (or better) of that which existed at that time of the pre -blast survey. 9.3 In addition to the above, the Applicant agrees to maintain in force an insurance policy or other sufficient security for the period of time covering the active mining operations on the Properties and to maintain in effect for a period of one year from the date of cessation of said mining operations, and to cover the costs of any rernediation and/or repair, which is required pursuant to the terms of sections 9.1 and 9.2 above. Said policy or surety shall be in the amount of no less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Frederick County may review from time to time the amount of the policy or surety to evaluate whether the minimum amount of $1,000,000.00 is sufficient to protect the cost of any remediation and/or repair, which is required pursuant to the terms of sections 9.1 and 9.2. In the event Frederick County believes that the amount of the policy or surety needs to be increased for the reasons set forth above, then the Applicant and Frederick County shall reach an agreement as to the proper amount of policy or surety. The approval of said increase shall not be unreasonably withheld, conditioned or denied by either party. The Applicant shall annually provide to the County a Certificate of Insurance from the insurance carrier. 10. Reclamation 10.1 It is intended that pursuant to the terms of the agreement reached with the FCSA that at the time of cessation of mining activities, the Properties' quarry pits shall be used by the FCSA as water reservoirs. The control of the water levels in the quarry pits shall be handed over to the FCSA. It is intended that the quarry pits at that time will contain quantities of water monitored and directed by the FCSA, and which will be conducive to the general betterment of natural habitat. 11. Noise Abatement 11.1 Operations on the Properties will not exceed the VDMME Engineering's decibel guidelines. The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 12. Lighting 12.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other- governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 13. Air Permit 13.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 14. Environment 14.1 In addition to compliance with the VPDES water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality consistent with the water quality in Cedar Creek so as to maintain an environment conducive to natural habitats. No additional water discharge points will be added. 14.2 The Applicant agrees that all areas currently in trees on property owned by the Applicant, which is outside of the rezoned Properties and identified on the GDP as "Middletown Woods", shall be maintained using best management practices. 14.3 The Applicant proffers to keep its mining operations at least 200 feet from the edge of Cedar Creek. 15. Phasing 15.1 The Applicant agrees that mining activities on the Properties shall occur with the following phasing and as set forth on the Phasing Plans of the GDP: After the rezoning is approved, the Applicant will start creating berms on the newly rezoned Properties and the Applicant shall start quarrying in the area identified as parcel 23. Mining in parcel 23 shall occur from the time period commencing with the approval of the rezoning for a period of time which is estimated to be twenty years. For the newly zoned area, which is north of the existing EM zoned property, and south of Chapel Road, mining activities will commence no earlier than ten years from the date that the rezoning referenced herein is approved. For the newly zoned area, which lies north of Chapel Road, mining will commence no earlier than twenty years from the date that the rezoning referenced herein is approved. SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, M_ Its: O-N MINERALS (CHEMSTONE) COMPANY &P64OFI� C r3 9 0 _- COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: ,-10 ffi The foregoing instrument was acknowledged before me this Clr day of 2008, by ✓ �0_10 y1 - y 'e K'W� ptR PUBLIC My commission expir( Registration number: 07 PARCEL 90-A-23 101'AL ARFA 116.89 ACRES PRiJPOSFD REZONING: 61E ACRES PA)ktEL-85A-1109 -�'., L;EGEIND TOIAI 0.RFA 5395ACRE5 NONE SUBJECT PARCELS AOPOSED t:ELOM\G. 327.2 :1CRES ' •..... EXIS I NG PERNII IAREA ' PROPOSIAZONINO EOUNPARY ►� 4'u.,K: PROPOSED MONFfORING WELL eyp�NDAA�� , ry.I PC y . y.-BERM D P'�b�i'-_ •`� i Llp Mil L RO.ID KIIF' SF'` -- FU! CERY P t &Il DM(3 � t F CISiINL wCLMLiCRY PoFC"iA{- CF lR. ACCESS AO.aU � - R's I F V 4BE:RM C e M F APP—XIMATF FrLL. S ac lov ar �. t y. NtDl �i-ic]Nk • R'o N - Kt�US � �L i \ C rG JG � tqi, �J9 Wry / } 1 RUWrf, \ J , MIDDLE o1VN� �✓// CORPORATE - ,- LIMIT AREA DEEDED TO f . CLDAR CREHK6ATTLFFIFin FOUNDATION, INC PENNONI ASSOCIATES INC. ti/ 1 Y Minerals t_.r �J e J tol G (� Pe�, FSaEbto;53 GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, VIRGINIA PR" soni MAY 2008 m b w® REVISED February 14. 2018 EXHIBIT _ n-cu�r�aFa PAR E t 83 A 9 1�—� TOTAL AR! 1 ACR MEMO 5 zSxROPOSFD 2k,T0'�11U i"7. A( ftF5 srCpwEu i!I /Ir''�� / PROCI CDZ NGBOLNDARI oa ♦ t ��� i Ij 9 O'.'7ORItiGk'FL I � -- r ✓.� _ '�1■+�yNpF, 0 'Y f wl `$ IN(� �.. t.`. s w r .� R pt R" emu_ Cf ttT Rr , ��� '� ? xl�nntt`'a,�. ♦♦ A �rtNc, � fi I2r- C.iMfi .MLIf KY A((k Si R(i:\11 ?J S - ( Rim M1M1L _ BERM c Nt .i iRRt .� OG6 YS - 1 T (�Yi Y11pIf 1 CcIC .... y./ Wr f .rGWN #♦ �kD '� i r°� ♦ / t4 J t iZ P l PARChL 90 A 2 3 7 TO IAA A-, RLS j• j. PROPOSED REIL)NIN( 6 9 ACRES — 8 ,o .�" '� 4 �"n D!„�%/, kp J /l 1; BERM MIDULF I OWk CORPORATE- S Y LIMIT 1 1, t oow .�� AREA 1$LUED 10 VVV `mot LDARCR FTK BAITLI'FIFLD - FOUNDATION, INC PENNONI ASOCIATESINC. / - V7 Lnp ra,9Js /�Jp_ '!J�tio;n"/�. _ �ennoni s 3 GENERALIZED EDERCKOCO NETY VIRGINIA ATTACHMENT REVISED FEBRUARY 14, 2018 • VECETATM eFOM 6 EisN-&, V]FWSHFD ]A HORRONTAL SCALE+ 1' - 600' VERTICAL SCALE: r - 300' .l, r ) r ,1. 'J I .f _pS VS i ., cza " KEY MAP NO SCALE R.., . 0-T �T Minerals G`hemsto e E+.pneera Svveprs, F11n I,onmcvp, AIIIIeca. qjR,A Frederick County, Virginia 85-0"' MAY 2000 & VEM7ATIONANDWN 8 EWNU LN-Ese Off: NOTM 114,11, -vllll. 11-- W,= VIEWSHED I B HORIZONTAL 80ALE: T = 600' VERTICAL SCALE: r - 300' KEY MAP NO SCALE O-AT Minerals Chemstone Frederick County, Virginia MAY 2004 _ , o •- kmlH Nt9 WA 5i(q im hW m 1mll{#IIiUOtw}kW'N#'iHW H#IIi#fNIL1l4yp AimM00430JLf(p7p(pLW},y�{pnNp}�IvC7Ni0 yy0I311NPW1AtNJ4ff0$Ni]RHAkO$iW 9ppgHiWAktm tHa {Mq q {7i#I6f4914H5b111NH.Q4#9H.Va71 SSH HRH5E4#591i #H SIHQH ik##H SH SN 5ttW 0f99w fiiT ntW FW;NOd1ff17H@1NAA{Wjtp779{0}p1�N#tlONfP; piWp}Mp ENOlHG067iW#4A • VEff.7�lh`'!1®GWY1 � E]�Tfq t11E� 01146MSc 116!§A VIEWSHED 2 HOR¢OWAL SCALE; r a 600' VERTICAL 90AL.E: r 30a, rl { 0 r � of t I 03� li KEY MAP NO seam P: ! -a .. Aa.s ..,.p 0-N Minerals Chemstone Ha,rl. Enq re. Savayor•. 1 Londecap< Archtecie, _i I o-s Frederick County, Virginla MAY 2008 - *GEYA7rN *iQ% S OW4 L,MJW UFHB*W kolM, VIEWSHED 3 HOFU t'%� 30 ALE:t;600• VEHiIC/J -KEY MAP NO 6CALIE 0--7\,T Minerals C"t"Mmstone Frederick County, Virginia MAY POW ....... PI A. �' PHRA al Wall, ON �O 11.0 2400 �ICO 11� 7— eIW 91� IOICOJ 13� 1��. 161� 17— �81. IIIW murmQ vmm q�t"E Nmw VIEWSHED 4A SCALZ f- WO' KEY MAP NO SGALE a nom M - 01\T Minerals Chemstone FredericK County, Virginia MAY 2000 -- — 1 PRePa � , i_ 3aMTt1,E pppuax.9 va+1x-- o- �a -pro m e o �o r �aroa +. v n�ao .s+oo +crao ne+oa zr+oazz+ca z3+ao u+oo zs+oo 1. . �i'APCii B10Mf1 B'r.J�lT'u lNl�ritFO.YIGi NCry—W. i VIEWSHED 5A SCALE= f = Sao• 1 r J J Y f ri, KEY MAP NO SCALE 0-ZNT Al inerals Cberly.s-tone Engnp.rx Surveyor,. Plonroen. tandacvpa Ivchitec,e a Eaa= P',moly SMe; R R+A w�= r<.. A Frederick County, Virginia MAY 2049 ' l North View bed 1 Fo.�h ��o ae�n--l- 1�0 ��o 66 p -OC, 9-C,' f) - 1, C, I , 1) 1: 11 00 i 1-00 13'00 6 - 1/,00 6-00 9.M p"M 21�00 3 c c Q 3 ?, ,j Nofth Viewshed 2 ns Po=Pa 0J CBS 7 M �1 __ — — — _ �0 _ , 00 roo 0,00 :+00 2.00 OJ 4-00 �-00 5+0-1 7-UO 8-00 5+00 10._0 .+00 1200 3-OG 11-00 I�-00 16,nO '7 :'. 600 00 II // - PA7tL Mt K,-A RK f / - 0 Axf M 4 1 i renx�a z u� pn � �r Ap North Viewshed 3 ;f 40 »0 700 - .� 661 _ 660 ��JO 1+00 2+00 l0 i,.X :*G, 6 :10 J+00 II+00 S+OC 1:'-'!J 1i+00 12+lo t3�00 iu+00 .,, 00 l.i'00 17,00 15+00 !9a C1, ?:-na 'I ?-00 22+00 24--00 27+00 PE: 00 080008915 DEED OF GIFT' THIS DEED OF GIFT is made and dated this 25 h day of July, 2008 by and between O-N MINERALS (CHEMSTONE) COMPANY, a Delaware Corporation, whose address is P.O. Box 71, Strasburg, Virginia 22657, hereinafter referred to as GRANTOR, and CEDAR CREEK BATTLEFIELD FOUNDATION, INC., a Virginia corporation, whose address is P.O. Box 229, Middletown, Virginia 22645, hereinafter referred to as GRANTEE. WITNESSETH: That for and in consideration of the conveyance hereby made, and other good and valuable considerations, the receipt of which is hereby acknowledged, Grantor hereby does grant, bargain, convey and sell with Special Warranty of Title, unto the Grantee all the Grantor's right, title, and interest in those certain tracts or parcels of real property having the following Legal Description: All that certain tract or parcel of land with all easements and appurtenances thereunto belonging, lying, and being in the Back Creek Magisterial District, Frederick County, Virginia, containing 8 acres more or less, the metes and bounds whereof are shown on a certain plat of survey by Carl J. Rinker & Associates dated July 9, 2008, which plat shall be recorded with this Deed of Gift as "Exhibit A" thereto ("Property"). Reference is hereby made to "Exhibit A" and the attachments and references therein contained for a further and more particular description of the Property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements, and rights of way and is also subject to the following conditions: Document prepared by: Thomas Moore Lawson, Esquire P.O. Box 2740 Winchester, VA 22604 Return to: Thomas Moore Lawson, Esquire P.O. Box 2740 Winchester, VA 22604 Tax Map No, portion of 90-A-23 Grantee's Address: Consideration: $0.00 P.O. Box 229 Middletown, VA 22645 This deed is exempt from all recordable taxes by virtue of Section 58.1-811 (D) of the Code of Virginia. CD N :EXHIBIT 1 CD N -r iv • There shall be no structures built on the Property unless first approved by Grantor; • The Property shall be maintained in a neat and orderly condition at all times and any trees maintained using best management practices; • Grantor further reserves the right to take any action reasonably required to maintain the Property in the event the Grantee fails to do so. This right shall include, but not be limited to, the right to enter upon the Property to do such work on the Property as may be required to effect the conditions on the Property described herein. In addition, this conveyance is made subject to the following first right of refusal. With the agreement of Grantee as evidenced by its signature below, Grantor hereby reserves a first right of refusal for any future sale, transfer or conveyance of the Property (or portion thereof) by the Grantee except a sale, transfer or conveyance to an entity that is (a) related to the Grantee and (b) a charitable entity established for the preservation of historic properties. In the event that Grantee receives a bona fide offer or tenders a bona fide offer for the sale, transfer or conveyance of the Property (or any portion thereof) to any person or entity, then Grantee shall forthwith send to Grantor a notice in writing of its desire or intention to sell, transfer or convey the Property (or a portion thereof) accompanied by a copy of the offer. Upon receipt of that notice, Grantor shall have thirty (30) days from the date of its receipt of the notice to notify Grantee of its desire and agreement to purchase the Property (or the portion thereof) under the terms and conditions as contained in that offer. If Grantor gives Grantee notice of its intent to purchase the Property (or a portion thereof) as described above, Grantee shall sell the Property (or portion thereof) to Grantor under the terms and conditions contained in the offer. 2 If Grantor elects not to purchase the Property (or portion thereof) or does not respond to the notice and offer from the Grantee, then Grantee may sell the Property (or portion thereof), but only in accordance with the terms and conditions contained in the bona fide offer. If the transaction contemplated by the bona fide offer is not completed within ninety (90) days after the expiration of the last day upon which Grantor has the right to give notice of its intent to purchase, then Grantee shall not thereafter sell or offer the Property (or any portion thereof) unless and until it again complies with the above requirements. WITNESS the following signatures and seals: GRANTOR: O-N MINERALS (CHEMSTONE) COMPANY B 6—'1 G cfi-t0M Its: ArCr- Oparc.,}iois hk1 ^CL2(- COMMONWEALTH OF VIRGINIA 6I*/COUNTY of to -wit: rr The fore instrument instrument was acknowledged before me this • J' day of July, 2009, by l�,.C•-v , Igei,f s„c, of O-N Minerals (Chemstone) Company. My commission expirq Registration No. ,�`N;:nP,0 /'�� CD N CEDAR CREEK BATTLEFIELD FOUNDATION, INC. ti.. nl"7 ".13, By: Its: COMMONWEALTH OF VIRGINIA�� � CITY/COUNTY of rLK/ to -wit: The fore oing instrument was acknowledged before me thidqday of July, 2008, by n/ r �11L 6- � of Cedar Creek Battlefield Foundatio , Inc. U) / i "'u Notary Public My commission expires: Registration No.: 5 %/ e 9\``�,�urru,,,rr, NN pN• I: • HAUSt� �:'• pUBIlC `•�G REG k 357188 x = =c-): MVCG,U.,AISSIQN - O EXi=iRES I Q rrrrrrrnn��`�� 0 SITE VICINITY MAP CALE: 1- - 2.00( SURVEYOR'S CERTIFICATION: I, CARL J. RINKER, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA. HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS THE SAME PROPERTY CONVEYED TO O—N MINERALS (CHEMSTONE) COMPANY BY DEED RECORDED IN DEED BOOK 582 AT PAGE 122 AMONG THE LAND RECORDS OF FREDERICK INIA. 0 ° o co, u C.> J.cq� lk. NoKERe58J 4'1 ovob Q _.04 Rin APPROVED BY: �� 20 J.,1,4 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR NOTES: 1. FREDERICK COUNTY TAX MAP: 90—A-23. CURRENT OWNERSHIP: 0—N MINERALS (CHEMSTONE) COMPANY, DB 582, PG 122. CURRENT ZONING: RA. 2. MERIDIAN AND BOUNDARY INFORMATION SHOWN HEREIN ARE BASED ON THAT CERTAIN BOUNDARY SURVEY ATTACHED TO THE DEED RECORDED IN OB 582, PG 122. 3. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT AND THEREFORE DOES NOT NECESSARILY SHOW ALL ENCUMBRANCES OR OTHER MATTERS AFFECTING THE PROPERTY. 4. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL 510063 01758, EFFECTIVE JULY 17, 1978, A PORTION OF THE SUBJECT PROPERTY LIES IN ZONE A (AREAS OF 100—YEAR FLOOD; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED). 100 YEAR FLOOOPLAIN LIMITS SHOWN HEREIN HAVE BEEN DIGITALLY SCALED FROM THE REFERENCED FIRM PANEL. 5. THIS PARCEL HAS NOT BEEN APPROVED FOR SANITARY WASTE DISPOSAL, APPROVAL MUST BE OBTAINED PRIOR TO BUILDING PERMITS FOR STRUCTURES REQUIRING SUCH FACILITIES. 8. EXISTING SUBJECT AND ADJOINING PROPERTY AREAS REPRESENTED HEREIN ARE DERIVED FROM INFORMATION OBTAINED FROM THE FREDERICK COUNTY GIS WEBSITE MAY 20, 2008. 7. REFERENCE IS HEREBY MADE TO THE 'RIGHT—OF—WAY AND TRACK MAP, THE W INCHESTER AND STRASBURG RAILROAD COMPANY- (ORIGINAL DATE JUNE 30, 1918), CURRENTLY (UP)DATED JUNE 10, 2008, FILE NUMBER V08841 (V-321/8) PROVIDED BY CSX REAL PROPERTY, INC. GIS DEPARTMENT AND REVIEWED IN CONJUNCTION WITH PREPARATION OF THIS PLAT, OWNER'S CONSENT - THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF O—N MINERALS (CHEMSTONE) COMPANY AS APPEAR$ ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DE51R THE UND WYNERS, PROPRIETORS AND TRUSTEES, IF ANY. PRINTEDNAML & TITLE NOTARY ' • .!G PUBLIC (+ h � REG A 357188 NOTARY PUBIJC MY COMMISSION E,,rgRB : �; •. 413012Q� O'' RURAL SUBDIVISION STATE OF CITY/COUNTY of 1%�Lc� ,� •........•'' pF \\ OF THE LAND OF / �T, ALS (CHEMSTONE)COMPANY BACK CREEK MAGISTERIAL DI ICT THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE FREDERICK COUNTY, VIRGINIA 2—I r 0 ON �_ BY Sol,I, / SCALE AS SHOWN DATE: JUNE 25, 2008 ,- � 4j'. REVISED: JULY 9, 2008 ATE) (NAME) (NOTARY PUBLIC) Carl J. Rinker & Associates MY COMMISSION EXPIRES r D 74 PhAiCourt StStrasburg,ur q, VA SHEET 1 OF 2 ✓n 1. l.�n .L,_ Arn 'J 47i LG (ATE) 540-459-4715 N O N GRAPHIC SCALE \ 0 100 200 400 \ 1 inch - 200 tt. AREA TABULATION: p'N \ I I (OLD) 90-A-23 6) (SEE NOTE 6) 153.50 AC \ 0�/ PARCEL A-8.010139 AC r / t (REMAINDER) 90-A-23 145.486 AC a 1 momma 90-►-2A� 148.486 ACF= 0 LINE BEARING DISTANCE L1 8' 4 L2 N A L3 NJ 1 ' L4 6' L5 N "W 71 ' LB 9 ' L7 LB Sl 5'05'05'E7 4' 1' L9 S29 43' L10 S7Un2W 61 L}} N87471osrw 328.51, L12 •43' ' L13 '4 118.90, L14 N L1S " L18 '48 L17 '1 "W L18 0'4 ' L19 ' L20 N7 'W 111,16, L21 4' 1' 1.5 ' L22 7' 1 L23 9 1' L24 "W L2S 6' L281 Se L27 7 .7 MINOR RURAL SUGDOASION OF THE LAND OF O—N MINERALS (CHEMSTONE)COMPANY BACK CREEK MAGISTERIAL DI CT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: DUNE 25. 2008 REVISED: JULY 9, 2008 Carl J. Rinker & Associates 74 Phalps Chid Strasburg, VA SHEET 2 OF 2 540-459-4715 VIRGINM FREDERICK COUNCY.SCP. Mtis instof rrriting was produced to me o nrarnem n Om-a'P at y % 9 Py\ and whh cmif"tc aekno�%ledacment thereto annexed was adnuokd Ur ft'V0Fd. "1'ar impOsed by See. 58.1-802 of $ , and 58. i -SO I have been paid, if assessable. �!u.�. " , Clerk Methodology and Purpose of Pre -Blast Surveys at the Middletown Operation WHAT IS THE PURPOSE OF A PRE -BLAST SURVEY? As the name implies, the pre -blast survey is a visual inspection of selected structures located adjacent to proposed blasting activities. While off -site effects of commercial blasting such as that proposed for the Middletown expansion are expected to pose no threat to existing structures, it has been historically documented that when the perception of blasting reaches new or additional property owners, it is human nature to pay additional attention to one's property. Decades of research performed by the US Bureau of Mines as well as other investigative groups, have fully documented not only the impact of blasting on structures, but also the impact of ambient environmental conditions. While blast effects typically remain well below the effects of various environmental forces, stress caused by everyday exposure to various weather events regularly places strain on construction materials above their ability to resist impact. In other words, these studies have documented what every homeowner already knows, houses, over time, will develop cracks and defects. EXHIBIT L4 Environmental Effects Comparison With Blast Vibration c_ a N N Inside Exterior Inside Exterior Wind Middletown Humidity Humidity Temp Temp Gusts Blast Changes Changes Change Change (Avg.) Environmental Effect Qrialyd. 1992 With the property owner paying close attention to the structure upon the perception of blasting operations, minor, threshold cracks that may have previously gone unnoticed now become the focus of attention. The question becomes; "were they there before the blasting started"? The pre -blast survey has become a standard practice for mine and quarry expansion to remove as much doubt regarding the effect, or lack of effect, of blasting on the community as possible. By documenting the condition of a structure before it is exposed to transient ground vibration energy from blasting, a baseline of condition can be developed to aid both the property owner, as well as the mine operator, in determining cause and effect associated with blasting. HOW IS A PRE -BLAST SURVEY CONDUCTED? The pre -blast survey is a relatively simple process requiring no effort on behalf of the property owner other than providing access to his or her home for about one to two hours. The inspector will ask to be given access to both exterior and interior walls, floor and ceiling surfaces, looking for any observable cracks, separations, settlement or other feature that would be considered a change from standard building conditions. Most of the cracks found in residential structures are easily observed at window and door openings, wall junctions and ceiling tape joints. Whenever a crack is found, the inspector will document the location of the crack and its characteristics by taking a photograph or videotape of each observed area. In addition to the photograph, a written description of each crack will be made, providing the location of the crack, length/width features and any other observations deemed of interest. After reviewing all interior surfaces, a similar survey of the exterior of the structure will be performed, using the same simple technique of inspecting observable surfaces and documenting any change in condition with photographs and or videotape. In addition, basic information regarding the structure (age, additions, major repairs, etc.) will be requested similar to what is done for a home purchase inspection. At the conclusion of the survey, the inspector will create a written report containing all of the photographic documentation, as well as the written narrative identifying the location and characteristics of each photograph. A copy of this report will be provided to the property owner. For a typical 3,000 ft2 residential home, a complete survey can be completed in less than two hours. HOW MANY TIMES WILL MY PROPERTY BE SURVEYED? In most cases, a single survey is performed when it is projected that approaching blast operations will become perceptible to the property owner. Because of the impact of environmental forces on any structure over time, it is not appropriate to survey structures if prolonged periods of time will elapse prior to the commencement of blasting in the area. In operations such as Middletown, it would be expected that perception of blasting activities would occur when blasting operations are at a distance of approximately 3,000 feet from blasting operations. Given the phasing of mining activities at Middletown, this would mean that some existing and future structures might not require a pre -blast survey for many years. Sometimes arrangements are made with property owners to have all adjoining properties surveyed upon the receipt of the new mine permit as a means of providing everyone with a general baseline of structure condition at the commencement of general mining activities associated with the permit. An agreement is then made to allow for a second survey when blasting activities reach perceptible levels if a time period greater than six months has elapsed since the initial survey. As all blasting operations are monitored with approved seismic monitoring equipment, no additional surveys will be required. HOW DO I KNOW THE SURVEY IS IMPARTIAL? This is one of the cases where anything that is done with regard to the pre —blast survey that is substandard or incorrectly done will aid the property owner. The primary error that is made with regard to a survey is to miss an existing crack or condition that should be documented. Logic would indicate that this only works in the property owner's favor as, in essence, the structure contains pre-existing cracks that have not been documented, leaving the possibility that they may be claimed as blast related at a later date. I know of no manipulation of a pre -blast survey that can be done that would aid the mine operator in any way. The pre -blast survey is an effective tool in providing the property owner and the mine operator with a baseline reference for the condition of the community prior to blasting. While it needs to be stressed that continued exposure to environmental forces will, over time, show some change in the condition of any structure, the pre -blast survey is still an effective means of establishing guidelines prior to blasting activities. WELL GUARANTEE AGREEMENT Carmeuse Lime & Stone, its successors or assigns (hereinafter referred to as "MINE OWNER") guarantees to the undersigned Owner that it will replace or replenish the Owner's existing privately owned domestic -use water well(s) under the following circumstances: Any water well negatively impacted in such a way as to render it unsuitable for its existing use, on property within 1,500 feet of any parcels being actively quarried and dewatered by MINE OWNER located at its Middletown plant (hereinafter referred to as the MINE OWNER Facility) by depleting a well, lowering the water surface below the pump or negatively intercepting the groundwater flow to the well. If at some future date MINE OWNER expands the MINE OWNER Facility and the active mining operations into other adjoining properties not currently zoned for earth materials extraction, then this Well Guarantee Agreement will be automatically expanded to include all parcels within 1,500 feet from those areas. MINE OWNER will repair the problem by lowering the pump, deepening the well. drilling a replacement well. and/or installing an appropriate water quality treatment system at no cost to the Owner. The undersigned Owner, in accepting this guarantee. agrees to the following conditions: The Owner grants permission to MINE OWNER or its representative to inspect and evaluate the current condition of the well as part of a baseline water well inspection survey. The Owner grants permission to MINE OWNER or its representative to perform water level measurements of the well or collect water quality samples (in addition to the baseline water well inspection survey) on an as needed basis for the purpose of creating background data for the well, and to assess potential complaints. The Owner agrees to notify within twenty-four (24) hours of discovery of the reduction of water supply, depletion of the well or degradation in water quality so that MINE OWNER and a third - party hydrogeologist (as a Licensed Professional Geologist in the State of Virginia) can verify and/or document any occurrences noted during quarrying at the MINE OWNER Facility that may have contributed to the reduction of water supply or well depletion. The third -party hydrogeologist shall document the reduction of water supply, depletion of the well or degradation in water quality. Further, the hydrogeologist will make a determination as to the cause of the reduction of water supply, depletion of the well or degradation in water quality only for purposes of determining the appropriate repair or remediation. MINE OWNER shall be responsible for supplying temporary potable water for human consumption, and potentially. water hauling for other uses (as appropriate) until the problem is corrected. MINE OWNER shall be allowed by the Owner to evaluate the well and conduct such reasonable tests as it deems necessary to verify the cause of the reduction of water supply, depletion of the well or degradation in water quality. MINE OWNER agrees to bear all reasonable expenses that result from said reduction of water supply or well depletion; including, but not limited to temporary potable water supply for human consumption, household use, water hauling for other potential uses (as appropriate), well and pump modification, new well construction, and legal fees expended in implementing this Well Guarantee Agreement. The owner shall notify MINE OWNER prior to undertaking remedial activities or incurring expenses that later may be borne by MINE OWNER. Repair costs due to worn or defective pumps, electrical cabling, and piping are specifically 7EJKMIBIT 5A excluded from this guarantee. The terms of the Well Guarantee Agreement are binding during the active life of the said MINE OWNER Facility, including one year following cessation of mining activities. Upon the expiration of one year following completion of quarrying activities at the MINE OWNER Facility, this Well Guarantee Agreement shall be considered null and void. Owner: Date: MINE OWNER: Title: Date: Local homeowners within 1,500 feet of the property line of the proposed expansion will be invited to take part in a pre -expansion survey of their domestic water wells. Within days after rezoning is approved, each property owner within the 1,500 ft. radius of the proposed expansion will be sent an informational newsletter explaining the purpose of the Survey. A second letter, which will include a short scheduling form for owners to fill out and return to Carmeuse Lime & Stone, will be sent out within days after the newsletter, and a public information meeting will be held as a follow up. As the scheduling forms are received, the property owners will be contacted by Carmeuse personnel to coordinate a day and time that is convenient to conduct the survey. The Survey generally will consist of a short, in -person or phone, interview with the resident, property owner, or other knowledgeable party to gain information on the history of their well. The interview will followed by a physical inspection of the well. This includes obtaining the water level, pump setting depth and total depth. Existing driller's logs will also be examined. All sampling will be conducted in accordance with governing approved testing procedures for potable water wells. Field parameters measured at the time of collection include pH, Specific Conductance, Temperature, and Turbidity. The samples will be packed in ice and transported under chain -of -custody to a third party, accredited analytical laboratory for analysis. The samples will be analyzed at the laboratory for pertinent biological and chemical constituents. These include Total Coliform, Alkalinity, Chloride, Sulfate, Nitrate, Phosphorus, Potassium, Sodium, Magnesium, Calcium, Iron, and Manganese. Each well will also be tested to determine its Specific Capacity, which will be used as a baseline for well yield estimations at that particular location. Well water at each respective well will be purged at a measured flow rate (variable for each well) for a specific time interval (also variable for each well) using the existing pumping system currently in place. The water level in each well will be measured during the testing period. Typically the well will be purged at a flow rate of less than 5 to 10 gallons per minute for approximately 30 minutes or less. The Specific Capacity for each test will be calculated using the average pumping rate during the test divided by the water level drawdown incurred at the well during the test. Copies of the resulting reports will be provided to the property owner, as well as being maintained by Carmeuse and the designated third party performing the evaluation. E1E;XHJB1T Action: PLANNING COMMISSION BOARD OF SUPERVISORS November 15, 2017 February 21, 2018 March 14, 2018 April 25, 2018 May 23, 2018 June 13, 2018 July 25, 2018 September 12, 2018 ORDINANCE Public Hearing Held; Postponed for 90 days Recommended Denial Public Hearing Held; Postponed Public Hearing Held; Postponed Public Hearing Held; Postponed Postponed Denied (vote rescinded August 22, 2018) AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-17 O-N MINERALS/dba CARMEUSE LIME & STONE AMENDMENT TO REZONING #03-06 WHEREAS, REZONING #05-17, was submitted by O-N Minerals (Chemstone) Company to rezone 394.2± acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with amended proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to amend the proffers pertaining to viewshed plans, berms, landscaping, and other matters, with an amendment bearing final revision date of August 14, 2018 being considered. The subject properties are located west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). The properties are located in the Back Creek Magisterial District and are identified by Property Identification Nos. 83-A-109 and 90-A-23 (portions of), respectively; and WHEREAS, the Planning Commission held a public hearing on this rezoning on November 15, 2017 and postponed the application for 90 days and; the Planning Commission then held a public meeting on this rezoning on February 21, 2018 and recommended denial; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2018 and postponed the application to the April 25, 2018 meeting with a continued public hearing; and PDRes 908-18 -2- WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 25, 2018 postponed the application to the May 23, 2018 meeting with a continued public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 23, 2018 and postponed the application to the June 13, 2018 meeting with a continued public hearing; and WHEREAS, the Board of Supervisors postponed rezoning on June 13, 2018 to the July 25, 2018 meeting with a continued public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 25, 2018 and voted to deny the rezoning; the vote was rescinded on August 22, 2018 and scheduled for September 12, 2018; and WHEREAS, the Board of Supervisors held a public hearing on September 12, 2018; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this amendment to Rezoning #03-06 to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive 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 rezone two (2) parcels of land, 394.2± acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with proffers amending specific sections of the Proffer Statement dated May 22, 2008, as indicated in the First Amendment to Proffer Statement (amendment dated August 14, 2018), as voluntarily proffered in writing by the Applicant and the Property Owner and attached. This ordinance shall be in effect on the date of adoption. Passed this 12th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Shannon G.Trout Blaine P. Dunn PDRes 908-18 Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator PROPOSED PROFFER STATEMENT REZONING: RZ# 03-06 Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 394.2 Acres +/-; Portions of Tax Map Parcels 83-A- 109 ("parcel 109") and 90-A-23 ("parcel 23") (the "Properties") RECORD OWNER APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) O-N Minerals (Chemstone) Company O-N Minerals (Chemstone) Company ("Applicant") Chemstone - Middletown June 13, 2005 January 16, 2006 March 18,2008 May 20, 2008 February 8, 2006 April 18,2008 May 22,2008 August 28, 2006 May 14,2008 May 27, 2008 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit I," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, O-N Minerals (Chemstone)" dated May 2008 (the "GDP"). The Applicant attaches and incorporates the GDP, which includes a plan titled "Generalized Development Plan"; a plan titled "Overall Plan"; four plans titled "Phase I Plan", "Phase 11 Plan", "Phase III Plan", and "Phase IV Plan"; and twelve viewshed plats titled "Viewshed IA, Viewshed 113, Viewshed 2, Viewshed 3, Viewshed 4A, Viewshed 4B, Viewshed 5A, Viewshed 5B, Viewshed 6, Viewshed 7, Viewshed 8 and Viewshed 9". The aforementioned documents are and shall be incorporated by reference herein as "Exhibit 2." The Applicant proffers that its development of the Properties will be in substantial conformity with the GDP. 1. Land Use 1.1 The Properties manufacturing es shall be developed with extractive manufacturiland uses p ID pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Re clamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following uses on the Properties: Oil and natural gas extraction; Asphalt and concrete mixing plants; Brick, block and precast concrete products; Cement and lime kilns; and Coal and natural gas -fired power plants or facilities which sell power to the local utility or power grid* *This is not to be interpreted as a restriction against using power plants on the Properties as necessary to support extractive mining activities. 2. Site Development 2.1 Properties' access via public secondary roads shall be limited to the existing quarry entrance on McCune Road (Route 757). Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 Earthen berms shall be installed around the active quarry pits in the location shown on the GDP. The berms shall have a maximum height of 30 feet and a minimum height of 10 feet. The berms (Berm A and Berm B) depicted on the Phase I Plan of the GDP shall be installed within 10 years of the approval of the rezoning. The berms (Berm C and Berm D) depicted on the Phase 11 Plan of the GDP shall be installed no later than 10 years prior to the commencement of mining north of Chapel Road. The berms shall be landscaped to minimize impacts to the viewshed of the surrounding community. Such landscaping shall consist of a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. The description of the plants to be installed on the berms are more specifically described in the attached and incorporated "Exhibit 3." The landscaping shall be subject to reasonable approval by the Zoning Administrator of Frederick County and upon consultation with the State Forester. With respect to Berm A, located on Tax Parcel 90-A-2, not owned by the Applicant, the berm will be constructed by the Applicant as the tenant under a 100-year lease of Parcel 90-A-2, with authority under the lease to construct Berm A. 2.3 The existing overburden stock pile on the southeast comer of the current Middletown plant site shall be reduced in height to the greater of 30 feet or the height of the adjacent tree line (lying to the east) within 5 years of the approval of the rezoning. 3. Historic Resources 3.1 The Applicant shall create an 8 acre historic reserve as shown on the GDP and on Exhibit 1, within which archaeological resources and other historic activities have been identified. Further, the Applicant shall place restrictions on the reserve land for how the reserve will be used by the Properties' owner and future owners. A copy of said restrictions are attached and incorporated as "Exhibit 4." Said reserve land shall be dedicated to the Cedar Creek Battlefield Foundation, Inc. within 60 days of final rezoning. [NOTE: the aforementioned 8 acre historic reserve property is not to be included in the property to be rezoned.] 3.2 The Applicant shall complete a Phase I Archaeological Survey of parcels 23 and 109. The Phase I Archaeological Survey of parcel 23 shall be completed within 12 months of the approval of the rezoning. For the remaining tracts of land, the Applicant shall complete a Phase I Archaeological Survey of a particular tract of land before any inin-ing activities commence on that property. The Applicant may commence mining activities on a particular portion of the Properties before the completion of the Phase I survey for all of the Properties, but under any and all circumstances, no mining operations shall commence on any portion of the Properties until after the Phase I Archeological Survey has been completed on said portion of the Properties. Said survey shall locate, identify, and comprehensively record all historic sites, buildings, structures, and objects on the parcels. Such survey shall be conducted in accordance with the guidelines for a Phase I Survey as defined in the Virginia Department of Historic Resources "GUIDELINES FOR CONDUCTING CULTURAL RESOURCE SURVEY IN VIRGINIA - Chapter 7: Guidelines for Archaeological Investigations in Virginia," 1999 (Rev. Jan. 2003). 3.3 Two cemeteries have been identified on the Properties. The first cemetery is located adjacent to Chapel Road and is in an area that is not designated for mining and is also outside of the berming area. That cemetery is currently undergoing a historical restoration. After the historical restoration, the Applicant will follow the recommendations of the Applicant's historian. The second cemetery is located in the area where berming is slated to be installed. The Applicant proffers the berming will be located in such a way as to not encroach on the cemetery. This cemetery is also currently undergoing a historical restoration. After the historical restoration, the Applicant will follow the recommendations of the Applicant's historian. In addition, the cemetery is accessed through a right-of-way which is of record providing access to the cemetery from Route 625. The Applicant proffers to improve said right-of-way so that it can be used for access by the descendants of those in the cemetery within 12 months of completion of the cemetery restoration. Once said right-of- way has been improved, the Applicant will provide continued maintenance and have use of same. 4. Rights to Water Supply 4.1 The Applicant shall guarantee the Frederick County Sanitation Authority ("FCSA") rights to the water resources available on the Properties in accordance with the existing agreements between the Applicant and FCSA. 5. Ground Water 5.1 The Applicant shall install a minimum of three monitoring wells to effectively establish and monitor the groundwater level in order to avoid detrimental impacts to surrounding properties. Said wells shall be installed prior to any land disturbance of the portion of the Properties identified as parcel 109 by the GDP, and shall be located within 500 feet of the Properties' boundaries. A minimum of one monitoring well shall be installed within 500 feet of the parcel 109 Properties' boundary. The exact location of the monitoring wells is depicted on the Overall Plan of the GDP. 5.2 Subject to and consistent with the provisions of paragraph 9.2, the Applicant shall remediate any adverse impacts to wells located on surrounding properties caused by mining operations on the Properties. Costs associated with any required remediation shall be borne by the Applicant. Furthermore, the Applicant agrees to participate in a pre -blast survey and well monitoring survey, as further described herein. The intent of the aforementioned surveys is to provide a mechanism to remediate any adverse impacts to wells and/or structures which are caused by the mining operations on the Properties. 6. Dust Control 6.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 7. Blastiniz Control 7.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. In addition, the Applicant agrees to have an approved blasting plan in place at all times. An example of the current blasting plan is attached. Further, in addition, the Applicant agrees that there will be no block holing or adobe blasting conducted on the Properties. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 8. Traffic 8.1 The Applicant's current number of truck loads leaving the site on a daily basis is approximately 63, and the Applicant has had higher numbers of recorded truck loads leaving the plant to a total of 114 truck loads per day. The Applicant, in its proffer, is agreeing to restrict truck traffic to the Properties to 86 truck loads per day averaged over the prior 30 days, but intends to also have an ability to increase the number of truck loads in the event of an emergency or circumstances, which could be caused by issues driven by the Applicant's customers, suppliers, and/or carriers. Examples of such shall include, but are not limited to, an interruption of rail service to the site and/or any sites that are serviced by rail from the Applicant's Properties and/or any other interruption of the ability to deliver materials at the Applicant's site or any other sites which are owned, controlled, or by business relationship connected with the Applicant's site. To that end, and in any circumstance, the Applicant agrees to restrict truck traffic to the Properties to a maximum of 200 truck loads per day averaged over the prior 30 days through the scale house hauling mined materials on and/or off the proposed quarry site from the existing quarry entrance. The maximum number of truck loads will be regulated by the Applicant and its successors and/or assigns. A record of the actual number of truck loads per day shall be kept current (and maintained for one year) by the Applicant at its scale house office. Said record shall be made available in a form which confirms the number of trips and the form will be produced to Frederick County officials upon demand with reasonable notice. The Applicant proffers there will be no truck loads from the Properties on Sundays and the hours of truck loading on Saturdays will be no later than 7:00 p.m. The Applicant further proffers it will instruct all truckers as to the proper route of travel from the Properties to Route 11, which shall exclude both Belle Grove and Chapel Roads. 9. Pre -Blast Surveys 9.1 The Applicant will offer voluntary pre -blast surveys of properties that are within 1,500 feet of the boundaries of parcel 23 and parcel 109. The aforementioned surveys will be conducted by an independent engineering firm, which will investigate and document the pre -blast conditions of the participants' residences and/or outbuildings. The Applicant and its successors and assigns will contact all citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109, and monitor the tax roles for Frederick County on an annual basis in order to contact any citizens who have recently purchased the aforementioned property. This contact will be made by the Applicant and its successor and assigns to invite citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109 to participate in the pre -blast surveys. Contact will be made by registered return -receipt letters, mailed annually from the time of the rezoning. All citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109 can, and are encouraged to, participate in the survey by contacting the Applicant and scheduling a mutually agreeable time for the independent engineering firm to visit the party's residence to document and survey the pre -blast condition of the party's residences/outbuildings following the procedures set forth in the attached and incorporated "Exhibit 5." If the property owner agrees to participate, the Applicant's and/or its engineering firm shall visit and inspect the party's residences/outbuildings to monitor the condition of the same. A record of those pre -blast conditions will be kept by the independent engineering firm with copies retained by the Applicant and the participating property owner. In the event of a change in condition, which is alleged by the participating property owner as a result of mining operations, the engineering firm will then conduct a follow-up visit and investigation and use the pre -blast information as a control and basis for subsequent analysis. Said analysis shall be used to determine the cause of any negative change in condition. If it is determined there is a change in condition in the residences/outbuildings, which has been caused by the Applicant's mining activities on the Properties, then the Applicant agrees to rernediate and/or repair said negative change in condition to restore it to its status prior to blasting operations. In addition, the Applicant agrees to establish seismic monitoring of the proposed quarry site to monitor all blasting activities and keep records of said seismic monitoring as required by the VDMME. 9.2 The Applicant will offer voluntary well monitoring surveys of properties that are e within 1,500 feet of the boundaries of parcel 23 and parcel 109. The aforementioned surveys will be conducted by an independent well drilling firm or hydrogeologist, which will investigate and document the pre -mining conditions of the participants' wells. The Applicant and its successors and assigns will contact all citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109, and monitor the tax roles for Frederick County on an annual basis in order to contact any citizens who have recently purchased the aforementioned property. This contact will be made by Applicant and its successor and assigns to invite citizens who have property within 1,500 feet of the boundaries of parcel 23 and parcel 109 to participate in the well monitoring surveys. Contact will be made by sending annually registered return -receipt letters. All citizens who have property located within 1,500 feet of the boundaries of parcel 23 and parcel 109 can and are encouraged to participate in the survey by scheduling a mutually agreeable time for the independent well drilling firm to visit the party's residence to document and survey the pre -blast condition of the party's well following the procedures set forth in the attached and incorporated "Exhibit 6A and 6B." A record of these pre -mining conditions will be kept by the independent well drilling firm, with copies retained by the Applicant and the participating property owner. In the event a change of condition is alleged by the property owner as a result of mining operations, the Applicant will provide an interim replacement water supply as necessary to supply the property owner with water. The well drilling firm will then conduct a follow-up visit and investigation and use pre - blast information as a control and basis for subsequent analysis. If it is determined that the status of the neighboring property owner's well has deteriorated from the condition it was in at the time of the pre -blast survey, then the Applicant agrees to restore the well to its condition existing at the time of the pre -blast survey and/or provide the adjoining property owner a replacement well of the same condition (or better) of that which existed at that time of the pre -blast survey. 9.3 In addition to the above, the Applicant agrees to maintain in force an insurance policy or other sufficient security for the period of time covering the active mining operations on the Properties and to maintain in effect for a period of one year from the date of cessation of said mining operations, and to cover the costs of any rernediation and/or repair, which is required pursuant to the terms of sections 9.1 and 9.2 above. Said policy or surety shall be in the amount of no less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Frederick County may review from time to time the amount of the policy or surety to evaluate whether the minimum amount of $1,000,000.00 is sufficient to protect the cost of any remediation and/or repair, which is required pursuant to the terms of sections 9.1 and 9.2. In the event Frederick County believes that the amount of the policy or surety needs to be increased for the reasons set forth above, then the Applicant and Frederick County shall reach an agreement as to the proper amount of policy or surety. The approval of said increase shall not be unreasonably withheld, conditioned or denied by either party. The Applicant shall annually provide to the County a Certificate of Insurance from the insurance carrier. 10. Reclamation 10.1 It is intended that pursuant to the terms of the agreement reached with the FCSA that at the time of cessation of mining activities, the Properties' quarry pits shall be used by the FCSA as water reservoirs. The control of the water levels in the quarry pits shall be handed over to the FCSA. It is intended that the quarry pits at that time will contain quantities of water monitored and directed by the FCSA, and which will be conducive to the general betterment of natural habitat. 11. Noise Abatement 11.1 Operations on the Properties will not exceed the VDMME Engineering's decibel guidelines. The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 12. Lighting 12.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other- governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 13. Air Permit 13.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 14. Environment 14.1 In addition to compliance with the VPDES water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality consistent with the water quality in Cedar Creek so as to maintain an environment conducive to natural habitats. No additional water discharge points will be added. 14.2 The Applicant agrees that all areas currently in trees on property owned by the Applicant, which is outside of the rezoned Properties and identified on the GDP as "Middletown Woods", shall be maintained using best management practices. 14.3 The Applicant proffers to keep its mining operations at least 200 feet from the edge of Cedar Creek. 15. Phasing 15.1 The Applicant agrees that mining activities on the Properties shall occur with the following phasing and as set forth on the Phasing Plans of the GDP: After the rezoning is approved, the Applicant will start creating berms on the newly rezoned Properties and the Applicant shall start quarrying in the area identified as parcel 23. Mining in parcel 23 shall occur from the time period commencing with the approval of the rezoning for a period of time which is estimated to be twenty years. For the newly zoned area, which is north of the existing EM zoned property, and south of Chapel Road, mining activities will commence no earlier than ten years from the date that the rezoning referenced herein is approved. For the newly zoned area, which lies north of Chapel Road, mining will commence no earlier than twenty years from the date that the rezoning referenced herein is approved. SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, M_ Its: O-N MINERALS (CHEMSTONE) COMPANY &P64OFI� C r3 9 0 _- COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: ,-10 ffi The foregoing instrument was acknowledged before me this Clr day of 2008, by ✓ �0_10 y1 - y 'e K'W� ptR PUBLIC My commission expir( Registration number: ,1QgN1V�/,, l /WESTERNVIEW SUBDIVISION AlTeR ylck, Y 10 DO 828, PG 1514J ST "#060 (L 08g03 _ 8 /7 6 9 5 L5 vim Ci7 m OId IM Ca_ LINE TABLE LINE BEARING LENGTH L1 N37'20'21 "E 2908.33' L2 N44'12'04"W 353.46' L3 N37'45'19"E 1587.57' 1427.97' S56'50'54"E 2031.06'S33'19'31"W 359.18' NL4N83'55'47"E S51'08'46"W 1771.57' N44'54'24"W 547.10'S57'53'12"W 326.61' S40'29'59"W 180,07' 111 S34'14'59"W 75.78' L12 S50'29'59"W 52.91' L13 S39"59'45"W 100.50' L14 S42'59'56"W 100,41' L15 S41'44'59"W 101.79' L16 S08'30'00"W 15.91' L17 S44'44'59"W 48.70' L18 N60'2701"W 19.00' L19 S70'47'59"W 33.21' L20 S44'23'32"E 873.66' L21 536'28'58"W 3079.05' L22 N41'3C'31"W 1997.30- L23 N4239'21"E 62.27' L24 N43'20'04"W 558,68' Ctl C11 t 2 C 1,3. C14� 18 3 II 2 RisyARNif- Oe 487oP4'6�i•E 92 z N ). PORTION OF Z o PIN 83-A-109 �} I REMAINDER OF N oz 14,253,609 SF a IN 83-A-109 rp om I 327.2178 AC wo Z 1) PROPOSED EM q a ZONING BOUNDARY a cu 0 RUNS ALONG 0s s EXISTING PROPERTY 0 LINES AT L22, L23 & L24 ONLY. I L24. N I I U J \22x 0) sFNs r NiF DB d�e �Co c j ONE Z� zt I I Q Gq RoFTT NSF i NOTES: 1, FREDERICK COUNTY PIN: 83-A-109 e 8�s AIMS C698�•C •C 2. PROPERTY OUTLINE AND L'' MERIDIAN SHOWN HEREON ARE GRAPHIC SCALE N BASED ON THE PLAT ATTACHED 0 500 1000 2000 a, TO DEED OF BARGAIN AND SALE N RECORDED IN DB 620, PG 186 AMONG THE LAND RECORDS OF 1N FEET) a FREDERICK COUNTY, VIRGINIA. i inch = 1000 it. Uj INFORMATION SHOWN HEREON IS "ZONING BOUNDARY EXHIBIT A" Q NOT BASED ON A CURRENT A PORTION OF THE � FIELD RUN SURVEY. ADJOINING PROPERTY OWNERS ARE BASED o PROPERTY CONVEYED TO ON INFORMATION OBTAINED FROM CHEMSTONE CORPORATION FREDERICK COUNTY CIS WEBSITE, DEED BOOK 620, PAGE 186 MAY, 2008. BACK CREEK MAGISTERIAL DISTRICT 3. NO TITLE REPORT, FREDERICK COUNTY, VIRGINIA o SCALE: 1" — 1000' DATE: FEB. 15, 2006 N REVISED: MAY 20, 2008 i Patton Harris Rust & Associates,pc Engineers. Surveyors, Planners. Landscape Architects, a /s� 117 East Piccadilly Street, Suite 200 + / � Winchester, Virginia 22801 �i T 540.667.2139 ^l I la o_ F 540.665.0493 PHR+A 2008 �� EX� i°i' N N IL IS�J N N U) co N/F CHEMSTONE CORPORATION DB 628, PG 721 O � ry* 0O �.0 \ F Ov'��! q or. / op" C, !xi N/F GARRETT o°G FARMS, LLC y09 DB 846, PG 698 / L6 \ REMAINDER OF PIN 90-A-23 ', D eo — RP\CROP NOTES: 1. FREDERICK COUNTY PIN: 90—A-23. 2. PROPERTY OUTLINE AND MERIDIAN SHOWN HEREON ARE BASED ON THE PLAT ATTACHED TO DEED RECORDED IN DB 582, PG 122 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. INFORMATION SHOWN HEREON IS NOT BASED ON A CURRENT FIELD RUN SURVEY. ADJOINING PROPERTY OWNERS ARE BASED ON INFORMATION OBTAINED FROM FREDERICK COUNTY GIS WEBSITE, MAY, 2008. 3. NO TITLE REPORT. GRAPHIC SCALE 0 5DD 1000 2000 ( IN FEET ) I inch = 1000 fL +PROPOSED EM ZONING BOUNDARY RUNS ALONG EXISTING PROPERTY LINES AT 1-1, L2, L3 & L4 ONLY. "ZONING BOUNDARY EXHIBIT B" A PORTION OF THE PROPERTY CONVEYED TO CHEMSTONE CORPORATION DEED BOOK 582, PAGE 122 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 1000' DATE: MAY 20, 2008 Patton Harris Rust & Associates,pc Engineers, Surveyors. Planners, Landscape Architects. 117 East Piccadilly Street, Suite 200 J � Winchester, Virginia 22601 T 540.667.2139 F 540.665,0493 SHEET 1 OF 1 PHR+A CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH C1 1876.78' 66.33' 02-01'30" S 78'41'59" W 66.33' P•e .'...... ,.� _ L 7 351,803f S0. FT. (19 �^ ` 8.0763i ACRES L IS 14 w !��L12 -kTx L 10 _ _ CC / 0 RAILROAD i i s DETAIL 1" = 50' EXISTING RETAINING WALL LINE BEARING DISTANCE L1 S 59'38'45" W 142.52' L2 N 47'42'49" W 9.59' L3 N 15'52'44" W 22.16' L4 N 44'25'50" W 53.96' L5 N 42'01'49" W 57.18' L6 N 37-55'33" E 292.45' L7 S 86'35'28" E 1303.64' L8 S 18*05'05" E 87.01' L9 S 29'06'54" E 240.71' L10 S 89*32'16" W 443.23' L 1 1 N 02'54'34" E 39.16' L12 N 73'35'59" W 34.99' L13 N 61'11'46" W 55.17' L14 N 79'13'29" W 88.69' L15 N 73'10'45" W 129.48' L16 N 24'46'35" W 63.00' L17 N 74'55'35" W 111.16' L18 S 64'37'31" W 81.52' L 19 N 78' 12' 17" W 61.62' L20 N 51'30'49" W 52.51' L21 N 64'44'51" W 73.52' L22 S 71'26'56" W 50.03' L23 S 65-36'51" W 151.36' L24 S 41'51'08" W 79.70' 0' 200' 400' 600' 1" = 200' CHEMSTONE PROPOSED OFF -CONVEYANCE 8.076 ACRES + BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: DECEMBER 2003 URBAN ENGINEERING & ASSOCIATES, INC. CIVIL ENGINEERS - LANDSCAPE ARCHITECTS o LAND SURVEYORS 600 PEGASUS COURT, SUITE 101 WINCHESTFR, VIRGINIA 22602 (540)450-0211 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS AND RIGHT OF FIRST REFUSAL THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RIGHT OF FIRST REFUSAL (the "Declaration") is made as of the day of , 2008, by and between O-N MINERALS (CHEMSTONE COMPANY1 a Delaware corporation, its successors and assigns (the "Declarant") (Grantor for indexing purposes), and CEDAR CREEK BATTLEFIELD FOUNDATION, INC., a Virginia corporation, its successors and assigns (the "Association") (Grantee for indexing purposes). RECITALS: A. The Declarant is the owner of certain real property, which is intended to be a historical reserve and to be conveyed to Grantee as such and with the following covenants, conditions and restrictions and also be subject to a right of first refusal. NOW, THEREFORE, the Declarant, for and in consideration of the premises and the covenants contained herein, grants, establishes and conveys to Grantee a certain tract of land, which is further described in the attached and incorporated plat ("Property"), which shall be maintained as a historic reserve and further establishes the following covenants: l . There shall be no occupied dwellings on the Property; 2. The Property shall be maintained with all grass neatly mowed at all times and any trees maintained using best management practices; EXHIBIT 3. The Declarant further reserves the right to take any action reasonably required to maintain the Property in the event the Grantee fails to do so. This right shall include but not be limited to the right to enter upon the Property to do such work on the Property as may be required to effect the provisions of this Declaration. IT IS FURTHER agreed and understood that the Property shall be conveyed with the Grantor retaining a right of first refusal to purchase the Property in the event the Grantee conveys or sells all or a portion of the Property to an entity, which is not related to the Grantee and which is not a charitable entity established for the preservation of historic properties. The parties do agree to execute any and all such other documents as may be required to effect provisions of this agreement, including but not limited to, a memorandum confirming the right of first refusal to be recorded in the land records of Frederick County, Virginia. [REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK] 2 WITNESSETH, the following signatures and seals: O-N MINERALS (CHEMSTONE COMPANY) a Delaware corporation (Seal) Its: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF . TO WIT: The foregoing instrument was acknowledged before me this day of , 2008 by Company). My Commission expires: Registration No.: of O-N Minerals (Chemstone Notary Public 3 CEDAR CREEK BATTLEFIELD FOUNDATION, INC. a Virginia corporation By: (Seal) Its: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , TO WIT: The foregoing instrument was acknowledged before me this day of , 2008 by Inc. My Commission expires: Registration No.: of Cedar Creek Battlefield Foundation, Notary Public BERM PLANTING (as recommended by the Virginia State Forester) EXISTING BERMS: Where existing berms do not have adequate ground cover to prevent them from eroding, they should be planted with various native grasses, shrubs, and trees. A successful mixture of buckwheat, rye and other grasses has been developed by quarry employees that has proven to be effective in vegetating these slopes. In spots where prior vegetating efforts have failed, it is recommended that erosion control methods such as landscape fabric and jute mats be installed prior to revegetating these spots. It may also be necessary to reshape the berm in these spots to retard water movement down the slope and to hold water for vegetation survival and growth by constructing planting terraces with existing rock and soil. RECOMMENDED TREE AND SHRUB SPECIES: Native species should be chosen to provide optimum survival, the least maintenance, and to further blend into the existing landscape. A list of suggested trees and shrubs for landscape plantings in the Shenandoah Valley is included. Actual species chosen need to be selected for the specific location they are to be planted, and their availability. Not all of these are available for purchase through nurseries. In general, these species should be intermixed to provide more of a camouflage effect along the face and ridgeline of the berms. Coniferous species should be planted where year-round screening is desired. Coniferous species, with their ability to survive better on hot dry slopes, should also be chosen for screening on south and west facing slopes. PLANTING RECOMMENDATIONS: Where possible, the topsoil removed in the initial stages of new quarry construction should be spread to the depth of 6 — 12 inches over all level surfaces that will be planted. For instance, the tops of the berms. The recommended planting terraces along the face of the berms should also be filled with topsoil prior to planting with trees and shrubs. Bare rooted plants are recommended because of their low cost, ease of planting, and good survivability. They should be planted in March or April of each year. INVASIVE SPECIES: Numerous invasive species now threaten native plants in eastern forests. If allowed to grow and spread unimpeded, they will crowd out native trees and have a negative impact on wildlife populations that depend on the native trees and shrubs for their food. Ailanthus (tree of heaven, paradise tree), paulownia, autumn olive and multiflora rose are the most common non-native invasive shrubs and trees in this locality. EXHIBIT Ailanthus Has a distinct rancid odor in the leaves, twigs, and bark. Autumn Olive Aluminum sheen to the Underside of the leaves. Large crop of red berries each fall. Paulownia Large leaves 8" — 14" in diameter. Multiflora Rose Multiple stems from each plant. Numerous, short curved thorns. RECOMMENDATIONS: Once every 2 — 3 years, inspect all berms and associated land for invasive species. Where found, individual plants of these species should be either dug or pulled out of the ground, or deadened with herbicide applications to prevent the spread of their seed to these spots. One such herbicide recommended is RoundUp S. Cutting the tree down and painting concentrated RoundUp® herbicide on the stump within 2-3 minutes of cutting is very effective with invasive trees and requires a very little amount of herbicide. Very large trees can be girdled with a chainsaw or a hatchet, and a mixture of RoundUp® and water can be applied to the girdle to deaden the tree. This will also have the benefit of creating wildlife snags until the trees rot down. A foliar spray of Roundup® can effectively control individual small stems and clumps of small stems. Instructions for timing of herbicide applications and mixing for the various methods of application will be found on the herbicide label. These instructions should be followed precisely to obtain the desired results and to protect the environment. NATIVE TREES (mostly) SUGGESTED FOR LANDSCAPING IN THE NORTHERN SHENANDOAH VALLEY OF VIRGINIA No particular order of preference Gerald R. Crowell, Va. Dept. of Forestry 2/2008 Not all of these will grow on every site. First, decide why you want a tree; shade, screening, to enhance the landscape, fall coloration, flowering, wildlife food, etc. Second, choose the final mature height you want the tree to reach. Then, research each species as to the desirability of planting in a particular location with regard to purpose, soil type, and available sunlight. LITTLE `UIti S (TO 20 FEET) Alder, Hazel Alnus serrulata Hawthorn Crataegus sps. Serviceberry Amelanchier sps. Viburnum Viburnum sps Buckthorn, European Rhamnus cathartica Fringetree Chionanthus virginicus Elderberry Sambucus canandensis Burningbush Euonymus atropurpureus Redbud, Eastern Cercis canadensis MEDI `UM'S (20 — 40 FEET) Hornbeam, American Carpinus caroliniana Hophornbeam, Eastern Ostrya virginiana Chinkapin Castanea pumila Pawpaw Asimina triloba Sassafras Sassafras albidum Persimmon Diospyros virginiana BIG `UNS (40 — 80+ FEET) Willow, black Salix nigra Hickory Carya sps. Birch, yellow Betula alleghaniensis DECIDIOUS BIG `UNS (continued) Birch, black, sweet Betula lenta Birch, River Betula nigra Oak Quercus sps. Except for Q. falcata, Q. nigra, Q. phellos, Q. virginiana Hackberry Celtus occidentalis Poplar, yellow, tulip Liriodendron tulipifera Sycamore Platanus occidentalis Maple, sugar Acer saccharum Maple, red Acer rubrum Basswood Tilia Americana Blackgum Nyssa sylvatica EVERGREEN: LITTLE `UNS (to 20 feet) Rhododendron Rhododendron maximum Mountain Laurel Kalmia latifolia MEDI `UM'S (20-40 FEET) NONE BIG `UNS (40 — 80+ FEET) Pine, Pitch Pinus rigida Pine, shortleaf Pinus echinata Pine Table Mountain Pinus pungens Baldcypress Taxodium distichum Arborvitae, Northern whitecedar Thuja occidentalis Eastern red cedar Juniperus virginiana Norway spruce Picea abies Leyland Cypress Cupressocyparis leylandii NOT RECOMMENDED FOR LANDSCAPE TREES: Ash (Fraxinus sps), due to Emerald Ash Borer White pine (Pinus strobus); be careful, it is off -site on many shale soils and limestone clay soils in the Valley Elm (Ulmus sps), due to elm yellows and Dutch Elm Disease DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS AND RIGHT OF FIRST REFUSAL THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RIGHT OF FIRST REFUSAL (the "Declaration") is made as of the day of , 2008, by and between O-N MINERALS (CHEMSTONE COMPANY), a Delaware corporation, its successors and assigns (the "Declarant") (Grantor for indexing purposes), and CEDAR CREEK BATTLEFIELD FOUNDATION, INC., a Virginia corporation, its successors and assigns (the "Association") (Grantee for indexing purposes). RECITALS: A. The Declarant is the owner of certain real property, which is intended to be a historical reserve and to be conveyed to Grantee as such and with the following covenants, conditions and restrictions and also be subject to a right of first refusal. NOW, THEREFORE, the Declarant, for and in consideration of the premises and the covenants contained herein, grants, establishes and conveys to Grantee a certain tract of land, which is further described in the attached and incorporated plat ("Property"), which shall be maintained as a historic reserve and further establishes the following covenants: l . There shall be no occupied dwellings on the Property; 2. The Property shall be maintained with all grass neatly mowed at all times and any trees maintained using best management practices; EXHIBIT 3. The Declarant further reserves the right to take any action reasonably required to maintain the Property in the event the Grantee fails to do so. This right shall include but not be limited to the right to enter upon the Property to do such work on the Property as may be required to effect the provisions of this Declaration. IT IS FURTHER agreed and understood that the Property shall be conveyed with the Grantor retaining a right of first refusal to purchase the Property in the event the Grantee conveys or sells all or a portion of the Property to an entity, which is not related to the Grantee and which is not a charitable entity established for the preservation of historic properties. The parties do agree to execute any and all such other documents as may be required to effect provisions of this agreement, including but not limited to, a memorandum confirming the right of first refusal to be recorded in the land records of Frederick County, Virginia. [REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK] 2 WITNESSETH, the following signatures and seals: O-N MINERALS (CHEMSTONE COMPANY) a Delaware corporation (Seal) Its: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , TO WIT: The foregoing instrument was acknowledged before me this day of , 2008 by Company). My Commission expires: Registration No.: of O-N Minerals (Chemstone Notary Public 3 CEDAR CREEK BATTLEFIELD FOUNDATION, INC. a Virginia corporation By: (Seal) Its: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , TO WIT: The foregoing instrument was acknowledged before me this day of , 2008 by Inc. My Commission expires: Registration No.: of Cedar Creek Battlefield Foundation, Notary Public 11 Methodology and Purpose of Pre -Blast Surveys at the Middletown Operation WHAT IS THE PURPOSE OF A PRE -BLAST SURVEY? As the name implies, the pre -blast survey is a visual inspection of selected structures located adjacent to proposed blasting activities. While off -site effects of commercial blasting such as that proposed for the Middletown expansion are expected to pose no threat to existing structures, it has been historically documented that when the perception of blasting reaches new or additional property owners, it is human nature to pay additional attention to one's property. Decades of research performed by the US Bureau of Mines as well as other investigative groups, have fully documented not only the impact of blasting on structures, but also the impact of ambient environmental conditions. While blast effects typically remain well below the effects of various environmental forces, stress caused by everyday exposure to various weather events regularly places strain on construction materials above their ability to resist impact. In other words, these studies have documented what every homeowner already knows, houses, over time, will develop cracks and defects. EXHIBIT WELL GUARANTEE AGREEMENT Carmeuse Lime & Stone, its successors or assigns (hereinafter referred to as "MINE OWNER") guarantees to the undersigned Owner that it will replace or replenish the Owner's existing privately owned domestic -use water well(s) under the following circumstances: Any water well negatively impacted in such a way as to render it unsuitable for its existing use, on property within 1,500 feet of any parcels being actively quarried and dewatered by MINE OWNER located at its Middletown plant (hereinafter referred to as the MINE OWNER Facility) by depleting a well, lowering the water surface below the pump or negatively intercepting the groundwater flow to the well. If at some future date MINE OWNER expands the MINE OWNER Facility and the active mining operations into other adjoining properties not currently zoned for earth materials extraction, then this Well Guarantee Agreement will be automatically expanded to include all parcels within 1,500 feet from those areas. MINE OWNER will repair the problem by lowering the pump, deepening the well. drilling a replacement well. and/or installing an appropriate water quality treatment system at no cost to the Owner. The undersigned Owner, in accepting this guarantee. agrees to the following conditions: The Owner grants permission to MINE OWNER or its representative to inspect and evaluate the current condition of the well as part of a baseline water well inspection survey. The Owner grants permission to MINE OWNER or its representative to perform water level measurements of the well or collect water quality samples (in addition to the baseline water well inspection survey) on an as needed basis for the purpose of creating background data for the well, and to assess potential complaints. The Owner agrees to notify within twenty-four (24) hours of discovery of the reduction of water supply, depletion of the well or degradation in water quality so that MINE OWNER and a third - party hydrogeologist (as a Licensed Professional Geologist in the State of Virginia) can verify and/or document any occurrences noted during quarrying at the MINE OWNER Facility that may have contributed to the reduction of water supply or well depletion. The third -party hydrogeologist shall document the reduction of water supply, depletion of the well or degradation in water quality. Further, the hydrogeologist will make a determination as to the cause of the reduction of water supply, depletion of the well or degradation in water quality only for purposes of determining the appropriate repair or remediation. MINE OWNER shall be responsible for supplying temporary potable water for human consumption, and potentially. water hauling for other uses (as appropriate) until the problem is corrected. MINE OWNER shall be allowed by the Owner to evaluate the well and conduct such reasonable tests as it deems necessary to verify the cause of the reduction of water supply, depletion of the well or degradation in water quality. MINE OWNER agrees to bear all reasonable expenses that result from said reduction of water supply or well depletion; including, but not limited to temporary potable water supply for human consumption, household use, water hauling for other potential uses (as appropriate), well and pump modification, new well construction, and legal fees expended in implementing this Well Guarantee Agreement. The owner shall notify MINE OWNER prior to undertaking remedial activities or incurring expenses that later may be borne by MINE OWNER. Repair costs due to worn or defective pumps, electrical cabling, and piping are specifically EXHIBIT excluded from this guarantee. The terms of the Well Guarantee Agreement are binding during the active life of the said MINE OWNER Facility, including one year following cessation of mining activities. Upon the expiration of one year following completion of quarrying activities at the MINE OWNER Facility, this Well Guarantee Agreement shall be considered null and void. Owner: Date: MINE OWNER: Title: Date: Local homeowners within 1,500 feet of the property line of the proposed expansion will be invited to take part in a pre -expansion survey of their domestic water wells. Within days after rezoning is approved, each property owner within the 1,500 ft. radius of the proposed expansion will be sent an informational newsletter explaining the purpose of the Survey. A second letter, which will include a short scheduling form for owners to fill out and return to Carmeuse Lime & Stone, will be sent out within days after the newsletter, and a public information meeting will be held as a follow up. As the scheduling forms are received, the property owners will be contacted by Carmeuse personnel to coordinate a day and time that is convenient to conduct the survey. The Survey generally will consist of a short, in -person or phone, interview with the resident, property owner, or other knowledgeable party to gain information on the history of their well. The interview will followed by a physical inspection of the well. This includes obtaining the water level, pump setting depth and total depth. Existing driller's logs will also be examined. All sampling will be conducted in accordance with governing approved testing procedures for potable water wells. Field parameters measured at the time of collection include pH, Specific Conductance, Temperature, and Turbidity. The samples will be packed in ice and transported under chain -of -custody to a third party, accredited analytical laboratory for analysis. The samples will be analyzed at the laboratory for pertinent biological and chemical constituents. These include Total Coliform, Alkalinity, Chloride, Sulfate, Nitrate, Phosphorus, Potassium, Sodium, Magnesium, Calcium, Iron, and Manganese. Each well will also be tested to determine its Specific Capacity, which will be used as a baseline for well yield estimations at that particular location. Well water at each respective well will be purged at a measured flow rate (variable for each well) for a specific time interval (also variable for each well) using the existing pumping system currently in place. The water level in each well will be measured during the testing period. Typically the well will be purged at a flow rate of less than 5 to 10 gallons per minute for approximately 30 minutes or less. The Specific Capacity for each test will be calculated using the average pumping rate during the test divided by the water level drawdown incurred at the well during the test. Copies of the resulting reports will be provided to the property owner, as well as being maintained by Carmeuse and the designated third party performing the evaluation. EEXHIBIT 7 / r •� I a 7 'f I�1 I j 3 d q: AREA SJNIhWRY I(f20 A'G y ' N- A,— w�� �..xnxx'vracEu 1 _, .. •"F 'k - . r O-N Minerals Chemstone r: GENERALIZED DEVELOPMENT PLAN FREDERCK COUNTY, VIRGINIA m ... MAY 20M EMIOrT l Jx ,Ia� al F ool - r - 1 r( - � o i Z 10 LEGEND � � err ... -aG PEaSiTAitFA / ��A - - �� PROPJSsu zON6:G 6011NNn�[v �! �1- .. I• SE�MOhIi O-N Minerals Chemstone A OVERALL PLAN FREDERICK°COUNTY, VIRGINIA .. �7-7 l u axruuc �' r r, O-N Minerals Gemstone P[ &A _ em PHASE I PLAN �J FREDERICK COUNTY, VIRGINIA MAY 20o - i. f " L 11 •. - - 'y r LEGEND l T S - i c I n _ _ y I � A... — a — O N Minerals Chem stone 1 - PHASE It PLAN ffi ... FREDERICK COUNTY, MRGINIA — — — — _ MAY 2008 .. C:' s / a" ,m 71 � 4 r F$tFlya �r f �. O-N Minerals Chemstone PHASE III PLAN FREDERICK COUNTY, VIRGINIA _ - — -- MAY 2008 ♦ VE^.EfATON SHOWN S EMMNG UNLESS OT4RWSE NO VIEWSHED IA HORIZONTAL SCALE: P - 600' VERTICAL SCALE 1' - 300' KEY MAP NO SCALE I Engine— Narrix Ru g A ne s pc Y �Minerals bemston E yneerx Swveian, Pia L A cl, to te. T,R, F Ja _ ie2260ir Frederick County, Virginia _ MAY 2008 I 14-11pliEff VlEWSHED I B HORIZONTAL SCALE= 1' = 600' VERTICAL SCALE: I" - 300' NO SCALE O-NAllinerals Cbemstone Frederick County, Virginia MAY 2008 ............ I 1 of :� �— — --. - - _' � -^ - - - - __ --- s r•--y'�L - - _ � � �. a - - P vPrt rM rUAur iyi4f±���,r.i�oi ... ..•...1 uia�kT��ri • re@Tllgll@IGvmns-�'IN61fiES6 a1HE1M6E NOTED. �W. :72 �� j1ti! l ��ssp' a a f 5�0-6B5-N93 EA,4a HORIZONTAL SCAG,E: 1' = 600' VERTICAL SCALE 1' = 300' KEY MAP NO SCALE Minerals Chemstone Frederick County, Virginia MAY 2008 - *01:7AT" 9 1OWN 6 UJ9MG UNLM OTHMME NOTED.VIEWS-HED 3 HORIZONTAL SCALE: 1" = 600' VERTICAL SCALE1 T = 300' KEY MAP NO SCALE 1-1 a A. 6 -'ne 0--7\T Minerals TPJ� IA 1 -D�' Frederick County, Virginia JL I �".' 1j MAY 2008 I - '�� ad _:A- - - - - - - - - - - - - ;E 0 ll. �4i00 ,G, I. , r f,. h _ 0 i0f0] _+COI 11100 2+0, ism .s 7 4'." 11+00 e+00 iS, , u z -oo zz+W ea+oo -es+oo z.. ov zWoo ar+00 28+OC • Wp EfATCN SHOWN 9 EU3TiNG UHEW 0779 l NOIHI. TEWS =TED 4A SCALE 1' — 300' � s - /r: P THEY MAP NO SCALE NRA O-N Minerals Cbemstone aoo —TLIE ---- — — -- rPP ........ s aEaM AanEEEM , 0 -1777 � _ IIkk �I '], ; YI i °� 3i J 2. # Q •i G P ZY n I _ h C+ 3 C^ - �. n En .0 B.WO 9+OC i( �. J _� �s, �i 1•. ial - .Lr. -4 l vt[a- 1.' 25+Ea —.... ,.ICO 3..0 u(�'Jy1'{�(y'.�x aw,G —P < •i vl. • �E ATAN SHOWN L9 6'OHf44 AL.ESS OT/ VW' NOTED. R tl I E W V 1 1 E D 4 �/ Pai�o H rris Ru sf'S Ogcs spe ArcM1yrAe lEn�g�in—cT�r•++Tv. vv�on. Flonnen. Lanmco '�l�c�: SCALE! 1' = 300' F "e* V; L -q f>p KEY NIAP NO SCALE 0- V Minerals Chemstone Frederick County, Virginia MAY 2008 —, roc o-._o�.w z�� �a�'T." s+w �� _. ... is--. u•� e3�N 1i -'s.o� o� ... .., Ty... so�x� �+o"�o � o <+ao �_� �zs. oo 3osaa - �z`.=,: • rA EAi1DN EiIOYAJ B ''—VINO lML[59 OE}gM� NOT® VI WShED 5A SCALE, 1" - 300' p .11 r/\ % KEY MAP NO SCALE i Px,,ox �a � a asx�ra os O-N Minerals Cbems one Pf ftA Frederick Coun#y, Virginia �°+' MAY 2008 7- F TQ � I -PA — — — — — — — — — — — — — — — t r 1— 11— t2— 11 1 11— 11— -1— 1— — .1. 1— 21-oo —1, VIEWSHED 5B SCALE: V - 300' KEY MAP NO SCALE 0-lV Minerals Clyemstone Frederick County, Virginia MAY 2008 jE girie�eam. S�u��.. y..,_...a............ Archlle soulJ V. aoo r 5 '.. ._: •. ,.. � .. ;. ., ,... .�. , v ,. , 14r.. 75:..,, � 22, : i m'2 _. ..'z, .. -.. ..,. ___•• _.._ � [U .N-K4 • 4EOETAigN BHOkN IB Off", R!.] UNLE66 oTIEfTA� Np1ED. V`EWSHEM �� SCALE: 300' .' 14 � v i 1-EY MAP NO SCALE - N, Mineralu Che stone Frederick County, Virginia MAY 2008 —— leoo eoo Pa 4 --------- Ile. .-.4q, W_�_ 9,P.g a Cuarr ro+l y, -aRe. isoo s+J�— y - - n ].•f { 9rL' IN 6�- l I...] tC.._ .ate 4¢•Ca • I�fi - Z. �EOr9HO%W 13 rMTHO LM E'E ORERE MI Y1WWS]H� I E.UD 2]r iWhh SCALE; .. z5+0o .I 2,.[� a9+ � .�J•1 I SV 11i1. IJ+(' �: ': Oa ]fi+0 ] f e0..0 ai-.i r — 300' S I � r } 14 BEY MAP NO SCALE O-N Minerals Cbemsto e Frederick County, Virginia MAY 2008 PHRA lei .411 fly VECErATbN 94OWN 0 EXSrW WLMOT49WIZE NOTM. t ton z VIEWSHED 8 SCALE: 1- - WU KEY ]SAP NO SCALE O-N AlillMrals ,.I-,2mstone Frederick County, Virginia MAY 2008 7 . VECETATW N SHOWN S EQM4 UMMS OTH8WSE NOT® E,s',Z_ PI BRA r i _ IF �lklc'� ' Ei•$ e ,q .d 'd 00 L N 2N D 2 ,� _t-=, VIEWSHED 9 SCALE: 1' - 300' _ r. KEY MAP NO SCALE I Frederick County, Virginla MAY 2008 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Fee Amount Paid $ 101 1 �X- Zoning Amendment umber 0 Date Received le '1-1 -I PC Hearing Date _ III I -I BOS Hearing Date The, ollowing information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: O-N Minerals (Chemstone) Company Name: d/b/a Carmeuse Lime & Stone Address: 11 Stanwix Street, 21 st Floor Pittsburgh, PA 15222 2. Property Owner (if different than above): Name: Address: 3. Contact person if other than above: Name: Thomas Moore Lawson, Esq. 4. Property Information: Telephone: 540-465-6802 Telephone: Telephone: (540) 665-0050 a. Property Identification Number(s): 83-A-1 09 & 90-A-23 b. Total acreage to be rezoned: 394.2 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: Extractive Manufacturing (EM) 394.2 Acres e. Proposed zoning designation(s) and acreage(s) in each designation: Extractive Manufacturing (EM) 394.2 Acres f. Magisterial District(s): Back Creek 12 5. Checklist: Check the following items that have been included with this application. Location map Agency Comments --V(-- Plat Y( Fees V/ Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pelf's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone 7. Adjoining Property: See Attached PARCEL ID N11TIBER USE Z*NING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The subject parcels are situated generally west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625), and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek, and is west and adjacent to Meadow Mills Road (Route 624). 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 78 Acres - quarry pits 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. r_3 Applicant(s): Date: C .�'� Z 0 17 Date: Date: Owner(s): Q, ► / a'' Z v /7 Date: I1' ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. 11 Name and Property Identification Number Address Name SOMPANDH WANANT 4834 GAINSBOROUGH DRIVE FAIRFAX, VA 22032 property # 84-6-1 NameWILLIAM AND LAURIE HUNTER 151 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property # 84-6-2 Name KEVIN AND ELIZABETH BARRINGTON 205 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property# 84-6-3 Name DANIEL E. TAYLOR, JR. 241 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property# 84-6-4 Name MARK AND NATASHA HOWARD 277 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property #84-6-5 Name DONALD AND DONNA HOPKINS 325 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property # 84-6-6 Name MICHAEL AND SANDRA SWIGER 357 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property# 84-6-7 Name BARBARA J. BASILE 379 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property #84-6-8 NameJAMES AND SHARON SANTMYERS 411 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property #84-6-9 fL Name and Property Identification Number Address NameKEITH AND LINDA MCNEELY 443 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property #84-6-10 NameHAROLD F. STALCUP 3458 ZEPP ROAD MAURERTOWN, VA 22644 Property #84-6-11 Name PAUL J. CLEVENGER 451 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property #84-6-12 Name LYNNETTE C. DALTON 430 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property 484-6-13 NameJOHN AND MEGAN HANSEN 342 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property 484-6-14 NameSYLVIA A. BOTTOMLY 300 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property 4 84-6-15 Name EDWIN AND ELIZABETH STREUN 276 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property # 84-6-16 NameKURT AND DENISE BORGOYN 210 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property # 84-6-17 NameWILLIAM BENSON HAMMER III 120 WESTERNVIEW DRIVE MIDDLETOWN, VA 22645 Property # 84-6-18 Name GARY S. & DALE A. NICHOLS 216 MARSH BROOK LANE MIDDLETOWN, VA 22645 Property #84-A-7 Name RICHARD A. & JANET S. DYE 11310 VALE ROAD OAKTON, VA 22124 Property #84-A-12 [:Ne H & E, LC 1832 CHAPEL ROAD MIDDLETOWN, VA 22645 Pramoperty #84-A-17 NameWILLIAM AND MELYNDA HOEMMEN 1875 HITES ROAD MIDDLETOWN, VA 22645 Property #84-A-17A Name PATRICIA HUDGINS AND ROBERT RENNER 1786 CHAPEL ROAD MIDDLETOWN, VA 22645 Property #91-A-7 UM Name JOHN S. SCULLY IV AND WINCHESTER WAREHOUSING 114 NORTH CAMERON STREET NameTHOMIAS AND DORA BOWMAN 1115 CHAPEL ROAD NameGARRETT FARMS, LLC 224 MEADOW MILLS ROAD NarneMILDRED G. BRUMBACK 420 BELLE GROVE ROAD Name BARRY L. BOWSER P.O. BOX 21 Narne CEDAR CREEK BATTLEFIELD FOUNDATION INC. P.O. BOX 229 Name BLUEGRASS MATERIALS COMPANY LLC 200 WEST FORSYTH STREET, SUITE 1200 Name MIDDLETOWN HUNT CLUB INC. P.O. Box 121 Name Property 4 Name Property # ame Property # Name Property # 16 REZONING APPLICATION #02-18 ST. PAUL' S ON THE HILL Staff Report for the Board of Supervisors Prepared: August 30, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this staff report. Reviewed Action Planning Commission: 08/15/18 Public Hearing Held; Recommend Approval Board of Supervisors: 09/12/18 Pending PROPOSAL: To rezone 4.971+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with proffers to restrict the use of the subject property to a church and housing for older persons. LOCATION: The subject property is located at 1527 Senseny Road in the Red Bud Magisterial District. PROPERTY ID NUMBER: 54-A-128 PROPERTY ZONING AND USE: RP (Residential Performance) District; Institutional. ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) District Use: Residential South: RP (Residential Performance) District Use: Residential East: RP (Residential Performance) District Use: Residential B 1 (Neighborhood Business) District Vacant West: RP (Residential Performance) District Use: School EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/12/18 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 4.971+/- acres of land to the RP (Residential Performance) District with Proffers to restrict the use of the subject property to a church and housing for older persons. The site is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. While the current land use plan designation is inconsistent with the current RP Zoning, the Applicant is seeking an amendment to the Comprehensive Plan to designate this property as Urban Center. The Comprehensive Plan Amendment is being processed concurrent with this proposed rezoning. The Planning Commission recommended approval of this rezoning at their meeting on August 15, 2018. Followin,- the required public hearin,-, a decision re,-ardin,- this rezonin'- application by the Board of*Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of*Supervisors. Rezoning #02-18 St. Paul's on the Hill August 30, 2018 Page 2 REVIEW EVALUATIONS: Frederick Water: Please see memo from Eric Lawrence AICP, Executive Director datedApril 5, 2018 (Comprehensive Plan Amendment Comment). Planning & Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the County's Zoning Ordinance. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this Plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 203 5 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. While the current land use plan designation is inconsistent with the current RP Zoning, the Applicant is seeking an amendment to the Comprehensive Plan to designate this property as Urban Center. The Comprehensive Plan Amendment is being processed concurrent with this proposed rezoning. 4) Proffer Statement — Dated August 8, 2018: 1. Development and use of the property: 1.1. Development on the Property shall be limited to a Church, and to Housing for Older Persons as that term is defined in 42 USC § 3607(b)(2) and regulations issued thereunder, and any applicable state law or local ordinance; and provided further that as to 100% of the housing units, each unit shall be rented or sold such that at least one resident in each unit is a person at least age 55 or over. Rezoning #02-18 St. Paul's on the Hill August 30, 2018 Page 3 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/15/18 MEETING: Staff provided an overview of the requested rezoning; Staff noted that while the current designation is inconsistent with the land use plan, the Applicant is also seeking a Comprehensive Plan Amendment to change the designation from institutional to urban center. Ms. Perkins explained, with this rezoning the Applicant has proffered: • Development on the Property shall be limited to a Church, and to Housing for Older Persons as that term is defined in 42 USC § 3607(b)(2) and regulations issued thereunder, and any applicable state law or local ordinance; and provided further that as to 100% of the housing units, each unit shall be rented or sold such that at least one resident in each unit is a person at least age 55 or over. Staff concluded, the agenda item following this rezoning addresses the request to change the designation from institutional to urban center; this rezoning request seeks to address the Planning Commission's concerns regarding the Comprehensive Plan Amendment request, specifically the limitation of the property to older person residential units. Mr. Evan Wyatt, of Greenway Engineering, representing the Applicant reported, at the last Planning Commission meeting the concern was heard to try and control the land use through a private covenant; the response to that is a proffer being presented that accomplishes that. Commission Member Oates commented he is supportive of this request and it now becomes a clean project. A motion was made, seconded, and unanimously passed to recommend approval of REZ #02-18 St. Paul's on the Hill. (Note: Commissioner Molden and Commissioner Thomas were absent from the meeting.) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/12/18 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 4.971+/- acres of land to the RP (Residential Performance) District with Proffers to restrict the use of the subject property to a church and housing for older persons. The site is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. While the current land use plan designation is inconsistent with the current RP Zoning, the Applicant is seeking an amendment to the Comprehensive Plan to designate this property as Urban Center. The Comprehensive Plan Amendment is being processed concurrent with this proposed rezoning. The Planning Commission recommended approval of this rezoning at their meeting on August 15, 2018. Followin- the required public hearin,-, a decision rezardin,- this rezonin'- 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. 188 VILLAGE C-� r :'. REZ # 02 - 18: St. Paul's on the Hill PIN: 54-A-128 Rezoning from RP to RP with Proffers Zoning Map 1481 SENSENYRD r 124 MLLIAMSON RD WILLI 119 WILLIAMSON RD 1 L7 WILLIAMSON RD 4 6WW — SON RD ,f fl�0 P� L�GL i t \ f �Im am UCAd9 � tp� �AP � i m 1 RD z t1�Y3 m neety Y-,Y,7i2 Appl arceation Parcels l Parcels B1 (Neighborhood Business District) RP (Residential Performance District) z N WE S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 380 Feet Map Created: July 23, 2018 1za ,k �` WIWAMSON RD iM 188 11 1LLAGE C-T WILLIAM i19 WILWAMSON RD 1 L7 WILWAMSON RD ' .� WILLIAMSON RD 1481 ., SENSENY RD WILLIAMSON RD Gf3tK3 tos' - 301 WILLIAMSOt\ KASSIE LN • 10 V W a . - Y�{ . 101 � �� • WIWAMSONPL - � _ t, ,. 10o yt 1508 WILLIAMSON PL SENSENYRD 'RD ti = - 1518 SENSENY RD 1538 - 1532 SENSENY RD 1562 SENSENYRD 'SENSENY RD 1548 105 SENSENY RD BOUNDARY AVE Appl Parcels arceation l Parcels � � F I 0 95 190 ABBtyRDT ® s w it N EVE S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 380 Feet Map Created: July 23, 2018 -- - - - - -- Oo. 0 U* n 0 o d 0 0 0 �WIL—Ua/v1soN PAL d 0 0 0 0 0 0 �. 0 0 0 0 0 :- _ _ n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O d O d 0: -' ` n d O o 0 o d o o 0 d o o o 001300000000 - n00o0O00000 0000000000c000i— n0000000 0000000000000000Oi. no 0odoOot3n1538n0o=,d0C,000C c7v SENSENY RD I. _ *n00000o_doo0`dd,d000cl000s3 15, VSENY RD d d ^d C Q 0 0 0 0 0^ 1562� e) 0 0 0{ 1532 SENSENY'RD doo'SENSENYRD0 0 0 0 0 0 0 0 0 o!) 0 0 0 00047000000.00000000+ ENSENY ^IRD, 1548 S 0 0 0 cl O o d o o 0 0 SENSENY RD 'J o d o Q 0 o i 00000000000DO000000000 0000000000000000000000 0000000C+000t3000 D00(_104)00 UNO 0000000o n1.542�o00o1']ovv°vv s -- -1 o o +] O o o O sQ O C i o o 0 i? O c; O-) 0 0 Q "+ 0 0 0 0 o d C) 0 0 0 o o 108 p 0 U 0 UNDERWOODI PROFFER STATEMENT WESLEY HOUSING DEVELOPMENT CORPORATION ST. PAUL'S ON THE HILL RED BUD MAGISTERIAL DISTRICT 4.971 Acres Rezoning: Record Owner Applicant: Property: Zoning: Project Name: Date: RZ 402-18 Flonnie Marie Williams, Lokie Leo Voight, and Joan O'Malley Inger, Trustees of St. Paul's on -the -Hill Episcopal Church Wesley Housing Development Corporation of Northern Virginia 4.971 acres located at 1527 Senseny Road, Parcel Number 54-A- 128 RP (Residential Performance) to RP Proffered St. Paul's on the Hill August 8, 2018 Pursuant to Va. Code Ann. § 15.2-2296, et seq., and § 165-102.06 of the Frederick County Zoning Ordinance, the undersigned hereby proffers that the development and use of the Property, consisting of approximately 4.971 acres, located at 1527 Senseny Road, Winchester, Virginia, in Frederick County, shall be in substantial conformance with the following conditions. In the event this rezoning is granted as applied for by the Applicant, then these proffers shall supersede and replace in their entirety all other proffers made prior hereto. In the event this rezoning is not granted as applied for by the Applicant, then these proffers shall be deemed withdrawn and shall be null and void. The term "Applicant" as referenced herein shall include within its meaning the current owner, all future owners and successors in interest. 1.1. Development on the Property shall be limited to a Church, and to Housing for Older Persons as that term is defined in 42 USC § 3607(b)(2) and regulations issued thereunder, and any applicable state law or local ordinance; and provided further that as to 100% of the housing units, each unit shall be rented or sold such that at least one resident in each unit is a person at least age 55 or over. [Signatures on following page.] PROFFER 'AON RED BUD MAGISTERIALDISTRICT 4.971 Acres SIGNATURE PAGE • • Kowix WESLEY HOUSING DEVELOPMENT CORPORATION OF NORTHERN VIRGINIA r� Name: A r e j r r Title: 1 %I - State of VLk(I wrua� County of -I�ZL Subscribed and sworn to before me this'9 day of ft( , 2018 in my County and State aforesaid, by the aforenamed principal. NOT �BLIC My Commission Expires: My Notary Registration Number: ��' ,`�.�•tiPO�SH. JE��sy. �`; • • •. Y PUB..• LIC % • REG. #128404 g a Imy COMMISSION: EXPIRES Q 11/20/2020 , :' PROFFER STATEMENT ST. PAUL'S ON THE HILL RED BUD MAGISTERIAL DISTRICT 4.971 Acres By: Trustee Lokie Leo Voight Qommonwealth of Virginia: (I of �ubscribed and sworn to before me this q day of hklt1, 2018, in my WCr— and State aforesaid, by the aforen—kned principal. a N6TARPUBLI& My Commission Expires: RAYNA Y. FLYTHIF NOTARY PUBLIC My Notary Registration Number: REG. *"54080 COMMONWEALTH OF VIRGM MY COMMISSION EXPIRE& MAY 31,2021 I 4 PROFFER STATEMENT ST. PAUL'S ON THE HILL RED BUD MAGISTERIAL DISTRICT 4.971 Acres mna TRUSTEES OF ST. PAUL'S-ON-THE-HILL EPISCOPAL CHURCH By--- Trustee Flonnie Marie Williams ommonwealth of �Vaginia: of if Sri Sub cribe and sworn to before me this 'R day of 4 Q I —, 2018, in my and State aforesaid, by the aforenam'jed principal. J NOTARf PUBUle! My Commission Expires: a � RAYNA Y. FLYTHE NOTARY PUBLIC My Notary Registration Number: m5YOKQ REG. #7754086 • COMMONWEALTH OF VIRGINJLA My COMMISSION EXPIRFj MAY 31, 2021 PROFFER STATEMENT ST. PAUL'S ON THE HILL RED BUD MAGISTERIAL DISTRICT 4.971 Acres By;, _ _ r. Trustee foan O'M ley Ing mmonwealth of Virginia: of Freden U�- ubscribed and sworn to before me this '� day of RU WE+-, 2018, in my (1 6T �'�, ULLand State aforesaid, by the afor named principals. v - 9—m�� NOTA PUBLI My Commission Expires:RAYNA I •....� Y. FLYTHE NOTARY PUBLIC M Notary Registration Number: CJ �{ (� F'ZQ REG. #7754080 y y g r]� COMMONWEAI.TFi OF VIRQtN1A IDMY COMMISSION EXPIRES MAY 31, 20Z} 5 Action: PLANNING COMMISSION BOARD OF SUPERVISORS August 15, 2018 September 12, 2018 ORDINANCE Public Hearing Held; Recommended Approval AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-18 ST. PAUL'S ON THE HILL WHEREAS, REZONING #02-18 submitted by Greenway Engineering, Inc., to rezone 4.971± acres from RP (Residential Performance) District to the RP (Residential Performance) District with proffers to restrict the use of the subject property to a church and housing for older persons with a final revision date of 08/08/18 was considered. The subject property is located at 1527 Senseny Road in the Red Bud Magisterial District and is identified by Property Identification No. 54-A-128; and WHEREAS, the Planning Commission held a public hearing on August 15, 2018 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 12, 2018; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive 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 rezone 4.971± acres from RP (Residential Performance) District to the RP (Residential Performance) District with proffers to restrict the use of the subject project to a church and housing for older persons with a final revision date of 08/08/18. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. PDRes 930-18 -1- This ordinance shall be in effect on the date of adoption. Passed this 12th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Shannon G.Trout Blaine P. Dunn PDRes 930-18 -2- Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Kris C. Tierney, Frederick County Administrator dp%� R40% V1471 GREENWAY ENGINEERING July 20, 2018 151 Windy Hill Lane Winchester, VA 22602 Frederick County Planning Department Attn: Mike Ruddy, Director 107 North Kent Street Winchester, VA 22601 RE: St. Paul's on the Hill Land Use Conditional Zoning Amendment Information Dear Mike: As discussed, St. Paul's on the Hill has agreed to file a Conditional Zoning Amendment specific to Tax Map Parcel 54-A-128 that limits the development of the property to a Church and Elderly Housing land use. The information in this letter is intended to provide projected impacts for this land use development compared to the by -right land use development that can be accomplished through the Site Plan process. Please note the following: Transportation The following table provides a comparison of the traffic generation rates specific to the maximum elderly multifamily housing units and the maximum townhouse units that could be developed by - right. The values used from this comparison were obtained from the Institute of Traffic Engineers (ITE) Trip Generation Manual, 9t" Edition, which is the source currently utilized by VDOT and Frederick County for transportation impact analysis. Weekday Average Daily Traffic Volume Comparison Land Use ITE ADT Rate Unit Numbers Totals Single -Family Attached (Townhouse) 210 9.52 49 467 ADT Senior Adult Housing Attached 252 3.44 98 337 ADT Project #6387W Engineers Surveyors Planners 1Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 7-20-18 www.greenwayeng.com Weekday AM Peak Hour Traffic Volume Comparison Land Use ITE AM Peak Unit Numbers Totals Hour Rate Single -Family Attached (Townhouse) 210 0.77 49 38 Peak Hour Trips Senior Adult Housing Attached 252 0.39 38 27 Peak Hour Trips Weekday PM Peak Hour Traffic Volume Comparison Land Use ITE PM Peak Unit Numbers Totals Hour Rate Single -Family Attached (Townhouse) 210 1.0 49 49 Peak Hour Trips Senior Adult Housing Attached 252 0.35 98 34 Peak Hour Trips The above tables demonstrate that the development of the maximum number of elderly multifamily housing units results in reduced impacts to transportation compared to the development of the maximum townhouse units that are permitted by -right. The subject parcel has approximately 250' of frontage along Senseny Road (Route 657) and is currently served by a single entrance. The proposed development project is intended to be served by the same entrance; therefore, there will not be additional points of access onto Senseny Road. Water and Sewer Capacities The 4.97± acre subject parcel is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Greenway Engineering has analyzed the water and sewer capacity requirements for the proposed mixed -use church and elderly housing project assuming a projected volume of 750 gallons per acre. This projection results in an average daily demand of 3,750 GPD, which can be accommodated by the community's water and sewer capacities. Project #6387W 2 7-20-18 Public Schools The proposed mixed -use church and elderly housing project will provide affordable housing options for seniors within the community that will not create an impact to Frederick County Public Schools. The 49 townhouses that could be developed by -right would generate 14 students on average based on the students/household calculation utilized by the Frederick County Public Schools Planning Division. Therefore, the proposed mixed -use development project would be a beneficial land use to the County compared to the by -right land use allowance specific to Public School Services. Fire and Rescue The proposed mixed -use church and elderly housing project will create an impact to Fire and Rescue Services provided by the County. The multifamily residential structure will have a sprinkler system throughout the facility that will assist with fire suppression. The multifamily residential structure will have elevator access for all occupied floors that will assist with ambulatory service needs. These design considerations are intended to assist in the mitigation of impacts to emergency services specific to the proposed land use, which would not be required for the by -right residential development. The subject parcel is located approximately 0.85 miles from the Greenwood Volunteer Fire and Rescue Company, which allows for appropriate emergency response time from the first due company. Additionally, a few years ago, the County Volunteer Fire and Rescue Companies agreed to establish a fee -for -services program that was intended to provide revenue recovery for ambulatory services from insurance reimbursements to assist in the mitigation of this impact. Parks and Recreation The proposed mixed -use church and elderly housing project will provide affordable housing options for seniors within the community that will not create an impact to Frederick County Parks and Recreation Services provided by the County. Operations specific to the proposed project include an on -site manager that is responsible for providing activities that promote socialization, health and wellness activities within the facility. Please advise me if you need any additional information regarding projected impacts specific to the proposed mixed -use church and elderly housing project. Sincerely, Evan Wyatt, Direeorof Land Planning Greenway Engineering, Inc. Cc: Bob Lovan, St. Paul's on the Hill Rosa Estrada, Wesley Housing Development Corporation Project #6387W 3 7-20-18 FREDERICK WATER 315 Tasker Read PH (540) 868-1061 Eric R. Lawrence Stephens City, Virginia 22655 Fax f5401868.1429 Executive Director www.FrederickWater.com MEMORANDUM TO: Candice Perkins, Assistant Director, Frederick County Planning Department FROM: Eric R. Lawrence, Executive Director SUBJECT: St. Paul's on the Hill Comprehensive Policy Plan Amendment Review DATE: April 5, 2018 Thank you for the opportunity to provide comments on the St. Paul's on the Hill Comprehensive Policy Plan Amendment application. This memorandum serves as the response to your request for comment dated March 30, 2018. St. Paul's on the Hill — CPPA Request tc amend Land Use Designation; Parcel 54-A-12E. This property is located at 1527 Senseny Road, along the north side of Senseny Road, on the site of the St. Paul's on the Hill Episcopal Church. The property is located within the SWSA; therefore, by policy the site is permitted to utilize Frederick Water's public water and sewer services. The existing church is served by City water and sewer. Frederick Water's water and wastewater treatment capacities currently exist to serve the future development of the site. As the site is presently not served by Frederick Water, conveyance infrastructure would need to be extended to the site by the applicant/developer. A 16-inch water main is located approximately 700-feet east of the site, at the intersection of Senseny and Williamson Roads. Depending upon sewer flow demands, sanitary sewer is available approximately 450-feet south of the site (at the rear of the Bank of Clarke County parcel), or 950-feet east of the site (in the 1600 blk of Senseny Road). The applicant/developer will need to evaluate the sanitary sewer locations to determine if adequate capacity exists in the sanitary sewer lines and associated pump stations to accommodate the project's sanitary sewer flow demands. Treatment and conveyance capacities are not secured until water and sewer connections are purchased and utilized. Water At Your Service REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number. PC Hearing Date Fee Amount Paid $ Date Received BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division,107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Naive: Trustee's of St. Paul's on the Hill Telephone: (540) 667-8110 Address: 1527 Senseny Road Winchester, VA 22602 3. Contact person if other than above: Name: Evan Wyatt, Greenway Engineering Telephone: (540) 662-4185 4. Property Informatiion: a. Property Identification Number(s): 54-A-128 b. Total acreage to be rezoned: 4.971 Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A d. Current zoning designation(s) and acreage(s) in each designation: RP District e. f. Proposed zoning designation(s) and acreage(s) in each designation: RP District with Proffers Magisterial District(s): Red Bud District 12 5. Checklist: Check the following items that have been included with this application. Location snap _ ✓ _ Agency Comments Plat _ ✓ _ Fees _ ✓ _ Deed to property _ ✓ _ Impact Analysis Statement Verification of taxes paid _ Proffer Statement _ ✓ _ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Trustees of St. Paul's on the Hill Episcopal Church (Instrument No. 170008658) 7. Adjoining Property: PARCEL ID NUMBER 54-A-129 54C-12-C-56 54C-A-127F 54-A-127B 54-A-127C 54E-7-27, 28, 29 IIM V, Residential Residential Residential Undeveloped Residential ZONING RP District RP District RP District RP District 131 District RP District 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The subject property is located on the north side of Senseny Road (Route 657) approximately 250' east of the intersection of Senseny Road and Boundary Avenue. 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family: So Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: N/A Restaurant: N/A Warehouse: N/A Commercial: N/A Other: church - SF TBD 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner 10- t42 Owner(s): 14 Date: 7 /2-0 Date: �© r Date: Date: ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Frederick County School Board PO Box 3508 Winchester, VA 22604 Property # 54-A-129 Name William & Mary Olien 211 Meade Drive Winchester, VA 22602 Property # 54C-12-C-56 Name Billy J. Tisinger Trustee PO Box 368 Winchester, VA 22604 Property # 54-A- 127 F Name Billy J. Tisinger Trustee PO Box 368 Winchester, VA 22604 Property # 54-A-1 27B NameSummit Community Bank PO Box 179 Moorefield, WV 26836 Property # 54-A-127C NameZEB, LLC 603 S. 6th St. Fernandina Beach, FL 32034 rPrope;#54E-7-27 Name Charles & Kristen Crosby 1532 Senseny Road Winchester, VA 22602 Property # 54E-7-28 Name The Country Store LLC PO Box 2247 Winchester, VA 22604 Property # 54E-7-29 Name Property # 15 Legend O St. Paul's On The Hill Parcel Boundary Feet 100 0 100 Map Data Source: Frederick County, Va. GIS Department, 2017 Data; Aerial Photo From 2017 N •S S Z J Q = w W J U J w U 54 A •128_ Z) W 0 Z 1 'e a> QO C ° HZ EEQ w w � 2 Q �- A* w O �1 U o F- m w : DO Q z _ oeJww'U--)(Dow w w J > m o < � F- z Lu Lu zo Pr 00O z�00 O Q[1� O U LL p o wo0oe- wo co Doju b o ju D r J 1 v u �i 0 U m LEGEND \ IRF -IRON ROD FOUND LOT "' BLOCK C IRS- IRON ROO SET ROLLING FIELDS IT - FINISHED FLOOR EDITION T oe eoz ac Om RF - BUEUENT FLOOR EENa ION u sac-�z-c-sc Ex. - EXISTING FREDERICK COUNTY POE - POINT OF BEGINNING SCHOOL BOARD IRF EXAM CONTOUR B'RE " _ . N32 ------------ -- -=,----`— i API B -- - - - - — -'� t _ _ ---- - __�� �— _ " y / i DD u� P� ssa"T / - - - - - - i- "— / �o Illy - ----- ----- _� zOo�oNTC. —` —Li �,T �TT 'HRISt EPISCOPAL, CHURCH WE- RE 2 s P 411 T �co 14911 AC ESKE R,\��� �N� �X — � t/ aa^ t a"ro..s` � rorcm°woi: 11 a' ae6 S4 t% a � I GO /���\�� \'X/i�� FEE � ��i �-1_I�I �I 1 �....Kn o�s� GET, ten, TI XT s00ISSEN c21 sa�NT F / PACE-BROOKE \ I\ °I *' I �_ �� A /s \N LLLIILJ IR-IRE /aea00N, c�ioi "� -_ �S35"5O'OT'W 68531' VA Iu - ' PAGE-BROOKE LAND TRUST LB \� / TTIRS X i SWMMIT COMMUNITY _ TM sa-e. 121E �� T /N BA o O�a0, " T : Y ,N ED I /� �\ EOUN"ISYosr, ATTOR"EYALLAVE TITLELETTER, DATEDLULY2a,20nuSrEDEXCEPTIONS. RA Zoning Requirements: LIF No'AND UST AR12 r GENERAL NOTES: ee Or u1wel ewe1OVNL cncucn. rueueulcu TIFOH ATIT HAS BEENPR 'FE,TOTPZYL4"" IM ", O,ISYwI� NOI1rYHrerNIA rN M,HA" re TOTALAREAOF SURVEY=awT ED SURVEYOR'S CERTIFICATE: DO z z a _ J r Q Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: vN N .T6 a.w% Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) ��u��c or 5—,. Porv, 's e,q 1" g It-- G:e%-4 oraA (Phone) CA40ZC-K (Address) 152-1 'Srwspwl Roprb 7nliMct►c-sTe-,, . YA ZzGoZ., the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Ir�errtdt�. on Page I i,; , and is described as Parcel: '54, Lot: 1 Block: ' ? Seetion: Su i9ien: do hereby make, constitute and appoint: (Name) GRrW-4 wLly Ir4 C . (Phone) ( 54o� (Address) 151 +�oy 14 tiu. LAr4C \N�Nci4�e6- YL \/A 77 (ct} . To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we),have hereto set in our hand and -seal this day of Signature(s) Y. REG. #7754086 State of Virginia, City/County of a CJL , To -wit: - COMMONWEALTH OF VIRam% MY COMMISSION EXPIRES MAY 31, 2021, a Notary Public in an or , certify that the rson(s) who sign d to the foregoing instrument personally appeared before me and has acknowled ed the same before mein the jurisdiction aforesaid this day ofadtU 20_LK_. D�JI a 1t) My Commission Expires: � @ Notary blic Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) 1 u�jEi�:s or S; _ (w,2t, ik TRc A,u..- (Phone) (54u) 16167- $110 (Address) 1 52-1 Kc,4N +,= owner(s) of all those tracts or parcels of land ("Propert Office of the Circuit Court of the County of Frederick, on Page 4-I (o ") conveyed to me (us), by Virginia, by and is described as Parcel: Lot: Block: i1b Seetion: Ste: do hereby make, constitute and appoint: (Name) GPmca40! % . (Phone) (£:. (Address) IS I \4,,4 >g J41w LP,-,C VAI, Z_4(-07_ the deed recorded in the Clerk's To act as my true and lawful attorney -in -fact for and in my -(our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This'authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this J O day of �,(� , 20 j, RAYNA Y. FLYTHE Signature(s) [�N_ NOTARY PUBLIC 754086 p - I I/ - COMMONWEALTH OF VIRGINIA� _ 'C. State of Virginia, City/County of (,- , To -wit: MY COMMISSION EXPIRES MAY 31, 2021 I, , a Notary Public in and for the jurisdiction aforesaid, certify that the erson(s)who s ned to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this day of Li , 20 (. 14 My Commission Expires:�Lawl- Notary P ic Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) �tcus �S of 5, . PPu.. S oNic + isca(Phone)�,'�} (r„tr`�'' f3 i 10 C +IVXC 4 (Address) 1577 5cr4sa 1 Ra" Wjs.ac.,�5-reQ,. \/A Z7toO-7— the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by on Page .� , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) tscrW4waq 5Nc,,,41raw(_r Jric., (Phone) ( 5eA (.("4- 4B5- (Address) i 51 Wi py 14 tuu I, o"U Wi tAc 4c—s t�,P, Y A-2z&c)-z_ To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with fu11 power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise In witness thereof, I (we) have hereto set my (our) hand and seal this aO day of Signature(s) or modified. _, 20_lg , RAYNA Y. LYT— H�"" .�„-. - ! State of Virginia, City/County ofRpde)ck� , To -wit: COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY 31, 2021 a Notary Public in and for the jurisdiction a ore , certify that the pkrson(s) who sighed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of U , 2019' . My Commission Expires: MrW 21 `S 091 Notary P lic J Action: PLANNING COMMISSION BOARD OF SUPERVISORS August 15, 2018 September 12, 2018 ORDINANCE Public Hearing Held; Recommended Approval AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-18 ST. PAUL'S ON THE HILL WHEREAS, REZONING #02-18 submitted by Greenway Engineering, Inc., to rezone 4.971± acres from RP (Residential Performance) District to the RP (Residential Performance) District with proffers to restrict the use of the subject property to a church and housing for older persons with a final revision date of 08/08/18 was considered. The subject property is located at 1527 Senseny Road in the Red Bud Magisterial District and is identified by Property Identification No. 54-A-128; and WHEREAS, the Planning Commission held a public hearing on August 15, 2018 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 12, 2018; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive 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 rezone 4.971± acres from RP (Residential Performance) District to the RP (Residential Performance) District with proffers to restrict the use of the subject project to a church and housing for older persons with a final revision date of 08/08/18. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. PDRes 930-18 -1- This ordinance shall be in effect on the date of adoption. Passed this 12th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Shannon G.Trout Blaine P. Dunn PDRes 930-18 -2- Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Kris C. Tierney, Frederick County Administrator 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 RE: Public Hearing - St. Paul on the Hill Comprehensive Plan Amendment DATE: August 27, 2018 This is a draft amendment to the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan. The Applicant is requesting to change the future land use designation from Institutional to Urban Center to allow for the construction of 70-unit age -restricted, low-income apartment building. This request is presented to Board of Supervisors as a public hearing item. Staff is seeking a decision from the Board of Supervisors on this Comprehensive Plan Amendment request. Proposal The subject property contains 4.971+/- acres and has an address of 1527 Senseny Road and is identified with Property Identification Number 54-A-128. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. The institutional land use is reflective of the existing church located on the property. Land uses surrounding the subject property include institutional, residential and The Greenwood Urban Center. The Applicant is requesting to change the future land use from Institutional to Urban Center. The Greenwood Urban Center area is tailored to be the future focal point of the Senseny Road and Greenwood area. The core area of this Urban Center is focused around the intersection of Senseny Road and Greenwood Road. The residential densities in the core of this area are envisioned to be in the 12-16-units per acre range, tapering off to 6 units per acre on its perimeter. It should be noted that the subject property is currently zoned RP (Residential Performance) District. The current by -right density for this Property if developed with townhouses or garden apartments would be 10-units per acre. As stated in the application, the Owner is seeking to construct a 70-unit age -restricted low-income apartment building. This proposed development would equate to 14-units per acre. The Applicant is seeking to change the land use designation to Urban Center as this designation would allow for up to 20-units per acre by -right. Staff would note that the Applicant is CPPA St. Paul on the Hill August 27, 2018 Page 2 seeking a rezoning to restrict the use of the property to a church and housing for elderly households (Rezoning 902-18). Background At their March 14, 2018 meeting, the Board of Supervisors adopted a resolution directing Staff to undertake a land use study to evaluate the future land use of the Saint Paul on the Hill Property. The Comprehensive Plans and Programs Committee (CPPC), at their April meeting discussed this request. The CPPC recommended approval of the request and forwarded the amendment to the Planning Commission for discussion. The Planning Commission discussed this request at their May 2, 2018 meeting; the Planning Commission supported the request and sent the amendment forward to the Board of Supervisors. The Board of Supervisors discussed this amendment at their April 23, 2018 meeting. The Board of Supervisors expressed concern over the housing types, the ability to pursue a rezoning in lieu of a Comprehensive Plan Amendment, potential impacts on County services and the unlikelihood of the County being able to restrict the development to age -restricted with only a Comprehensive Plan Amendment. Ultimately, the Board of Supervisors sent the amendment forward for public hearing to gather public comments on the requested amendment. The Planning Commission held a public hearing for this item on June 6, 2018. The Commission expressed concern over the ability to ensure that the development will be constructed as outlined; specifically, the limitation of low-income housing for older persons and the ability to possibly double the by -right density without a rezoning and assurances of the housing type. The Planning Commission ultimately postponed the item for 45 days to allow the Applicant additional time to work out a solution to limit the site to low-income housing for older persons. The Planning Commission held a public meeting for this item on August 15, 2015. The Planning Commission felt that the concerns had been adequately addressed with the rezoning and recommended approval of the amendment. Conclusion Please find attached a memo from Frederick Water with their comments for the requested Comprehensive Plan Amendment application. Attached you will also find a map showing the location of the proposal, a map showing the location of the proposal in the context of the Senseny/Eastern Frederick Urban Area Plan (current land use and proposed land use) and a copy of the application. This request is presented to Board of Supervisors as a public hearing item. Staff is seeking a decision from the Board of Supervisors on this Comprehensive Plan Amendment request. CEP/pd Attachments 4 315 Tasker Road Stephens City, Virginia 22655 FREDERICK WATER PH (540) 868-1061. Fax (540) 868-1429 www.FrederickWater.com MEMORANDUM Eric R. Lawrence Executive Director TO: Candice Perkins, Assistant Director, Frederick County Planning Department FROM: Eric R. Lawrence, Executive Director SUBJECT: St. Paul's on the Hill Comprehensive Policy Plan Amendment Review DATE: April 5, 2018 Thank you for the opportunity to provide comments on the St. Paul's on the Hill Comprehensive Policy Plan Amendment application. This memorandum serves as the response to your request for comment dated March 30, 2018. St. Paul's on the Hill — CPPA Request to amend Land Use Designation; Parcel 54-A-128. This property is located at 1527 Senseny Road, along the north side of Senseny Road, on the site of the St. Paul's on the Hill Episcopal Church. The property is located within the SWSA; therefore, by policy the site is permitted to utilize Frederick Water's public water and sewer services. The existing church is served by City water and sewer. Frederick Water's water and wastewater treatment capacities currently exist to serve the future development of the site. As the site is presently not served by Frederick Water, conveyance infrastructure would need to be extended to the site by the applicant/developer. A 16-inch water main is located approximately 700-feet east of the site, at the intersection of Senseny and Williamson Roads. Depending upon sewer flow demands, sanitary sewer is available approximately 450-feet south of the site (at the rear of the Bank of Clarke County parcel), or 950-feet east of the site (in the 1600 blk of Senseny Road). The applicant/developer will need to evaluate the sanitary sewer locations to determine if adequate capacity exists in the sanitary sewer lines and associated pump stations to accommodate the project's sanitary sewer flow demands. Treatment and conveyance capacities are not secured until water and sewer connections are purchased and utilized. 5 ds ' A41.010" ANNIVERSARY Water At Your Service 31, IS Urban Development Area SWSA Applications Parcels Eastern Road Plan -" \ # MajorArterial — \0 Improved Major Arterial 0 % .o MinorArterial — ♦# Improved Minor Arterial t *M # Major Collector 0N..0 Improved Major Collector 40' % J Minor Collector — \0 Improved Minor Collector ^� Ramp Roundabout t Trails Zoning B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) CPPA #O1'-ll'8 54 A 128 �2 gMS0JV Pl rg / CPPA #01-18 Note Frederick County Dept of St. Paul's on the Hill Planning & Development Episcopal Church oe 202 St e Suite 20 PIN: Winchester, VA 22601 54 -A - 128 540 - 665 - 5651 Revise Senseny/Eastern Land Use Plan Map Created: March 26, 2018 Zoning Map Staff: cperkins 0 0.0225 0.045 0.09 Miles Urban Development Area SWSA � Applications Parcels Eastern Road Plan 6011' % 0 MajorArterial — \0 Improved Major Arterial 60 % # MinorArterial — .0 Improved Minor Arterial rr` ; Major Collector Improved Major Collector Minor Collector Improved Minor Collector Ramp Roundabout Trails Long Range Land Use Residential Neighborhood Village <75) Urban Center Mobile Home Community Business Highway Commercial ® Mixed -Use ® Mixed Use Commercial/Office ® Mixed Use Industrial/Office • Industrial Warehouse Heavy Industrial ® Extractive Mining Commercial Rec ?rt1 Rural Community Center ® Fire & Rescue ® Sensitive Natural Areas ® Institutional Planned Unit Development Park Recreation School Employment Airport Support Area B2 / B3 Q Residential, 4 u/a High -Density Residential, 6 u/a ® High -Density Residential, 12-16 u/a QRural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation QEnvironmental & Recreational Resources A ._'. a t" - '�1 ►�►#+ ! � ', # # a �lt►+ a • ### #�+#ate �i►�##;#►!# # Pf�`• IRRI _ � �##►!! ►'�' ►all . � '�'�►�''��►►1������►#+�'�#+f yeti i�f��+ ai+# */; �+ -•,F� . .##+ ��#����+#�'��,� i#�,>♦ Wj >w, � Y • • r • • • • ■ • • ##"►#'tea WE74 s��`#'�►,�r�t�Fyd►� g ^/$FN'• • • • ■ . - • • • • • ■ • r ■ } ► !►+ii�'+►gam! 1 r� r CPPA #01-18 Note: Frederick County Dept of St. Paul's on the Hill Planning & Development Episcopal Church oe 202 St e Suite 20 PIN: Winchester, VA 22601 54 -A - 128 540 - 665 - 5651 Revise Senseny/Eastern Land Use Plan Map Created: March 26, 2018 Long Range Land Use Map Staff: cperkins 0 0.0225 0.045 0.09 Miles Urban Development Area SWSA � Applications Parcels Eastern Road Plan 60� % 0 MajorArterial — .0 Improved Major Arterial 60 % # MinorArterial — \0 Improved Minor Arterial Major Collector Improved Major Collector Minor Collector Improved Minor Collector Ramp Roundabout Trails Long Range Land Use Residential ✓� Neighborhood Village ® Urban Center 40 Mobile Home Community 40 Business ® Highway Commercial ® Mixed -Use ® Mixed Use Commercial/Office ® Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining (50 Commercial Rec ?rt1 Rural Community Center ® Fire & Rescue Sensitive Natural Areas Institutional Planned Unit Development Park Recreation School Employment Airport Support Area Q B2 / B3 Q Residential, 4 u/a Q High -Density Residential, 6 u/a Q High -Density Residential, 12-16 u/a QRural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources ►+�t��11�1+►Ar�i ►♦+o+v+r�►'� a 0 i; O J O ►r+sr s.�♦: ►�� 000 0000 it 0000 ►� ' ❑❑❑❑ ' 00000 0 0 0 r CPPA #01-18'0 0 0 0 54 A 1280000 O a ❑ 0 f a a 000 sy; aQa00 1 ❑ ❑ Q O f tn (Cl nnr }_ l @ � CPPA #01-18 Note: St. Paul's on the Hill Frederick County Dept of Planning & Development Episcopal Church 107NKent St e PIN: Suite 202 54 -A - 128 Winchester, VA 22601 Revise Senseny/Eastern Land Use Plan 540 - 665 - 5651 Requested Comp Plan Amendment Map Created: March 26, 2018 Long Range Land Use Map Staff: cperkins 0 0.0225 0.045 0.09 Miles APPENDIX I - AREA PLANS SENSENY/EASTERN FREDERICK URBAN AREA PLAN SEFUAP Senseny/Eastern Frederick Urban Area Plan APPENDIX I - AREA PLANS SENSENY/EASTERN FREDERICK URBAN AREA PLAN This area is home to many families and successful businesses, and contains some of the area's most accessible natural resources and environmental features, historic resources, and public facilities. The Senseny/Eastern Frederick Urban Area Plan effort builds upon these great assets and has identified opportunities to; create new communities, integrate land use and transportation choices, address community infrastructure needs, and expand the County's goals for economic development. A series of maps have been prepared which identify Future Land Use, Transportation, and Historical Resources, Natural Resources and Public Facilities within the study area. The Senseny/Eastern Frederick Urban Area Plan incorporates the following areas of new land use focus: the Urban Centers, the Parkins Mill Economic Development Area, Interstate and Highway Commercial at Routes 7, 50 and 522, Warrior Drive Employment and Commercial Center, and others. The above areas combine to form the County's urban areas between the City of Winchester and Clarke County. The study encompasses the area of the County that is generally east of the City of Winchester and Route 522, South to the Clarke County line and from Redbud Run in the north to the Opequon Creek in the south. This study area includes the Route 7 and Route 50 Business Corridor Plans which were both adopted in 1994, and the eastern portion of the Southern Frederick Land Use Plan which was adopted in 1999, generally north of the Opequon Creek. The study area includes both the Red Bud and Shawnee Magisterial Districts and a small portion of the Stonewall Magisterial District. An overview to ulannina in Frederick County. Planning efforts, such as the Senseny Eastern Frederick Urban Area Plan, enables the community to anticipate and deal constructively with changes occurring in the community. Planning helps guide the future growth of the community and is intended to improve the public health, safety, convenience and welfare of its citizens. The Plan provides a guide for future land use and was a collaborative effort of the citizens of Frederick County, County Planning Staff, Planning Commissioners, and Board of Supervisors. However, it is the property owners who are the ones who make the decision as to whether or not to implement the Plan as it applies to their property. Senseny/Eastern Frederick Urban Area Plan 10 APPENDIX I - AREA PLANS Future rezoning is a means of implementing the Plan. Rezonings in Frederick County have historically been initiated by the property owner, or with their consent. There is no reason to expect that this will change in the future. Therefore, it is important to remember that the Plan is a guide for the future of the community, but that the property owner is ultimately the one who controls the future use of their property. Land Use Urban Centers The Urban Centers are envisioned to be intensive, walkable urban areas that are well integrated with the surrounding community. The urban center should be based on the principles of New Urbanism or Traditional Neighborhood Design promoted in the 2035 Comprehensive Plan. They shall contain a large commercial core, generally higher residential densities with a mix of housing types, an interconnected street system, and public open space around which the urban center is designed. Multiple uses are envisioned in single structures. Community facilities shall also provide a focal point for the urban center and surrounding community. Public spaces in the form of pocket parks, plazas, or greens shall be further integrated into the design of the Urban Centers. Presently, Greenwood Mill Elementary School, Admiral Byrd Middle School and Evendale Elementary School provide a focal point for community activity. In the future, these resources shall be complemented by a new High School, Middle School, and Elementary School which shall serve the existing and future population and be located within close proximity to the centers. The Urban Centers are centrally located in the study area. The commercial and residential mix of land uses shall have a strong street presence and shall relate to existing and planned road infrastructure. The mix of commercial, residential, employment, and community uses shall be linked to the surrounding area with inter -modal transportation choices and public open spaces. While the core characteristics of the urban centers are the same, each urban center is envisioned to be more individual, of a varying scale, and distinctive of their particular location. The following describes what an urban center in Frederick County may look like. The land use and/or building types could include, in addition to commercial and residential, community oriented types such as civic, religious, fraternal, or institutional uses. In the core area one may find 2 to 4 story buildings that, at the center, share party walls and front directly on the sidewalk; at the first or ground floor one will find retail and commercial uses, upper stories will have offices in some buildings and others will have apartments; and parking of cars will be on the street or in lots behind the buildings and possibly in parking decks if there is such need for structured parking. These types of structures will be readily accessible from the boulevards that serve the urban center. Senseny/Eastern Frederick Urban Area Plan 11 APPENDIX I - AREA PLANS The Crosspointe Urban Center The designated Crosspointe Urban Center provides an opportunity to enable either the currently approved project or an intensification of the proposal to allow for a greater mix of land uses, including residential, for a greater economic return to both the County and the property owner. The Crosspointe Urban Center is envisioned to be the most commercial and urban of the urban centers and, at the convergence of Interstate 81, Route 37 and future Warrior Drive, is ideally located to be the most intensive. The residential densities in this area have the potential to be the highest in the County's urban areas. Opportunities exist to further the entertainment characteristics of this area based on its location, visibility and accessibility. The Greenwood Urban Center The designated Greenwood Urban Center provides an opportunity for a focal point for an area where most of the recent suburban residential development has occurred. The Greenwood Urban Center is envisioned to introduce a mix of uses into already developed areas in a way that builds the identity and enhances it livability. This Urban Center should embrace a traditional main -street feel, be pedestrian - friendly, ecologically sensitive and architecturally distinctive, honor our region's local heritage and look to the future by promoting urban life in a dynamic new way. This lifestyle center should be defined by tree -lined boulevards and an inviting central park area oriented around the existing historic farm house and grounds. The residential densities in the core of this area are envisioned to be in the 12- 16 units per acre range, tapering off to 6 units per acre on its perimeter. Anchored in all directions by existing and proposed schools and park areas, this Urban Center is tailored to be the future focal point of the Senseny Road and Greenwood area. The Parkins Mill Urban Center/Neighborhood Village This designated urban center provides an opportunity to introduce a mix of uses into a largely undeveloped area in a way that builds the identity and enhances the economic performance of these communities. This area is already anchored by an elementary school and middle school. Similar to the Senseny and Greenwood Urban Center, this Urban Center should also embrace a traditional main -street feel, be pedestrian -friendly, ecologically sensitive and architecturally distinctive, honor the area's local heritage and promote urban life in a dynamic new way. This urban center should be defined by tree -lined boulevards and an inviting central park area oriented around the existing public facilities. Senseny/Eastern Frederick Urban Area Plan 12 APPENDIX I - AREA PLANS The residential densities in the center of this area are envisioned to be 10-12 units per acre in the core area, tapering off to 6 units per acre on its perimeter adjacent to the existing residential land uses. Residential Land Uses Outside of the Urban Centers described above, the residential land uses in the Senseny/Eastern Frederick study area are defined in three main categories: R4 — these are generally reflective of our existing residential densities at approximately 4 units per acre. R6 — these are slightly higher residential densities at approximately 6 units per acre (this is generally attached house development). Higher density residential — these are generally multifamily and a mix of other housing types with densities of approximately 12-16 units per acre (this density is necessary to accommodate the anticipated growth of the County within the urban areas and is essential to support the urban center concept identified in the Comprehensive Plan and this study). The residential land uses outside and east of Route 37 are envisioned to be rural area residential in character. Route 37, to the north and east of Route 50, may generally be considered as the boundary between the urban areas and rural areas within this study area. This provides a transition area to the Opequon Creek and to the well -established rural character of adjacent Clarke County. A buffer area along and adjacent to Interstate 81 has been identified where future residential land uses are not appropriate. Commercial and Industrial uses are preferred. Within this buffer area, a linear trail system is promoted. The buffer area also provides for the reservation of additional right-of-way along 81 which may be necessary in the future. Noise abatement techniques should be a consideration in the Interstate 81 corridor to minimize the impact from vehicular traffic on the residents of the area. Shenandoah University's campus extends into this portion of the County. The plan recognizes and supports Shenandoah University and the University's presence in Frederick County, especially in and around its current location on the east side of Interstate 81 and north of Route 50, as well as the potential for future residential uses associated with the university in the area in the form of urban residential housing in redeveloped existing commercial properties. The Airport Support Area has been bolstered with the addition of land to the south east. The Airport Support Area was established to ensure the feasibility of continued airport- associated use and future airport expansion. The Comprehensive Plan reiterates that residential land uses are not desirable in the Airport Support Area. Business and industrial uses should be the primary land use. Senseny/Eastern Frederick Urban Area Plan 13 APPENDIX I - AREA PLANS Other recommendations from the residential arouo: • Utilize additional municipal land uses adjacent to the Frederick County Landfill as a buffer to non -compatible land uses, particularly residential. • Provide for additional institutional opportunities in the southern part of the study area, west of Route 522. • Consider another community college presence within this area plan. • Establish a linear park area east of existing Greenwood Road, and a new park area west of the Justes Drive School cluster. • Supply additional locations for C & I land uses in the areas identified which are adjacent to transportation corridors and urban centers. These include: o An area of commercial and light industrial north of Route 7, buffered by higher density residential to the east, transitioning to existing school uses. o An area of medical office uses adjacent to and east of proposed Senseny Road Urban Center. o An area of commercial and employment land uses with significant office space availability north of Crosspointe Urban Center buffering into the high density residential areas. • An area of commercial and employment land use with significant office space availability north of the Crosspointe Urban Center buffering the high density residential areas. Business Development Land Uses Parkins Mill Economic Development Area The Parkins Mill Economic Development Area is intended to be a significant area of commercial and industrial use that is fully supportive of the Winchester — Frederick County Economic Development Commission's targeted goals and strategies. The intent of the mixed use designation is to further enhance the County's commercial and industrial areas and to provide focus to the County's future regional employment centers. This area has been established to be a progressive location for economic development opportunities in eastern Frederick County. Targeted businesses include: • Defense and Advanced Security • Life Sciences • Business Services • Assembly • Food Processing In prominent locations, office use with a mix of flexible space is encouraged. Such areas will be the entrance to clusters of industrial and commercial space, and contain distinctive architecture and site design that is aesthetically unique and attractive. It is the intent of such areas to promote a strong positive community image. In addition, this development will support businesses that encourage viable environmental practices and community oriented operating Senseny/Eastern Frederick Urban Area Plan 14 APPENDIX I - AREA PLANS philosophies. Residential land use is not compatible with this development and will not be permitted. Interstate and Highway Commercial at Routes 7 and 50 These areas of land use are located at highly visible locations on prominent interstate interchanges, and along the primary arterial roads that feed into the Interstate. They shall be designed specifically to accommodate and promote highway commercial land uses. Particular effort must be made to ensure that access management for the supporting transportation network is a key priority, as the function of the interstate and primary road network is of paramount importance. The site layout and building design should recognize the nature of the region and land plans should not focus on the minor use, but the comprehensive macro use. In addition, an enhanced area of buffer and landscaping shall be provided adjacent to the Interstate 81 right-of-way and its ramps. Corridor design recommendations are discussed later in this plan. Warrior Drive Employment and Commercial Center A major employment and commercial area is proposed primarily along the west side of future Warrior Drive and adjacent to the east side of Interstate 81. This area extends east of Warrior Drive along Airport Road. This major employment area would be centered on the proposed future interchange at Interstate 81 at Papermill Road. Supported by future high density residential areas and central to proposed urban centers, this employment center will be ideally placed to capitalize on this core location. Emphasis should be placed on quality building and site design. Other recommendations from the business development arouo: • New Retail/Service Land Use adjacent to the future Route 37 interchange areas with Route 522 South and Route 50 East to facilitate regional shopping opportunities. • New Retail/Service Land Use adjacent to the future realignment of Valley Mill Road and Route 7 East. • Infill Retail/Service Land Use within existing residential developments between Route 7 East and Senseny Road. • Intensive Retail and Office use lie within the Urban Center planned between Senseny Road, Greenwood Road, Inverlee Way Extension and Channing Drive Extension. This area has been incorporated into the Senseny and Greenwood Urban Center. • New Neighborhood Retail/Service and Office Land Use within the Mixed Use area planned around existing public school facilities and church facilities near Route 522 South and Justes Drive. This area has been incorporated into the Justes Drive and Evendale Urban Center. • New Employment Centers are appropriate for the land between Route 522 South and Interstate 81 adjacent to the Paper Mill Road flyover bridge and the future Battaile Drive interchange with Interstate 81, and the future Warrior Drive extension and Tasker Road extension. New Employment Centers are envisioned to allow for intensive Retail, Office, Flex -Tech, and/or Light Industrial Land Use in planned business Senseny/Eastern Frederick Urban Area Plan 15 APPENDIX I - AREA PLANS park settings. This area has been incorporated into the Warrior Drive Employment and Commercial Center. A new Industrial Park is planned between Route 522 South, Route 50 East, Parkins Mill Road, and future Route 37. This area has been incorporated into the Parkins Mill Economic Development Area. The business development recommendations of this plan seek to implement the 2035 Comprehensive Plan by promoting the efficient utilization of existing and planned land areas and transportation networks. Further, the recommendations promote commercial, industrial, and employment land use areas to assure the County's desired taxable value ratio of 25 percent commercial/industrial to 75 percent residential and other land use is achieved. The Plan provides new industrial park and employment center areas to match the Economic Development Commission's vision for this portion of Frederick County. The plan identifies prime areas for Urban Center development to capitalize on future commercial and employment opportunities. In addition, areas are identified for neighborhood commercial retail use to accommodate existing residential communities. Existing commercial land uses are promoted that facilitate tourism and short- term visitor experiences and revenue growth. Specific Implementation Steps have been identified which would further promote business development opportunities in the Senseny/Eastern Frederick County Urban Area Plan and Frederick County in general. These include: The creation of a Future Land Use Revenue Incentive Program that provides property owners with the ability to sell residential density rights to keep their property available for future employment, commercial, or industrial land use as recommended by the Comprehensive Policy Plan. This program would incentivize the property owner by providing a revenue income source in the near term and future revenue income when the property is zoned for employment, commercial or industrial land use. Incentivize the property owner with automatic placement of the property into the Sewer and Water Service Area (SWSA) if a rezoning application is processed for future employment, commercial, or industrial land use. Incentivize the property owner with County endorsement of Economic Development Access (EDA) funds and/or Revenue Sharing Funds to assist in the financing of major road infrastructure needed to serve the development project. Additionally, provide for County -managed support of the major road infrastructure projects to streamline the approval process for project design and construction management. Incentivize the property owner through the implementation of expedited rezoning processes for future employment, commercial, or industrial land use as recommended by the Comprehensive Policy Plan. Senseny/Eastern Frederick Urban Area Plan 16 APPENDIX I - AREA PLANS The creation of new Zoning Ordinance requirements that facilitate more intensive Floor to Area Ration (FAR) and height allowances for future employment, commercial or industrial land use, especially in the urban centers. The County should support and partner with various athletic organizations to sponsor regional or state tournaments and events using existing facilities to promote tourism in support of existing hotels, restaurants, and attractions. Corridor Design The Route 522, 50, and 7 corridor design guidelines should be reaffirmed. In addition, the following locations have been identified as priority corridor appearance and multi -modal locations: Route 50 between Interstate 81 and Prince Frederick Drive, to include Shenandoah University and prime commercial locations. Route 7 between Interstate 81 and Greenwood Road, to include Millbrook High School, Redbud Run Elementary School and prime commercial locations. Senseny and Greenwood Roads and Channing Drive, to include the area encompassed by the urban center and Senseny Road in its entirety. A significant corridor appearance buffer is proposed along Route 522 similar to that established for the Route 50 West corridor in the Round Hill Land Use Plan, which consisted of a 50 foot buffer area, landscaping, and bike path. The Route 50 and 7 corridors are more urban. Sufficient right-of-way is needed and street frontage is approached differently. Transportation In support of the new areas of land use, a transportation network has been proposed which relates to the location and context of the areas of land use, promotes multi -modal transportation choices and walkability, and furthers the efforts of the Win -Fred MPO. In this study, there is a direct nexus between transportation and land use. Interstate 81, future Route 37, Route 7, Route 50, and Route 522, provide orientation for the County's primary road system and provide new opportunities to create a transportation network which supports the future growth of the community in the right location, in this study area, generally inside future Route 37. Access Management is a significant consideration of this study and is a key element of all existing and future roads. The use of frontage roads, minor collector roads, and inter parcel connections to bring traffic to access points is promoted on the above roads. Access Management is also a key consideration on other roads within the study area; however, within a different context. Senseny/Eastern Frederick Urban Area Plan 17 APPENDIX I - AREA PLANS The study also proposes a new and extended major collector network supplemented by interconnected minor collector street network in support of a significant urban center and new areas of economic growth - Warrior Drive, Justes Drive, Channing Drive, Inverlee Way. The context of the collector road network is proposed to be significantly different, however, than that of Route 37, with the focus being placed on a more walkable and friendly street thoroughfare design. The change in context is based upon the classification of a road and to ensure compatibility with adjacent land uses and community goals. Particular attention should be paid to street network within the Urban Center. The surrounding land use, site design, and building design are features that will help create context and promote the creation of new communities, places, and focal points. Attention should also be provided to the context of the street in the immediate vicinity of existing and future schools, and the Neighborhood Village Commercial Areas to ensure that these prominent locations are safe and accessible to all modes of transportation. Bicycle and pedestrian accommodations should be fully integrated into street designs. Appropriately designed intersection accommodations should include pedestrian refuge islands and pedestrian actualized signals. More specific transportation considerations for Millbrook High School and the adjacent park areas include taking a proactive approach in creating safe interconnected routes to the park from the adjacent areas. Roundabouts should be considered as a priority preference for intersection design. Roundabouts are particularly effective when used in series. Consistent application of Comprehensive Plan goals to achieve an acceptable Level of Service on area roads and overall transportation network, Level of Service C or better, should be promoted. Further, efforts should be made to ensure that additional degradation of the transportation beyond an acceptable Level of Service shall be avoided. Consideration of future development applications within the study area should only occur when an acceptable Level of Service has been achieved and key elements and connections identified in this plan have been provided. Other recommendations from the transportation group: • Emphasize the role of the State and the development community in the implementation of the planned road system. • Use modeling to determine lane needs based upon build out of planned land uses, but consider plans of neighboring localities when making recommendations (for example Senseny Road where it enters the City of Winchester or Clarke County) • Consider the needs of bicycle users and pedestrians in the following ways: o Continue to plan for multi -modal street deigns that will take all users into consideration. Senseny/Eastern Frederick Urban Area Plan 18 APPENDIX I - AREA PLANS o Within residential neighborhoods, this would mean that sidewalks be used and cyclists share the roads. Use of striping that defines parking bays or cycling areas would be preferred. o On collector roadways or higher, make use of separated multi- use paths at least 10 feet in width. o Incorporate wide shoulders or bike lanes into roadways that have budgetary or right-of-way limitations. This would be viewed as a step toward the ultimate goal of a separated facility. o Make use of paved shoulders with striping on rural roadways as a long term measure. Rural roadways would be defined by traffic count or as roadways outside of the UDA that are not part of the Primary System (ex. Route 50 or 522). o Bike paths should be constructed on the same grade as the adjacent roadway. o Bike path maintenance should be addressed by adjacent property owner groups whenever possible. • Continue to enforce improved access management with redevelopment or new development. o This includes, but is not limited to, entrance location and spacing as well as traffic signal location and spacing. • Roundabout use is preferred over signalization of intersections where traffic control is needed. • Attractive median treatments (as alternative to standard grey concrete median) other than grass or other landscaping should be considered when maintenance agreements with VDOT cannot be achieved. o Treatments should be reasonably consistent • Street sections could be modified due to DCR changes specific to drainage requirements. Senseny/Eastern Frederick Urban Area Plan 19 APPENDIX I - AREA PLANS Natural Resources, Historic Resources, and Public Facilities. Natural Resources Frederick County is a community that values and protects its natural resources. Frederick County should create a green infrastructure inventory for the study area as well as the County as a whole. This inventory should guide land use and development to best preserve and protect natural resources. Developers should complete detailed environmental analysis for properties proposed for development. This information could be utilized to supplement the green infrastructure inventory. Within the Senseny/Eastern Frederick Urban Areas Plan, effort should focus on the creation of greenways, stream valley parks and stream buffers around waterways, while taking into account environmentally sensitive areas. Pedestrian facilities should be constructed that connect these features to other public facilities. Many such examples have been identified on the accompanying map. Environmental corridors should be incorporated with all development activities to ensure safe movement and protection of species and future development within the study area should take into account the natural resources located on and around their property. Businesses that utilize environmental management systems should be targeted by Frederick County. Further, developers should consider available renewable energy options with their projects. Historic Resources Frederick County is a community that recognizes and protects the historic structures and sites within the study area. Possible historic districts and significant structures have been identified and recognized. Priority sites for preservation within the study area should be identified and efforts initiated to preserve those of highest need. These include Frederick Hall/Parkins Mill Battery and the historic area around Carpers Valley Road. Increase the rehabilitation, adaptive reuse, or restoration of historic structures. Heritage tourism should be promoted within the study area. The Comprehensive Plan calls for the adaptive reuse of historic structures, future development applications that have historic resources on the property should incorporate the site into development. Senseny/Eastern Frederick Urban Area Plan 20 APPENDIX I - AREA PLANS Sensitive Natural Areas and Historic Areas are shown on the land use map for the study area. By recognizing these historic sites and structures, we are implementing the policies of the Comprehensive Plan. Other recommendations from the arouo: • Require archaeological surveys to be conducted prior to development, particularly any that involve battlefield areas, homesteads, Indian encampments, and waterways. • Significant structures and properties should be shown with a sensitive natural/historic designation. These NSA's should be protected through historic districts and/or buffered from adjacent development activity. • The historic areas around Frederick Hall/Parkins Mill Battery and the historic area around Carpers Valley Road should be considered for possible historic districts. • Developments should incorporate and/or convert historic properties into recreational elements, including pedestrian trails, parks, and museums. Establish a linear historic greenway between Crosspointe (Hillandale, Carysbrooke, and the preservation park) and the fort (at Parkins Mill Battery), preserving the natural, recreational, and historical features and promoting accessibility. • Create a Historic Gateway park to Frederick County by supporting the restoration and adaptive reuse of the Millbank House in conjunction with other preservation partners. • The historic one -lane bridge located on Valley Mill Road should be maintained and preserved. • Ensure connectivity of bicycle or pedestrian transportation accommodations to existing or proposed public facilities and historic resource areas. A regional park site has been identified on Senseny Road; this site contains a potentially significant structure and one of the few remaining farming complexes within the developed area of the study area. This park should incorporate the historical farm house and contributing structure as a means to demonstrate urban agriculture. Public Facilities The need for public spaces within the study area (such as schools, neighborhood parks, and regional parks) is recognized and addressed. The accompanying maps identify general locations within the Senseny/Eastern Frederick Urban Area Plan where such facilities should be accommodated in order to ensure adequate public facilities corresponding with the growth of the community. Future school sites should be located within or near established or planned residential areas to encourage walk zones, as well as create a focus point for Senseny/Eastern Frederick Urban Area Plan 21 APPENDIX I - AREA PLANS the community. Residential land uses that complement existing public facilities and schools are encouraged. Utilities and infrastructure will be needed within the study to accommodate future growth. Frederick County needs to look at preserving the intent of the landowner when planning for public facilities while still meeting the needs of the community. Other recommendations from the group: • On any given request for development, the development community should work with all public facility providers to determine future public facility needs based upon this plan and the established standards of the public facility providers. • The Parks & Recreation Department should continue to evaluate the "ideal" park site rings that are within the 2035 Comprehensive Plan. Sites that are outside of the identified park rings should be considered if they meet the needs of the community. • A regional park is envisioned within the study area. In addition, a smaller park is envisioned within the Greenwood Urban Center that should incorporate the historical farm house and contributing structure as a means to demonstrate urban agriculture. • Urban parks and other public spaces should be constructed within or near communities. These parks should be open to the public and connected not only by road, but by various pedestrian facilities. • The 42 acre parcel owned by the landfill (old landfill site) could be considered for future use as a park. • Public access areas to the Opequon Creek should be constructed, taking into account environmentally sensitive areas. • The bicycle and pedestrian facilities shown on the map and the 2007 Win -Fred MPO Bicycle & Pedestrian Mobility Plan should be implemented. • The 2007 Win -Fred MPO Bicycle & Pedestrian Mobility Plan should be utilized as a reference for accommodation recommendations and guidelines. • Pedestrian facilities should be constructed that connect existing and future neighborhoods to school, park and library facilities to promote access and walkability. A trail or sidewalk should be provided along Greenwood Road. • Support completion of a linear recreation path encompassing the Senseny Road, Abrams Creek, Channing Drive areas. • Ensure connectivity of bicycle or pedestrian transportation accommodations to existing or proposed public facilities and historic resource areas. • Ensure connectivity with existing or proposed bicycle or pedestrian transportation accommodations wherever possible. • A pedestrian crossing over Route 7 in the Millbrook School area should be provided. • Handley Regional Library needs should be recognized and addressed within the study area. A satellite library location should be provided within the study area (similar to Bowman Library) to meet this need. Senseny/Eastern Frederick Urban Area Plan 22 APPENDIX I - AREA PLANS Frederick County Public Schools should also work with the Handley Regional Library to provide public library locations within new school locations. Future areas for Fire & Rescue stations have been identified on the map; development proposals in these areas should take this future need into account. The Airport has a 20 year Master Plan that outlines their ultimate expansion goals for this facility. Development proposals should not be considered on properties that fall within this planned expansion area. Also, development proposals considered within the Airport Support Area should not impact the current or future needs of the Airport. Incompatible development should be avoided near the landfill to ensure that their operations are not impacted (i.e., residential, urban, etc.). Industrial uses may be appropriate near the landfill. A landfill support area should be created around the landfill similar to the Airport Support Area. This support area should extend 1,000 feet from the boundaries of the landfill. Senseny/Eastern Frederick Urban Area Plan 23 a +i Area Plan Senseny/Eastern Frederick Land Use Plan U® l J r P 3`7 ` F QO O 1 7 lo Urban Development Area OSewer and Water Service Area "._< Future Rt 37 Bypass Future Route 37 ramps O'S,# Improved Major Arterial New Minor Collector to be adjusted to align with future relocated Valley Mill Road. �� New Minor Arterial Improved Minor Collector OProposed Interchanges 0%*—I Improved Minor Arterial Ramp •'*4k• New Major Collector Roundabout •��• New Major Arterial 4"� Improved Major Collector 0 0.25 0.5 1 Miles I m701. Ow W *E �, s 2035 Comprehensive Policy Plan Map Adopted January 25, 2017 2 Area Plan 77 6361, Senseny/Eastern Frede Land Use Plan Transportation w/Trails -� Urban Development Area COSewer and Water Service Area "._- Future Rt 37 Bypass - Future Route 37 ramps Improved Major Arterial •^a.• New Minor Collector to be adjusted to align with _ future relocated Valle Mill Road. New Minor Arterial �# Improved Minor Collector Ow Oy �� Improved Minor Arterial �I Ramp Proposed Interchanges wE�•�i f New Major Collector —vi Roundabout Eastern Road Plan �s � Improved Major Collector ''�,,. Trails ���• New Major Arterial 2035 Comprehensive Policy Plan Map 0 0.25 0.5 1 Miles Adopted January 25, 2017 I Area Plan Senseny/Eastern Frederick Land Use Plan Historic and Natural Resources ST. PAUL'S ON THE HILL 2018 COMPREHENSIVE POLICY PLAN AMENDMENT March 1, 2018 TM #54-A-128 Red Bud Magisterial District Frederick County, Virginia Current Owner: Trustees of St. Paul's on the Hill Episcopal Church Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 COMPREHENSIVE POLICY PLAN AMENDMENT 2018 INITIATION REQUEST FORM Owner(s) Information: Name: Trustees of St. Paul's on the Hill Episcopal Church ProiectName: St. Paul's on the Hill Comprehensive Policy Plan Amendment MailingAddress: 1527 Senseny Road Winchester, VA 22602 Telephone Number: (540) 667-8110 Authorized Agent Information: Name: Greenway Engineering, Inc. — Attn. Evan Wyatt, Director of Land Planning ProiectName: St. Paul's on the Hill Comprehensive Policy Plan Amendment Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone Number: (540) 662-4185 Legal Interest in the Property Affected or Reason for the Request: Legal Interest: Trustees of St. Paul's on the Hill Episcopal Church (Instrument No. 170008658) Reason for Request: The purpose of the Comprehensive Policy Plan Amendment request is to revise the Senseny/Eastern Frederick Land Use Plan future land use designation of the subject parcel from Institutional to Urban Center to allow for the development of a mixed -use project consisting of a new church facility that is connected to a multifamily structure providing affordable senior housing for the community. SECTION 1 — FOR A MAP AMENDMENT Proposed Comprehensive Policy Plan Amendment Information: PIN s : 54-A-128 Magisterial District: Red Bud District Project #6387W/CPPA Amendment 1 March 1, 2018 Parcel Size (approximate acres): The subject parcel (Tax Map Parcel 54-A-128) is 4.971 acres in total size as depicted on the ALTA/NSPS Land Title Survey prepared by Painter -Lewis, PLC dated August 23, 2017. Plat of area proposed for CPPA amendment, including metes and bounds description: Please refer to the Christ Episcopal Church Frederick Parish ALTA/NSPS Land Title Survey prepared by Painter -Lewis, PLC dated August 23, 2017; as well as Property Deed — DB 285 PG 416 for information pertaining to the subject parcel. ExistiLig Comprehensive Plan Land Use Classi rcation(s): Institutional Proposed Comprehensive Plan Land Use Classification(s): Urban Center Existing and Land Use of the Subiect Parcel: The subject parcel is zoned RP, Residential Performance District and is developed as St. Paul's on the Hill Christ Episcopal Church. What Use/Zoning will be requested ifAmendment is approved? The subject parcel with be redeveloped as a mixed -use project consisting of a new church facility that is connected to a multifamily structure providing affordable senior housing for the community. The subject parcel is zoned RP, Residential Performance District; therefore, a new zoning designation is not necessary for the proposed land use. However, the ability to develop a multifamily structure in the RP, Residential Performance District requires the parcel to be classified as Urban Center in the Comprehensive Policy Plan. Describe, using Text and Maps as Necessary, the Existin Z�onin , Comprehensive Policy Plan Designations, and/or Approved Uses and Densities Along with Other Characteristics ofproperties that are Within 114 Mile from the Parcel(s) Perimeter if the Parcel is Less than 20 acres in Size: Please refer to the attached Zoning Map 1/4-Mile Radius Exhibit that identifies the various properties that meet this distance criteria. The following information describes existing and future land use characteristics within this radius boundary: ➢ Properties on the north side of Senseny Road (Route 657) within a 1/4-mile radius of the subject parcel are zoned RP, Residential Performance District, and B-1, Neighborhood Business District. Project #6387W/CPPA Amendment 2 March 1, 2018 ➢ Properties on the south side of Senseny Road (Route 657) within a 1/4-mile radius of the subject parcel are zoned RP, Residential Performance District, B-1, Neighborhood Business District, and RA, Rural Areas District (Ambrose Farm). ➢ All properties within a'/4-mile radius of the subject parcel are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). ➢ Properties on the north side of Senseny Road (Route 657) within a 1/4-mile radius of the subject parcel are identified as Residential, 4U/A, Urban Center, and as Institutional (Northwestern Regional Educational Programs - NREP parcel). ➢ Properties on the south side of Senseny Road (Route 657) within a 1/4-mile radius of the subject parcel are identified as 4U/A and as Urban Center including all properties fronting along Senseny Road directly across from the subject parcel; as well as all parcels between Boundary Avenue and Greenwood Road (Route 656). ➢ Properties on the north side of Senseny Road (Route 657) within a 1/4-mile radius of the subject parcel are developed as single-family detached residential, townhouse residential, garden apartment residential, and commercial service land uses. The immediate adjoining properties are developed as townhouse residential, garden apartment residential and as Northwestern Regional Educational Programs (NREP) land uses. ➢ Properties on the south side of Senseny Road (Route 657) within a 1/4-mile radius of the subject parcel are developed as single-family detached residential, apartment residential, commercial service, fraternal organization and agricultural (Ambrose Farm) land uses. ➢ The Greenwood Volunteer Fire & Rescue Company and the Greenwood Citizens Convenience Center are located within 0.85 miles of the subject parcel. ➢ The Orrick Commons Commercial Center and the CVS Pharmacy are located within 0.85 miles of the subject parcel. The Name, MaihWAddress, andParcel Number o all Property Owners Within 200'of the Subject Parcel(s), with Adjacent Property Owners Afldavit: Please refer to the attached Adjoining Property Owner Map Exhibit and Adjoining Property Owner Table Exhibit that provides the location and applicable contact information for all properties within 200' of the subject parcel. SECTION 2 — FOR A TEXT AMENDMENT The St. Paul's on the Hill Comprehensive Policy Plan Amendment does not propose to incorporate a Text Amendment for consideration by the County. Project #6387W/CPPA Amendment 3 March 1, 2018 SECTION 3 — FOR ALL AMENDMENTS Justification of Proposed Comprehensive Policy Plan Amendment (Provide Attachments if Necessary). Describe why the Change to the Comprehensive Policy Plan is Being Proposed: The St. Paul's on the Hill Comprehensive Policy Plan Amendment will allow for the subject parcel to be redeveloped as a mixed -use project consisting of a new church facility that is connected to a multifamily structure providing affordable senior housing for the community. St. Paul's is a mission congregation and has identified a need for affordable housing options for seniors within the community. The mixed -use project will require the existing church facility that was constructed in 1967 to be removed, and proposes the development of a new church facility that is connected to a four-story multifamily structure that will provide 59 one -bedroom apartment units and 11 two -bedroom apartment units for independent senior living. The 4.97± acre subject parcel is zoned RP, Residential Performance District; therefore, a new zoning designation is not necessary for the proposed land use. However, the ability to develop a multifamily structure in the RP, Residential Performance District requires the parcel to be classified as Urban Center in the Comprehensive Policy Plan. The Senseny/Eastern Frederick Land Use Plan (SEFLUP) identifies the subject parcel as Institutional that reflects the existing land use conditions. The SEFLUP identifies Urban Center land use for the adjoining property and other properties fronting long the north side of Senseny Road to Williamson Road; as well as all properties fronting along the south side of Senseny Road (Route 657) between Boundary Avenue and Greenwood Road (Route 656), which includes all properties directly across Senseny Road from the subject parcel. The SEFLUP states that Urban Center commercial and residential mix of land uses shall have a strong street presence and shall relate to existing and planned road infrastructure; and that land use and/or building types could include community oriented types such as civic, religious, fraternal or institutional uses in addition to commercial and residential uses. The St. Paul's on the Hill Comprehensive Policy Plan Amendment conforms to the future land use and building type envisioned for Urban Center land use. St. Paul's has worked with Winks-Snowa Architects, PC to prepare structural elevations of the mixed -use project in order to assist the community and decision makers with this vision. Two exhibits are included as information with this application that provide an elevation of the church and multifamily structure; as well as a street elevation as the project would be viewed from Senseny Road. The immediate adjacent properties include the Northwestern Regional Educational Programs (NREP) facility, townhouse and garden apartment residential, and an undeveloped commercial property. The reclassification of Urban Center specific to the 4.97± acre subject parcel would be consistent with other properties immediately adjacent, directly across Senseny Road, and within close proximity of the site. The mixed -use project would be compatible with immediate adjoining property land uses and would have a strong street presence along Senseny Road. These factors support and justify the Urban Center classification specific to the St. Paul's on the Hill parcel. Project #6387W/CPPA Amendment 4 March 1, 2018 How would the Resultant Changes Impact or Benefit Frederick County? Consider, for example, Transportation, Economic Development and Public Facilities: The 4.97± acre subject parcel is zoned RP, Residential Performance District and can be developed at a density of 10 dwelling units per acre based on current Zoning Ordinance standards. Therefore, impacts and benefits to Frederick County have been compared specific to the proposed 70 independent senior living apartment units described in this application and the redevelopment of the subject parcel for 49 townhomes that could be constructed "by -right". Transportation The following table provides a comparison of the traffic generation rates specific to the proposed 70-unit affordable elderly apartment project and the 49 townhouse units that could be developed by -right. The values used from this comparison were obtained from the Institute of Traffic Engineers (ITE) Trip Generation Manual, 9m Edition, which is the source currently utilized by VDOT and Frederick County for transportation impact analysis. Weekday Average Daily Traffic Volume Comparison Land Use ITE ADT Rate Unit Numbers Totals Single -Family Attached (Townhouse) 210 9.52 49 467 ADT Senior Adult Housing Attached 252 3.44 70 240 ADT Weekday AM Peak Hour Traffic Volume Comparison Land Use ITE AMPeak Unit Numbers Totals Hour Rate Single -Family Attached (Townhouse) 210 0.77 49 38 Peak Hour Trips Senior Adult Housing Attached 252 0.39 70 27 Peak Hour Trips Project #6387W/CPPA Amendment 5 March 1, 2018 Weekday PM Peak Hour Traffic Volume Comparison Land Use ITE PMPeak Unit Numbers Totals Hour Rate Single -Family Attached (Townhouse) 210 1.0 49 49 Peak Hour Trips Senior Adult Housing Attached 252 0.35 70 25 Peak Hour Trips The above tables demonstrate a reduced impact to transportation for average daily traffic volumes (227 less vehicle trips or a 49% reduction) and for AM/PM Peak Hour volumes (29% reduction for AM Peak and 49% reduction for PM Peak) comparing the proposed 70-unit affordable elderly apartment project to the 49 townhouse units that could be developed by -right. The subject parcel has approximately 250' of frontage along Senseny Road (Route 657) and is currently served by a single entrance. The mixed -use development project is intended to be served by the same entrance; therefore, there will not be additional points of access onto Senseny Road. Economic Development The St. Paul's on the Hill mixed -use development is not an economic development project that provides revenue to Frederick County other that real estate and personal property taxes that would be assessed specific to the residential component of the project. St. Paul's is a mission congregation and has identified a need for affordable housing options for seniors within the community that is not being provided by the development community. The mixed -use development project will provide housing opportunities that will benefit this segment of the community's population. Water and Sewer Capacities The 4.97± acre subject parcel is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); therefore, the St. Paul's on the Hill Comprehensive Policy Plan Amendment does not require consideration for extension of the UDA and/or the SW SA Boundary. The St. Paul's on the Hill mixed -use development proposes the development of a new church facility that is connected to a multifamily structure providing 70 independent senior living apartment units that include 59 one -bedroom apartment units and 11 two -bedroom apartment units within a single multifamily residential structure. Greenway Engineering has analyzed the water and sewer capacity requirements for the mixed -use development project and has determined that an average daily demand of 16,200 GPD will be required for water and sewer service. Project #6387W/CPPA Amendment 6 March 1, 2018 Public Schools The St. Paul's on the Hill mixed -use development project will provide affordable housing options for seniors within the community that will not create an impact to Frederick County Public Schools. The 49 townhouses that could be developed by -right would generate 14 students on average based on the students/household calculation utilized by the Frederick County Public Schools Planning Division. Therefore, the St. Paul's on the Hill mixed -use development project would be a beneficial land use to the County compared to the by -right land use allowance specific to Public School Services. Fire and Rescue The development of residential land use on the 4.97± acre subject parcel will create an impact to Fire and Rescue Services provided by the County. The 70 independent senior living apartment units are prof ected to house 85 persons; whereas the 49 by -right townhouses are projected to house 128 persons (based on a 2.62 persons/household calculation derived from the 2017/2018 Frederick County Budget Document). The subject parcel is located approximately 0.85 miles from the Greenwood Volunteer Fire and Rescue Company, which allows for appropriate emergency response time from the first due company. Additionally, a few years ago, the County Volunteer Fire and Rescue Companies agreed to establish a fee -for -services program that was intended to provide revenue recovery for ambulatory services from insurance reimbursements to assist in the mitigation of this impact. The St. Paul's on the Hill mixed -use development project is planned to provide 70 independent senior living apartment units that include 59 one -bedroom apartment units and 11 two -bedroom apartment units within a single multifamily residential structure. The multifamily residential structure will have a sprinkler system throughout the facility that will assist with fire suppression. The multifamily residential structure will have elevator access for all occupied floors that will assist with ambulatory service needs. These design considerations are intended to assist in the mitigation of impacts to emergency services specific to the proposed land use. Parks and Recreation The St. Paul's on the Hill mixed -use development project will provide affordable housing options for seniors within the community that will not create an impact to Frederick County Parks and Recreation Services provided by the County. Operations specific to the proposed project include an on -site manager that is responsible for providing activities that promote socialization, health and wellness activities within the facility. The 70 independent senior living apartment units are projected to house 85 persons; whereas the 49 by -right townhouses are projected to house 128 persons. The proposed project will not create programming or recreational space needs compared to the by -right land use. Project #6387W/CPPA Amendment 7 March 1, 2018 2018 Comprehensive Policy Plan Application Information Application Signatures Page Subject Property Owners Affidavit Special Limited Power of Attorney Signature Pages Comprehensive Policy Plan Amendment Application Fee Adjoining Property Owner Map & Table Exhibits Signatures: I (we), the undersigned, do hereby respectfully make application to and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: ZZ ! 6 Owner(s): Date: U. N E J N vP' 3a„ac�i� S / F � G a � Q N� 4J z � Wo �z ABBEY RD � / 0 z W 54A128 w U) 4 W J Q Q' N = z W Z H / p O N lL J D_ W N a = 0 w a zav D_oo 08 OC9 zz STAFFORDDR a? O� in A �<<igMSpN p< � W � o_ B O �,NrFR@ N SFNSFNyR� O Lu o F III R� cr m K w t- m M O Q z w 0 o�� z L � G- U) w o COo a = ST�Fi < waw�>� a = w a r Leaend ° z z o o w z o St. Paul's On The Hill M O) z z U) O w D — O Parcels Within 200 Feet of St Paul's Episcopal Church o 0 � Q Y - w Parcel Boundary - a of p a LL i CI) m b 11 m Q owA Feet a L Po 200 0 200 < o Map Data Source: Frederick County, Va. GIS Department, 2017 Data St. Paul's On The Hill Label Tax Map Number Owner Mailing Address City & State ZIP A 54 A 127B TISINGER BILLY TRUSTEE PO BOX 368 WINCHESTER, VA 22604 B 54 A 127C SUMMIT COMMUNITY BANK, ATTN: DEBT MANAGEMENT PO BOX 179 MOOREFIELD, WV 26836 C 54 A 127F TISINGER BILLY J. TRUSTEE, C/O J T ANDERSON PO BOX 368 WINCHESTER, VA 22604 D 54 A 128 EPISCOPALCHURCH 1527 SENSENY RD WINCHESTER, VA 22602 E 54 A 129 FREDERICK COUNTY SCHOOL BOARD, OF VIRGINIA PO BOX 3508 WINCHESTER, VA 22604 F 154C 12C 55 SANTUCCI CEASARJ 212 MEADE DR WINCHESTER, VA 22602 G 54C 12C 56 OLIEN WILLIAM C, OLIEN MARY ELLEN 211 MEADE DR WINCHESTER, VA 22602 H 54C 12C 57 KULPANDREW P, KULP EMILY R 209 MEADE DR WINCHESTER, VA 22602 1 54E 7 25B HAMILTON CARRIE C 1562 SENSENY RD WINCHESTER, VA 22602 J 54E 7 26 WEIGAND 11 SAMUEL P 1548 SENSENY RD WINCHESTER, VA 22602 K 54E 7 27 ZEB LLC, C/O SUSAN PERRY 603 S 6TH ST FERNANDINA BEACH, FL 32034 L 54E 7 28 CROSBY CHARLES, CROSBY KRISTIN 1532 SENSENY RD WINCHESTER, VA 22602 M 154E 7 29 THE COUNTRY STORE LLC PO BOX 2247 WINCHESTER, VA 22604 N 54E 7 30 BANKOFCLARKE COUNTY PO BOX391 BERRYVILLE,VA 22611 O 54E 9 E 4 JACKSON MARTHA L 115 WILLIAMSON RD WINCHESTER, VA 22602 P 54E 9 E 5 HARTMAN CLAYTON R, HARTMAN TERESA R 117 WILLIAMSON RD WINCHESTER, VA 22602 Q 54E 9 E 6 MUNOZSARAHA 119 WILLIAMSON RD WINCHESTER, VA 22602 R 54E 9 E 7 ICROCKER LARRY KEITH SR, CROCKER BEATRICE LOUISE 1121 WILLIAMSON RD IWINCHESTER, VA 22602 S 54E 9 E 8 IREYES DAVID E COTO, DE PAZ CLAUDIAC CHAVEZ 1123 WILLIAMSON RD IWINCHESTER, VA 22602 Properties Within 200 Feet, Including Subject Property Source: Frederick County GIS, 2017 Data Page 1 of 1 2018 Comprehensive Policy Plan Amendments Exhibits Aerial Overview Exhibit — Adjoining Land Use Proposed Land Use Revision — Tax Map Parcel 54-A-128 Current Long Range Land Use Exhibit 1/4-Mile From Subject Parcel Aerial Overview Exhibit 1/4-Mile From Subject Parcel Zoning Map Exhibit 1/4-Mile From Subject Parcel Water & Sewer Exhibit 1/4-Mile From Subject Parcel d. ~ w YEA s4 A.,12a 01 Ilk, t fIr t. f Aw a Leaend # ' O St. Paul's On The Hill Parcel Boundary Feet sFNYi! RO 100 0 100 Map Data Source: Frederick County, Va. GIS Department, 2017 Data; Aerial Photo From 2017 �; Z W z 2 Wo �z r z L z L J Q '!'z' LU =z X� W J L z U L � U) 0 Lz �a >z �L 0— a? Q� U)z L'Q �= Q L a 0 U � 0 a F- F o Paz _ oex F- z T U) W W W J > H z Q H t' >aLu U� p (n z U O Q of O U LL a o w o o 000 Q w 2 CI) < Do o co D_ W W n a u _ J o J J �yj U U m Legend = St. Paul's On The Hill r _ _I 1/4 - Mile Distance from St. Paul's On The Hill Parcel Boundary Winchester City Limits 3 Feet 500 0 500 Map Data Source: Frederick County, Va. GIS Department, 2017 Data; Aerial Photo From 2017 _`1 Q U J ZE LLJ I� = Z i r i r r.. r- IT 3�. ♦ � _. r _ r .� - � 'ram - � _�..-- _ r- _4 y -•9�- a r y ps• r xA Y 1 / _ r Y w Z 0 J a F- z W J z W Z U W F- =z F- LU J W W a z } W 0 f �U) Ja >0 �W 0w aILL U) aW U) (nz W' J LU = Q� W W' a O O 0 U U Q z a- U o w > g r m 1 z 0 �cn0 O O 0I Ile LL a J_ W m 0 p 11 Lo ui 0 U T\ G1=ENU. DALE CIR T f p s apxNTF a L �w y LEWISCIR A // OOR `♦♦ RjODE RD I � Zuc Poi // ♦ �� W z g� / ♦♦ / L61 z I / ` z LU I � / 1 z LU U MALu SS�FOR / IN 2 Z m H Legend a a w w O St. Paul's On The Hill z z n� l Z U 0- 1/4 - Mile Distance from St. Paul's On The Hill N W P z Z. (N m O Parcel Boundary o 0 �` I rn D- (7 O r -- z I STAFFORD DR .a Z) W Z 0Y Winchester City Limits c1 a I EtiAMSO o z D d> Z LL a 0 Np K o z V) O W Frederick County Zoning / I < o / r H z N LU B1 (Neighborhood Business District) I �... sFNSFNy. / a� -� 2 Ro Q GREEWPARK DRY LU B2 (General Business District) ONG'CIR B3 (Industrial Transition District) Q EM (Extractive Manufacturing District) / O U i / w HE (Higher Education District) O m / o M1 (Light Industrial District) y o m M2 Industrial General District YCyR T F O / J p ( ) �•(�F> y o // 2 z F- U U Q z MH1 (Mobile Home Community District) m c _ m D] � tY Z Z / w Z J= Q H ow MS (Medical Support District)X LU OM (Office - Manufacturing Park) / / / U o Q W R4 (Residential Planned Community District) z DOW Z `D p ►���� w O O O` D H Z IRS (Residential Recreational Community District) Q Z U) O t- RA (Rural Areas District) QO Q Y w O O v A RP (Residential Performance District) Od � W 0 � a w x W Q J Z W A Q oem �3 QDeo Feet W U D � rp OKE.PI o 5OO O rJ00 DEWBERRY -DR I MEPDO�gRD { J 1 u 0 U m Map Data Source: Frederick County, Va. GIS Department, 2017 Data L GLENDALE- CIR— b A��Ep1•N A / • �, s r /Jm U Ps /y A__ L � 6�n7 / z I / / 3 `• N 1 O � 0 I I� O / z / GAR II G I 1 Legend O St. Paul's On The Hill 0 7V' 1/4 - Mile Distance from St. Paul's On The Hill A� Parcel Boundary m �' 3 e'.\ Winchester City Limits _ Ps City Pump Station 6 in- gc• City Sewer Line / City Water Line County Sewer Pump Station A County Sewer Force Main County Sewer Gravity Main O N — County Water Main ?� J4' Feet 500 0 500S,in�'G4 3 0 I Map Data Source: Frederick County, Va. GIS Department, 2017 Data �9 F c 2 � Cz � ti A o.6 S 0 � II C7 Ic (7 O ' STAF AMSON p< N , �?'h in. GM �212:RM m / eo ICI 6'in.,p 12!1n!! m A 4ry / M c C / m 5�\ z / o 11 m ,.Ain .G1 00 O / '0 z (i) 6 in: GM- 8 R in. 61 -8 Q v �A Z W z = w V F z W J z W z U W F- �Q ma 2 Q X U W J W W o_ z } Lu 0 J 3: cn �a � 00 a? XIL fn W W �z aJ fn W 2 W � O U m mLU baz S Y r Z X Q U) m � W D_ In U` o LU �u��LI U > = 5 W g > H W Do Ir m z U) D W z O .6 co Ir U) 00 w Q Q C) 2 LL D J W W a Cl) Q M Lou o o �Dr o D v W LL o Q U U m 2018 Comprehensive Policy Plan Elevations Exhibits St. Paul's on the Hill - Senseny Road Street Elevation Exhibit St. Paul's on the Hill - Church and Affordable Elderly Apartment Facility Elevation Exhibit 2018 Comprehensive Policy Plan Plat & Deed Information ALTA/NSPS Land Title Survey Plat Exhibit — Painter -Lewis, P.L.C. Instrument No. 170008658 DB 285/PG 416 — Tax Map Parcel 54-A-128 LEGEND \ IRF -IRON ROD FOUND LOT "' BLOCK C IRS- IRON ROO SET ROLLING FIELDS IT - FINISHED FLOOR EDITION T oe eoz ac Om RF - BUEUENT FLOOR EENa ION u sac-�z-c-sc Ex. - EXISTING FREDERICK COUNTY POE - POINT OF BEGINNING SCHOOL BOARD IRF EXAM CONTOUR B'RE " _ . 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RA Zoning Requirements: LIF No'AND UST AR12 r GENERAL NOTES: ee Or u1wel ewe1OVNL cncucn. rueueulcu TIFOH ATIT HAS BEENPR 'FE,TOTPZYL4"" IM ", O,ISYwI� NOI1rYHrerNIA rN M,HA" re TOTALAREAOF SURVEY=awT ED SURVEYOR'S CERTIFICATE: DO z z a _ J r Q 0 co Ln U N ca v 10 0 U r� am �4 co I� 04 E aC x� W In rl 0 4j o mz v R ax U0H GWEGORYF. FIu'rCMINBCN ATTORNEY AT LAW 12A S. 9RA�OOCK ST. 0 170008658 co THIS DEED, made and dated this day of August, 2017, by and between F. DIXON WHITWORTH, JR. , ROBERT T. MITCHELL, JR. and PEMBROKE D. HUTCHINSON, Trustees of Christ Episcopal Church, Frederick Parish, Winchester, Virginia, hereinafter called the Grantors; and FLONNIE MARIE WILLIAMS, LOKIE LEO VOIGHT' and JOAN O'MALLEY INGER, Trustees of St. Paul's on -the -Hill Episcopal Church, 1577 Senseny Road, Winchester, Virginia 22602, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with Special Warranty of title unto the Grantees, in fee simple, the following property: All of that certain lot or parcel of land containing 5.16 acres, more or less, situate in Shawnee District, Frederick County, Virginia, fronting 250 feet on the north side of Virginia Secondary Road No. 657, otherwise known as the Senseny Road, and more particularly described by plat and survey description made by Quentin R. Shortt, Certified Surveyor, dated January 21, 1963, attached to and made a part of deed dated January 22, 1963, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 285, at Page 416; AND BEING the same property conveyed by E. L. Peters and Ruth E. Peters to Harold G. Brown, Joseph A. Massie, Jr. and Robert J. McNally, Jr., Trustees of Christ Episcopal Church, Frederick Parish, Winchester, Virginia, by deed dated January 22, 1963, of record in the aforesaid Clerk's Office in Deed Book 285, at Page 416. LESS AND EXCEPT that portion of the property conveyed to the State Highway Commissioner of Virginia, per Certificate recorded in Deed Book 364, at Page 350, as confirmed by Order recorded in Deed Book 368 at Page 251. --o c co N Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signatures and seals: Christ Episcopal Church, Frederick Parish, Winchester, Virginia STATE OF VIRGINIA, CITY/COUNTY ofc7incG s t" to -wit: The foregoing instrument was acknowledged before me in my City/County and State this 1-1 kL day of August, 2017, by F. DIXON WHITWORTH, JR. Trustee of Christ Episcopal Church, Frederick Parish, Winchester, Virginia My Commission Expires: 1 k•'.Sp• I e GREMORY F. HLMOMMSON ATTOM49Y AT LAW I- B. SRAOOOCK ST. -CHESTER VABBBO9 NOTARY PUBLIC BAMPASMAS a � c«e.Eo,�rrn�a���,,��p IpFConift ae EON IL l` 42 -o 0 co W By: (SEAL) ROBER T. T HELL, JR. STATE OF VIRGINIA, CITY of WINCHESTER, to -wit: II,,,, The foregoing instrument was acknowledged before me in my City and State this i+f k day of August, 2017, by ROBERT T. MITCHELL, JR., Trustee of Christ Episcopal Church, Frederick Parish, Winchester, Virginia. My Commission Expires: (Ob 'I/1� spry pU" NO ARY PUBLIC of Expku:—j By: il, eA�1 d.aer ddNi (SEAL) PEMBROKE D. HUTCHINSON STATE OF VIRGINIA, CITY of WINCHESTER, to -wit: ,e The foregoing instrument was acknowledged before me in my City and State this �� 1 day of August, 2017, by PEMBROKE D. HUTCHINSON, Trustee of Christ Episcopal Church, Frederick Parish, Winchester, Virginia PP My Commission Expires: l a Deed prepared by Gregory F. Hutchinson VSB #15489 124 South Braddock Street Winchester. VA 22601 VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on GQEGOQYF.—p��/-17 at MUTCMIN90N ATTORNEY' AT LAw and with certificate of acknowledgement thereto annexed 24 S. SRAUO9CK ST was admitted to record. Tax imposed by Sec. 58.1.802 of INCHESTEH, VA 22601 5, f and 58.1-801 have been paid, if assessable Clerk N AR PUBLIC • W%fo �'tJBLiC �;.L * i oft 0"41444 i S !! : id'COilsllQwr� 416 #174 E.L. PETERS, ET UX To DEED HAROID G. BROWN, ET AL TRUSTEES OF THE CHRIST EPISCOPAL CHURCH* 04"M one a "a"" tna►.►o ►r w .I.aNI ..scat BOOK 285 to 416 THIS DEED, made and dated this 22nd day of i January, 1963, by and between E. L. Peters and Ruth E. Peters, his wife, parties of the first part, hereinafter called the Grantors, and Harold G. Brown, Joseph A. Massie, Jr. and Robert J. McNally, Jr., Trustees of Christ Episcopal Church, - Frederick Pariah, Winchester, Virginia, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable considerations receipt of all of which is hereby acknowledged, the Grantors do hereby bargain, sell, grant and convey, with general warranty of title, unto the Grantees, and their successors in office, all of the following described realty, for the purpose of holding legal title to the hereinafter conveyed property in trust for the use, benefit and direction of the congregation of Christ Episcopal Church, Frederick Parish, Winchester, Virginia: All of that certain tract or parcel of land containing 5.16 acres situate in Shawnee District, Frederick County, Virginia, fronting 250 feet on the north side of Virginia Secondary Road No.-657, otherwise known as the Senseny Road, bounded on the western side by the lands recently purchased'by the County School Board of Frederick County, Virginia, on the northern and eastern sides by the remaining land of the Grantors, and being the southwestern corner of a larger tract or parcel of land which was conveyed to the Grantors herein by Sophia G. Trenary and M. B. Trenary, her husband, by deed dated June 2, 1961, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 271 at page 99, to which deed and the references therein contained reference is here made for a more particular description of the property hereby conveyed. A plat and survey description of the herein conveyed property made by.Quentin R. Shortt, Certified Surveyor, January 21, 1963, is attached hereto and made a part hereof for a more particular description of the property herein conveyed. 0 u G U 417 w 05 w 417 This grant and conveyance of land is subject:to rights of way granted as follows. Deed to the Northern Virginia Power Company recorded in the aforesaid Clerks Office is Deed Hook 272 at page 298; Deed to Chesapeake and Potomac Telephone Company recorded in the aforesaid Clerk's Office in Deed Book 275 at page 337; and deed to the Shenandoah Gas Company. It is further understood and agreed between -the parties hereto, their heirs, assigns and personal representatives that they each mutually grant'to the other an easement or right of way for sewer and water across their lands adjoining each other, considering the physical aspects of the same, including improvements or proposed improvements on the same: The Grantors covenant that they have the right to convey the within described property; that the same is free from all liens and encumbrances except as hereinabove set forth;'and that they will forever warrant and defend the title thereto. WITNESS the following signatures and seals the first date hereinabove written. :T)3F IT (SEAL) E. L. Peters ' tr„"'f /� •�e�Zt.:Z.7.a (SEAS.) Ruth-E. Feters La2.,Xpe!h" SEAL) Harold�jG.. Brown J Josoh A. Massie, Jr. Elm I 418 eooK neat 418 i "tz a - gRobert//' . McNally,. J . r � SEAL, TRUSTEEd/0F CHRIST EPIS06 • CHURCH, FREDEkCK PARISH, WINCHESTER, VIRGINIA. STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Janet M. Castleman, a Notary public in and for the County.and State aforesaid, do certify that E. L. Peters and Ruth E. Peters, his wife, whose names are signed to the foregoing writing, bearing date on the 22nd day of January, 1963, have personally appeared before me in my County and State aforesaid and acknowledged the same. Given under my hand this 22nd day of January, 1963. :) My commission expires nary 22, 1964. Notary Pu c ' :I STATE OF YIRGINIA COUNTY OF FREDE C , To -wits I, a Notary Public in 1� and for the C ty and State aforesaid, do certify that Harold i G. Brown, Joseph A. Massie, Jr. and Robert J. McNally, Jr., Trustees of Christ Episcopal Church, Frederick Parish, Wincheste I -Virginia, whose nerves are signed to the foregoing writing, bearing date on the 22nd day of January, 1963, have personally appeared before me in my County and State aforesaid and nm.msa .A,p.,, ..LAW acknowledged the same. w.amau.w.nu Given under my hand th s 004day of January, 1963. My commission a it a 3 - No y Ile i 1 fl IN C J U _. :.. BOOK 285 41S �y •' 419 f In l�7 n�• .JArrAF ��� Beginning at a corner of the Frederick County Sohool Hoard tract in the center of Virginia State Route No. 657 ( Senseny Road ) and running with the southeast line of the Fred- eriok•County School Board tract N•38-25-30 8, 955.001; then turning and running on cutting lilies through E. L. Peters S 20-32-40 E, 339.411; and 8 40-15-40 rr, 721.181 to a point in the center of Route 657: then with the center of Route 657, N 65-34-20 W, 250.001 to the point of beginning containing 5.16 acres. VIRGINIA fREOER:CK COUNIT, Ki. Th:6 of vm l f venting was produced to me on of . and with cerlifi of fond with cerlifi of f hi tKord. 0 RESOLUTION Action: PLANNING COMMISSION: June 6, 2018 August 15, 2018 BOARD OF SUPERVISORS: September 12, 2018 Public Hearing; Postponed for 45 days Recommended Approval RESOLUTION TO ADOPT AN AMENDMENT TO THE 2035 COMPREHENSIVE PLAN CPPA #01-18, ST. PAUL ON THE HILL REQUEST TO CHANGE THE FUTURE LAND USE FROM INSTITUTIONAL TO URBAN CENTER PARCEL 54-A-128 WHEREAS, The 2035 Comprehensive Plan, The Plan, was adopted by the Board of Supervisors on January 25, 2017; and WHEREAS, this amendment would result in a change to the future land use from Institutional to Urban Center for Parcel 54-A-128; and WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed amendment on June 6, 2018 and the item was postponed for 45 days; and WHEREAS, the Frederick County Planning Commission held a public meeting on this proposed amendment on August 15, 2018 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed amendment on September 12, 2018; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this amendment to the 2035 Comprehensive Plan, to be in the best interest of the public health, safety, welfare and future of Frederick County, and in good planning practice; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that THE AMENDMENT TO THE 2035 COMPREHENSIVE PLAN, is adopted. This amendment changes the land use from Institutional to Urban Center and includes supporting text to be added to the Senseny/Eastern Frederick Urban Area Plan. PDRes #18-18 Passed this 12m day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Shannon G.Trout Blaine P. Bunn PDRes #18-18 Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Kris C. Tierney, Frederick County Administrator cK , Co CONDITIONAL USE PERMIT 908-18 TRAILER DROP, LLC w Staff Report for the Board Supervisors w Prepared: August 30, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator °;;a Reviewed Action Planning Commission: 06/20/18 Public Hearing Held; Postponed 45 Days Planning Commission: 08/15/18 Recommend Approval Board of Supervisors: 09/12/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking use. LOCATION: The subject property is located in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester. EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATIONS FOR THE 09/12/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use. The Planning Commission postponed action on this item to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the proposed Route 37 Right -Of -Way (R-O-W). The Planning Commission expressed that this application should address the Route 37 right-of-way, it should ensure that structures associated with the future are not located in the future R-O-W. Staff has amended Condition 92 and added Condition 94 to address the concerns raised by the Planning Commission. Should the Board of Supervisors find this use appropriate, the Planning Commission would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor truck trailer parking. Page 2 CUP 408-18, Trailer Drop, LLC August 30, 2018 4. At such time this property develops with a by -right Ml light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. Followinz the public hearinz, a decision rezardinz 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 3 CUP 408-18, Trailer Drop, LLC August 30, 2018 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 06/20/18 Planning Commission: 08/15/18 Board of Supervisors: 09/12/18 Action Public Hearing Held; Postponed 45 Days Recommend Approval Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for tractor truck and tractor truck trailer parking use. LOCATION: The subject property is located in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-19-64 PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Industrial South: M1 (Light Industrial) Use: Industrial East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Agricultural REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 861, the VDOT facility which would provide access to the property as noted in the application. This VDOT office supports this CUP request. Prior to operation of the business a commercial entrance must be constructed on McGhee Road, to our standards to allow safe ingress of the property. Any work on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and bond surety. Frederick Water: The requested use does not propose to utilize Frederick Water's water and sewer services. Frederick Water offer no comments. Page 4 CUP 408-18, Trailer Drop, LLC August 30, 2018 Frederick County Fire Marshal: Approved. Planning and Zoning: The Frederick County Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP). This proposed tractor truck and tractor truck trailer parking lot will be located within the Stonewall Industrial Park. The 2035 Comprehensive Plan of Frederick County ("Comprehensive Plan") is an official public document that serves as the Community's guide for making decisions regarding land use actions. The Northeast Land Use Plan ("Area Plan") and the Eastern Road Plan of the Comprehensive Plan depicts future Route 37 on the western boundary of this property. The Area Plan is the primary implementation tool and will be instrumental to the future planning efforts of the County. A goal of the Area Plan and the County's Eastern Road Plan is the implementation of Route 37. The Frederick County Zoning Ordinance ("Ordinance") addresses a CUP as a land use action, (Sections 165-103.01 and 165-103.04), and as with any land use action the goals of the Comprehensive Plan should be implemented. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not provide for the acquisition of the future Route 37 R-O-W. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/20/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor truck trailer parking. 4. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not provide for the acquisition of the future Route 37 R-O-W. Page 5 CUP 408-18, Trailer Drop, LLC August 30, 2018 PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/20/18 MEETING: Staff began by presenting a location map of the property. Mr. Cheran reported this is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. Staff noted, this CUP use would not have any significant impacts on the adjoining properties. Staff continued, the Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the MI Zoning District with an approved CUP. Staff noted the Northeast Land Use Plan and the Eastern Road Plan of the Comprehensive Plan depicts future Route 37 on the western boundary of this property. Staff presented mapping of the future Route 37 and a drawing provided by the Applicant. Mr. Cheran explained, a goal of the Area Plan and the Eastern Road Plan is the implementation of Route 37. Staff continued, the Zoning Ordinance addresses a CUP as a land use action and as with any land use action the goals of the Comprehensive Plan should be implemented. Mr. Cheran noted, the application does not provide for the acquisition of the future Route 37 right-of-way. Staff would recommend the following conditions: 1. All review agency comments and requirements must be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 Tractor truck and Tractor truck trailer parking. 4. Any expansion or change of use shall require anew Conditional Use Permit. A Commission Member requested clarification on the mapping that was presented highlighting Route 37 R-O-W. Staff explained the map shows the alignment of Route 37 and its components. The Commission Member inquired if the owner of the property could by -right construct a building on the site. Staff stated that is correct. The Commissioner asked what legal probability the County would have by not approving something being built on this property. Staff noted the land use plans would have an impact on this. The Commission Member commented, this being a gravel parking lot, there is no permanent implement there that would be in the way of building Route 37; there is no easement on the property therefore, it would increase the amount the County or State would have to pay to get the easement; he asked if that is a fair assessment. Staff responded that is a fair assumption. The Commission Member inquired if the easement dedication should possibly be made part of the conditions. Erin L. Swisshelm, Assistant County Attorney, commented it is not recommended the R-O-W dedication of Route 37 be made part of the conditions for this CUP as it would possibly not survive the legal challenge. The Commission Member noted this is confusing; it is believed it could survive a legal challenge of not allowing the Applicant to build anything on the property but could not survive a challenge of asking the R-O-W to be dedicated at a future time as part of the conditions. A Commission Member commented, we are not following the Comprehensive Plan; when we venture away from that it becomes cumbersome for all. He read "this CUP shall implement the Page 6 CUP 408-18, Trailer Drop, LLC August 30, 2018 policy expressed in the Comprehensive Plan" and that says a lot. He continued, Condition 92 the word accommodate is a very vague statement. The Commission Member continued, after Condition 94, "relative to the Comprehensive Plan Staff notes that the conditions are not otherwise provided for the acquisition of the future Route 37 R-O-W." He requested clarification on this. Staff explained, the advice of the County Attorney is to recognize the importance of Route 37 and to recognize there is the opportunity for the R-O-W to be shown on the site plan and if the Applicant would choose there is the ability for that to be a component of a condition. He continued, the preferable way would be to recognize Route 37 and show that all site improvements are out of the R-O-W and Condition 92 appears to do that. He concluded, it is also important to recognize this may be a temporary use. A Commission Member commented she is concerned with the traffic in this area. Staff explained that during the site plan process a TIA maybe required. A Commission Member commented the biggest hurdle is the R-O-W for Route 37 being recognized. Staff responded in Condition 92 it states, "the site plan for this property shall be designed to accommodate the future Route 37 R-O-W." A Commission Member shared his concern that this will be setting a precedent by allowing development in the R-O-W of Route 37; he would much rather see gravel on the site than a building. A Commission Member stated the Comprehensive Plan clearly states the Route 37 R-O-W; does this accommodate the intent of the Comprehensive Plan. A Commission Member disagreed, he feels Condition 92 takes care of the R-O-W issue. Staff explained, the Planning Commission needs to be clear on what that condition reads; the accommodation for the Route 37 R-O-W should be recognized and the site improvements should be outside of that R-O-W. He continued, the picture shown on the plan that was submitted has a clear ROW, therefore the Planning Commission's intent on that condition would be that the improvements are only outside of the R-O-W then that's a fair statement; it is not a dedication but recognizing all site improvements be out of the R-O-W. A Commission Member feels we are fortunate that it's proposed to be just a gravel parking lot rather than a building on the property. Mr. Timothy Stowe of Stowe Engineering, PLC, representing the Applicant explained this is a gravel parking lot and nothing more; it will not impede the development of Route 37. Mr. Stowe continued, the Applicant received comments from Planning Staff and the Applicant feels Condition 92 needs clarity and would like it to read "the site plan for the property shows the future Route 37 R-O-W line"; that is be clear where the ROW is. Mr. Stowe noted, the drawing received is a sketch plan to accompany the CUP, and this project takes a piece of land and provides a need in the industrial park and puts this land to use. A Commission Member asked if the Applicant would be willing to put on the site plan a line that shows the future dedication of Route 37; no vertical development will occur in this zone. Mr. Stowe noted that is the intent and to keep it as parking only. A Commission Member asked if they are willing to do that, why not configure now. Mr. Stowe replied the Owner would like the benefit of using the area that is dedicated for the future R-O-W until such time Route 37 will be developed further. A property owner in the Stonewall Industrial Park came forward and requested consideration be given for a rezoning rather than a CUP. He noted, he is not in specific opposition to the Conditional Use; treat with consideration with regards to previous rezoning. Page 7 CUP 408-18, Trailer Drop, LLC August 30, 2018 A Commission Member concluded he is concerned the Applicant could build on this property rather than just a gravel parking lot and does not feel traffic will be an issue. The Commissioner noted the possibility of including something that will take care of the legal aspects while also adhering to the Comprehensive Plan. A Commission Member commented he would prefer the Planning Commission not wordsmith a condition at this point; there is an agreement to get there, given the importance of the issue to have the opportunity for the language to be checked and presented with a favorable opinion from the County Attorney. A motion was made, seconded, and unanimously passed to postpone CUP 908-18 Trailer Drop LLC for a period of 45 days. Abstain: Commissioner Oates (Note: Commissioners Marston and Triplett were absent from the meeting.) EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATIONS FOR THE 08/15/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use. The Planning Commission postponed action on this item to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the proposed Route 37 Right -Of -Way (R-O-W). The Planning Commission expressed that this application should address the Route 37 right-of-way, it should ensure that structures associated with the future are not located in the future R-O-W. Staff has amended Condition 92 and added Condition 94 to address the concerns raised by the Planning Commission. (In bold) Should the Board of Supervisors find this use appropriate, the Planning Commission would recommend the following conditions be placed on the CUP: 1 All review agency comments and requirements shall be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- Page 8 CUP 408-18, Trailer Drop, LLC August 30, 2018 204.24 Tractor truck and Tractor truck trailer parking. 4. At such time this property develops with a by -right M1 light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require anew Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/15/18 MEETING: Staff reported this is a request for a tractor truck and tractor truck trailer parking use, as a Conditional Use in the MI (Light Industrial) District. A locations map of the property was presented. Staff continued, this item was postponed for 45 days at the June 6, 2018 meeting to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the Route 37 R-O-W. It was explained, a goal of the area plan and the Eastern Road Plan is the implementation of Route 37; the Zoning Ordinance addresses a CUP as a land use action and as with any land use action the goals of the Comprehensive Plan should be implemented. Staff noted, the Application does not provide for the acquisition of the future Route 37 R-O-W. Staff recommended the following conditions: 1. All review agency comments and requirements must be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and truck trailer parking. 4. At such time this property develops with a by -right M1 (Light Industrial) use, this Conditional Use Permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Mr. Tim Stowe of Stowe Engineering, LLC commented the property owner has reviewed the conditions and is satisfied and will comply with them. A Commission Member shared, he remains concerned why Route 37 is not being dedicated on this. A motion was made, seconded, and unanimously passed to recommend approval of Conditional Use Permit 908-18 for Trailer Drop, LLC. Page 9 CUP 408-18, Trailer Drop, LLC August 30, 2018 (Note: Commissioner Molden and Commissioner Thomas were absent from the meeting.) EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 08/15/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County's Eastern Road Plan. The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use. The Planning Commission postponed action on this item to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the proposed Route 37 Right -Of -Way (R-O-W). The Planning Commission expressed that this application should address the Route 37 right-of-way, it should ensure that structures associated with the future are not located in the future R-O-W. Staff has amended Condition 92 and added Condition 94 to address the concerns raised by the Planning Commission. Should the Board of Supervisors find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor truck trailer parking. 4. At such time this property develops with a by -right M1 light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. Followinz the public hearinz, a decision rerardinz 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. PApplications Parcels dF Building Footprints CUP # 08 - 18 Note: Frederick County Dept of Trailer Drop, LLC Planning & Development PIN: 107 N Kent St 43 - 19 - 64 Suite 202 e Tractor Truck and Winchester, VA 22601 Tractor Truck Trailer Parking 540 - 665 - 5651 Location Map Map Created: May 30, 2018 Staff: mcheran 0 105 210 420 Feet CUP # 08 - 18 625 650 MCGHEE RD Trailer Drop, L L C MCGHEE RD ' PI N: 43-19-64 -- • Tractor Truck Zoning Map and Tractor Truck Trailer Parking 645 w 656 MCGHEE RD r w 657 MC -GHEE RD 1 31 64 fi V �# • a § t .• k ,,. n qt Applications Parcels Building Footprints B1 (Neighborhood Business District) a B2 (General Business District) •' W �`' � _�. f B3 (Industrial Transition District)#: f Q x EM (Extractive Manufacturing District) HE (Higher Education District)WE�c�R 37 M1 (Light Industrial District) M2 (Industrial General District) a MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) IRS (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) CUP # 08 - 18 Note: Frederick County Dept of Trailer Drop, LLC Planning & Development PIN: 107 N Kent St e 43 - 19 - 64 Suite 202 Tractor Truck and Winchester, VA 22601 Tractor Truck Trailer Parking 540 - 665 - 5651 Zoning Map Map Created: May 30, 2018 Staff: mcheran 0 105 210 420 Feet SPRING ✓AtEY-LOT 73 MARS-((9)-(4) 73 1NC. 011473, PGJ15 43(A)19 ZONED: RA �/ n C ° N JPO PROPERTIES, LLC USE: ✓A 5.01 A GR/CULTUAf 140007602 \ .01 ACRES EpVP .l" W I U ZONED: RAUSE37.76RACPES RE \ iN0.YJ USE IGI 0.1�'m jV 6"0 9A" E \ / G�p0047 p2) lip j6�Sa PEKE I _T m e S EJn � C � v 'SNENANCOAN WATER' r 1 ` 478 a9' 43-(19)-60 SHENWIN,LC L+ ni�'11 . - 0050016638 �# -`1 15aai' ,f966 y ZONED: M-1 +•'-`- 1 USE: WAREHOUSE, J.00ACRES 10 ROAPH D 4 RO.WQL H \ C) G 43-(A,i.21 G.eiMw WE 116, PG 363 �, AI •I - 9,�\1,. \ T ZC-BPO: RA 50 O USE: AGA. , �•L: ,� U Q -6.06 AC I L 1 43(19J-43 MULOON'NfY-TICHES 4J-{79J-63 A S 5 MARBIE AO OCIA ES GRANITE, INC. ¢ ZONED: M-1 060017619 1 I USE: OUTDOOR STORAGE ZONED: M-1 Z w 6.95 ACRES USE: WAREHOUSE 2.19ACRES ti EX. 10'ORAih. _::-15En NI .06902067L .53P48'35'W-477.81'_ _. ... tr fi Property Data r Tax Map Number 66043-(19)-64 M 1P Address 660 McGhee Road 943 acres DATE'. 7-19-2018 Zoning 4. 60, 0' 60, Legal References #060020671 SCALE: 1"=60' f, �I Existing Use Vacant DRAWN BY: GRO GRAPHIC SCALE Proposed Use Trailer Parking Lot JOB NO. #0500 f,AY v 2018 iI ,n "77.sn'.ci<7� i--;TY i Submittal Deadline M P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner Other ✓� NAME: Trailer Drop, LLC ADDRESS: 1073 Redbud Road, Winchester, VA 22603 TELEPHONE: (540) 667-2001 2. Please list all owners, occupants, or parties in interest of the property: Lenoir City Company of Virqinia, Inc. - Tom Gilpin, Current Owner Trailer Drop, LLC - Owner by Contract 3. The property is located at: (please give exact directions and include the route number of your road or street) Stonewall Industrial Park at the end of McGhee Road (Rt 861) 4. The property has a road frontage of 82.47' feet and a depth of 697.01' feet and consists of 4.934 acres. (Please be exact) 5. The property is owned by Lenoir City Company of Virginia as evidenced by deed from Lenoir City Company of Tennessee (previous owner) recorded in deed book no. 344 on page 235 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. z Property Identification Number (P.I.N.) 43-(19)-64 Magisterial District Stonewall Current Zoning M-1 5 7. Adjoining Property: USE ZONING North Industrial M-1 East Industrial M-1 South Agricultural RA West Agricultural RA 8. The type of use proposed is (consult with the Planning Dept. before completing): SECTION 165-204.24 - TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING 9. It is proposed that the following buildings will be constructed: NO BUILDINGS - STATE COMMERCIAL ENTRANCE AND GRAVEL LOT ONLY. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name Kathryn L. Parker 394 Paris Heights Lane Paris, VA 20130 Property # 43-(A)-1 6 FProNameShenWln, LLC PO BoX 2555 Staunton, VA24402 perty#43-(19)-60 Name Muldowney-Tiches Associates 331 Newman Springs Road, Suite 236 Red Bank, NJ 07701 Property # 43-(19)-43 Grimm Morris PO Box 2802 Winchester, VA 22604 FrNamerCheryl opety#43-(A)-21 Name Property # Name Property # Name Property # [:� 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when, this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner-c Owners' Mailing Address. Owners' Telephone No. S 7 G � -,?g — z% 0 --- TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: G Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: ww Aeva,us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Lenoir City Company of Virginia, Tom Gilpin (Phone) (540) 678-1110 (Address) PO Box 1657, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 344 on Page 235 , and is described as Parcel: 43 Lot: 19 Block: Section: 64 Subdivision: Stonewall Industrial Park do hereby make, constitute and appoint: (Name) GreyWolfe, Inc. - Gary R. Oates, LS-B, PE (phone) (540) 667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit 0 Master Development Plan (Preliminary and Final) [—] Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof„ e) have hereto set my (our) hand and seal this l b ,Z day of 20/9', Signature(s) ,�� ,ca�./- - r.,✓� ,1 Cl v�,,vi� State of Virginia, City/ of \N1 , (.1 CL&It-VL , To -wit: �r 1 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signeb to the foregoing instrument personally peared before me and has wledged the same before me in the jurisdiction aforesaid this i ( day of , 20 )� . My Commission Expires: 2- Z �Z of ry Publics 060020671. 0 N CJ 8g 317 C - ^�ti Tamer pace 4� q^��oo �and VICINITY MAP qF 1" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF LENOIR CITY COMPANY OF VIRGINIA, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE D ES OF THE UNDERSIGNED OWNERS, PROPRIETORS,, AND TRUSTEES, IF ANY. r� a� �a z{ I w- m X M v W c7 h a�VhC�� CLh Ln az�vJ C a m 0 T.M. 43-A-16 GLENDOBBIN RIDGE RURAL PRESERVATION TRACT GLEN W. RUSSELL, ET UX INST No. 020005243 (SEE INST No. 030000473) ZONE. RA USE. AGRICULTURAL 1 60 A3�191 T.0- L01N �.L• . S NOE' IACNS CT. . US0� 1, 805.37' TO Q KENTMERE CT (RTE 869)6z CC) POB Q �o E9olRF IN , C1 / ZONE' 20� 10' DRAINAGE DBS832 T PG 1486 dQ( lRFp 10' DRAINAGE do UTILITY W EASEMENT HEREBY RESERVED. 20 2 I SEE NOTE J. I,' f W DOT -SHADED AREA DENOTES A ` I VARIABLE WIDTH DRAINAGE EASMENT ;� HEREBY DEDIC47ED TO THE it COMMONWEALTH OF VIRGINIA. 1 LOT 10 N fl NEW TAX PARCEL E3 o}IRs I 43-19-64 10' /o 4.9426 ACRES 0 10' DRAINAGE do UTILITY I h EASEMENT HEREBY RESERVED. SEE NOTE J. A. -4 \ ti / 4 '. S 16'08'05' W 250.00' o i RGy�G N 45'07 30 - If 244.44' T.M. 43-A-21 CHERYL GRIMM MORRIS WB 116 PG 363 SEE DB 240 PG 322 ZONE. RA USE. AGRICULTURAL � 4 y1 � & 20' DRAINAGE I EASEMENT i f DB 832 PG 1486 I SEE SHEET 3 FOR CURVE DATA, LINE DATA, LEGEND AND NOTES SEE SHEET 4 FOR METES & BOUNDS DESCRIPTION. 100 0 100 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT OF A PORTION OF THE LAND OF LENOIR CITY COMPANY OF VIRGINIA LOT 10 - STONEWALL INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 100' DATE: MARCH 28. 2006 GREENWAY ENGINEERING 151 Lindy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.-(540) 722-9528 Founded in 1971 www.greenwayeng.com TH 0�; -6ZQj A >=.- RICHARD A. EDENS a No.002550 ray` 3 -z lb -o (o 3310 SHEET 2 OF 4 CURVE DATA CURVE DELTA ANGLE I RADIUS ARC LENGTH I TANGENT I CHORD BEARING CHORD LENGTH C1 63'00'l l " 75.00' 82.47' 1 45.96' 1 S 36'09'19" E , 78._M' DRAINAGE EASEMENT CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT I CHORD BEARING CHORD LENGTH EC 1 30' 11 '09' 95. 00' 50, 05' 25. 62' 1 N 19'44'48' W 49. 47' nRA1A1AGF FASFAAFNT IlNF nATA LINE BEARING DISTANCE E1 S 16'08'05" W 25.00' E2 S 68'51 '18' W 30.31 ' E3 S 06'43'18' W 147.48' E4 S 16'08'05' W 61.14' E5 S 44'52'30" W 383.65, E6 N 13'04 20" E 18.98, E7 N 4452 30" E 364.07' E8 N 06'43'18" E 252.38' E9 N 85'20'47" E 20.00' I�GEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE IRF = 112" IRON REBAR FOUND IRS = 1/2" IRON REBAR & CAP SET POB = POINT OF BEGINNING OF METES k BOUNDS DESCRIPTION NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT F7ELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS OR ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN. J. A DRAINAGE AND U77LITY EASEMENT, TEN FEET IN WIDTH, IS HEREBY RESERVED BY LENOIR CITY COMPANY OF VIRGINIA OVER LOT 10 LYING ALONG AND COINCIDENT TO ALL OF THE BOUNDARIES OF LOT 10 AS SHOWN HEREON. 4. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE C, AREAS OF MINIMAL FLOODING, AND ZONE A, AREAS OF 100—YE4R FLOOD; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED, PER N.F.I A FLOOD INSURANCE RATE MAP No. 510063 0105 B, DATED JULY 17, 1978. THE APPROXIMATE LIMITS OF SAID ZONE A ARE SHOWN HEREON AS DETERM/NED BY GRAPHIC PLOTTING UPON S41D MAP. 5. THE LOT SHOWN HEREON MAY BE SUBJECT TO FUTURE RIGHT—OF—WAY ACQUISITION FOR THE PROPOSED ROUTE 37 EASTERN BYPASS PER THE CURRENT FREDERICK COUNTY COMPREHENSIVE PLAN. FINAL SUBDIVISION PLAT OF A PORTION OF THE LAND OF LENOIR CITY COMPANY OF VIRGINIA LOT 10 - STONEWALL INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: MARCH 28, 2006 GREENWAY ENGINEERING I51 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com TH p� RICHARD A. EDENS y No.002550 �r�r3-28-oCo ' 3310 SHEET 3 OF 4 0 w G7 r METES AND BOUNDS DESCRIPTION The accompanying plat represents a division survey of a portion of the land conveyed to Lenoir City Company of Virginia by deed dated January 1, 1968 of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 344 at Page 235. The portion of said land herein described, hereafter to be known as Lot 10 — Stonewall Industrial Park, fronts the northwestern boundary of McGhee Road (being a duly dedicated street not yet accepted for maintenance by.the Virginia Department of Transportation) 1,805.37' southwest of the intersection with the southwestern boundary of Kentmere Court (Va. Route 869) in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: LOT 10 Beginning at a %" iron rebar found on curve in the cul-de-sac boundary at the southwestern terminus of McGhee Road, corner to Lot 11 (Shenwin, L.L.C.); thence with said road boundary 82.47' along the arc of a curve to the left, having a radius of 75.00' and a chord bearing S 36009' 19" E for a distance of 78.38', to a Yz" iron rebar & cap set, corner to Muldowney- Tiches Associates I Limited Liability Limited Partnership; thence with Muldowney-Tiches for the following two courses: S 16008'05" W — 250.00' to a %" iron rebar & cap set; thence S 44°52'30" W, passing over a %2" iron rebar & cap set at 462.8 V and continuing, 477.81' in all, to a point in Redbud Run and in a line of Cheryl Grimm Morris; thence with Morris and generally with said run N 45007'30" W — 244.44' to a W' iron rebar & cap set on the southwestern bank of Redbud Run and in a line of Glen W. Russell, et ux; thence crossing said run and with Russell N 22045'59" E — 478.49' to a %" iron rebar found, corner to Lot I I (Shenwin, L.L.C.); thence with Lot I I N 85020'47" E — 349.57' to the beginning. Containing.......................................................................... 4.9426 Acres. Surveyed............................................................................. March 28, 2006. VIRGINIA: FREDERICK COUNTY.SCT. r This instrument of writing was produced to me on MCHARD A. EDENS a 1 __Q at 1©'— No.002550 and with certificate acknowledgement thereto annexed 3 was admitted to record. Tar imposed by Scc. 58.1-802 of C �� sue, and 58.1-801 have been paid, if assessable. � suRv� Clerk,. File 3310 Sheet 4 of 4 O w ORDINANCE Action: PLANNING COMMISSION: June 20, 2018 Public Hearing Held, Postponed for 45 days August 15, 2018 Recommended Approval BOARD OF SUPERVISORS: September 12, 2018 CONDITIONAL USE PERMIT #08-18 TRAILER DROP, LLC WHEREAS, Conditional Use Permit #08-18 for a tractor truck and tractor trailer parking use, submitted by GreyWolfe, Inc., for tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park was considered. The subject property is located at Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is further identified with Property Identification Number 43-19-64 in the Stonewall Magisterial District, and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on June 20, 2018 and postponed the Application for 45 days, and the Planning Commission then held a public meeting on this Conditional Use Permit on August 15, 2018 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on September 12, 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 908-18 for tractor truck and tractor trailer parking within the Stonewall Industrial Park on the parcel identified by Property Identification Number 43-19-64 with the following conditions; PDRes #31-18 1 1. All review agency comments and requirements must be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 Tractor truck and Tractor truck trailer parking. 4. At such time this property develops with a by -right Ml Light Industrial use, this Conditional Use Permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. Passed this 12th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Shannon G.Trout Robert W. Wells PDRes #31-18 Gary A. Lofton Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator Pa COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mark R. Cheran, Zoning Administrator RE: Continuation or Revocation of Conditional Use Permit #13-96 Hogue Creek Country Market — Public Hearing DATE: August 30, 2018 At their July 25, 2018 meeting the Frederick County Board of Supervisors directed that CUP # 13- 96, Hogue Creek Country Market be presented to the Planning Commission and Board of Supervisors for potential revocation through the process described in the Frederick County Zoning Ordinance for the revocation of Conditional Use Permit (CUP). The Planning Commission held a public hearing on August 15, 2018 and recommended that the CUP # 13-96, Hogue Creek Country Market not be revoked at this time. By way of background the Frederick County Board of Supervisors approved Conditional Use Permit (CUP) 413-96 Hogue Creek Country Market on December 11, 1996 to allow for an expansion of the country market on parcel 40-A-66D in the Gainesboro Magisterial District. This CUP was approved with the following conditions: 1) A site plan must be submitted and approved for the proposed addition prior to any construction activity. 2) Any future expansion of this facility or change of use will require a new conditional use permit. 3) All review agency comments and requirements must be complied with at all times. 4) At the time of site plan submittal, a buffer shall be considered along the property line of the adjoining residence which would reduce light pollution, sound pollution, and be able to catch blowing debris. 5) If an external speaker is used for the drive-in window, the volume must be controlled so it is not a noise nuisance to adjoining residences. 6) The required screening to the east of the store site may be dense low screen that would capture any blowing paper or debris that escapes from the market site. 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 7) The permitted hours of operation of the market will be from 5:00 A.M. to Midnight. Violation of Condition This Property was approved for a country store via Conditional Use Permit #13-96 (CUP #13-96), by the Frederick County Board of Supervisors on December 11, 1996, with the above conditions assigned to the CUP. Staff received a complaint regarding a violation of the hours of operation. The property owner was cited on April 2, 2018, for violating Condition #7 of the CUP, states hours of operation to be from 5 A.M. to Midnight. The use of the store operating after midnight is a violation of the conditions placed on Conditional Use Permit #13-96. The property owner applied to amend Condition #7 of CUP #13-96 to change the hours of operation to 24 hours, in response to a zoning violation complaint. Amending the CUP is an available remedy to this violation. The property owner submitted (CUP #07-18). At the Planning Commission meeting on June 6, 2018, citizens spoke about additional violations of the conditions assigned to the CUP. These included: Conditions #1 and #4. The Planning Commission voted to forward a recommendation of denial of the proposed change of the hours of operation to this CUP. The Board of Supervisors (Board) held a public hearing of CUP #07-18 to amend Condition #7 to extend the hours of operation at their July 25, 2018, meeting. Citizens spoke of additional violations of conditions assigned to CUP #13-96. These included: Conditions #1 and #4. The Board voted to deny the CUP to extend the hours of operation. Furthermore, the Board recommended revocation of CUP #13-96 due to violations of Conditions #1 and 94. § 165-103.08 Revocation. The Board of Supervisors may, by resolution, initiate the revocation of any active conditional use permit. The consideration of the revocation shall proceed following the procedure set forth for approving a new conditional use permit. Following recommendation by the Planning Commission, the Board may revoke an active conditional use permit for the following reasons: A. Failure to establish or discontinuance of the approved conditional use. If the approved conditional use has not been established within two years of its approval or if it has been discontinued for two years, the conditional use permit may be revoked. B. Repeated or continuing violations of this chapter, including violations of the conditions placed on the permit. C. Fraudulent, false or misleading information supplied by the Applicant in applying for the conditional use permit. Planning Commission Summary & Action of 08/15/18 Staff reported at the July 25, 2018 Board of Supervisors meeting, it was directed that CUP #13-96 be scheduled for potential revocation; reason for revocation — site plan violation, hours of operation, light pollution, and blowing debris. Staff continued, CUP 913-96 was approved on December 11, 1996 to allow for an expansion of the country market on parcel 40-A-66D in the Gainesboro Magisterial District. Staff noted, CUP #13-96 was approved with the following conditions: A site plan must be submitted and approved for the proposed addition prior to any construction activity. 2. Any future expansion of this facility or change of use will require a new condition use permit. 3. All review agency comments and requirements must be complied with at all times. 4. At the time of site plan submittal, a buffer shall be considered along the property line of the adjoining residence which would reduce light pollution, sound pollution, and be able to catch blowing debris. 5. If an external speaker is used for the drive-in window, the volume must be controlled so it is not a noise nuisance to adjoining residences. 6. The required screening to the east of the store site may be dense low screen that would capture any blowing paper or debris that escapes from the market site. 7. The permitted hours of operation of the market will be from 5:00 a.m. to Midnight. Staff presented a location map and site plan of the property. It was explained, Staff had received a complaint regarding a violation of the hours of operation; the property owner was cited on April 2, 2018 for violating condition #7 — hours of operation (5 a.m. to midnight). Staff noted, the property owner applied to amend condition #7 to change the hours of operation to allow for 24 hours. The Planning Commission recommended denial of this revision on June 6, 2018 and the Board of Supervisors denied this change on July 25, 2018. Staff concluded, the violations identified have been addressed by the Applicant including the hours of operation, screening, trash, and lighting. A Commission Member inquired, is the site currently adhering to the site plan. Staff noted, as of August 10, 2018 the site plan is being adhered to. The Commission Member stated in the ordinance it reads there are three conditions for revocation; one is failure to establish or discontinue a conditional use for more than two years; the second is repeated or continued violations on the conditions of the CUP; the third is fraudulent or misleading information supplied by the Applicant. The Commission Member asked if this is the first violation for the current owners. Staff explained, the current owner has been cited for one violation; Staff has worked with him regarding site plan issues and the owner has complied. The Commission Member noted, at best there is possibly two conditions for revocation, is that enough to pull the CUP. Staff commented that is a decision for the Planning Commission and the Board of Supervisors. A Commission Member commented since the last Planning Commission meeting he has seen action taken by the Applicant to correct some of the issues discussed. Mr. Gifford Hampshire, Attorney with the law firm of Blankenship & Keith, representing the Applicant came forward. Mr. Hampshire began by emphasizing the owner has been working diligently to address the complaints brought forth by the neighbors. Mr. Hampshire presented photos that addressed the concerns such as: fencing, signs for no parking, lighting shields put in place. Mr. Hampshire noted, a lot has been done to address neighbor complaints and the Applicant is adhering to the midnight closure time. He concluded, the only violation that the current owner was cited for was the excessive hours; there may have been other complaints but only one violation, therefore the revocation is unfounded, and the Applicant wants to be a good neighbor; if any complaints arise in the future he is willing to address them promptly. Mrs. Robin Menefee, the adjacent property owner came forward and shared her concerns and thoughts. She explained, she has spent 18 months reporting the violation of hours, the fence was broken for a long time allowing the trash to enter her property and her husband has spent four hours cleaning up the property. Mrs. Menefee continued, after the first meeting the store continued to operate after midnight and the trucks entering at night were not fuel trucks but customers coming in. She noted, they are not advocating the store be closed; they feel the business and the conditions of the CUP should be closely monitored. Mrs. Menefee concluded, she and her husband are requesting the CUP be revoked due to the conditions being violated and recommend the adoption of a new CUP with conditions. Ms. Tonya Elliott, an employee of the store for three years commented the owners are truly nice people and are trying to comply and work with everyone on resolving the issues at hand. Mr. James Bucher commented he lived on the adjacent property for a period of time and the lights, noise, and trash were not major issues. He requests the store remain open for business. Mr. Edward Menefee, the adjoining property owner commented it took him four hours to clean up trash and the noise is an ongoing issue. He noted, he has been to the store on three occasions to address the issues and concerns and has not gotten any results. Mr. Menefee concluded, he would like to see the business operated better so not to impact the neighbors. Mr. Ray Hiner, a store customer commended the integrity of the store employees and owners. He noted, being a truck driver, this store and its location offers a great service to the community. Mr. Alan Morrison speaking on behalf of Mr. and Mrs. Charles and Brenda Newcome thanked the Applicant for the replacement lighting shields. He continued, late night braking remains an issue; the Newcome's do not want this store to be a truck stop and are opposed to it being open 24 hours. Ms. Beth Potts who owns a vacation home in Capon Bridge, West Virginia frequently visits the store and would like to see it remain open. Mr. Darrin Derflinger a customer commented he supports the store; he has been to other locations these owners have and like all of the stores. Mr. Derflinger noted this CUP should not be revoked due to the owners making an honest effort to comply with the conditions. Mrs. Robin Menefee commented again she is not advocating the store be closed but is asking the conditions within their control be monitored. Mr. Hampshire commented, the Applicant will continue to address any concerns and complaints from the neighbors or Staff. A Commission Member shared, he does not feel one citation warrants revocation of the CUP. A Commissioner suggested to Mr. Morrison that Mr. and Mrs. Newcome contact Staff to recommend the Transportation Committee take a look and possibly get signs from VDOT for "No Jake Brakes" being placed in the area. A Commission Member commented he is a customer of the store; he appreciates the store being there and the owners have done a lot to correct the concerns and complaints brought forth. A motion was made, seconded, and unanimously passed that CUP #13-96 not be revoked at this time, and to recommend the Board of Supervisors direct County Staff to monitor the store for a minimum of 60 days. (Note: Commissioner Molden and Commissioner Thomas were absent from the meeting.) MRC/pd ti 131 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) ® HE (Higher Education District) M1 (Light Industrial District) r M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) ,.. ; CURT o</NERD 50op+0 T �:' •-yam a PINEHILLDR Note: f CUP # 07 - 18 Frederick County Dept of Winchester 101, LLC Planning & Development PIN: N Kent St e Suite e 202 } 40 - A - 66D Winchester, VA 22601 Convenience Store 540 - 665 - 5651 Zoning Map Map Created: April 30, 2018 Staff: mcheran 0 105 210 420 Feet t.onvenience gore ` f eREEKLN Location Map ` ;CREEK LN .: 211 _ °DEVLAND ,HOG UE CREEKLN ��• 189 - - _ DEVLAND DR .4. l 40 A 66D :h�•: :< NORTHWESTERN - - PIKE 4789 - NORTHWESTERN - y 4722 4743 NORTHWESTERN 4A NORTHWESTERN PIKE . PIKE ` a NORTHWESTERN PIKE {� 4771 s NORTHWESTERN PIKE • 4765 'NORTHWESTERN � NORTHWESTERN PIKE PIKE • 4729 NORTHWESTERN • PIKE / 267 • � ' 267 MOUNT MOUNT OLIVE RD �lJ OLIVERD P Applications 4P Building Footprints Note: CUP # 07 - 18 Frederick County Dept of Winchester 101, LLC Planning & Development PIN: 107 N Kent St e 40 - A - 66D Suite 202 Convenience Store Winchester, VA 2260, 540 - 665 - 5651 Location Map Map Created: April 30, 2018 Staff: mcheran 0 105 210 420 Feet Submittal Deadline 5411 18 P/C Meeting 6 t< tg BOS Meeting ) r 8 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner �— Other NAME: MA P R A K A 5 H P f4 `r E ),- ADDRESS: 5 I h P( t" ' ' t3 1Z A ri C +-f izn /-)b t'q i F H X' V A Z L11 TELEPHONE: -7 G 3- y 7 S- 9 6'1 0 2. Please list all owners, occupants, or parties in interest of the property: &tq K R _H p T"`�L The property is located at: (please give exact directions and include the route number of your road or street) i j-1 i j E.' i c: Z jV }' i !� t= l j, N . �t f_5 fi r' 1Z V 2 2 -3 4. The property has a road frontage of 60-�- feet and a depth of 3,1 it= feet and consists of S, o 6 acres. (Please be exact) The property is owned by e- u C � f-,-r ` t o r f as evidenced by deed from P hl [,, i-q b by 1' L L L (previous owner) recorded in deed book no. % 2 on page _2-_3_f2_, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Property Identification Number (RI.N.) / C�, ]b Magisterial District ' � � F� S I _ A! n Current Zoning 5 7. Adjoining Property: USE North C C b . East South j C West Gros '.":1 ZONING a,1.A 12-'Q f3 8. The type of use proposed is (consult with the Planning Dept. before completing): J !' i 7— 0 d) t= IBC ZJA H 0 U r2S " 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name = hJA c72 �-f�I7'H7 AVc,c e-7 Property # ��1 N' N"O y p Z l �7 Name f 1W GFTf, Zx6�(� Property # / ty O} Name " IL Vr9�e- x LIV i 7 6 a 5 Property # H Name ! r LI [= s ?'�i= �`y't? Properly # —zoIn Name S y ! ,ti .D! T (0 ti E ' [ � ` �� 1.f r' ,i 6 Property # 6) A J G' Name J (9 (s r9 .K U c� Fi fJ 0 4514 1 D (n ( fit_ S. 0 tIL7 rn1 Property # 7 7 Name `l fl6 6) o Cp Gfz!-`ri•c. 4A) t • r Property # ,q 6 14 iqn0a,--L )f' V IC' Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. '1 R P I 4 C, AL I ' � 1 I i A I t,s R l 1�, T i i v `M.. c "�. PROPOSED FENCE DETAIL R_ �, I I I �I �^z..,wx.. I, I I I I I^- _ 11 II II I _ I II I I I TO K 150 WESTBOUND LANES h — _ _ T / casmxc W.Ps,se �nax u:Nc a,rs cew,. a wo. z. —,ram ;ROUTE 'OBE _--� WA Llpli DEie1L 5, r uss� av°wnµ s U G_ I I — — ----------- 1' -- FOODLQ zi - -� - 47 �s nna.e.Y auw r,� �[ a owa,[ sro u xab WWY U U < C f� p W O t` HANDICAP PARNING STREPING UYOUT Z u x a 7/7fix° as o IDI 1 os NOTE: . wr acxs u.. tt Pv=oxxai HANOICM SIGNLL DETAIL IIIU ^ awo. u-a.Nxe� Pas, ® ® xy�e(g e• f wax° oATE — rsa r-_- ------- OWE m.rro swaa owPnm vv_ BCRLE'. ORRWN: ' JOB NO.: 211. 9604001 .�... . 12. Additional comments, if any: A r L ( ) (=^ S i 'T F? r rD e- s 2 q " b c) )2 -f , j P, L Y 149 ^./ -0 's ,H 4" Y TcA X T"L -5- 7'd PO L d K r%!r Tom. f /"I _.� 7- 1"J Z /- 0 t i'' - Z- / dal 0 f" r �� ✓ c= Ate' �►�F�.,�.acc� I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant _Z2 Signature of Owner _Pik A krA S 1 . t,F A''I r- L Owners' Mailing Address y (.2 fC ra ,.j Po i a iTn X v A.aw3o Owners' Telephone No. '7 « 3 kt `LE --LA �, li.0 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 0 Edward and Robin Menefee lOZCannarugeCourt Stephens City, VA2265S Mr. Mark R.Cheran,Zoning Administrator County ofFrederick, Planning and Development 1O7North Kent Street, Suite 202 Winchester, VA 22601 Re: (1)Conditional Use Permit (CUM#O13-96and Site Plan #0D1-97,Hogue Creek Market Property /D4O-A-66[\ Zoning District: RA(Rural Areas) (2)Correspondence toPlanning Department dated 1/2O/2U17,3/26/2O17,and 3/I6/2O18 (3)Condihona( Use Application #U7-1D Winchester 101 Dear Mr. Cheran: As you are aware the Planning Commission recently recommended the Board of Supervisor's deny the above referenced application requesting to operate 24/7; however, we feel you should be aware the business continues to engage in commercial operations during the hours of 12:00 a.m. and 5:00 p.m., which are the hours the business is to be closed. Examples are attached and notations provided where validation is available through a receipt or pictures/video. Initially the business turned off all lights signifying it was closed, but then began leaving canopy lights on which illuminate all the pumps and advertise/engage in 24/7 fuel sales. in the examples listed, semi -trailers have been parked for days with one refrigeration unit running all weekend; tractor trailers fueling; and one parked and idled all night. in addition, there are a number of matters that contravene the original site plan. For instance, and asvve initially reported to the Planning Department 18 months ago, the fence remains non -compliant with the site plan and the required landscaping buffer remains non-existent. (Since the buffer has not been rectified vverequest itnot bequickly implemented because at this stage with multiple issues and onopen application is should be reviewed as it had not provided any density for adequate screening.) Lastly, during a night with limited moonlight it was obvious that lighting from the property is casting shadows onthe far east side ofour property, the front porch, and living room when the drapery isopen. We respectfully request this CUP be brought before the Planning Commission for a revocation review. Based on the attached research from archived minutes of the Planning Commission we concluded there |sprecedence for this action. Thank you for your prompt attention to this matter. ' Edward and Robin Menefee Cc: Mr. Charles Dehaven, Jr., Mr. Kevin Kenney, Mr. Doug McCarthy, Mr. Charles Triplett Menefee July 9�018, Page 2 Examples ofcommercial activity between 12:00a.rn.and 5:U0a'mn.post April 2" notification letter: April 24, 2018 — Full lights on 4:30 a.m. with fuel sales occurring. When purchasing breakfast at the store after 5:00 a.m. a worker confirmed the store opens as early as 4:00 a.m. (Photo enclosed) April 27,2O18-12:15a.nn. 2cars fueling; all lights on. Lights completely off at12:3Oa.m. (As a side note, on my way home at 10:50 p.m. I passed a Quest fuel tanker going the wrong way down RouteSO until itcould turn around at the railroad crossing.) (Photos/Video) April 28,2O1O-12:22a.m.gentleman leaving the store; All lights off at12:31a.m. April 25\2018-12:26o.m.customer instore. All lights out at12:SUa.m'(Photo enclosed) May 1,2018-4:30o.m.tn5:O0a.nn.has 4vehicles fueling, Small canopy lights illuminate all the pumps. May 5, 2018 — Multiple vehicles and open until 12:30 a.m. when all lights went off. May 26,2O1O—approximately 8vehicles midnight until closing at123Uo.m. Small canopy lights on. (Photo of receipt enclosed where gas and snacks were purchased at 12:22 a.m.) ]une1,2O18—Firsttimeobserved|iQhtsoffdnserto1Z:OOa.nn.andunti/5:O0o.no. Small canopy lights remain onall night. June 4, 2018 — Log trailer dropped in back at east side of property (Photo available) June 5L2U1O Log trailer still inback ateast side ofproperty (Photo available) June 20, 2018 — Semi -trailer parked on east side of property line (Photo available) June 21,2O18-12:1Ua.m.the store isopen and lights on; 12:15a.m.store and large canopy lights off but small canopy lights on. Observed multiple cars entering for fuel between 1:20 a.m. and 4:49 a.m. Tractor trailers circled the back ofthe building and purchased fuel at2:UOa.m. and2:13 a.m. (Photos/Video) June 22, 2018 — Observed fuel sales at 1:19 a.m. and 2:18 a.m. Tractor trailers circle the building and fuel ot2:O4a.no. and 2:14a.m. (Photo/Videoavai|ab|e) June 23, 2018 —two semi -trailers parked on east side of property line all weekend. (Photo enclosed) June29, 20lO—fuel sales at 12:47a.nn.to232 a.m.Two tractor trailers circled the building and fueled at2:10e.m.(Photo endosn/VidenavaUab|d June 30, 2018 — Store and main lights out about 12:10 a.m. A tractor trailer was parked on the westside nfstore before closing and remained overnight idling until after 5:0Oam. Fuel sales observed between 12:36 a.m. and 3:43 a.m. At 1:18 a.m. e tractor trailer came to back ofbuilding and dropped its semi- trailer atthe west side ofthe property. This semi -trailer remained parked through the weekend with its Thermoking refrigeration unit running. A second semi -trailer parked on the property had been dropped the previous day. (PhVtos/Videoavai|ab|o) July G'8,JO1O—The two (2) semi -trailers parked again on east side of property line all weekend (Photo Menefee July 9,2018, Page 3 Conditional Use Permit Violations with Revocation Hearings • #09-04 —James Bayliss Real Estate Violation on signage where a for -sale sign was considered a second sign and one of the signs exceeded the permitted four -square feet. Planning Commission Hearing 2/20/2008 • #17-04 - Elvira Landscaping Violation on lack of a six-foot opaque fence to adjacent residential properties Planning Commission Hearing 6/1/2005; at the hearing the revocation review was withdrawn • #30-99 — Winchester Motor Services (Mr. Van Man) Violations included tractor trailers, debris, and tires on the property Planning Commission Hearing 2/2/2005 • #17-90— White Oak Campground Violations of inoperable motor vehicles, camper stays longer than 30 days, and a restaurant operation in the store. Some violations started with prior owner. Planning Commission 6/16/2004 • #01-01 —Wilson Mining Operations Violation — Operations before a VIDOT-approved entrance was in place. Planning Commission hearing 11/7/2001 Menefee July 9,2018, Page 4 Examples of Photos: June 29, 2018, 2:10 a.m. — 2 tractor trailers entering and fueling June 24, 2018, 2:10 p.m. — 2 semi -trailers parked for the weekend, one with Thermoking running RT. 50 Gasmart Sunoco, 1 t540' 8717.2622 4760 Northwestern P)Ke Willchester, VA 22603 ", 26,1",it" !z Your Caa? Ju �Pxs Nd l Footer S?1ND%D Oo 3193300 3Yss;i NOPT? OL21Ekh Plkf 35t.12279irr+l? 05/26/2018 12.25:35 dH 1 Trans s: 978 OP ID: 6 Yaur Cashier: MOH $2.99 101 ;y $3 ,73 101 ERV $d.29 1131 Change Due = $ti.(jo Cap*, irt7?p Radii Hd.';I'er :"a rd Rcide : itsuet AID: Ath1Ui100004 ht l o TVR, ti0(>11p;? Orr, I'la. —'. . . k 5 m 3 M f9;h M G l0 N O t•+ 00 0) 04 M rL Menefee July 9,2018, Page 6 Lights on and open April 24, 2018 4:28 a.m. Lights out, Closed April 29, 2018 1235 a.m. Menefee July 9,2018, Page 7 June 29, 2:28 a.m., Example of current lighting at night June 30, 2017,12:27 a.m., Fuel sales B&K Blankirlgship�eithp° 4020 University Drive, Suite 300 Fairfax, Virginia 22030 T: 703.691.1235 Gifford R. Hampshire F; 703.691.3913 Email: i7asnnshire ci'h2 ;7kxs a.y +ui August 14, 2018 Frederick County Planning Commission Care of, Mark R. Cheran, Zoning Administrator; _fc-%-a.us and FEDEX 107 North Kent Street Suite 202 Winchester, Va. 22601 RE: August 15, 2018 Hearing on Continuation or Revocation of CUP 413-98, Hogue Creels Country Market Dear Mr. Chairman and Honorable Members of the Planning Commission: This firm represents Winchester 101, LLC (Winchester 101). Winchester 101 is the owner of property located at 4780 Northwestern Pike, PIN 40-A-66D, Gainesboro Magisterial District (the "Property"). The Property is subject to Conditional Use Permit # 13-96 (the "CUP"). The Board approved the CUP on December 1, 1996. The CUP allowed for the expansion of a country market that had already existed on the Property for some years. Nature of Violation Winchester 101 has only been cited once for violating the terms of the CUP. See minutes of June 6, 2018 Planning Commission meeting. The violation solely concerned the alleged operation of the country market after midnight in violation of Condition 97 of CUP. The single citation was dated April 2, 2018 and is attached for your reference (the "Citation"). Winchester 101 Provides a Valuable Service to the Community Winchester provides a valuable service to citizens of Frederick County. 1 cite several of the comments from July 27, 2018 Winchester Star entitled, `'Frederick Could Revoke Permit for Convenience Store": "1 just moved not too far from the gas station and enjoy the easy access for fueling up my vehicles, etc. [remainder of commit omitted] epassrnan, July 27, 2018 11:48 ❑ "... that store has like 5 neighbors. The store is doing way more good for Frederick County taxpayers than it is to armoy those few neighbors. [remainder of comment omitted] Steve Cunningham, July 27, 2018, 11:46 a.m. 4020 University Drive, Suite 30o, Fairfax, Virginia 22030 1 703.69i.1235 TEL I 703.69i.3913 Fax I www.sxLnwvn.COM BSX BlankffigshipKeitl?c Frederick County Planning Commission August 14, 2018 Page 2 ❑ "I live up off 259 and if I need something in the middle of the night, [I] have to go all the way to Winchester. [remainder of comment omitted] Hawkl, July 27, 2018, 10:26 a.m. ❑ "I live up off 259 and this store not being open 24 hrs causes me to have to run all the way into Winchester which is a PITA. [remainder of comment omitted] Hawk1, July 27, 201, 8:26 a.m. ❑ "Vikki Prea, the business' general manager, countered that operating 24 hours a day would be a convenience for customers and improve safety on a dark stretch of road. A lot of truth in that quote". Coachmilburn, July 27, 2018, 9:53 a.m. Winchester 101.'s Response to the Citation Winchester 101, thus, responded to the Citation by applying to amend the CUP to allow continued valuable service to the citizens and to improve safety on a dark stretch of road. Amendment of a conditional use permit is a valid and time-honored way of resolving zoning violation. Yet, the same YVinchester Star reported comments from one Board member at the July 25 hearing that application to amend the CUP was unfair: I don't like the idea that, I've been caught violating the rules. "Well I don't want to follow the rules, allow me to change the rules." McCarthy said. That's not fair to the neighbors. That's not fair to the residents of the county. And I don't like that. The Zoning Ordinance, however, gives landowners the absolute right to seek amendments to the conditional sue permits through the process set forth therein. That process is, indeed, eminently fair to the residents of the County precisely because advertised public hearings are required before the Planning Commission and the Board of Supervisors on the merits of the application. It is well - established in Virginia law, moreover, that the Board of Supervisors has great discretion to grant or deny an amendment to a CUP based on land use considerations. Board of Supervisors of Fairfax County v. Southland Corporation, 224 Va. 514, 522 (1982). Thus, application to amend a CUP to legalize a needed public service is fair to neighbors because the concerns of the neighbors will be addressed at advertised public hearings before the Planning Commission and Board of Supervisors and because of the great discretion the Board possesses to deny an application based on land use impact. 4816-3849-4817, v. 2 B,,__�_KB1"kings1,iPKeit1f Frederick County Planning Commission August 14, 2018 Page 3 The Board of Supervisors Rejects Winchester 101's Request for Deferral of Public Hearing to Address Complaints Apart from the Citation and Summarily Denies the Application without Winchester 101 or its Attorney Present It is most perplexing, therefore, that the Board of Supervisors rejected the Winchester 101's attached July 19, 20 t 8 request to defer the public hearing "to ensure that all site plan issues are resolved and to continue to work with neighbors". It is even more perplexing that the Board went on to deny the amendment application when neither the applicant nor its attorney had appeared because of the deferral request'. It appears from the video of proceedings that the reason for the denial was not related to the land use impact of the proposed amendment to extend hours, but rather out of a desire to revoke the permit altogether. As stated by another resident in response to the Winchester Star article: I'm all for following the rules, but I see nothing wrong with this business -owner asking to amend them either. If there is enough business to justify 24-hour opening, an (sic) there appears to be with Sheetz and others in this industry -why is it so offensive that they are asking to amend the CUP? What would be offensive is if the Board really entertains revoking the current CUP altogether. This business serves many residents of Frederick County and the many workers travelling to Frederick County from West Virginia" Scottshoemaker, July 27, 10:33 a.m. (emphasis added). It must be stressed again that the Citation is based solely on violation of Condition 47 relating to hours and that Winchester 101 has only "been cited once for violating hours of operation." See July 17 Staff Report for July 25 Board of Supervisors Meeting, page 5. In response to a question from a Board member at the July 25 hearing, Mr. Cheran stated that he is not aware of any other violations of the CUP, although he has received plenty of complaints over the years. Based on comments at the July 25 hearing, it appears that these complaints include road noise on Route 50, including trucks using jake breaks; excessive canopy lighting and the property being used as truck stop. ' In the experience of the undersigned requests for deferral of public hearings on land use applications are routinely honored for the purpose of addressing concerns of neighbors. Doing so makes common sense because it allows complaints to be resolved prior to the public hearing. It is perplexing that the Board of Supervisors did not follow this common practice this instance because Winchester 101 was in the process of addressing neighbor concerns. 4816-3849-4817, v. 2 B&K BlankingslupKeitt? Frederick County Planning Commission August 14, 2018 Page 4 The Board's Resolution Initiating Revocation Proceedings is Void Because it did not Comply with the Zoning Ordinance The Board of Supervisors' July 25, 2018 resolution initiating revocation of the CUP is void because it is based only on a single alleged violation of Condition #7. The Code only allows the Board to initiate revocation proceedings based on: B. Repeated or continued violations of this chapter, including violations of the conditions placed on the permit. (emphasis added). Zoning Ordinance § 165-103.08 (B). The failure of the Board of Supervisors to find that there were repeated or continuing zoning violations prior to passing its revocation ordinance renders this revocation proceeding void ab initio. Renkey v. County Board ofArlinglon County, 272 Va. 369, 375-76 (2006), (County's rezoning without complying with requirements of ordinance rendered action was arbitrary and capricious, and not fairly debatable, rendering rezoning void and of no effect). Therefore, the Planning Commissions should recommend to the Board of Supervisors that these revocation proceedings should be dismissed as void because the Board failed to comply with the requirements of its own ordinance, Winchester 101 has Nevertheless Continued to Address Complaints Notwithstanding the above, Winchester 101 has continued to address neighbor concerns consistent with its July 19, 2018 request for deferral.2 As shown by the attached photographs, Winchester 101 has placed shields on canopy lights, repaired the fence, installed landscaping, erected and enforced no -parking signs to prevent unauthorized parking of trucks and hired additional service to keep trash picked up and from being carried to neighboring properties. None of these issue are part of the Citation but Winchester 101 has continued to address them anyway in the spirit of a being a good neighbor.3 Winchester 101 has also redoubled its efforts to ensure closing at midnight, including the establishment of a closing protocol that starts at approximately 11:45 p.m. 2 At the July 25 Board of Supervisors hearing, Mr. Cheran stated to the Board the Winchester cominenced to address the neighbor concerns promptly upon learning of theirs. The rejected deferral request to amend the CUP to extend hours was to continue those efforts. 3 Winchester 101 is not empowered to address other complaints voiced at the July 25, 2018 hearing that led to the revocation resolution, such as noise on Route 50 including from jake breaks and increased traffic on Route 50 that has come with increase in population over the years. Winchester 101 has no control over Route 50 road noise. 4816-3849-4817, v, 2 NK BlankingshipKeitlf Frederick County Plani-dng Commission August 14, 2018 Page 5 At the July 25 Board hearing, Mr. Cheran stated that the usual practice is to work with a landowner who is attempting to address neighbor complaints rather than to initiate revocation proceedings. Mr. Cheran also stated that out of the 5 revocation cases listed on page 3 of the Menefee letter attached to the staff report, the Board only revoked a CUP in one of those cases and that, in this single case (Winchester Motor Services), the landowner did not seek an amendment to the CUP. Thus, the usual practice is use work with landowners to abate the violation through compliance or amendment of the permit while the unusual and rare case is to revoke the permit. Indeed, based on Mr. Cheran's testimony at the July 25 hearing, it appears unprecedented for the Board to revoke a permit where the landowner is working promptly and good faith to resolve complaints and has sought an amendment of the CUP to legalize the activity that is the basis for the violation. Winchester 101's Prompt Resolution of Complaints Militates in Favor of the Usual Practice of Abatement Rather than the Extraordinary Practice of Revocation This case calls for the customary manner of resolving complaints through abatement rather than the extraordinary path that the Board initiated in this case. Winchester 101 has acted promptly the complaints apart the Citation when it learned of them. Winchester 101 has also redoubled its efforts to abate instances exceeding allowable hours. In addition, any revocation of the CUP would be void because the Board did not find repeated continuing violations of Condition #7 before voting to initiate this revocation proceeding. Therefore, Winchester 101 urges the Planning Commission to recommend that the CUP not be revoked and that the Board reconsider its ordinance summarily denying the request for amendment of the CUP without Winchester or its attorney present. Sincerely, Gifford R. Hampshire GRH/KB Enclosures, as stated cc: Winchester 101, LLC, p13rakash890@aol.com Mark R. Cheran, Zoning Adminstrator, mcheran ,feva.us Roderick B. Williams, County Attorney, rwillia(a)fcva.us 4816-3849-4817, v. 2 COUNTY of PREDERICK Deparlrnent ofPhinning and Developrnew 540f 665-5651 Fax; 5401665-6395 CERTIFIED MAIL April 2, 2018 Winchester 101 LLC Attu: Timothy M. Purnell 9214 Center Street, Ste. 101 Manassas, Virginia 20110 RE: 4780 Northwestern Pike Property Identification Number (PIl'4): 40-A-66D Zoning District: RA (Rural Areas) Dear Mr. Purnell: This letter is to inform you, that this office has received complaints of the country store on the above -referenced property violating its required hours of operations. This property was approved for a county store via Conditional Use Permit (CUP) # 13-96, by Frederick County on December 11,1996. The Condition #7 of the CUP states hours of operation to be from 5 A.M to Midnight. The use of the store operating after midnight is a violation of the conditions placed on CUP #13-96. In accordance with Section 165-103.08 of the Frederick County Zoning Ordinance, the Board of Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the Conditional Use Permit. Conditional Use Permit #13-96 will be scheduled for revocation at the earliest public hearing (30 Days), due to violations of the conditions placed on the Conditional Use Permit. I have included a copy of the conditions placed on this Conditional Use Permit. You will receive further notice from this office regarding the time and location of this public hearing. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Marie & Cheran Zoning Administrator Enclosure MRClkgs 107 North lent Street, Suite 202 * Winche,4ter, Virginia 22 01-5000 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAR: 540/6784KB2 December 12,1996 Painter -Lewis, P.L.C. 302 S. Braddock Street Suite 200 Winchester, VA 22601 RE: CUP #013-% OF PAINTER LEWIS, P.L.C. FOR HOGUE.CREEK COUNTRY MARKET; PIN #40-A-66D "Dear W. Lewis: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 11,1996. Since you had withdrawn the portion of your application that requested an additional dwelling, no action was taken on that portion of the request. The Board of Supervisors approved the portion of your Conditional Use Permit, #013-96, to allow expansion of the market with the following conditions: 1. A site plan must be submitted and approved for the proposed addition prior to any construction activity, 2. Any future expansion of this facility or change in use will require a new conditional Vse permit. 3. All review agency comments and requirements must be complied with at all times. 4. At the time of site plan submittal, a buffer shall be considered along the property line of the adjoining residence which would reduce light pollution, sound pollution, and be able to catch blowing debris. 5. If an external speaker is used for the drive-in window, the volume must be controlled so it is not a noise nuisance to adjoining residences. 6. The required screening to the, east of the store site may be a dense low screen that would capture any blowing 'pa`per or debris that escapes from the market site. 7. The permitted hours of operation of the market will be from 5:00 AM to midnight. 107 North Kent Street • Winchester, Virginia 22601-5000 Hogue Creek Country Market CUP #013-96 Page 2 December 12,1996 If you have any questions regarding this action, please feel free to call this office. W. ayne Miller Zoning Administrator WWM/cc cc: Commissioner of Revenue Doug Owens, Hogue Creek Country Martoet Gifford Hampshire From: Gifford Hampshire Sent: Thursday, July 19, 2018 2:48 PM To: 'mcheran@fcva.us' Subject: RE: Mark Attachments: SKMBT_55218071913410.pdf Mark Here is the limited power of attorney. Will you confirm receipt of request for a deferral? Tx. giff From: Gifford Hampshire Sent: Thursday, July 19, 20181:54 PM To: mcheran@fcva.us Subject: RE: Mark Hello Mark I left you a voicemail as well. My client would like to request a deferral to ensure that all site plan issues are resolved and to continue to work with neighbors. Is this email sufficient? I will follow up with the power of attorney. Tx. Giff Hampshire. From: Gifford Hampshire Sent: Thursday, July 19, 20181:24 PM To:'mcheran@fcva.us' <mcheran@fcva.us> Subject: Mark Here is my email for sending me -the Patel information. 1 �4s Ai .... - MUCK I yy� I . , a Mr- , { -rl �i ;�� l i. �c� �� r�l\ : 4� � ,� .', � r —, _ * . '�_ ,E.:. '. , �.� — w _ , , �" � :a .. _ y. ,.. ,. _ _ �4A.. ��yC � 4„a.�i. � i�..F'�� i L,X .� _ i�� �lfri,'�i _.. � � _ _ ... _ - � w e _ .'._ - .. ,�,� -. .' ''�'x�. t iK� y + .. _ .l r ... ji� ��� a,_� .. ., � . '� . .. ���'� .. _ _ � � � _ � �._. _s .., .�_� - �. s ._.. e ., _ _ _ . .. � � � - ,.. ., .,. ,., ,. e .. .- _�_ .. _ . �� � � ,v .. ... _., - � e _ ., _ .�. .... � ... ._a - e .. ... � 1 is k , T.. I e OIL- 3 • , J f � '�' { , {, f ,f f f { III . �T �: - . • - y I E 1 ° ° _ �►� per 77 d» r� a, f - - .T� Yl-s �A -" er -.� , .F � S.� .ifs •+- -_ , Vim.. '-�-� • L � � T - _ - - � - ... � f �� �. 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'Y_ '� ifs a /� ' ORDINANCE Action: PLANNING COMMISSION: August 15, 2018 Recommended Approval BOARD OF SUPERVISORS: September 12, 2018 ORDINANCE REVOCATION - CONDITIONAL USE PERMIT #13-96 HOGUE CREEK COUNTRY MARKET WHEREAS, at the July 25, 2018 meeting of the Frederick County Board of Supervisors, the Board of Supervisors directed that CUP 413-96, Hogue Creek Country Market be presented to the Planning Commission and Board of Supervisors for potential revocation through the process, described in the Frederick County Zoning Ordinance for the revocation of a Conditional Use Permit (CUP); and WHEREAS, the Frederick County Planning Commission held a public hearing on this during their regular meeting on August 15, 2018 and recommended that CUP 413-96 not be revoked at this time; further, that Staff monitor the store for a minimum of 60 days; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this during their regular meeting on September 12, 2018; and, NOW, THEREFORE, BE IT ORDAINED that CUP 413-96, Hogue Creek Country Market is revoked at this time. Passed this 12th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Shannon G. Trout Robert W. Wells Gary A. Lofton Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes #31-18 1 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 RE: 2018 Comprehensive Plan Amendment (CPPA) Applications DATE: August 27, 2018 The Planning Department received two Comprehensive Plan Amendment (CPPA) requests by this year's June 1, 2018 deadline. The Comprehensive Plans and Programs Committee (CPPC) met on July 9, 2018 to discuss the applications. Please find below a summary of each applications, recommendation from the CPPC, comments from Frederick Water and a summary of the August joint work session: CPPA #02-18, for the Carter Tract — Sewer and Water Service Area (SWSA) Inclusion Request and Industrial Land Use Designation Request; Parcels 45-A-2, 45-A-7, 33-A-144 and 33-A-89. This is a request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 213.8 acres of land and to designate the site for industrial land uses. The properties are currently zoned RA (Rural Areas) and the Northeast Frederick Land Use Plan shows the properties as remaining rural. The properties are located north of the CSX Railroad, south of Brucetown Road, and east/adjacent to the Clearbrook quarry in the Stonewall Magisterial District. CPPC Recommendation: Consideration for further study Frederick Water: A new comment was issued by Frederick Water for the Carter Tract request dated August 27, 2018 (see attached). CPPA #03-18, for Wavery Farm — Sewer and Water Service Area (SWSA) Inclusion Request; Parcels 33-A-69, 33-A-70, 44-A-80 and 44-A-80A. This is a request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 145.50 acres of land; currently 51.36 acres of the site is within the SWSA. The properties are currently zoned RA (Rural Areas); however, the Northeast Frederick Land Use Plan designates these parcels for mixed use industrial/office and industrial uses. The properties are located south of Hopewell Road and west of Interstate 81, in the Stonewall Magisterial District. CPPC Recommendation: Consideration for further study 2018 Comprehensive 4 Plan Amendments August 27, 2018 Page 2 Comments from the August 15, 2018 Joint Work Session: A preliminary discussion for the two CPPA applications was held at the joint work session on August 15, 2018. Many of the comments received during the discussion focused on water and sewer availability for both requests. Due to the limited capacity for water and sewer in this area, there should be careful consideration of whether these requests should be moved forward. It was noted that while further study may be acceptable to gain additional information; however, if the County isn't in the position to serve these sites with water and sewer they shouldn't be considered. Additional capacity may be available in the future after the 2019 Frederick Water deadline comes. The ability to reduce the size of the current SWSA in order to add other areas was also discussed. Attached you will find the applications, maps showing the location of the proposals, maps showing the location of the proposals in the context of the Northeast Land Use Plan, comments from Frederick Water and information provided by the Applicants. Staff is ultimately seeking the Board's direction as to whether these CPPA's warrant further study and consideration. CEP/pd Attachments Item #1: 2018 Comprehensive Plan Amendments (CPPA) The Planning Department received two Comprehensive Plan Amendments (CPPA) requests by this year's June 1, 2018 deadline: CPPA #02-18, for the Carter Tract — Sewer and Water Service Area (SWSA) Inclusion Request and Industrial Land Use Designation Request; Parcels 45-A-2, 45-A-7, 33-A-144 and 33-A-89. This is a request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 213.8 acres of land and to designate the site for industrial land uses. The properties are currently zoned RA (Rural Areas) and the Northeast Frederick Land Use Plan shows the properties as remaining rural. The properties are located north of the CSX Railroad, south of Brucetown Road, and east/adjacent to the Clearbrook quarry in the Stonewall Magisterial District. CPPC Recommendation: Consideration for further study CPPA #03-18, for Wavery Farm — Sewer and Water Service Area (SWSA) Inclusion Request; Parcels 33-A-69, 33-A-70, 44-A-80 and 44-A-80A. This is a request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 145.50 acres of land; currently 51.36 acres of the site is within the SWSA. The properties are currently zoned RA (Rural Areas); however, the Northeast Frederick Land Use Plan designates these parcels for mixed use industrial/office and industrial uses. The properties are located south of Hopewell Road and west of Interstate 81, in the Stonewall Magisterial District. CPPC Recommendation: Consideration for further study The Comprehensive Plans and Programs Committee (CPPC) discussed these requests at their July 2018 meeting. The CPPC discussed the warrants of the requested amendments, transportation concerns for the site and the larger area of the Northeast Land Use Plan, water concerns, and the inclusion of properties adjacent to the requests. Ultimately the CPPC supported further study of the requests. Attached you will find the applications, maps showing the location of the proposals, maps showing the location of the proposals in the context of the Northeast Land Use Plan, comments from Frederick Water and information provided by the Applicants. Staff is ultimately seeking the Board's direction as to whether these CPPA's warrant further study and consideration. 315 Tasker Road Stephens City, Virginia 22655 4 FREDERICK WATER PH (540) 868-1061 Fax (540) 868-1429 www.Fredericl(Water.com Eric R. Lawrence Executive Director MEMORANDUM TO: Candice Perkins, Assistant Director, Frederick County Planning Department FROM: Eric R. Lawrence, Executive Director SUBJECT: 2018 Comprehensive Policy Plan Amendment Review — Carter Tract DATE: August 27, 2018 In response to the August 9, 2018 letter from Stowe Engineering (attached), and the meeting of August 23, 2018 attended by you, Mr. Stowe, Andy Wright, and me, I felt it appropriate to provide an updated review comment from Frederick Water in regards to the Carter Tract CPPA. Mr. Stowes' letter and our follow-up meeting provided an excellent opportunity to better understand the Carter Tract CPPA, its economic development potential, and associated demands for water and wastewater. Wastewater currently presents a challenge as the conveyance system in the vicinity of the Carter Tract has limited capacity. During our discussion, Mr. Stowe suggested that a Sewer and Water Service Area (SWSA) boundary adjustment resulting in no change to the total acreage of the SWSA in the vicinity of the Carter Tract be considered; essentially a "net -zero" SWSA boundary revision. This suggestion is appropriate, supported, and viable as the owner of the Carter Tract also owns extensive adjacent land holdings within the SWSA. For each acre that is added to the SWSA, a comparable acre could be removed. The net -zero SWSA results in minimal impact to other property owners within the SWSA who might be competing for the same limited wastewater system conveyance and treatment capacity. With Mr. Stowe clarifying that the anticipated use of the property would generate approximately 3,500 GPD (Gallons Per Day) of wastewater, it would appear accommodating Water At Your Service e ^ Page 2 2"d Comment on the 2018 Comprehensive Policy Plan Amendment Application for the Carter Property Candice Perkins August 27, 2018 that nominal amount of wastewater is feasible. We would request that any potential revisions to the Comprehensive Plan recognize the wastewater limitation, and only support development at this time on the Carter Tract for uses that generate less than 5,000 GPD of wastewater discharge. Frederick Water does support further study of the Carter Tract CPPA application, with consideration of a net -zero SWSA expansion and limiting uses within the expanded SWSA area to less than 5,000 GPD of wastewater discharge. Cc: Tim Stowe, Stowe Engineering Stonewall Magisterial District Supervisor Alh� FREDERICK 11*0 WATER 315 Tasker Road PH (540) 868-1061 Stephens City, Virginia 22655 Fax (540) 868-1429 www.FrederickWater.com MEMORANDUM Eric R. Lawrence Executive Director TO: Candice Perkins, Assistant Director, Frederick County Planning Department `. FROM: Eric R. Lawrence, Executive Director SUBJECT: 2018 Comprehensive Policy Plan Amendment Review DATE: June 12, 2018 Thank you for the opportunity to provide preliminary comments on the Comprehensive Policy Plan Amendment applications received for the 2018 application period. We understand that Frederick Water's preliminary comments will be shared with the Board of Supervisors and Planning Commission during their CPPA review joint work session later this summer. We welcome the opportunity to participate in a more thorough review of the applications once the Board decides if the application warrant further evaluation. Our preliminary comments: Waverly SWSA Expansion, Waverly Farm c% Michael Stiles — Sewer and Water Service Area (SWSA) Expansion Request; Parcels 33-A-69, 33-A-70, 44-A-80, and 44-A-80A. These properties are located in the southwest quadrant of 1-81 Exit 321, south of Hopewell Road. Frederick Water does presently provide water and sewer services to the VDOT Rest Area, located immediately south of the applicant's land areas, and the only service lines we have in the vicinity of the western side of 1-81. The service to the VDOT Rest Area has limited capacities available for use by other users. Water At Your Service 5 th a ID N.019 ANNIVERSARY 30EMEME1 Page 2 Preliminary Comments on the 2018 Comprehensive Policy Plan Amendment Applications Candice Perkins June 12, 2018 There is currently limited sewer conveyance capacity available in the vicinity of the subject parcels. The 2017 Sanitary Sewer Master Plan offers that as the area develops, effluent from the Northern Service Region would be conveyed to the Opecluon Water Reclamation Facility (OWRF) through a series of pump stations. The existing Route 11 North sewer system has available capacities reserved by property owners who funded the sewer infrastructure extension to Rest Church Road area over a decade ago, but the system does not currently have excess capacity available for additional land areas such as the subject properties. Sewer conveyance and treatment capacities are currently limited and warrant upgrades to meet long term planned development that is already captured in the current Sewer and Water Service Area (SWSA) boundary. Expansion of the SWSA will introduce additional demands for service and additional conveyance and treatment volumes, simply adding additional land area that will further share the limited existing conveyance and treatment capacities. FCSA does not support further study of the application without consideration of a much larger study area that could collectively contribute to infrastructure improvements that convey the study area sewage directly to the OWRF or to a new WWTP. A study of opportunities, and implementation of results, for expansion of wastewater treatment facilities would also be necessary. Carter Tract Industrial Land Use Designation and SWSA Expansion, O-N Minerals Company — Sewer and Water Service Area (SWSA) Expansion Request; Parcels 45-A-2, 45-A-8, and 33-A- 144. These properties are located east of the existing SWSA in the Clearbrook area, north of Gun Club Road and south of Brucetown Road. Frederick Water does not presently have water and sewer facilities in the vicinity of the Carter Tract. There is currently limited sewer conveyance capacity available in the vicinity of the subject parcels. The 2017 Sanitary Sewer Master Plan indicates that as the area develops, effluent from the Northern Service Region would be conveyed to the Opecluon Water Reclamation Facility (OWRF) through a series of pump stations. The existing Route 11 North sewer system has available capacities reserved by property owners who funded the sewer infrastructure extension to Rest Church Road area over a decade ago, but the system does not currently have excess capacity available for additional land areas such as the subject properties. Sewer Page 3 Preliminary Comments on the 2018 Comprehensive Policy Plan Amendment Applications Candice Perkins June 12, 2018 conveyance and treatment capacities are currently limited and warrant upgrades to meet long term planned development that is reflected in the current Sewer and Water Service Area (SWSA). Expansion of the SWSA will introduce additional demands for service, and additional conveyance and treatment capacities, essentially adding additional land area to further share the limited existing conveyance and treatment capacities. FCSA does not support further study of the application without consideration of a much larger study area that could collectively contribute to infrastructure improvements to convey the study area sewage directly to the OWRF or to a new WWTP. A study of opportunities for expansion of wastewater treatment facilities would also be important. CPPA #02-18 CARTER TRACT SEWER AND WATER SERVICE AREA (SWSA) INCLUSION REQUEST AND INDUSTRIAL LAND USE DESIGNATION REQUEST r1M Urban Development Area 4 SWSA Applications Parcels Eastern Road Plan -" \ # MajorArterial ^� Improved Major Arterial MinorArterial Improved Minor Arterial Major Collector Improved Major Collector 4" Minor Collector — ♦0 Improved Minor Collector Ramp Roundabout Trails Long Range Land Use Residential C. Neighborhood Village 7 Urban Center Mobile Home Community Business Highway Commercial ® Mixed -Use Mixed Use Commercial/Office ® Mixed Use Industrial/Office • Industrial Warehouse Heavy Industrial Extractive Mining C7 Commercial Rec ?rt1 Rural Community Center ® Fire & Rescue ® Sensitive Natural Areas ® Institutional Planned Unit Development Park Recreation School Employment Airport Support Area Q B2 / B3 Q Residential, 4 u/a Q High -Density Residential, 6 u/a Q High -Density Residential, 12-16 u/a QRural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources �i IW"M i; ''�� k ; 4 •i A' HOPEWELLRD BRUCE roWN RD 9 CPPA #02-18 Note: Frederick County Dept of Carter Tract Planning & Development PINS: 107 N Kent St e 45 - A - 2, portion of 33 - A - 144 and Suite 202 45 - A - 8 Winchester, VA 22601 Draft NELUP and SWSA Amendments 540 - 665 - 5651 Long Range Land Use Map Map Created: June 4, 2018 Staff: cperkins 0 0.175 0.35 0.7 Miles r1M j 01 Urbar SWS/ Applications Parcels Eastern Road Plan -0" % MajorArterial Improved Major Arterial MinorArterial Improved Minor Arterial 4" Major Collector Improved Major Collector r Minor Collector ^/ Improved Minor Collector ^� Ramp Roundabout t Trails Zoning B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) I W"M -4 ®lm «si HOPEWELL RD BRUCE roWN RD 9 CPPA #02-18 Note: Frederick County Dept of Carter Tract Planning & Development PINS: 107 N Kent St e 45 - A - 2, portion of 33 - A - 144 and Suite 202 45 - A - 8 Winchester, VA 22601 Draft NELUP and SWSA Amendments 540 - 665 - 5651 Zoning Map Map Created: June 4, 2018 Staff: cperkins 0 0.175 0.35 0.7 Miles Comprehensive Policy Plan Amendment Carter Tract Proposal Prepared by Tim Stowe STOWE ENGINEERING 103 Heath Court Winchester, VA 22602 �11 Vu Exit 323 -I Br 0 - . /I 14'r Brc#town cz� CARTEF LTRACT 3tephenso `�-- Scale: 1 2000' , IV�, do i� �.Y�r�ll •��p�rr'�� ub Ilk 740 ,. . Proposed proposed Industrial SWSA Land Use Adjustment a f Scale: 1" = 2000' Proposed Changes for Carter Tract Comprehensive Plan Amendment Proposal COMPREHENSIVE POLICY PLAN AMENDMENT INITIATION REQUEST FORM (Please type all information. The application will not be deemed complete unless all items listed below have been submitted.) A. Owner(s) Information: 1. Name: O-NMinerals (Chemstone) Company 2. Project Name: Project Ferrari 3. Mailing Address: O-NMinerals: 11 Stanwix Street— 21"floor, Pittsburgh, PA 15222 Attn: Kevin Whyte 4. Telephone Number: O-NMinerals: 412.995.5520 Authorized Agent Information: 1. Name: Tim Stowe, Stowe Engineering 2. Project Name: Project Ferrari 3. Mailing Address: 103 Heath Court Winchester, VA 22602 4. Telephone Number: 540.686.7373 B. Legal interest in the property affected or reason for the request: To facilitate industrial development on the property the owner would like to change thefutureland use to industrial on the parcel known as the Carter Tract. Thev would also like to have the Carter Tract included in the SWSA so water and sewer services will be available to support planned industrial use. A map showing the proposed changes is on the following paw C. Proposed Comprehensive Policy Plan amendment - please provide the following information. 1. FOR A MAP AMENDMENT a. PIN(s): , 45 A-2, portion of 45-A-8, portion of 33 A-144 Magisterial District: Stonewall b. Parcel size (approximate acres): 223.35 total; 213.8 in CPP amendment proposal 1 2035Comprehensive Plan Future Land Use Designations within 1 Mile Land Use Area (ac) Industrial 55 Park & Recreation 40 Extractive Mining 719 Rural/Agricultural Total 2721 3534 O �� •��� y .- t0 r7 � N r a i o i C � ma`s r�'/' • v, 1u i1 ` Proposed Proposed �"..,,•_+ r_� Industrial SWSA Land Use Adjustment Clarke County a y U ♦� � � Z Z V o5 a W U�r Z LuwLnD O U J V cai O W a w o Ra: Lan® a .,p Leaf Use Rural Cgnmungy fea:ei W 0 Lu Lu N Z W O Hnsneas LL 0 0 LL +nKed,uee d y ([] Nrad LLse CgmmercallG{ee 0 �] Hphway CommemWl �/ f{ YWrenwr� Mdustral (LL Nealy ,-InIual MIXed flee Inuu;tlial'l W:ce Eilracne MNmp Q Raadanval Planrvaa llntl rxaelupmenr ,t Maea L 9e Age ReSIn •C urban caner •Sa Noghhcmh.�d VNla®a Reb IDl Cammam�al ReoeA— ne t, 2o18 0 OP.,Space SCALE:I-= 2000' Nawxl Raao,r�e�a Ramaanoa Pa k H+a=nlg:t osn Cab F a Rowe CHECK D BY: TS msnwnonal ��llry� 9chuoi C. Plat of area proposed for CPPA amendment, including metes and bounds description. See the tab labeled "PLAT. " d. Existing Comprehensive Plan land use classification(s): The existing 2035 Comprehensive Plan shows no future land use designation on the Carter tracts. e. Proposed Comprehensive Plan land use classification(s): The proposed Comprehensive Plan land use designation for the two tracts is Industrial. £ Existing zoning and land use of the subject parcel: The existing zoning of the subject parcels is Rural Agricultural. There is a sin lie -family residence with a life estate on the nronerty near the CSX railroad and Gun Club Road. g. What use/zoning will be requested if amendment is approved? M-2 Industrial General District will be requested. h. Describe, using text and maps as necessary, the existing zoning, Comprehensive Policy Plan designations, and/or approved uses and densities along with other characteristics of properties that are within: • 1/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size; • '/2 mile if 21 - 100 acres in size; or • 1 mile if more than 100 acres in size. Note: Colored maps cannot be duplicated in the Planning Department. The major land uses and zoning surrounding the Carter tracts can be summarized as: Direction South Land UselZoning Large lot residential Zoning Rurol/Agricultural East Agricultural Rurol/Agricultural North Agriculture Extractive Mining & Rurol/Agricultural North West Parks & Recreation Rurol/Agricultural West Extractive Mining and Industrial Extractive Mining 2 A small area ofMH--1 mobile home zoning (4 ac) is located approximately 1-mile northeast of the property, and a small area ofM-1 manufacturing �(9 ac) is located south of the site. The site's terrain and mature tree cover provide natural buffers to visual and other impacts. The CSX railroad provides a man-made barrier that will keep the proposed industrial land use an appropriate distance from Gun Club Road and the homes to the south. Maps showing the existing conditions, Comprehensive Policv Plan future land use designations, and zoning as ofApril 2018 within I mile of the site are included on the following pages. 2035Comprehensive Plan 1 Future Land Use Designations within1Mile Land Use Area {ac) 1Al- �'�' .,. ' % Industrial 55`� , f �.l 7,4 f ` Park & Recreation 40 _ !,! - Extractive Mining 719 Exit Rural/Agricultural 2721 32-3 t Total 3534 ! co J 1 S `. CARTER TRACT ---� Clarke County i 'QL 3 W J_ Q U J a= az LnZ Lu = o 0 z �U�} W WFPz =yWD)o 0 W :) Lu F� 0 Q�U d z U � J � Q w W U J Q ral lr Lan® Kage Land use Rg2l Commgngy fen,ei Lu W z w C� H��sneks M aI 0 LL Cp N rad ux Canmarcai 161n.a N � Q Nghway eommemwl �m,mp MduWal LL y InEgnInIIu NIA IXesald flee eu;trlal'IOA:ce Edracne mAN Q Q Raaoanful Planry u,g rlmal ", ,t WO,d L 9e Age Reslntad •C urban caner •Sa NmghhcmhoOd Vala®a `� Recn:allon Comm®meal ReoeA— ne t, 2018 ut- 0 f]pery Space SCALE: = 20ddSHEET— Nawxl Raao�,oe�a Ramaanm, Pa k u+a=nl+:+osn Cab Fi'ek Rowe msnwnonal ��llr�� 9chuoi Summary of April 2035 Zoning Map Designations within 1 Mile Land Use Area (ac) M-1 9 MH-1 4 E M 770 Rural/Agricultural 2751 Total 3534 Exit 323' --- - -ai" EM Zoning CARTER TRACT 4jr 1 Zoning ,, 3 •� • w J_ RA oning i � U U - -- + �W~ i y 7 z W o ,....,1 Z v UM,n Pw.l.omxntnru awes iV v Clarke County t a ♦ r \i Px—d tnm nI0e.11li1 CO W I.nIn0 .r i 91 K.m.. 0n1n.P W W tN.um nrhaoe O W ZO i aI Iwn,�a xxa.... oinern N LL ZPrslldxwe. B EM (EX-1Y* Mxn11IMINIIno PlOITIN N V% 4M IE Ifth.f lou.eon 01mlm1 I MI awhl -.hla O-m) a Nrs il.tly.lx.l P.-r.i Pi.0) Q MM1 IMo9�1. Home Ocmmun"OWN-0 40"Mseuppml 0utP � em loma m.nxuexrme wrm n.lmwn,ml, n�.n.w c.mmuhuv onl�lal #� unrs..le.nuxi H.on.nwna enmmxmn Finnan 'LA IHuml ar.x 01.u"P nH Agricuhural A P—tal Own.ta l.l•lx Nia{M DATn} E: June 1. 2018 41P n ff, eld, SCALE: I- = 2000- BW I rne.n,X 1I,II191 f 6mhl, cnumh Blnem ,,W n.x aw CHECKED BY TS 4 Or.w�4Ml.x SHEET The name, mailing address, and parcel number of all property owners within 200 ft. of the subject parcel(s), with Adjacent Property Owners Affidavit (page 8). See the tab labeled "Ad7oiningProperty Owners" 2. FOR A TEXT AMENDMENT Purpose and intent of amendment. To recognize key intersections along Route 11 North and local roads associated with this land use change may need improvements prior to the Route 11 North mainline. b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. Chapter V Transportation, Needs Assessment, Route 11 North Corridor Widening Proposed new or revised text. Route 11 North Corridor Widening Modeling of the expected development along the Route 11 North corridor indicates a need for widening and access management to the entire corridor with the corridor to become 6 lanes to Cedar Hill Road and 4 lanes to the West Virginia State line. The most immediate need is to widen from Route 37 to Old Charlestown Road. Project timing may necessitate that intersections and local roads be improved prior to the Route 11 mainline improvements. Where practical, the use of rail should be encouraged to reduce truck traffic in the corridor. Note: Please attach and specify text changes with additions underlined and deletions crossed through. d. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. (reference is made to the corresponding section of the 2035 Comprehensive Plan) 4 Comprehensive Plan Section IV. Business Development, Introduction, Focus for the Future To encourage C & I uses to Frederick County has designated certain areas solely for these types of uses such as the Route 11 North corridor, Kernstown area, Round Hill, the Route 277 Triangle area, and in the vicinity of the Winchester Regional Airport. Future planning efforts will continue to identify opportunities to align land uses to promote business development. Policy Appropriateness - In response to this policy, the proposed Comprehensive Plan amendment will establish an additional 213.8 acre ofland for industrial development, therebv aligning land uses and business development opportunities. Comprehensive Plan Section IV. Business Development. Introduction, Community Benefits Adequate amounts of land must be planned for and designated for both Commercial and Industrial uses and residential developments. Striking a balance of these land uses and ensuring that the tax rates remain low and that services are available to support these initiatives will help make Frederick County an economic engine within the region. Policv Appropriateness - In response to this policv, the Carter Tract will be designated as industrial land. Its development as such will enable the county to better strike the desired balance between all land uses. GOAL: Develop a Strategy that Promotes the Expansion of Desirable Business and Industrial Land Uses. STRATEGIES: Frederick County Economic Development Authority (EDA) targeted industries: (as of February 2016): o Light Industrial o Pharmaceutical & Medicine Manufacturing, Scientific Research & Development, and Lab Services o Business Services o Retail The proposed land use and SWSA change will °further the goals, policies, obiectives and strategies set forth in the Comprehensive Plan by opening lands for industrial use adjacent to a neighboring industry and potential raw product supplier. The proposed changes are appropriate because they cluster development, encourage inter parcel movement of goods and services, provide access to an existing rail line for the movement of raw and finished products, and promote the overall expansion of industrial land uses in the County. Comprehensive Plan Section IV. Business Development, Office and Industrial, Community Benefits The continuation of a low residential tax rate is a direct result of the expansion of the commercial and industrial tax. Currently commercial and industrial tax revenue accounts for approximately 13% of the County's tax base. The County's goal indicates this should be around 25% to ensure a balanced fiscal environment. Tax revenue derived from the average single-family residence is approximately fifty percent of the cost of service provided for that same residence. The County's fiscal survival is dependent upon recruiting office and industrial occupants which offset those residential costs. The proposed land use and SWSA change designates an additional 213.8 acres ofland for industrial use, strengthening the county's financial position and offsetting residential costs. Additional community benefit was realized when O-N Minerals gave Frederick Water an easement almost 2000 feet long on the Carter Tract for Frederick Water's proposed raw water transmission line. GOAL: Identify and Recognize Areas in the County Most Strategically Suited for Office and Industrial Development STRATEGIES: • Complete review of area land use plans to ensure sufficient acreage is designated for office and industrial uses. • All infrastructure, such as voice and data fiber, electric, water, wastewater and natural gas, should be extended to areas identified for office and industrial uses and non -rural residential areas. • The rezoning process should be examined and streamlined as appropriate in order to encourage landowners of properties identified in Area Plans (see Appendix 1) to proceed with rezoning. The Carter Tract clearly meets this goal as it is well suited for industrial development. The property is adjacent to an existing rail line and is flanked by a gas transmission line and high capacity fiber optic lines. The property is a short distance from the Anderson Water Treatment plant, and wastewater can be pumped to the Frederick Water system. The property is also heavily wooded which will provide protections to the surrounding residences. Demonstrate how the proposal is internally consistent with other Comprehensive Policy Plan components that are not the subject of the amendment. The proposed land use will strengthen the county's financial position therebv enabling the county to better offset the impacts of residential land use costs. This amendment dovetails with the intent and direction of the 2035 Comprehensive Plan's Route 11 North recommendations and those for supportingexisting xisting industries. f What level of service impacts, if any, are associated with the request? The level ofservice impact associated with commercial and industrial development is transportation. Rail and inter parcel connectivity will offset highway impacts. This is a key item that will need to be addressed in anv rezoning 3. FOR ALL AMENDMENTS a. Justification of proposed Comprehensive Policy Plan amendment (provide attachments if necessary). Describe why the change to the Comprehensive Policy Plan is being proposed. This amendment is being proposed because the current owner see an opportunity to create new business opportunities while implementing key land use and financial goals of the Comprehensive Plan. It is their desire to see this area develop into a positive economic generator for the County. The presence of an existing rail, natural gas transmission, and high capacity fiber optic lines all make this site well suited to the proposed change. The adjacent limestone product supplier encourages inter - parcel connectivity. The owners will have to work with VDOT and the Frederick Water in order to proceed with a rezoning request. b. How would the resultant changes impact or benefit Frederick County. Consider, for example, transportation, economic development and public facilities. ■ Positive Impact #1 - The economic benefits to Frederick County through real estate, business property, and Machiner;y & Tools revenue without the offsetting costs typically associated with residential development. ■ Positive Impact #2 - The development costs of this land has either been or will be absorbed by the owner. ■ Positive Impact #3 - The existing infrastructure on the site makes it highly attractive to potential industrial users and has been installed by the utiliiy owner. ■ Positive Impact #4 - The site has direct rail access to the CSX mainline track with regular service, thus potentiallv reducing truck traffrc. ■ Positive Impact #S - The location of this property is in the targeted commercial/industrial growth area. ■ Positive Impact #S - Impacts on neighbors will be minimal due to the remote nature of the site, its terrain, its heavy tree cover, and its distance from residences. ■ Positive Impact #6Access to the site will be provided via the existing Carmeuse commercial entrance on Brucetown Road, and private internal roads. ■ Positive Impact #7 - This site provides a great opportunity to bring more good payingiobs in Frederick County. ■ Negative Impact - While the use of rail and inter parcel connectivity will be advocated to reduce new traffrc and eliminate some existing traffic, there is still the potential for some congestion at the intersection of Route 11 and HopewelllBrucetown Roads. Other information may be required by the Director of Planning, the Planning Commission, or Board of County Supervisors during the review of the initiation request. The applicant will be notified, in writing, if additional information is required. All applications must also contain the following items: 1. Special Limited Power of Attorney Affidavit (see page 9 if parcels of land are involved). 2. Non -Refundable Application Review Fee of $3,000 (payable to the Frederick County Treasurer). Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action strategies which are applicable to individual Comprehensive Policy Plan amendment requests. 0 Signatures: I (we), the undersigned, do hereby respectfully make application to and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. 1(we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner(s): Date: Applicant(s): �� �(ifJ`fL Date: 5/30/18 I Adjacent Property Owner Listing Property Owners within 200 ft. of the Carter Tract Listing compiled on 5/24/18 PIN Owner's Name Owner's Name (cont.) Owner's Address City State Mailing ZIP 45 A 1 FREDERICK LAND COMPANY LLC 893 CLUBHOUSE RD YORK PA 17403 44 A 109A BOHNENKAMP GARY A 214 LITTLER LN STEPHENSON VA 22656 45 A 2 O-N MINERALS (CHEMSTONE) COMPANY ATTN: TAX DEPT 11 STANWIX ST FL 21 PITTSBURGH PA 15222 44 A 100 MANNIX HOLDINGS LLC 1419 RAMSEUR LN WINCHESTER VA 22601 44 A 101 KELLEY TIMOTHY PATRICK KELLEY MARIA N 5926 WIGTON DR HOUSTON TX 77096 44 A 102 KELLEY TIMOTHY PATRICK KELLEY MARIA N 5926 WIGTON DR HOUSTON TX 77096 44 A 108A RUDOLPH ESTEN 0 III PO BOX 87 STEPHENSON VA 22656 44 A 108C RUDOLPH ESTEN 0 III RUDOLPH DEBORAH L PO BOX 87 STEPHENSON VA 22656 45 A 8D TALADA DONALD D TRUSTEE TALADA CYNTHIA C TRUSTEE 223 SLATE LN STEPHENSON VA 22656 45 A 8B FIDDLER MAT -FIE L 227 SLATE LN STEPHENSON VA 22656 45 A 8A FIDDLER THOMAS L FIDDLER BARBARAJ 233 SLATE LN STEPHENSON VA 22656 45 A 10U MILLER KATHLEEN C 2431 WARD RD WAYLAND NY 14572 45 A 6 ORNDOFF WILLIAM A 739 SLATE LN STEPHENSON VA 22656 45 A 3 SFARNAS STEVEN J PO BOX 224 STEPHENSON VA 22656 45 A 4 LANDRY JENNIFER H LANDRY AUSTIN S 445 SLATE LN STEPHENSON VA 22656 45 A 8 O-N MINERALS (CHEMSTONE) COMPANY ATTN: TAX DEPT 11 STANWIX ST FL 21 PITTSBURGH PA 15222 33 A 144 O-N MINERALS (CHEMSTONE) COMPANY ATTN: TAX DEPT 11 STANWIX ST FL 21 PITTSBURGH PA 15222 44 A 109B HOBBS CHARLES R HOBBS TOMMIE J 212 LITTLER LN STEPHENSON VA 22656 A, RMOTH IN_ CMF PIN 33-A-744 PIN 45-A-7 �83°23'23" E 1509 06' O-N MINERALS I EREDERICK LAND COMPANY LC (CHEMSTONE) COMPANY INST 040026540 - — INST, 100006059 ZONED: EM INST, IJ0012632 ZONED: EM m I PIN 45-A-2 o I 20.2503 ACRES IRE S86°39'06"E 698.16' INST. 130011149 CMF o ZONED: RA _ _ z "ti IRF J S86005'00"E '136.53' ry PORTION OF � y� PIN 33-A-144 �0 IRS S 85"REE E 72073T 6.0511 ACRES TRACT WP 11 DB 934 PG 1838 SN UNE ZONED: RA , I I.� � SPq PGN s �Oqo so MINERALS (CHEMSTONE) d/b/a CARMEUSE LIME & STONE COMPOSITE AREA = 213 PORTION OF PIN 45-A-8 187.4983 ACRES INST.130011749 ZONED: RA NOTES: 1. NO TITLE REPORT FURNISHED; THEREFORE, EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT F(y R SHOWN HEREON. 74�"'b 2. BOUNDARY INFORMATION SHOWN IS BASED ON A FIELD SURVEY COMPLETED DURING APRIUMAY, 2018. ✓J 3. THE PROPERTIES SHOWN HEREON AREA COMPOSITE OF THE FOLLOWING PARCELS OR TRACTS: TAX PARCEL PIN 45-A-2 [20.2503 ACRES] b. A PORTION OF TAX PARCEL PIN 45-A-8 [187.4973 ACRES] SITUATED ON THE NORTH SIDE OF THE CSX RAILROAD C. A PORTION OF TAX PARCEL PIN 33-A-144 [6.0511 ACRES] THAT WAS ACQUIRED BY BOUNDARY LINE ADJUSTMENT WITH ADJACENT MANNIX HOLDINGS, LLC LAND TAX PARCEL PIN 44-A-100. 4. THE COMPOSITE BOUNDARY SHOWN HEREON IS FOR THE PURPOSE OF DETERMINING THE PERIMETER BOUNDARIES OF THE SUBJECT PARCELS, AND THERE ARE PHYSICAL IMPROVEMENTS ON THE PROPERTY THAT ARE NOT SHOWN. 300 0 300 600 SCALE: 1" = 300' -EX 10' TEMPORARY CONSTRUCTION ESM'T EACH SIDE INST, 180004044 EX 20' PERMANENT p ER UTY K WATER UT/L/TY EASEMENT .� INST 780004044 (MILE POST 25) PIN 45-A-3 SD -DEN d SEARNA 5 INST 010009757 ZONED' RA I I h PIN 45-A-6 WITMY A. ORNDOEE INST, 050013519 ZONED: RA IRF I 0 I of / 'I I IN PIN 45-A-4 — AUSTIN SHA ENE & JSROSTER HENSLEY LANDRY INST 010009812 IZONED: RA LINE TABLE LINE BEARING DISTANCE Li N 70°51'41"W 74.34' L2 N 34°44'43" E 5.00' L3 S 34°44'43"W 5.00' L4 S 01 °46'21" W 90.99' LS N 72°04'02"W 115.15' L6 N 76°04'17"W 208.00' CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 1452.69' 30.49' 30.49' N 55°51'08" W 01°1209" 12 1392.69' 411.14' 414.99' N 63-49'23" W 17°0812" C3 1402.69' 90.09' 90.08' 1 N 74°13'53" W 3°40'48" ITH Op Yr LEGEND CMF CONCRETE MONUMENT FOUND IRF IRON ROD FOUND U > IRS I IRON ROD SET W. Marsh SP SET STONE FOUND Lic. No. 001843 WP WOODEN POST 51Z2 /B 1I� c C- °Nu WP @ 13.06' CPPA #03-18 WAVERLY FARM SEWER AND WATER SERVICE AREA (SWSA) INCLUSION REQUEST LN I Urban Development Area SWSA Applications Parcels Eastern Road Plan MajorArterial Improved Major Arterial MinorArterial Improved Minor Arterial 4; Major Collector Improved Major Collector Minor Collector Improved Minor Collector ^� Ramp Roundabout Trails Long Range Land Use Residential Neighborhood Village <75) Urban Center Mobile Home Community Business Highway Commercial ® Mixed -Use ® Mixed Use Commercial/Office ® Mixed Use Industrial/Office • Industrial Warehouse Heavy Industrial ® Extractive Mining Commercial Rec ?rt1 Rural Community Center ® Fire & Rescue ® Sensitive Natural Areas ® Institutional Planned Unit Development Park Recreation School Employment Airport Support Area B2 / B3 Q Residential, 4 u/a High -Density Residential, 6 u/a ® High -Density Residential, 12-16 u/a QRural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources v 11 ,y r : ✓tC �E�qR HIS O J YARDMASTER CT P ` 11 CPPA #03-18 Note: Frederick County Dept of Waverly Farm Planning & Development PINS: 107 N Kent St e 33 - A - 69, 33 - A - 70, 44 - A - 80, 44 - A - 80A u ite 202 Draft SWSA Amendment Winchester, VA 22601 Long Range Land Use Map 540 - 665 - 5651 Map Created: June 5, 2018 Staff: cperkins 0 0.125 0.25 0.5 Miles Urban Development Area SWSA Applications Parcels Eastern Road Plan Ow % MajorArterial Improved Major Arterial MinorArterial — ♦# Improved Minor Arterial e % * Major Collector — ♦0 Improved Major Collector 40, % Minor Collector ^O Improved Minor Collector ^� Ramp Roundabout t Trails Zoning B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) HOPEWELL RD cs� N 'O 11 CPPA #03-18 Note: Frederick County Dept of Waverly Farm Planning & Development PINS: 107 N Kent St e 33 - A - 69, 33 - A - 70, 44 - A - 80, 44 - A - 80ASuite 202 Draft SWSA Amendment Winchester, VA 22601 Zoning Map 540 - 665 - 5651 Map Created: June 5, 2018 Staff: cperkins 0 0.125 0.25 0.5 Miles WAVERLY FARM SWSA EXPANSION 2018 COMPREHENSIVE POLICY PLAN AMENDMENT June 1, 2018 TM #33-A-69; 33-A-70; 44-A-80 & 44-A-80A Stonewall Magisterial District Frederick County, Virginia Current Owner: Waverly Farm c/o C. Michael Stiles Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 COMPREHENSIVE POLICY PLAN AMENDMENT 2018 INITIATION REQUEST FORM Owner(s) Information: Name: Waverly Farm c/o C. Michael Stiles Project Name: Waverly Farm Sewer & Water Service Area Expansion MailingAddress: 461 Waverly Road Clear Brook, VA 22624 Telephone Number: (540) 667-8061 Authorized Agent Information: Name: Greenway Engineering, Inc. — Attn. Evan Wyatt, Director of Land Planning Project Name: Waverly Farm Sewer & Water Service Area Expansion MailingAddress: 151 Windy Hill Lane Winchester, VA 22602 Telephone Number: (540) 662-4185 Legal Interest in the Property Affected or Reason for the Request: Legallnterest: Waverly Farm c/o C. Michael Stiles Reason for Request: The Frederick County Northeast Frederick Land Use Plan recommends commercial, mixed office and industrial, and industrial land use for parcels located in the southwestern quadrant of I-81 Exit 321. This quadrant consists of an assortment of parcels totaling approximately 425 acres. Waverly Farm comprises approximately 46% of the land area within this quadrant, of which 51.4± acres are currently within the Sewer and Water Service Area (SWSA) and 145.5± acres are adjacent to the SWSA. Waverly Farm is petitioning Frederick County to include the remaining acreage within the SWSA. SECTION 1 — FOR A MAP AMENDMENT Proposed Comprehensive Policy Plan Amendment Information: PIN s : Waverly Farm: Tax Map Nos. 33-A-69, 33-A-70, 44-A-80, 44-A-80A Project #4915WG/CPPA Amendment 1 June 1, 2018 Magisterial District: Stonewall District Parcel Size LaMroximate acres The subject parcels specific to Waverly Farm (Tax Map Nos. 33-A-69, 33-A-70, 44-A-80, 44-A- 80A) are approximately 196.86± acres in total size, of which 51.36± acres are currently within the Sewer and Water Service Area (SWSA) and 145.50± acres are adjacent to the SWSA. Plat of area proposed for CPPA amendment, including metes and bounds description: Please refer to the recorded Instruments for Waverly Farm that provide the legal descriptions for the subject properties as follows: Instrument No. 060014297 Instrument No. 080003456 Instrument No. 060002447 Instrument No. 050029700 Tax Map Parcel 33-A-69 Tax Map Parcel 33-A-70 Tax Map Parcel 44-A-80 Tax Map Parcel 44-A-80A ExistiLig Comprehensive Plan Land Use Classi zcation(s): Mixed Use Industrial/Office & Industrial Proposed Comprehensive Plan Land Use Classification(s): Mixed Use Industrial/Office & Industrial Note: The proposed request to expand the Sewer and Water Service Area (SWSA) to incorporate the 145.5± acre portion of Waverly Farm that is adjacent to the SWSA boundary does not modify the future land use designations previously adopted by the Board of Supervisors. Existing and Land Use of the Subiect Parcel: The subject properties owned by Waverly Farm that are located partially within and partially outside of the Sewer and Water Service Area are zoned RA, Rural Areas District and are used primarily for agricultural and residential purposes. What Use/Zoning will be requested ifAmendment is yMrovedl The subject properties owned by Waverly Farm that are located partially within and partially outside of the Sewer and Water Service Area would maintain the Mixed Use Industrial/Office and Project #4915WG/CPPA Amendment 2 June 1, 2018 Industrial future land use designations adopted by the Board of Supervisors. Future rezoning requests would comply with the recommendations of the Northeast Frederick Land Use Plan, which could include M-1, District and OM District zonings depending on the specific development plans for the 196.86± acre area. Describe, using Text and Maps as Necessary, the Existing Zoning, Comprehensive Policy Plan Designations, and/orAproved Uses and Densities Along with Other Characteristics o Properties that are Within 1 Mile from the Parcel(s) Perimeter if the Parcel is More than 100 acres in Size: Please refer to the attached Zoning Map 1-Mile Radius Exhibit that identifies the various properties that meet this distance criteria. The following information describes existing and future land use characteristics within this radius boundary: ➢ Properties to the north of Waverly Farm located on the west side of Interstate 81 are zoned RA, Rural Areas District, B-2, Business General District, B-3, Industrial Transition District and M-1, Light Industrial District. Properties to the north of Waverly Farm located on the east side of Interstate 81 are zoned RA, Rural Areas District, B-3, Industrial Transition District and EM, Extractive Manufacturing District. The Frederick County Northeast Frederick Land Use Plan recommends future Business and Industrial Land Use for properties to the north of Waverly Farm that are within the SWSA, and Rural Areas Land Use for properties to the north of Waverly Farm that are outside of the SWSA. ➢ Properties to the south of Waverly Farm located on the west side of Interstate 81 are zoned RA, Rural Areas District. Properties to the south of Waverly Farm located on the east side of Interstate 81 are zoned RA, Rural Areas District, RP, Residential Performance District, MH-1, Mobile Home Community District, B-2, Business General District, B-3, Industrial Transition District, OM, Office -Manufacturing District, M-1, Light Industrial District, and M-2, Industrial General District. The Frederick County Northeast Frederick Land Use Plan recommends future Business and Industrial Land Use for properties to the south of Waverly Farm that are within and outside of the SWSA. ➢ Properties to the east of Waverly Farm located on the east side of Interstate 81 are zoned RA, Rural Areas District, B-2, Business General District, B-3, Industrial Transition District and EM, Extractive Manufacturing District. The Frederick County Northeast Frederick Land Use Plan recommends future Business, Industrial, and Extractive Mining Land Use for properties to the east of Waverly Farm that are within and outside of the SWSA. Project #4915WG/CPPA Amendment 3 June 1, 2018 ➢ Properties to the west of Waverly Farm located on the west side of Interstate 81 are zoned RA, Rural Areas District. The Frederick County Northeast Frederick Land Use Plan recommends future Office - Manufacturing, Industrial, and Rural Areas Land Use for properties to the west of Waverly Farm that are outside of the SWSA. The Name, MaihWAddress, andParcel Number o all Property Owners Within 200'of the Subject Parcel(s), with Adjacent Property Owners Afldavit: Please refer to the attached Adjoining Property Owner Map Exhibit and Adjoining Property Owner Table Exhibit that provides the location and applicable contact information for all properties within 200' of the subject properties. SECTION 2 — FOR A TEXT AMENDMENT The Waverly Farm Sewer & Water Service Area Expansion Amendment does not propose to incorporate a Text Amendment for consideration by the Board of Supervisors. SECTION 3 — FOR ALL AMENDMENTS Justification of Proposed Comprehensive Policy Plan Amendment (Provide Attachments if Necessary). Describe why the Change to the Comprehensive Policy Plan is Being Proposed: The Frederick County Northeast Frederick Land Use Plan recommends commercial, mixed office and industrial, and industrial land use for parcels located in the southwestern quadrant of I-81 Exit 321. This quadrant consists of an assortment of parcels totaling approximately 425 acres. Waverly Farm comprises approximately 46% of the land area within this quadrant, of which 51.4± acres are currently within the Sewer and Water Service Area (SWSA) and 145.5± acres are adjacent to the SWSA. The Northeast Frederick Land Use Plan recommends mixed office and industrial, and industrial land use development for the Waverly Farm subject properties. Frederick County Policy requires properties to be located with the SWSA as a condition of being developed with public water and sewer service. Inclusion of properties within the SWSA is required as the first step in the future land use development process in order to proceed with future rezoning, master development plan and site plan processes. The Waverly Farm SWSA Expansion Amendment includes an evaluation of the existing and proposed water and sewer to determine operational issues and needs required for the 425-acre quadrant area. Complete copies of these reports have been provided to Frederick Water and the Planning Department for review. Project #4915WG/CPPA Amendment 4 June 1, 2018 How would the Resultant Changes Impact or Benefit Frederick County? Consider, for example, Transportation, Economic Development and Public Facilities: The Waverly Farm 196.86± acre area is projected to yield 1,110,000 SF of light industrial and warehouse land use and 125,000 SF of office land use specific to the anticipated developable area within the subject properties. The projected land uses are consistent with the recommendations of the Frederick County Northeast Frederick Land Use Plan, which identifies Waverly Farm for future economic development land use. The following information identifies impacts and benefits to Frederick County for future economic development land use consistent with the Comprehensive Policy Plan. Transportation The following table provides projected traffic generation rates specific to the anticipated developable area of the Waverly Farm properties. The projected traffic generation rates assume 1,110,000 SF of industrial land use and 125,000 SF of office land use. The values used from this projection were obtained from the Institute of Traffic Engineers (ITE) Trip Generation Manual, 9th Edition, which is the source currently utilized by VDOT and Frederick County for transportation impact analysis. The values used for industrial land use are an average of the ITE for light industrial and warehouse land use. Weekday Average Daily Traffic Volume Projections Land Use ITE ADT Rate Unit Numbers Totals Industrial 110/150 5.26/1,000 SF 1,110,000 SF 5,838 ADT Office 710 11.03/1,000 SF 125,000 SF 1,379 ADT The Frederick County Northeast Frederick Land Use Plan identifies a new major collector road system that provides access for future economic development land use throughout the limits of the Waverly Farm subject properties to Hopewell Road (Route 672). The development of future economic development land use would incorporate the new major collector as a component of the Master Development Plan. Project #4915WG/CPPA Amendment 5 June 1, 2018 Economic Development The Northeast Frederick Land Use Plan recommends mixed office and industrial, and industrial land use development for the Waverly Farm subject properties. The future development of these land uses will provide economic development benefit to Frederick County in tax revenues and employment opportunities for residents of the community. These tax revenues will provide a benefit to Frederick County to off -set fiscal impacts specific to residential land use within the community. Water and Sewer Capacities The Waverly Farm SWSA Expansion Amendment includes an evaluation of the existing and proposed water and sewer systems to determine operational issues and needs required for the 425- acre quadrant area. It is anticipated the development of the 425-acre area consistent with the land uses recommended by Frederick County Northeast Frederick Land Use Plan will require an eventual water and sewer capacity of 322,233 GPD at buildout. Complete copies of these reports have been provided to Frederick Water and the Planning Department for review in support of the Waverly Farm SWSA Expansion Amendment. Public Schools The Waverly Farm Sewer & Water Service Area Expansion Amendment will not impact Frederick County Public Schools Services. Economic Development opportunities specific to the Waverly Farm Sewer & Water Service Area Expansion Amendment will provide revenue to Frederick County in support of local government services. Fire and Rescue The development of land uses recommended by Frederick County Northeast Frederick Land Use Plan will create an impact to County Fire and Rescue Services. It is anticipated that future rezoning applications specific to the Waverly Farm Sewer & Water Service Area Expansion Amendment will include monetary contributions calculated on the amount of structural square footage that is developed within the subject properties to assist in the mitigation of this impact. Parks and Recreation The Waverly Farm Sewer & Water Service Area Expansion Amendment will not impact Frederick County Parks and Recreation Services. Economic Development opportunities specific to the Waverly Farm Sewer & Water Service Area Expansion Amendment will provide revenue to Frederick County in support of local government services. Project #4915WG/CPPA Amendment 6 June 1, 2018 2018 Comprehensive Policy Plan Application Information Application Signatures Page Subject Property Owners Affidavit Special Limited Power of Attorney Signature Pages Comprehensive Policy Plan Amendment Application Fee Adjoining Property Owner Map & Table Exhibits Signatures: I (we), the undersigned, do hereby respectfully make application to and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: Z 51 1 b Owner(s): Date: Attachment 1 (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick Planning Web Site: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Dent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 STATE OF VIRGINIA COUNTY OF FREDERICK This '3 1' (Day) day of M Ly , z®I 5 (Month) (Year) (Owner/Contract Pur baser{ hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. (Owner/Copt act Purch ser upri t zed Agent (circle one COMMONWEALTH OF VIRGINIA: County of To &'f 1 C h Subscribed and sworn to before me this _�_ day of in my uounty anct y t e forenamed Principal. NOTARY PUBLIC REG. #7754086 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY 31. 2021 N ARY XJBLIC My Commission expires: Attachment 2 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) 1N'av��r � G j©_ C • tj rG4l�L -z-rT'1 L.s =' (Phone) 54-0 533 1 l93 (Address) 44, 1 WAyozj_ Rom CLA, ad1Cj:% N/�_ 2 Z(o the owner(s) of all those tractsdr parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 0 (o (gip t !q= 2f j on Page ,and is described as Parcel: 33 Lot: A Block: � Section: Subdivision: do hereby make, constitute and appoint: (Name) 1 o c_ . (Phone) S4a U � - Sd a (Address) 151 Wlt,4 a� 1-i %,UL l_��, �.►c.Hr2 Y� ZZIooZ To act as my true and lawfAl attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) _ Conditional Use Permit _ Master Development Plan (Preliminary and Final) _ Subdivision _ Site Plan Comprehensi orve Policy Plan Amendment _ ppea ariance My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof I (we) have hereto set m our) hand and seal this °; day off ' , 20 J , Signature(s) RAYNA Y. FLYTHE NOTARY PUBLIC REG. #7764086 u« SAY COMMISSION W State of Virginia, City/County of T rry &6 ` , To -wit: MAY 31, 2021 I, F( e a Notary Public in and for the jurisdiction aforesaid, certiq that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this Z_ day of (Y (, 20 I . �-XQA)krk A My Commission Expires: Notary Publi 10 Attachment 2 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Wr}v.L r'ruzm r C • M,c, w� Sri !,� (Phone) Cj'1 �3" —1 19'� (Address) 4-to I WAvevj- (�a� %-�� e c,K . VA ZZto 7 the owner(s) of all those tracts br parcels of land ("Property") conveyed to me (us), Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. O b oop 34 Stc, on Page , and is described as Parcel: ILot: Block: Section: Subdivision: do hereby make, constitute and appoint: deed recorded in the (Name) &�^N t,SA EW r iG - (Phone) (�iL� (Address) I S I W 1,4 o� 14WI a — N/ Z(.0 To act as my true and lawtul. attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) _ Conditional Use Permit Master Development Plan (Preliminary and Final) _ Subdivision _ Site Pan. -- Com rehensive Policy Plan Amendment _ Appeal or Variance My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereofO I (we) have hereto set m ourhand and seal this day of �20 I � , Signature(s) State of Virginia, City/County of Rpd-eoa- , To -wit: h I, I ('11 we' , a Notary Public in and for the jurisdiction aforesaid, certi6 that the person ) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this L day of , 20_ff My Commission Expires: i Notary Public RAYNA Y. FLYTHE NOTARY PUBLIC REG. #7764086 • COMMONWEALTH OF VIRGINIA AAY COMMISSION EXPIRES MAY 31, 2021 10 Attachment 2 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) -_ IAVE RLy C/Q C • M�cu �Ssiu�S (Phone) _k!j�o) 533 - 1193 (Address) +(o, I W4,jCML.:.j-6eL( the owner(s) of all those tracts or parcels of land ("Property") c Clerk's Office of the Circuit Court of the County of Frederick, mveyed to me (us), by deed recorded in the Virginia, by on Page , and is described as Parcel: Lot PBlock: Section: Subdivision: do hereby make, constitute and appoint: (Name) _RCt1+'�.a �tcy �►a c _ (Phone) 540 (Address) 151 g 14„ - LAr4C WL cil -;IZ Y( 2.210©Z To act as my true and lav&I attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) _ Subdivision _ Site Plan om rehensive Polic Plan Amendment Appeal or Variance My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set your} hand and seal this ', day of i „ 20 Signature(s) RAYNA Y. FLYTHE NOTARY PUBLIC COMMONWEALTH OF VIRGIN COMMISSION EXPIRES State of Virginia, City/County of �( , To -wit: MY MAY 31, 2021 I, 6A t19L I VLq4h4e, , a Notary Public in and for the jurisdiction aforesaid, certify that the persons) ho signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this A day of 1 ,' < , 20 . My Commission Expires: ;.'- J, Notary 15'ublfc 10 Attachment 2 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) W4v jEpj,- j z , /c C. 1`1, � -� Sr � �x-� (Phone) 5pS33 f I (Address) 4r. I v,/Ay�py ROA.N CLC04e &ZOK Y z, the owner(s) of all those tracts r parcels of land ("Property") conveyed to me (us , by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 0,6 on Page and is described as Parcel: Lot: J Block:'= Section: Subdivision: do hereby make, constitute and appoint: (Name) _C�rzc a uCN� -r „�t� I N c . -(Phone) ( . 4LL (.GZ - 41 (Address) I S71 a� �� �w. •ice t 1 C's Ztoa To act as my true and lawfbl attorney -in -fact for and in my (our) naive, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) _ Conditional Use Permit _ Master Development Plan (Preliminary and Final) _ Subdivision _ Sit Comprehensive Policy Plan Amendment _ ppea or ariance My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: .L1116 aumurizauon snail expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof I (we) have hereto set (our) hand and seal this _ day of ; C' 20 , Signature(s)- 9 RAYNA Y. FLYTHE �/1�,p� REG. #7754086 State of Virginia, City/County of � r`�-u'�tsk- , To -wit: d COMMONWEALTH OF VIRGI IA MY COMMISSION EXPIRES MAY 31, 2021 C C• , a Notary Public in Fntl TZ5f Tie jurisoiction aforesaid, certi that the person(s) w o signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this°l day of , 20_ My Commission Expires:` Notary Pub is 10 A Legend Waverly Farm/Stiles Property OA: 33 A 69 OB:33 A 70 OD: 44 A 80A - Parcel Boundary Feet , 600 0 600 Map Data Source: Frederick County, Va. GIS Department, 2018 Data. Frederick County Aerial 2017 z E Z fY r z w z w Q m_ x J w a � J � >a > aw 0 �> Q to z LU w w x a w a 0 Lu 0 m Uo < z _ F- Z x In w 0 C0 0 G_ w g > > G' > rn > U) = W O Q O0 w > Q Y LLU J a LL Q Q Ww I coa z D' a O tL d L w Q Q U U m a E dl e w W =Q mm t HE , a 1'� ��--•....;�.� / I co y ins E p exR /eoJ Nope� C eto I \ < V —/ �z a Q Z \ 672 7 H O Z y yd z Lil 0 o- 672 i K 33 A 89 / F I �JI I Di' L � C � LU M 01 Q- CO // Jro .��111 W N 33 A 70 44 A 80 a��aaG" �� O' Q H t 0 ' \ 44 A 80A \ \ X �_ LWO C1 74s H LU F a/VO O 0 lL 0 O 661 i 33 A 89 rs ae y�� D� O Z Z R B1 Al cw�°�% y0 0-0 2 _\�op� Q W Z H_ Z Far srZ �� J V Y Rd 0 � lY j Z / lY 2 U) �G" � r W U) Vvia, a U Wasf�p, � Moreland L^ W X 0� O ti 41�0�� W 0 O 0 / J`y`�o� �, Walters;MilLLn� 836 0 Cie o W Q �+'p �Vartlmas[eiuouo n Legend ey�dOy, — L O` L I W H rn E� Parcel Boundary > p o Iq D o �, - \ ,g O Waverly Farm/Stiles < O 664 0 Properties Within 200 Feet Stiles >Q >� C) �,o iy ai ra 0 eea Ww0 Feet o a 1,000 0 1,000 Map Data Source: Frederick County, Va. GIS Department, 2018 Data. Waverly Farm Label Tax Map Number Owner Mailing Address City and State ZIP A 33 A 164A HMC LP LLP 920 HOPEWELL RD CLEAR BROOK, VA 22624 B 33 A 78 HMC LP LLP 920 HOPEWELL RD CLEAR BROOK, VA 22624 C 33 A 73 COOKE RONALD R, COOKE LINDA D 722 HOPEWELL RD CLEAR BROOK, VA 22624 D 33 6 15 STILES PAUL L 669 HOPEWELL RD CLEAR BROOK, VA 22624 E 33 6 16 COLLINS MONTE, COLLINS THELMA L 132 GRIMES GOLDEN LN CLEAR BROOK, VA 22624 F 33 1 11 POOLE LINDA, BRUCE KAREN 2117 HARVEST DR WINCHESTER, VA 22601 G 33 A 68 HOPEWELL MEETING LOT, C/O JAMEST RILEY 1321 VANCERIGHTCIR WINCHESTER, VA 22601 H 33 131 1 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 1 33 131 3 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 J 33 131 66 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 K 33 131 64 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 L 33 131 62 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 M 33 131 55 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 N 33 131 53 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 O 33 131 51 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 P 33 131 49 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 Q 33 131 47 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 R 33 131 45 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 S 33 131 44 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 T 33 131 43 WAVERLY FARM LLC, ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX, VA 22030 U 44 A 3B PRICE LEANNA MARIE 219 MORELAND LN CLEAR BROOK, VA 22624 V 44 A 2 MORELAND ROBERT L 162 MORELAND LN CLEAR BROOK, VA 22624 W 44 A 80B MORELAND ROBERT LORAIN, SHIRLEY IRENE 162 MORELAND LN CLEAR BROOK, VA 22624 X 44 A 3 PAYNE GARY L, PAYNE PAMELA L 358 VIEW WEST LN CLEAR BROOK, VA 22624 Y 44 A 78 PRICE THOMAS FRANKLIN 164 MICHAEL DR CLEAR BROOK, VA 22624 Z 44 A 78C SAVILLE BRUCE ELLEN 144 MICHAEL DR CLEAR BROOK, VA 22624 Al 44 A 78A KITTS GARY M, KITTS LOUISE L 472 WAVERLY RD CLEAR BROOK, VA 22624 B1 44 A 78B MCCORD DANIEL E 456 WAVERLY RD CLEAR BROOK, VA 22624 C1 44 A 79 TAYLOR RICHARD R 386 WAVERLY RD CLEAR BROOK, VA 22624 D1 33 A 71 IFISHELDAVIDG 1323 WAVERLY RD ICLEAR BROOK, VA 22624 Properties Within 200 Feet Source: Frederick County GIS 2018 Data Page 1 of 1 2018 Comprehensive Policy Plan Amendments Exhibits Current Long Range Land Use Plan Exhibit Current Long Range Land Use Plan with SWSA Expansion Exhibit Current Long Range Transportation Plan Exhibit Current Long Range Transportation Plan with SWSA Expansion Exhibit Proposed Water & Sewer Infrastructure with SWSA Expansion Exhibit Current Water & Sewer Infrastructure Exhibit — 1 Mile From Subject Parcels Current Zoning Map Exhibit — 1 Mile From Subject Parcels r Gnus �o/yam<n A°� . —.; e c� o 0 G U ;� u W= Q m m t Legend NOPeµe// eto aq HE a s Waverly Farm/Stiles Property Brucetown-Rd 62 0 goo ° 33 A 69�N � / r• � � / W E L — 33 A 70 / V L _ _I 44 A 80 J z a 7Z L —I 44 A 80ALU L SWSA Boundary I — r W z Parcel Boundary : s6s F I e' z w H z m ,I 33 A 70 44 A 80 � w = X � � Q w ` 44 A 80A� `i- 4 `moo � J � o aLU 33 A '69 �, i2a py� as LL } U) Z a } U H O z — �� Goc 11 a wma > a J w w w / h0 > U) / c. �... °C z z / LU R� ltaa Way G w U a O IL ka % O a u Q o / o°ch c" ' w 0 m I °O° z U) z / ��° LULU a at ink J y (D Q 5;� l ° Qz(�o e36 �l>a�Fz LL Uz 0 .�'i Z U) O, 0 U Long Range Land Use t0°° 0 LLI y O v 0 Residential ®Mixed -Use -Extractive Mining -Planned Unit Development ®B2 / B3 Landfill Support Area (D a LL Neighborhood Village ® Mixed Use Commercial/Office ® Commercial Rec ���/ Park Q Residential, 4 We Natural Resources &Recreation � > F— pug; Urban Center ® Mixed Use Industrial/Office _ Rural Community Center F__1 Recreation ® High -Density Residential, 6 u/a Environmental & Recreational Resources Z L o IF - Mobile Home Community = Industrial ® Fire & Rescue '__)School ® High -Density Residential, 12-16 We a� Feet W O LL d 0 IyyTiiY�� ~ Business ®Warehouse 0 Sensitive Natural Areas Employment Q Rural Area Highway Commercial ®HeavYIndustrial Institutional Airport Support Area Interstate Buffer 700 O 700 Q In LOU < Map Data Source: Frederick County, Va. GIS Department, 2018 Data o s s Go/y�� \ 5�z o — G c N W= Q m m t OPeW eto Legend Waverly Farm/Stiles Property Brucelown-Rd 62 fig" L 33 A 69 x 33 A 70 Q V I ` Z I. A 80 _ 144 A 80A b , LZ _z LLI o SWSA Boundary z A Proposed SWSA Expansion 33 � Parcel Boundary 20�a F- / w d� m z m z do` 33 A 70 44 A 80 c Lu Lu w 3 ° � 4 a C ` 44 A 80A� Q a `aQ �o EL LU 749 } U 7 0 Rol z O J d o' as Q w w �> Ur sss h° z 33 A 69 °� w Q / o Rt/rltanWay.... G LU Ur /X z a O t v 0 0 / V / O �q° � o / - OCy a ~ o U G O01 Of tY Q z U) CO w -:Tatanka'Ln O W Q N i OO e35 Vn Q LUF— rn Q O O� LL (JU c�i Lona Rance LandUse VVVV LULu Y 0 Residential ®Mixed -Use _Extractive Mining _Planned Unit Development ®B2 / B3 Landfll Support Areai' Q a a Neighborhood Village ® Mixed Use Commercial/Office ® Commercial Rec '111,� Park O Residential, 4 u/a Natural Resources & Recreation <i� 0_ LU o Urban Center ® Mixed Use Industrial/Office r� Rural Community Center F Recreation ® High -Density Residential, 6 u/a Q Environmental & Recreational Resources -❑ Z W W o - Mobile Home Community - Industrial ® Fire & Rescue School ® High -Density Residential, 12-16 u/a a Feet III 0 UL d 0 Business ® Warehouse 0 Sensitive Natural Areas IMEmployment Q Rural Area Q (p o a 0 Highway Commercial ® Heavy Industrial `0�` Institutional Airport Support Area Interstate Buffer 700 0 700 a w U U U Map Data Source: Frederick County, Va. GIS Department, 2018 Data art as ae` _ N 686 art `O° }cy W E YNr ° d' � 3g Q V o Ii / p ♦ _w d Goiu ° - A 7 y LU z g <a �e�1 d ®s °per _ ♦ ♦ ° B90 Brucetown`RV r LU 6]2 i 612 a � F- Q z LU �'0 1 A o E " cOnSOy%aat° uRR\LU z F- < biz o u 1 q; m Q 0 A it 748 z = Q Q C> LU of 0 1 C 6a dj �7i (S� 0 J U ♦— y°`a\ y�Ji as O z LU0 X F- a D 0 0 U) aw of w z a o A. as ti w X = ♦- /\ 666 q ♦ � ` 11 lFairy�o / �u lL d' �na.Ra 0 i g �♦ w Legend ♦ raa ; u ♦O♦ Waverly Farm/Stiles Property c� r` •'� • ~ 0 Lu A: 33 A 69 Mo-'a".Ln rar V° ��� a6'ta m F z -- O B: 33 A 70 .� X W U) 0 o O C: 44 A 80 B36 . la Q > O D: 44 A 8OA O♦ ♦• Q a U) D' r F- Z Parcel Boundary ♦♦♦ Writ ♦ ers_Mi11sLn �O G' LU D_ — z ~ —— C0 0 Q 0 Existing ♦♦ Bair lmore Q u z x 0 0" k��o��ra F� f SWSA Boundary a S ~<� __ Yacamasier Cour[ Q• ♦� g, phio RR �o ♦♦ D' F- LU J a _ NE Frederick LU Plan Transportation � ♦•♦ ♦' Feet a a w w 0 LL s a • New Major Collector 664 �io ,!# 0 F — Ramp oee 1000 , � 0 1000 , w W <fF F Map Data Source: Frederick County, Va. GIS Department, 2018 Data. Water and Sewer Courtesy of Frederick Water, 2016 art Qa� a¢ ae` N 686 art V00 }c E Yr ° d' � 3g Q V o ji ♦ p ♦ d Gnrs `r' =Gold ♦ aaw¢ o/ - Jf LU z n`<n we\1 f� ®♦ N°ve _ ♦ I o U B90 Brucetown`RV �a N.1 7 572 ♦ i 6/2 661 a � i F- Q Z LU d i aRR Z Z LUF- 0 l9 'i'i z = a 0 7A 1 748 �� O`� /yo; Q W a a it Z W a B I o I a2 Q� o // n'0nn// u°c } 0 Q J Q a6a Jt� j u J LU0 D U0 � �5 0 LU LU 0 can U) z Q a a� w X 0 A ♦ 1 ♦ 6LU 11 /Far �u a a' a Legend ♦ ® 9r o onq,Rd ♦e 4e# 0 Waverly Farm/Stiles Property ♦♦ v gag o ¢`o` ♦♦.'�•Lu O B: 33 A 70 ocy �� ♦Q♦ 0 o C: 44 A 80 Moreland TaranAa U 20 z0 F- -- O D: 44 A 80A Ln .♦♦♦♦♦ 4n ♦♦ W z Ca0 a Lu o Parcel Boundary B36 ♦♦ ♦♦ c� 0 d X Q > — Existing ♦• a Q w�r Lu z F- o ��ooc11 SWSA Boundary♦♦ 1 c�u� ♦♦0 tfl!alters;Mi11_Ln J GC LU a U) C9 O Q 0 Proposed ♦♦ Bair Baltimore Ohio Q u z o O v I ° " u a PR SWSA Expansion lCpd' varamastefcou t ..� o¢' ♦ RR � o_ w o NE Frederick LU Plan Transportation <� o� +.•� a De z LU s • New Major Collector 664 �io ,�# Feet a O o 0 LL F- — Ram p oee '�1,000 0 1,000 w <fF F Map Data Source: Frederick County, Va. GIS Department, 2018 Data. Water and Sewer Courtesy of Frederick Water, 2016 6]] ❑ I Gottonwood'Dr a/�C 742 21^.FM !! e oc�a � . a o = m _ 66e E W_ o v c �-_ .' c d �f3 Ueda Pino L, r Hill.Rd `y E o �c e11 E y G b0 c SongbirdLn O G •,� N K raga= W= R m m R D'Cl to n 671 ChGrch Rd 3 9 & 4 a art am 368 gg� 686 eo N Rrsse1l Rd i$ Q Z n. 7y 6 a �4 mi 5r LN Z a LLJ o �mi non 6]z �Opisty- b e10 16 in, Rd o 4c e 612 Hiatt- o'oha apr ,yyan a �24in. stew" R-j�es Z Rd g °� r FMB G a onso/i �' w q �a 3m^ �'.r 3 RRdated o G w 6 T W a cw\b v �yo �Q W I0 �6 v �0 • mi G° �' Ja a � H r N 661 A fai �� u } U j w lL m W 0 fn o a 05 ` o dew a � w to west Cn :C Ttanka Ln LU0 GM ^o u ClearviewDr 8 in'e36 ZlL W >Q _ > W klralters=Millen w J Stonoo off' w m 666 �tt�et'a° @e O �666 ct pest yp�e's� / 11 7t]'nore w Legend ad v <2 ? or ivb RR ~ to F Y �— F G� °°y� m 664 Py n" m w O 0 Waverly Farm/Stiles Property �,� ' �o,aa �� °` X g r a v ��.. 5 •� 'o g .F fin, w w U) z 0 L A: 33 A 69D°aWoo o_ o_ C0 w L _ J B: 33 A 70 Ciiohmoo. c• Ago \1st^' st dln Cie < j �ti 4i, �. c 8'in, n. ��LJI d tr L _ J C: 44 A 80 /GtA cfso, o`�a oaf y w w L _ J D: 44 A 80A ° o �o; 'G^ 1p/ ton 8tn BNirc�n s� w US DOO 0 c~i 1 Mile Distance from Subject Properties °� �2 c 8 GM c?t o Old_Charles > GC to Y saaswa 18% d'Qs. tn• GM nc Town Rd L O o a LL Sewer Pump Station �n �i• R ]zs Cie d 662 g'1M G b > > LU 7 c. 3a — Sewer Force Mainn, tiS'�3 or ale 8/n ¢ 87 a�n e w w w o J Z IY Sewer Gravity Main j� / M g g` c Bin o' ss t3a Feet a � O LL d r Q� c a m �o, •c Bin G a /n cM 6` <n s t j — Water Main n �• lTna ?�' G°o - M ui W 2,000 0 2,000 Map Data Source: Frederick County, Va. GIS Department, 2018 Data. Water and Sewer Courtesy of Frederick Water, 2016 art a° ay` c art o- 686 N �° & p j C � wE Q N b G .a t W r n i! G°rnes`�an, d o! cyF,Zo1(n Bin. I� Wz lByh,• - J LU C7 B10 �16.in. 6rz z 6]2 -a 661 Qie: � W 6�? �, �a cam p4in. • V 3 v y • a u I ±N—`°�7`F. 24'fn—NQ • F- Mai oQo \//) o' ` o 2 O u ' �''Ij COnSOtytldte z A F 6r2 �O �r t g.� oai vn' R�♦ Q m 749 aa� Cr Q X Goo r' LU LLL } W fn i o C y`P ♦'40 ;'� J J a w 0 of 0 Legend ry� �`a� e o Q w 05 0- Waverly Farm/Stiles Property w A: 33 A 69LUQ S ❑ ! O B: 33 A 70 u' LU d' C: 44 A 80 w Ps IFyr�n p I�,r D: 44 A 80A dRd 11 O 0 O Parcel Boundary ��� Ot Qg� ♦♦1 w 1 � aa� � u O♦1 0 Existing S. .ur A aa` ♦♦ � 1 ♦ � m •••� SWSA Boundary 1 2 o�y �q°o ♦♦♦♦ 00 U 0 — Sewer Force Main Morerand �a/ o�� Ta�aa y ♦♦1♦ w � z Ln 1 (!) rn — Sewer Gravity Main 6. 8t° a4n Q♦ Q D o ri' GM' B36 1♦ J C7 — Water Main �2 11 ♦ D' ❑ Q I� 11♦ Q W w H rn Sewer Pump Station in 1♦ s xn z OU) o Proposed �O- �� !aft 0 U O o O Orso ers_Mill_ - 11 W 06 GC Q U w PR SWSA Expansion t?!q 40 oie& 'Ln�Baliirnore Q w o_ U LL _ 6 4 �O H a o • PR Force Main AF�a si�;F ��& 11 Ohio 12R Q Q w a^hj �s Fen Mfg tn: cM y � S- PR Gravity Main <� 0�r / ♦11 Q z LU o —W- • PR Water Main 3 664 `bc ♦ Feet a O W d L s PR Sewer Pump Station �e �1 ,000 0 1 ,000 U u I eA Map Data Source: Frederick County, Va. GIS Department, 2018 Data. Water and Sewer Courtesy of Frederick Water, 2016 Legend Waverly Farm/Stiles Property A: 33 A 69 B: 33 A 70 C: 44 A 80 D: 44 A 80A Q1 Mile Distance from Subject Properties Parcel Boundary A ]-- B ! C �d 661 4� Wftst�n Moreland•L•n �t I _ ' y Gam\ s I O 837 i, s U gym_ C� �� crl`Oo e:ac� Frederick County Zoning _ ( 9 ) (Higher ) ( ) 0 ( ) Saban B1 Business, Neighborhood District HE Hi her Education District MS Medical Services District RA Rural Area District B2 (Business, General Distrist) M1 (Industrial, Light District) - OM (Office - Manufacturing Park) RP (Residential, Performance District) <fs Feet B3 (Business, Industrial Transition District) M2 (Industrial, General District) W R4 (Residential, Planned Community District) \ m EM (Extractive Manufacturing District) MH1 (Mobile Home Community District) R5 (Residential, Recreational Community District) 2,000 0 Map Data Source: Frederick County, Va. GIS Department, 2018 Data a m E WE m O s G j N t 3a& as yra Z y / W z ss7 �ii z e-a �y `s F t J �5 Ml?fin W z W Z wLU � 4 gs Q ~ O m \\\ Qa Xa W } W U J Q m w 0 a az2 �>Uw Z0 to 0 W Z IJ W W W � a � 0 0 w 0 m U) U o FF-, 2 <z m w z = o o ae a-ae w W g> z / LaL <awF 0 w In W z m 0 0 \ U M �00v&LL Q O J S a o d , Lu 0 coa l w w s \ U w z W O0 w d r 2,000 w 4 0 U m Sewer Collection System Analysis Report Waverly Farm Water and Sewer Feasibility Study Frederick County, Virginia March 14, 2018 Revised May 31, 2018 Prepared for: The Walker Group 4720 Montgomery Lane, Suite 1000 Bethesda, MD 20814 Prepared By: Randy L. Kepler, PE Greenway Engineering, Inc. -A& FND%qFI9]1 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Telephone 540-662-4185 Fax 540-722-4185 www. greenwayeng. com 44915WG A 5/31/2018 JN 4915WG CONTENTS • Narrative • Existing Sewer System • On -Site Sewer WAVERLY FARM SEWER STUDY - REV. MAY 31, 2018 • Off -Site Sewer - Existing 8" Gravity • Off -Site Sewer - Existing VDOT Pump Station • Off -Site Sewer - VDOT Pump Station — 30 Year Evaluation • Conclusions and Recommendations Appendices 1. Sewer Capacities 2. VDOT Welcome Center Gravity Sewer Evaluation 3. VDOT Pump Station Evaluation 4. Excerpts from the FW 2017 Sanitary Sewer Master Plan 5. VDOT PS - 30 yr Buildout Preliminary Computation 6. Map Exhibits — (Land Bay, On -site sewer, Off -site sewer) Revisions Date Details 1 May 31, 2018 Added Additional Evaluation on 30 yr. Master Plan Flows JN 4915WG Narrative WAVERLY FARM SEWER STUDY — REV. MAY 31, 2018 WAVERLY FARM DEVELOPMENT SANITARY COLLECTION -FINAL REPORT The Frederick County Northeast Frederick Land Use Plan recommends commercial, mixed office and industrial, and industrial land use for parcels located in the southwestern quadrant of I-81 Exit 321. This quadrant consists of an assortment of parcels totaling approximately 425 acres. Waverly Farm comprises approximately 46% of the area within this quadrant, of which 51.4± acres is currently within the Sewer and Water Service Area (SWSA) and 145.5± acres is adjacent to the SWSA. Waverly Farm is petitioning Frederick County to include the remaining acreage within the SWSA. As a part of this process, an evaluation of the existing and proposed sewer system was completed to determine operational issues for the 425-acre quadrant area. The evaluation was completed by following standard engineering practices for sewer design and standards as set forth in the Frederick Water's (FW) Water and Sewer Standards and Specifications, most recent revision dated February 20, 2018. We also took into consideration the data, information and direction provided by Frederick Water in their 2017 Sanitary Sewer Master Plan approved August 15, 2017. Data on pump station design and pump run time records were provided to Greenway by FW for evaluation. Existing grades were used for the proposed development within the project site to determine system needs. All elevations in the evaluation and calculations, where necessary, were set at either the existing ground elevation since a detailed design and final sewer collection for the project have yet to be determined. It is anticipated the development of the 425-acre analysis area consistent with the land uses recommended by the Frederick County Northeast Frederick Land Use Plan will require a sewer system that will have the eventual capacity of 322,233 GPD. Existing Sewer System The nearest sewer system consists of an 8-inch gravity sewer system within the VDOT Welcome Center that flows under I-81 to the existing FW-VDOT Pump Station. This station pumps through an 8-inch force main south along the railroad, under Route 11 and I-81 and into the Red Bud Pump Station. There is approximately 16,600 linear feet of force main. On -Site Sewer The 425-acre analysis area was evaluated to determine availability of gravity sewer flow to the main point of connection to the existing system at the VDOT Welcome Center. There is an area within the 425-acre analysis area along I-81 that won't flow by gravity and will need to be pumped. The 425-acre analysis area was divided into seven land bays to better analyze and understand the project. Land Bays 1-5 are anticipating a need for pumps while Land Bays 6 and 7 should have the ability to flow by gravity to this existing gravity sewer. These land bays can be seen in the attached exhibits. 2 JN 4915WG Off -Site Sewer —Existing 8" Gravity WAVERLY FARM SEWER STUDY - REV. MAY 31, 2018 The existing 8" gravity line at the Welcome Center flows east to the highway crossing, through a bore and then into the VDOT Pump Station. All existing lines are 8" diameter. Evaluation of the full buildout flow shows this existing 8" line does not have the capacity for full buildout flows plus existing flows. The sections below the 425 acre analysis area tie in point will need to be upgraded to 12". We anticipate a capacity in this existing 8" line of 101,000 gallons is currently available above existing flows before the existing system is at capacity and the upgrade is needed. Off Site Sewer — Existing VDOT Pump Station Data was provided by Frederick Water (FW) on the existing design data on the pump station as well as the current operating conditions. The pump station was originally designed with two phases. The first phase was designed to handle 20,000 GPD of flow and pump through an 8" FM that had a length of 16,600 LF. The pumps however were sized to pump 325 GPM, which when calculated comes to 187,200 GPD. The current average daily flow into the pump station (April 2016-April 2017) was 31,484 GPD. This flow is over the design intent of the initial flow but well within the capacity of the currently specified pump. The second and ultimate phase was for the pump station to handle 320,000 GPD of flow and pump through the same 8" force main however the length of that force main was reduced to 6,600 LF. It is unclear on the exact intent of this FM reduction although it appears that the 8" FM was to be directed into a new gravity sewer or pump station along the same route (approximately at the DeHaven PS shown on the exhibit) or sewer pumped into a new 6,600 LF force main on a new route to a gravity sewer discharge. The pump for this ultimate phase was sized at 560 GPM. It appears from the calculations that in the ultimate condition, that because of the reduced losses with the shorter force main, the only change necessary was for the reduction of the pump impeller from 12" diameter to a 11.5" diameter. The pump specified (Smith and Loveless 4C3B, 1760 rpm, 30 HP) is the same in both phases. Taking this existing condition information and inputting the proposed development's flows of 322, 233 GPD with a sewer growth capacity, partial capacity appears to be available in the station. We estimate a design flow of 359,717 GPD (625 gpm peak flow) necessary to handle to flows from the buildout of the 425-acre analysis area based on the land uses recommended by the Frederick County Northeast Frederick Land Use Plan. The Phase 1 pumps have the capacity of 187,200 GPD. They are seeing 31,484 GPD of flow leaving a capacity of 155,716 GPD which is 48% of the needed capacity of the proposed development. However as was noted in the FW's Master Sewer Plan and confirmed with this evaluation, the flow velocity in the downstream 8" force main is a concern. We believe there are currently 5 pump stations of various sizes connected to this shared 8" force main, each with pumps in the 100 to 200 GPM size. When multiple pumps run concurrently on these force mains, the velocities, as reported in the master plan, are reaching 6 fps with engineering standards not allowing velocities over 8 fps. Because of this velocity issue, there isn't as much available capacity as is perceived apparent in looking at the pumping capacities at the VDOT pump station. To determine the best option for obtaining offsite sewer capacity for this project, we looked at several options for sewer collection expansion or improvement. We then considered the Frederick Water's Master Sewer Plan to then confirm and compare the options developed. Below are a few of the alternatives listed in this Master Sewer Plan that appear to be in some form or another, tasks that are appropriate for this project. 3 JN 4915WG WAVERLY FARM SEWER STUDY - REV. MAY 31, 2018 The Master Sewer Plan Alternatives are: *Alternative NR10.01 This alternative calls for the addition of SCADA to the VDOT and Woodbine pump stations in anticipation of an additional 216,000 GPD of expected growth. *Alternative NR15.02 and 15.03 This alternative calls for the upgrade of the VDOT Pump Station and increase of the force main to a 12-inch diameter line. We believe portions of these listed alternatives put together into a project will achieve what is necessary to provide capacity for the buildout of the 425-acre analysis area based on the land uses recommended by the Frederick County Northeast Frederick Land Use Plan. Based on our calculations the best option for providing sewer is to install a new 12" force main along the same route as the existing 8-inch force main as a replacement of the existing 8" FM. This greatly reduces the friction head on the system and allows more volume through the pipe at lower velocities. Other routes for force mains or gravity sewers from various points along the existing force main or even directly from the VDOT Pump Station weren't found acceptable mostly due to the large number of property owners that would need to agree to providing a sanitary sewer easement for this connection. Since this is a private development without the same capacities of Frederick Water for easement acquisition, these other options were only briefly evaluated. It was determined the time and effort to evaluate upgrade of the existing system within the existing easements allowed for the best and quickest route for the client. The force main termination point in these calculations has been changed from the current terminus at the Red Bud Pump Station. As was understood from previous projects and then confirmed with FW's Master Sewer Plan's discussion on existing conditions and directions on future sewer routing, the Red Bud Pump Station is again at or near capacity. This VDOT pump station's existing force main ties into the Red Bud Pump Station, flows into the Abrams Creek Interceptor and then to the Opequon WRF. To bypass this restricted section of the sewer collection system, we are recommending the re-routing of the existing force main by the addition of force main through the Graystone Industrial Park to the new Graystone Gravity Interceptor sewer (listed as NR5.01 in the master plan). It is our understanding that this gravity sewer is or soon will be under construction and will be available for connection of this force main by the time this project will need capacity and the improvements constructed. The calculations on the proposed improvements include the additional 3,550 LF of 12" force main. This would transfer the sewer flows from the Red Bud Station to the Stephenson Regional Pump Station as is recommended in the FW MSP. This action will require the need for a 20' sanitary sewer easement from the current land owners, Crider & Shockey Inc. of WV. Based on our calculations, the existing VDOT pump station should be able to remain and, depending on the wear on the pumps, utilize the same pumps as currently specified. With the change in diameter and direction, the existing pumps will have a capacity of 625 GPM which is the design flow expected at the VDOT Pump Station based on the full buildout of this project, along with the existing base flows and a reasonable growth rate based on the current county growth data (359,717 GPD). The pump station should still be evaluated and any controls that are near the end of their service life should be repaired, the emergency pump around requirements of Frederick Water should be added as well as providing for an automatic transfer switch and a permanent standby generator to handle the capacity of both pumps running should be installed to ensure a better operating system. This pump station, along with the other pump stations along this common force main, should be installed (if not already) with a SCADA (Supervisory Control and Data Acquisition) system to allow the different pump stations to communicate so pumps are running concurrently on the force main. 4 JN 4915WG WAVERLY FARM SEWER STUDY - REV. MAY 31, 2018 The intent, with regard to constructability of this upgrade, was to install the 12" force main in the 8" FM trench by replacement of the existing force main. Due to the high quantity of rock along this route and the existing 20" water line running parallel with the force main in the same easement, blasting and excavation of a new trench wasn't practical. Our constructability process is suggesting making the improvements to the VDOT pump station first including the emergency pump bypass. The contractor would then use the emergency pump bypass and a certain amount of temporary force main in short, manageable 1,000' segments placed on the ground to dig up the existing 8" line and replace with the 12" line. With the appropriate temporary systems and piping, installation of this upsized line can be completed with no disruption of sewer collection. Calculations showing the results described here are included in the attachments to this report. Off -Site Sewer —VDOT Pump Station — 30 Year Evaluation One of the concerns of Frederick Water is providing sewer for the future anticipated growth areas within their Northern Service Region. The priority is to provide service to zoned properties and approved facilities within the Northern Service Region before additional properties are included in the SWSA. This section includes evaluation to demonstrate how the recommended improvements associated with the buildout of the 425-acre analysis area comply with the Master Sewer Plan and how the recommended improvements enhance the existing FW infrastructure to benefit the greater region for needed capacities. The adopted August 15, 2017 FW Master Sewer Plan provides a future flow evaluation for each of the county's service region. It also breaks down each service region into specific pump station locations and the developable area and flows expected at these locations. Estimates and decisions to determine the flows are included in the Master Sewer Plan and summarized in Table A-1 — FCSA Future Flow Data. 5, 10, 15, 20 and 30 year projected sanitary sewer flows are provided. The subject project is located in the Northern Service Region and is included in the 20 year growth window. This Waverly evaluation only looked at the 30-year flow situation as considered full builtout. The 30 year buildout shows the Woodbine Pump Station will be see existing and projected sewer flows of 1.753 MGD. Table A-1 also shows the VDOT Pump Station will be see existing and projected sewer flows, in its drainage shed, of 0.445 MGD. As it is currently situated and modeled in the MSP, the VDOT Pump Station re -pumps the sewer flows from the Woodbine Pump Station through the existing 8" force main to the Red Bud Pump Station. Without further modifications to the existing conditions or the Master Plan, the VDOT pump station will need to be able to handle both the calculated flows from Woodbine and VDOT PSs. The combined flows come to a total of 2.196 MGD or when converted to a pump size, 3,812.50 GPM. The Master Sewer Plan briefly describes the areas included in these pump station regions by way of a future growth map labeled as Figure 1 — Projected Growth Map. Frederick Water, through their consultant, evaluated the county and determined parcels that were anticipated to be a part of development. They assigned these parcels to the year event of 5,10,15,20,30-year development and assigned them with a color coding. Evaluation of this map was completed to determine if the subject parcels were a part of the anticipated sewer growth. This evaluation showed the entirety of the 425- acre analysis area was shown in yellow, which is identified as part of the 20-year growth flows. This included both the parcels located within the Water and Sewer Service Area as well as outside the Water and Sewer Service Area. Based on this understanding, the projected flows for the subject parcel are already included in the FW SSMP 20-year growth numbers so added flows above the master plan in this evaluation are not needed. 5 JN 4915WG WAVERLY FARM SEWER STUDY - REV. MAY 31, 2018 The FW Master Sewer Plan includes recommendations for system modifications to handle the necessary flows in this Northern Region and are broken down into the 5 different year projections. Specific recommendations of note from the report are as follows: NRC.01— Install SCADA to reduce multiple pumps running simultaneously. NR10.01 - Add Woodbine PS and any new pump stations in the Rt. 11 Corridor to the proposed SCADA system. NR15.02 — Upgrade the VDOT PS to convey the 30-year projected flow of 2.250 MGD. There is no recommendation for changes to the VDOT PS's existing 8" force main from the VDOT pump station although one would expect it with the anticipated flow increase. The report does reference this need in the alternative analysis section as item NR15.03 — increase the VDOT force main to a 12" diameter pipe. Evaluation of this 30-year flow requirements demonstrates that the recommended improvements associated with the buildout of the 425-acre analysis area complies with the Master Sewer Plan and provides for infrastructure improvements that benefit the Northern Service Region. One item of note, to confirm the force main size for this expanded 30-year flow, we evaluated the capacity of a 12" force main seeing a flow of 3,812.50 gpm. Based on our calculations it appears this sized force main will see a sewer velocity of approximately 10.7 fps at the full 30-year capacity. Typically, code limits the velocity to 8 fps but allows for increased velocity if specific design concerns are addressed. The 12" force main design will need to be installed using suitable construction methods to confirm stabilization and minimize long term wear (12VAC 5-581-500). Conclusions and Recommendations Results of this study demonstrate that the 425-acre analysis area can be provided with on -site sewer, and that the off -site improvements will provide adequate routing with sufficient capacity for sewer flows. It is recommended the gravity sewer upgrades and the pump station upgrades described above be completed to provide service to the project. It is also recommended an agreement be entered with Frederick Water to protect the interests of this project with the up -front infrastructure costs for the improvements to guarantee the capacity purchased. The results of the study also demonstrate that the 2017 Sanitary Sewer Master Plan approved by the Frederick Water Board of Directors on August 15, 2017 included the 425-acre analysis area in their 30-year master sewer plan for properties that would be considered within the limits of the SWSA. Evaluation of this Master Plan also shows that the recommendations made in this report for the upgrade of the VDOT pump station's force main and extension of the upgraded force main into the proposed Graystone gravity sewer system will provide very important sections of improvement needed for full 30-year buildout of the county's master plan. 6 JN 4915WG WAVERLY FARM SEWER STUDY - REV. MAY 31, 2018 We believe the gravity portions of the offsite facilities have certain existing capacities to allow for a partial buildout of this project to allow for deferment of infrastructure improvements until further development is acquired. The VDOT pump station improvements might, with additional calculations and agreements with Frederick Water, have some capacity in the system to allow for a small start. Addition investigations into the details of this offsite system would be necessary to see if some small infrastructure improvements (such as the SCADA system installation) would provide added capacities to also defer capital costs on the proposed work to further along the project development timeline. 7 JN 4915WG PAY -IV/ ff INK N WRIVIIN SEWER STUDY - REV. MAY 31, 2018 Waverly Farm Development Sewer System Evaluation Appendix 1 Sewer Capacities 4915Waverly Water -Sewer Capacity Study - with FW Future.xlsWaverly Sewer Flow Calculations Ey2 WTI21Mda01AIall IUITAI NL1.9 Project: Waverly Farms Development - Pump Station Capacity Calculated by RLK Date: 3/17/2017 Revised: 513112018 Flow rates per use listed below are per: Table 3 of the VA SCAT Regulations Wastewater Engineering, Metcalf and Eddy, Third Ed., 1991 Sewer Flow Regulations from surrounding juridictions Recent Flow Records from FCSA (meter readings) for similar facilities Land Bay 1 (Commercial)' Land Bay 2 (Commercial)' Land Bay 3 (Industrial)' Land Bay 4 (Industrial)' Land Bay 5 (Industrial)' Land Bay 6 (Industrial)' J. N.: 4915WG 35.07 acres 10 persons/acre' I 75 gpd/person 26,303 gpd 30.37 acres 10 persons/acre' I 75 gpd/person 22,778 gpd 47.53 acres 40 persons/acre' I 25 gpd/person 47,530 gpd 8.12 acres 40 persons/acre' I 25 gpd/person 8,120 gpd 26.87 acres 40 persons/acre' 25 gpd/person 26,870 gpd 61.55 acres 40 persons/acre' 25 gpd/person 61,550 gpd Land Bay 7 (90%Industrial, 10% Business)' Industrial 101.97 acres 40 persons/acre' 75 gpd/person 305,910 gpd Business 11.33 acres 10 persons/acre' 25 gpd/person 2,833 gpd Total 113.3 acres 37 persons/acre' 30 gpd/person 125,763 gpd Land Bay 8 (Industrial)' Total Flows On Site Pump Station 3.32 acres 40 persons/acre' I 25 gpd/person 3,320 gpd Total Development Flow 322,233 gpd Total Development Flow 224 gpm Peak 2.5 times 805,583 gpd Peak Flow or 559 gpm Total OnSite Pump Station Flow 131,600 gpd (LB 1,2,3,4,5) Total Pump Station Flowl 91 gpm Peak 2.5 times 1 329,000 gpd Peak Flow orl 228 gpm Pump Design Rate 228 gpm Greenway Engineering Page 1 4915Waverly Water -Sewer Capacity Study - with FW Future.xlsWaverly Sewer Flow Calculations VDOT Pump Station Data Existing Pump Station Data Smith and Loveless Pump Station Initial Capacity Conditions (FM to Redbud) 4C3B Duplex suction lift pump station with 12" impellers on 30HP pumpE Average Design Flow 20,000 GPD ADF 14 GPM Peak 35 GPM Pump Design Rate 325 GPM 31,484.4 GPD Average (4/16 thru 4/17) 21.9 GPM 54.7 GPM actual Existing Pump Station Data Smith and Loveless Pump Station Ultimate Capacity Conditions - FM shortened to 6,600 LF 4C3B Duplex suction lift pump station with 11.5" impellers on 30HP pumps Average Design Flow 320,000 GPD ADF 222 GPM Peak 556 GPM Pump Design Rate 560 GPM Pump Station Upgrade Requirement Current Flow 31,484 GPD Per Capita Growth 6,000 GPD 20yrs/0.87% growth (current county growth average) Proposed Flow 322,233 GPD Design Flow 359,717 GPD 250 GPM peak factor 2.5 625 GPM Pump Design Rate 625 GPM Future Flow Evaluation - FW Master Sewer Plan Data VDOT Pump Station Only Table 3.2 defines flow increases projected over a 30 year period According to the FW S.Sewer Master Plan, Figure #1-FCSA Projected Growth Map, the subject parcels in this report are included in the 20 yr Growth Flow Numbers listed in Table 3.2 so project flows don't need to be added on top of the SSMP flows 0.45 MGD VDOT station Only 445,000.00 GPD 309.03 GPM 2.50 peaking factor for pump sizing 772.57 GPM pump sizing needed VDOT and Woodbine Pump Stations Table 3.2 defines flow increases projected over a 30 year period 1.751 MGD 30 yr Woodbine PS Flow 0.445 MGD 30 yr VDOT PS Flow (Includes Project Area) According to the FW S.Sewer Master Plan, Figure #1-FCSA Projected Growth Map, the subject parcels in this report are included in the 20 yr Growth Flow Numbers listed in Table 3.2 so project flows don't need to be added on top of the SSMP flows 2,196,000.00 GPD (Woodbine and VDOT) 1,525.00 GPM 2.50 peaking factor for pump sizing 3,812.50 GPM - pump sizing needed at 30 year buildout of the VDOT PS Greenway Engineering Page 2 JN 4915WG PAY -IV/ ff INK N WRIVIIN SEWER STUDY - REV. MAY 31, 2018 Waverly Farm Development Sewer System Evaluation Appendix 2 VDOT Welcome Center Gravity Sewer Evaluation Project: Existing VDOT San Sewer to VDOT Pump Station Calculated by: RLK Date: 4/11/2017 J.N.: 4915WG User entered data C Calculated data IiGIT • •al im �xa�.�i:■�■xa�.�i:r����i� IIII i�'� IIII ���7i G'�'i����c%� I I ���iru><III■�)♦<YK1:Y� �x7�l:f��■x7�i:[c■���i>♦ IIII � IIII ���i :i�'�itii>♦��ifii�ckT:ii�c'i�■��c1:IIU1���:�I•►•• �x'a�I:R7■�!J�I:C■--�i'MWITITIT81 ITeII �; M [MAN MaL■<:YcLRM �xa,.,i:■�::r•�m[yc•>t���I>_ IIII � IIII ���iLC��I��f:��[liZ:�C��c:�III����:r�:�ct:� ■ ZNt0[•7N7 • - ' • 11 -�i' IIII IIII �� ����i �•� i �■�Z[IIIU1 M<: JJ; L;M lCdnl��il:� Z•DI■�7��i1:l.7--�i' IIII IIII ���i��l���d� I I:. �i�i��c�IU��t:YILIL! �xa�i::.�■xa�i:[:■���I>_ IIII � IIII ���LC�����i�i���ircyull■���:r�.�[ct:� �xa,.,i:r:>■■xa,.,i:r����I>_ IIII IIII M7� II II r.rir�nr� §x==MTITMkTA al �E r�mumingl•>t M i iZ��iT�� . II Tiii ii Existino Capacity 20000 GPD Project: Existing VDOT San Sewer to VDOT Pump Station Calculated by: RLK Date: 4/11/2017 J.N.: 4915WG �aentered data Calculated ulated data -�'� ��7��il:f�■�7��iI:V��-�i' � ��� � ��� ���ii C.�'i����c%� � � ii.�i�'�■r[�I�U1�)♦<:LK1cY� ��711:f��■x7�I:R7--�i1♦ � ��� � � ��� ���:i�i��i �ii1♦���7�i�ckT:ii�[c�i�■��c1:I�U1���:���r•� �x'a�I:R�■x7�I:C■�-�i1♦MIFZITITITII �M �; MMei MMM •T:M� MER iR�ip�lfc"88 W&MMII:YcLM � .I:■!•::rera[Nc•�i� k� k� k�i��Ti MFTMMC ; :� [l ��c:��I�>■ �■:r�:�ct:■ ■:r•�m[yc•�- .- -•n ��i��k���Ti�%�i6��i�7iC��i •L���� � : •�. ��■�ZI�I�u1l:Yl'1<dlt:Y�:�:�� ►Cdnll�ll:1 Z•D11■�71�11:l.7--��'��-���j r������jj rjr���[,�jr [[;�7��i��.'1(�Ul■�I:Y�L�L! �xa�I:L�■x7�1:[:■--�����—wTiw-M ��LCM i>♦WKIT. 7I Me M-72■rcy NO��tM.7[ A �xa,.,I:r:>•■xa,.,i:r■����>_����Ti�C�i`»E� �xa�.d:r��m[�.��+ral■���i>♦����Ti�i�»i��:��c�C:����i� .� �� �7ii�i � � r���I:maz•>t��.���i>♦����Ti�%��i ��i���iiC:�[c�cl�Tir7�i� . �� �Ti>♦�i� Existino Capacity 20000 GPD 'r000sed Need 322.233.00 GPD Project: Existing VDOT San Sewer to VDOT Pump Station Calculated by: RLK KDP Date: 12/13/2017 J.N.: 4915WG User entered data Calculated data 11. 11. •C _ ► ► 11 ► • ••C ��• ► 1• �� • 1 ��7�I�P���7�P.K����i�i•7�%TiTi���iTiTi7��iii :i���i�ft�ii�i7iiit%%�i�k� • � � [�rnc�►.� �D7�I:B��D7�I:C��-�i� � ��� � � ��� ���%i T:�'��i •7:�ilCt� ��iRi�i� �� [�L'■�L'�I �D7�P.Cl�'ZN�O[•7A��� � ��� � ��� ��� �� �� ���iL�i��iTt:���i�iGiiCl� • �� �:r�xx�:� �'Z•�p�L•7A�0RS�I LTA 1.11WO 01--�i� ���i i���iii� i •�% i i %3�i� j���'I:I:� ■R1�l�l.�'Z•�10I�D7�I�b�--�i� ��� �� ����li��ti� � �:. iii'�.F:'� �� il��iL�L! �D7�I�b��D7�P.6)•�-�i� ��� �� ���i •%�i������� . �� [�ij�t�ldtI:� �s��1:4)•�--�j� ��� � �� ���i�ttii�il:��TiS�iF:iilii�i� �� �� %�cT:i a�'� ��■11s11�7•]��y���i� ��� � �� ����i9i�i�'��.ii��i�i Zl�i� . ��i�i•�.7•ii�'ii�ii Existino Capacity 20000 GPD Maximum Additional Capacity to Existino Svstem 103,000 GPD JN 4915WG PAY -IV/ ff INK N WRIVIIN SEWER STUDY - REV. MAY 31, 2018 Waverly Farm Development Sewer System Evaluation Appendix 3 VDOT Pump Station Evaluation 10 Greenway Engineering 1-81 Rest Area Pump station Hour Run Time Data Pump#1 Pump#2 Date hrs hrs 4/1/2016 2255.78 2338.5 4/5/2016 2258.75 2341.33 4/8/2016 2260.74 2343.58 4/11/2016 2263.06 2345.95 4/13/2016 2264.28 2347.23 4/15/2016 2266.15 2349.2 4/18/2016 2268.46 2351.53 4/22/2016 2271.53 2354.64 4/25/2016 2273.92 2357.18 5/3/2016 2280.12 2364.06 5/9/2016 2284.66 2368.95 5/12/2016 2287.28 2371.6 5/16/2016 2290.62 2377.64 5/17/2016 2291.73 2378.33 5/23/2016 2296.49 2383.58 6/1/2016 2303.69 2391.41 6/3/2016 2305.77 2393.72 6/6/2016 2309.01 2396.88 6/7/2016 2309.4 2397.28 6/9/2016 2311.2 2399.41 6/14/2016 2315.2 2403.7 6/15/2016 2315.88 2404.55 6/22/2016 2322.21 2410.86 6/24/2016 2324.83 2413.6 6/27/2016 2327.1 2415.92 6/29/2016 2328.81 2417.73 7/5/2016 2334.66 2423.94 7/11/2016 2341.06 2430.71 7/14/2016 2343.66 2433.45 7/18/2016 2348 2438.15 7/19/2016 2348.66 2438.79 Data in first three columes and pump rate provided by Frederick Water Days time Pump 1 (hrs) time (pump Pump 2 (hrs) rate = 325 gpm 19,500 gph Total Station Pump 1 Pump 2 (gallons) 4 2.97 2.83 57915 Gal 55185 Gal 113100 3 1.99 2.25 38805 Gal 43875 Gal 82680 3 2.32 2.37 45240 Gal 46215 Gal 91455 2 1.22 1.28 23790 Gal 24960 Gal 48750 2 1.87 1.97 36465 Gal 38415 Gal 74880 3 2.31 2.33 45045 Gal 45435 Gal 90480 4 3.07 3.11 59865 Gal 60645 Gal 120510 3 2.39 2.54 46605 Gal 49530 Gal 96135 6 4.54 4.89 88530 Gal 95355 Gal 183885 3 2.62 2.65 51090 Gal 51675 Gal 102765 4 3.34 6.04 65130 Gal 117780 Gal 182910 1 1.11 0.69 21645 Gal 13455 Gal 35100 6 4.76 5.25 92820 Gal 102375 Gal 195195 2 2.08 2.31 40560 Gal 45045 Gal 85605 3 3.24 3.16 63180 Gal 61620 Gal 124800 1 0.39 0.4 7605 Gal 7800 Gal 15405 2 1.8 2.13 35100 Gal 41535 Gal 76635 5 4 4.29 78000 Gal 83655 Gal 161655 1 0.68 0.85 13260 Gal 16575 Gal 29835 7 6.33 6.31 123435 Gal 123045 Gal 246480 2 2.62 2.74 51090 Gal 53430 Gal 104520 3 2.27 2.32 44265 Gal 45240 Gal 89505 2 1.71 1.81 33345 Gal 35295 Gal 68640 Waiverly Farm Feasibility January 2018 Total Station GPD 28,275.0 27,560.0 30,485.0 24,375.0 37,440.0 30,160.0 30,127.5 32,045.0 30,058.4 GPD (avg) 30,647.5 34,255.0 45,727.5 35,100.0 32,532.5 35,652.5 GPD (avg) 42,802.5 41,600.0 15,405.0 38,317.5 32,331.0 29,835.0 35,211.4 52,260.0 29,835.0 34,320.0 35,191.7 GPD (avg) 6 6.4 6.77 124800 Gal 132015 Gal 256815 42,802.5 3 2.6 2.74 50700 Gal 53430 Gal 104130 34,710.0 4 4.34 4.7 84630 Gal 91650 Gal 176280 44,070.0 1 0.66 0.64 12870 Gal 12480 Gal 25350 25,350.0 3 3.07 3.33 59865 Gal 64935 Gal 124800 41,600.0 Page 1 of 3 Greenway Engineering Waiverly Farm Feasibility January 2018 7/22/2016 2351.73 2442.12 4 3.4 3.64 66300 Gal 70980 Gal 137280 34,320.0 7/26/2016 2355.13 2445.76 37,142.1 GPD (avg) 8/2/2016 2361.54 2452.65 9 8.65 8.94 168675 Gal 174330 Gal 343005 38,111.7 8/11/2016 2370.19 2461.59 4 3.59 3.75 70005 Gal 73125 Gal 143130 35,782.5 8/15/2016 2373.78 2465.34 7 6.5 6.48 126750 Gal 126360 Gal 253110 36,158.6 8/22/2016 2380.28 2471.82 3 2.92 2.96 56940 Gal 57720 Gal 114660 38,220.0 8/25/2016 2383.2 2474.78 5 4.35 4.11 84825 Gal 80145 Gal 164970 32,994.0 8/30/2016 2387.55 2478.89 36,253.3 GPD (avg) 9/7/2016 2396.11 2487.43 1 0.79 0.75 15405 Gal 14625 Gal 30030 30,030.0 9/8/2016 2396.9 2488.18 5 4.53 4.74 88335 Gal 92430 Gal 180765 36,153.0 9/13/2016 2401.43 2492.92 3 3.34 3.34 65130 Gal 65130 Gal 130260 43,420.0 9/16/2016 2404.77 2496.26 4 3.54 3.59 69030 Gal 70005 Gal 139035 34,758.7 9/20/2016 2408.31 2499.85 6 6.03 6.28 117585 Gal 122460 Gal 240045 40,007.5 9/26/2016 2414.34 2506.13 4 4.88 4.81 95160 Gal 93795 Gal 188955 47,238.7 9/30/2016 2419.22 2510.94 38,601.3 GPD (avg) 10/3/2016 2422.11 2513.99 8 8.7 10.18 169650 Gal 198510 Gal 368160 46,020.0 10/11/2016 2430.81 2524.17 6 5.27 5.21 102765 Gal 101595 Gal 204360 34,060.0 10/17/2016 2436.08 2529.38 3 3.18 3.24 62010 Gal 63180 Gal 125190 41,730.0 10/20/2016 2439.26 2532.62 4 3.22 4.19 62790 Gal 81705 Gal 144495 36,123.7 10/24/2016 2442.48 2536.81 7 6.04 6.35 117780 Gal 123825 Gal 241605 34,515.0 10/31/2016 2448.52 2543.16 38,489.7 GPD (avg) 11/4/2016 2452.08 2547.32 3 1.9 1.95 37050 Gal 38025 Gal 75075 25,025.0 11/7/2016 2453.98 2549.27 2 1.56 1.67 30420 Gal 32565 Gal 62985 31,492.5 11/9/2016 2455.54 2550.94 5 4.52 4.98 88140 Gal 97110 Gal 185250 37,050.0 11/14/2016 2460.06 2555.92 7 5.71 5.52 111345 Gal 107640 Gal 218985 31,283.6 11/21/2016 2465.77 2561.44 7 4.41 5.99 85995 Gal 116805 Gal 202800 28,971.4 11/28/2016 2470.18 2567.43 1 0.7 0.74 13650 Gal 14430 Gal 28080 28,080.0 11/29/2016 2470.88 2568.17 30,317.1 GPD (avg) 12/3/2016 2473.07 2570.49 2 2.05 2.12 39975 Gal 41340 Gal 81315 40,657.5 12/5/2016 2475.12 2572.61 7 4.97 4.92 96915 Gal 95940 Gal 192855 27,550.7 12/12/2016 2480.09 2577.53 3 2.5 2.16 48750 Gal 42120 Gal 90870 30,290.0 12/15/2016 2482.59 2579.69 4 2.57 2.34 50115 Gal 45630 Gal 95745 23,936.2 12/19/2016 2485.16 2582.03 8 5.01 5.77 97695 Gal 112515 Gal 210210 26,276.3 Page 2 of 3 Greenway Engineering 12/27/2016 2490.17 2587.8 2 1.45 1.53 28275 Gal 29835 Gal 58110 12/29/2016 2491.62 2589.33 1/4/2017 2495.07 2592.75 2 1.21 1.42 23595 Gal 27690 Gal 51285 1/6/2017 2496.28 2594.17 3 1.39 1.53 27105 Gal 29835 Gal 56940 1/9/2017 2497.67 2595.7 4 2.33 2.63 45435 Gal 51285 Gal 96720 1/13/2017 2500 2598.33 3 1.48 1.49 28860 Gal 29055 Gal 57915 1/16/2017 2501.48 2599.82 2 1.23 1.24 23985 Gal 24180 Gal 48165 1/18/2017 2502.71 2601.06 5 2.82 3.02 54990 Gal 58890 Gal 113880 1/23/2017 2505.53 2604.08 2 1.4 1.57 27300 Gal 30615 Gal 57915 1/25/2017 2506.93 2605.65 2 1.59 1.66 31005 Gal 32370 Gal 63375 1/27/2017 2508.52 2607.31 3 1.45 1.72 28275 Gal 33540 Gal 61815 1/30/2017 2509.97 2609.03 2/6/2017 2513.91 2613.06 3 2.07 1.86 40365 Gal 36270 Gal 76635 2/9/2017 2515.98 2614.92 5 2.82 3.22 54990 Gal 62790 Gal 117780 2/14/2017 2518.8 2618.14 7 4.16 4.22 81120 Gal 82290 Gal 163410 2/21/2017 2522.96 2622.36 2 1.23 1.25 23985 Gal 24375 Gal 48360 2/23/2017 2524.19 2623.61 4 2.31 2.39 45045 Gal 46605 Gal 91650 2/27/2017 2526.5 2626 3/1/2017 2527.89 2627.47 5 2.68 3.23 52260 Gal 62985 Gal 115245 3/6/2017 2530.57 2630.7 1 0.42 0.42 8190 Gal 8190 Gal 16380 3/7/2017 2530.99 2631.12 6 4.14 3.66 80730 Gal 71370 Gal 152100 3/13/2017 2535.13 2634.78 2 1.03 1.02 20085 Gal 19890 Gal 39975 3/15/2017 2536.16 2635.8 4 1.97 3.39 38415 Gal 66105 Gal 104520 3/19/2017 2538.13 2639.19 1 0.4 0.34 7800 Gal 6630 Gal 14430 3/20/2017 2538.53 2639.53 8 4.69 5.3 91455 Gal 103350 Gal 194805 3/28/2017 2543.22 2644.83 4/4/2017 2547.78 2649.68 3 2.11 2.64 41145 Gal 51480 Gal 92625 4/7/2017 2549.89 2652.32 3 2.22 1.84 43290 Gal 35880 Gal 79170 4/10/2017 2552.11 2654.16 3 2.31 2.58 45045 Gal 50310 Gal 95355 4/13/2017 2554.42 2656.74 4 2.7 2.54 52650 Gal 49530 Gal 102180 4/17/2017 2557.12 2659.28 Waiverly Farm Feasibility January 2018 29,055.0 29,627.6 GPD (avg) 25,642.5 18,980.0 24,180.0 19,305.0 24,082.5 22,776.0 28,957.5 31,687.5 20,605.0 24,024.0 GPD (avg) 25,545.0 23,556.0 23,344.3 24,180.0 22,912.5 23,907.6 GPD (avg) 23,049.0 16,380.0 25,350.0 19,987.5 26,130.0 14,430.0 24,350.6 21,382.4 GPD (avg) 30,875.0 26,390.0 31,785.0 25,545.0 28,648.8 GPD (avg) 31,484.4 GPD (year avg.) 20,000 GPD Design avg. Page 3 of 3 FHWA 534 DATA 11113 PUMP STATION klaIGN DATA IDENTIFICATION VDOT INITIAL CONSTRUCTION DESIGN( FLOW AVERAGE DAILY FLOW FROM REST AREA 10000 GPD FLOW OCCURS OVER A 12 HOUR PERIOD 20000 GPD PEAK FACTOR 2.5 ,AVERAGE DESIGN FLOW per day 20000 GPD AVERAGE DESIGN FLOW per minute 14 GPM PEAK DESIGN FLOW 35 GPM PUMP DESIGN FLOW 15 GPM (2 FI'S VELOCITY 'N 13" FORCE MAIN) FORCE MAIN STA110M PIPING: STATION 'PIPING DIAMETER STATION PIPING EQUIVALENT FITTING LENGTH TOTAL EQUIVALENT LENGTH FRICTIIUN HEAL? LOSS (fV100 4. C=120 TOTAL FRICTION LOSS SITE PIPING: DISCHARGE AT REDBUD RUM PUMP STATION STATION PIPING DIAMETER SITE PIPING' EQUIVALENT FITTING LENGTH TOTAL EQUIVALENT LENGTH FRICTION HEAL) LOSS 0100ft}; G-120 70TAL FRICTION LOSS TOTAL FRICTION LOSS STATIC LIFT PUMP OFF LEVEL HIGH POINT IN FORCE MAIN STATIC LIFT TOTAL DYNAMIC HEAD (TI3H) PUMP STATION DIMENSIONS AND ELEVATIONS DIMENSIONS Two Each DIAMETER( OF WETWELL ELEVATION5 "1" TOP OF WETWELL "2" PROPOSED GRADE AT WET WELL "3" EXISTING GRADE AT WET WELL "4" DISCHARGE 4NVERT "5" INFLUENT INVERT .iC" 61 ❑PRA 6 INCHES 25 FEET 100 FEET 125 FEET 1.079 1.3 FEET 6 INCHES 1f3600 FEET 400 FEET 17090 FEET 0.266 45.3 FEET 46.6 FE_ 615.5 FEET 716.0 FEET 10d_5 FEET 147.1 FEET 96 INCHES 628.00 FEET 627.50 FEET 624.50 FEET 623-50 FEET $19-50 FEET 617.00 FEE I REv ry FWA STATE RE" VA FEDERAL AID f'�Ei11ECT ROUSE ICI-[3i31�3{3*�1} I-$1 P'PMS 52333 PUMP STATION (DESIGN DATA IDENTIFr9CATION VDQT DESIGN FLOW AVERAGE DAILY FLOW FROM REST AREA AND OTHER SERVICE AREAS PEAK FACTOR AVERAGE DESIGN FLOW per day AVERAGE DESIGN FLOW per minute PEAK DESIGN FLOW PUMP DESIGN FLOW FORCE MAINMAIN STATION PIPING, STATION PIPING DIAMETER STATION PIPING EO9LAVALENT FITTING LENGTH TOTAL EQUIVALENT LENGTH FRICTION HEAD LOSS (R)100 ft); CT120 TOTAL FRICTION LOSS SITE PIPING: DISCHARGE AT FUTURE PUMP .STATION STATION PIPING DIAMETER SITE PIPING: EQUIVALENT FITTING LENGTH TOTAL EQUIVALEI+TT LENGTH FRICTION HEAD LOSS (&1001I); C=120 TOTAL FRICTION LOSS TOTAL FrIt19M LOS STATIC LIFT PUMP OFF LEVEL HIGH POINT IN FORCE MAIN STATIC LIFT TOTAL DYNAMIC HEAD (rDH) PUMP STATION DIMENSIONS AND EI.EIIATIONS DIMENSIONS Two Each DIAMETER OF WETWELL ELEVATIONS '.I'. TOP OF WETWELL "2" PROPOSE[] GRADE AT WET WELL "3" EXISTING GRADE AT WET WELL 'A" DISCHARGE INVERT "5" INFLUENT INVERT .'6^ HIGH WATER ALARM STATE PRO,EU 06i31-034-1i6, L801 DO$1-034�197, L801 ULTIMATE CAPACITY 320000 GPD 2.5 320000 GPD 222 GPM 566 GPM 550 GPM 6 INCHES 25 FEET 100 FEET 125 FEET 2.953 3.7 FEET a INCHES 6600 FEET 150 FEET 6750 FEET 0.728 49.2 FEET 52_1a FEET 613.5 FEET 582.0 FEET 68.5 FEET 121A FEET 96 INCHES 628.00 FEET 627.50 FEET 624,50 FEET 623.50 FEET F>19.50 FOCI= F 619.00 FEET AIR An Fr=F_r Page 1 PUMP STATION HEAD ANALYSIS Waverly Farm - Feasibility Study - Existing VDOT Pump Station Evaluation Job Number: 4915WG Date: March 12, 2018 XXXXXXX " Enter information where locations are blue" calculated locations, no entry required" Must have the preliminary design of PS system prior to analysis with this spreadsheet Suction water surface elevation 615.50 feet Discharge water surface elevation 716.00 feet high point in FM Static head 100.5 feet Pine Information Si7P tvne Inratinn Pipe 1 6 DIP pump station piping Pipe 2 8 PVC force main Pipe 3 Pipe 4 Pipe 5 Pipe 6 Pipe 1 Pipe 2 Pipe 3 Pipe 4 Pipe 5 Pipe 6 25 16600 Pipe length (feet) Pipe diameter (inches) 6.00 8.00 Pipe C-factor 110 120 Portion of Flow 1.00 1.00 Cross -sectional area (feet) 0.196 0.349 Hydraulic radius 0.125 1 0.167 Number of fittings for each ripe i ripe 2 ripe j ripe 4 ripe b ripe b Gate Valve 1 2 Plug Valve (99% open) Butterfly Valve Swing Check Valve 1 90' Bend 2 45' Bend 10 22.5° Bend 4 11.25' Bend 2 Tee (through) Tee (side out) Cross (through) Cross (side out) Reducer/Increaser 1 1 Dischar a to air 1 Sum of losses in fittings 3.29 4.08 Other miscellaneous losses Sum of minor losses K 1 3.29 1 4.08 Greenway Engineering 181 VDOT - pumphead - existing conditions.xls: PUMPHEAD Page 2 PUMP STATION HEAD ANALYSIS Waverly Farm - Feasibility Study - Existing VDOT Pump Station Evaluation Job Number: 4915WG head loss parameters for following table Minimum flow for results 200 gpm Flow Increment 25 gpm Head Loss Calculations Pipe 1 Pipe 2 Pipe 3 Pipe 4 Pipe 5 Pipe 6 Flow Loss Loss Loss Loss Loss Loss TDH (gpm) (feet) (feet) (feet) (feet) (feet) (feet) (feet) 200 0.39 17.96 0 0 0 0 118.86 225 0.49 22.35 0 0 0 0 123.34 250 0.61 27.16 0 0 0 0 128.27 275 0.73 32.41 0 0 0 0 133.64 300 0.86 38.08 0 0 0 0 139.44 1.01 44.16 0 350 1.17 50.66 0 0 0 0 152.33 375 1.34 57.57 0 0 0 0 159.41 400 1.52 64.89 0 0 0 0 166.90 425 1.71 72.60 0 0 0 0 174.81 450 1.91 80.71 0 0 0 0 183.12 475 2.12 89.21 0 0 0 0 191.83 500 2.34 98.11 0 0 0 0 200.95 525 2.58 107.39 0 0 0 0 210.47 550 2.83 117.06 0 0 0 0 220.38 575 3.08 127.11 0 0 0 0 230.69 600 3.35 137.54 0 0 0 0 241.39 625 3.63 148.34 0 0 0 0 252.47 650 3.92 159.52 0 0 0 0 263.94 Velocity Calculations Pipe 1 Pipe 2 Pipe 3 Pipe 4 Pipe 5 Pipe 6 Flow Velocity Velocity Velocity Velocity Velocity Velocity m(fps) (fps) (fps) (fps) (fps) (fps) 200 2.27 1.28 0 0 0 0 225 2.55 1.44 0 0 0 0 250 2.84 1.60 0 0 0 0 275 3.12 1.76 0 0 0 0 300 3.40 1.91 0 0 0 0 3.69 2.07 0 350 3.97 2.23 0 0 0 0 375 4.26 2.39 0 0 0 0 400 4.54 2.55 0 0 0 0 425 4.82 2.71 0 0 0 0 450 5.11 2.87 0 0 0 0 475 5.39 3.03 0 0 0 0 500 5.67 3.19 0 0 0 0 525 5.96 3.35 0 0 0 0 550 6.24 3.51 0 0 0 0 575 6.52 3.67 0 0 0 0 600 6.81 3.83 0 0 0 0 625 7.09 3.99 0 0 0 0 650 7.38 4.15 0 0 0 0 325 gpm at 147.1' T[ Greenway Engineering 181 VDOT - pumphead - existing conditions.xls: PUMPHEAD Page 3 PUMP STATION HEAD ANALYSIS Waverly Farm - Feasibility Study - Existing VDOT Pump Station Evaluation Job Number: 4915WG Pump Selection Pump Descriptions: Pump 1: 4C313 S&L, 12" IMP Pump 2: Pump 3: Flow (gpm) Pump 1 Curve Pump 2 Curve Pump 3 Curve TDH (ft) TDH (ft) TDH (ft) 200 152.00 225 150.80 250 149.70 275 148.60 300 147.50 325 146.40 350 145.30 375 144.20 400 143.10 425 142.00 450 141.00 475 140.00 500 139.00 525 138.00 550 137.00 575 136.00 600 135.00 625 650 Greenway Engineering 181 VDOT - pumphead - existing conditions.xls: PUMPHEAD 280.00 270.00 260.00 250.00 240.00 230.00 220.00 210.00 200.00 190.00 180.00 170.00 160.00 TD H 150.00 (feetp40.00 130.00 120.00 110.00 100.00 90.00 80.00 70.00 60.00 50.00 40.00 30.00 20.00 10.00 0 200 Pump Comparison Chart - . Station Head Curve 225 250 275 300 325 350 375 Pump 1: 4C313 S&L, 12" IMP 400 425 450 475 500 525 550 575 600 625 650 Flow (gpm) Greenway Engineering 181 VDOT - pumphead - existing conditions.xls Page 1 PUMP STATION HEAD ANALYSIS Waverly Farm -Feasibility Study -Proposed VDOT Pump Station Improvements Job Number: 4915WG Date: March 12, 2018 XXXXXXX " Enter information where locations are blue" calculated locations, no entry required" Must have the preliminary design of PS system prior to analysis with this spreadsheet Suction water surface elevation 615.50 feet Discharge water surface elevation 716.00 feet high point in FM Static head 100.5 feet Pine Information Si7P tvne Inratinn Pipe 1 6 DIP pump station piping Pipe 2 12 PVC force main Pipe 3 Pipe 4 Pipe 5 Pipe 6 Pipe 1 Pipe 2 Pipe 3 Pipe 4 Pipe 5 Pipe 6 25 18500 Pipe length (feet) Pipe diameter (inches) 6.00 12.00 Pipe C-factor 110 120 Portion of Flow 1.00 1.00 Cross -sectional area (feet) 0.196 0.785 Hydraulic radius 0.125 1 0.250 Number of fittings for each ripe i ripe 2 ripe j ripe 4 ripe b ripe b Gate Valve 1 2 Plug Valve (99% open) Butterfly Valve Swing Check Valve 1 90' Bend 2 45' Bend 10 22.5° Bend 4 11.25' Bend 2 Tee (through) Tee (side out) Cross (through) Cross (side out) Reducer/Increaser 1 1 Dischar a to air 1 Sum of losses in fittings 3.29 4.08 Other miscellaneous losses Sum of minor losses K 1 3.29 1 4.08 Greenway Engineering 181 VDOT - pumphead - future conditions.xls: PUMPHEAD Page 2 PUMP STATION HEAD ANALYSIS Waverly Farm -Feasibility Study -Proposed VDOT Pump Station Improvements Job Number: 4915WG head loss parameters for following table Minimum flow for results 300 gpm Flow Increment 25 gpm Head Loss Calculations Pipe 1 Pipe 2 Pipe 3 Pipe 4 Pipe 5 Pipe 6 Flow Loss Loss Loss Loss Loss Loss TDH (gpm) (feet) (feet) (feet) (feet) (feet) (feet) (feet) 300 0.86 5.90 0 0 0 0 107.26 325 1.01 6.84 0 0 0 0 108.35 350 1.17 7.85 0 0 0 0 109.52 375 1.34 8.92 0 0 0 0 110.76 400 1.52 10.05 0 0 0 0 112.07 425 1.71 11.25 0 0 0 0 113.46 450 1.91 12.51 0 0 0 0 114.91 475 2.12 13.82 0 0 0 0 116.45 500 2.34 15.20 0 0 0 0 118.05 525 2.58 16.64 0 0 0 0 119.72 550 2.83 18.14 0 0 0 0 121.47 575 3.08 19.70 0 0 0 0 123.28 600 3.35 21.31 0 0 0 0 125.16 3.63 22.99 C' 0 127.12 650 3.92 24.72 0 0 0 0 129.14 675 4.22 26.51 0 0 0 0 131.23 700 4.53 28.36 0 0 0 0 133.39 725 4.85 30.27 0 0 0 0 135.62 750 5.18 32.23 0 0 0 0 137.91 Velocity Calculations Pipe 1 Pipe 2 Pipe 3 Pipe 4 Pipe 5 Pipe 6 Flow Velocity Velocity Velocity Velocity Velocity Velocity m(fps) (fps) (fps) (fps) (fps) (fps) 300 3.40 0.85 0 0 0 0 325 3.69 0.92 0 0 0 0 350 3.97 0.99 0 0 0 0 375 4.26 1.06 0 0 0 0 400 4.54 1.13 0 0 0 0 425 4.82 1.21 0 0 0 0 450 5.11 1.28 0 0 0 0 475 5.39 1.35 0 0 0 0 500 5.67 1.42 0 0 0 0 525 5.96 1.49 0 0 0 0 550 6.24 1.56 0 0 0 0 575 6.52 1.63 0 0 0 0 600 6.81 1.70 0 0 0 0 7.09 1.77 C 0 0 650 7.38 1.84 0 0 0 0 675 7.66 1.91 0 0 0 0 700 7.94 1.99 0 0 0 0 725 8.23 2.06 0 0 0 0 750 8.51 2.13 0 0 0 0 pump design flow Greenway Engineering 181 VDOT - pumphead - future conditions.xls: PUMPHEAD Page 3 PUMP STATION HEAD ANALYSIS Waverly Farm -Feasibility Study -Proposed VDOT Pump Station Improvements Job Number: 4915WG Pump Selection Pump Descriptions: Pump 1: 4C313 S&L, 12" IMP Pump 2: Pump 3: Flow (gpm)TDH Pump 1 Curve Pump 2 Curve Pump 3 Curve ft TDH ft TDH ft 300 147.00 325 146.00 350 145.00 375 144.00 400 143.00 425 142.00 450 141.00 475 140.00 500 139.00 525 138.00 550 137.00 575 136.00 600 135.00 625 134.00 650 133.00 675 132.00 700 131.00 725 129.50 750 128.00 Greenway Engineering 181 VDOT - pumphead - future conditions.xls: PUMPHEAD 280.00 270.00 260.00 250.00 240.00 230.00 220.00 210.00 200.00 190.00 180.00 170.00 160.00 TD H 150.00 (feetp40.00 130.00 120.00 110.00 100.00 90.00 80.00 70.00 60.00 50.00 40.00 30.00 20.00 10.00 0 300 Pump Comparison Chart -Future VDOT PS Station Head Curve Pump 1: 4C313 S&L, 12" IMP 325 350 375 400 425 450 475 500 525 550 575 600 625 650 675 700 725 750 Flow (gpm) Greenway Engineering 181 VDOT - pumphead - future conditions.xls JN 4915WG WAVERLY FARM SEWER STUDY - REV. MAY 31, 2018 Waverly Farm Development Sewer System Evaluation Appendix 4 Excerpts from the FW 2017 Sanitary Sewer Master Plan Included: Table A-1 FCSA Future Flow Data Figure 1 — FCSA Projected Growth Map 11 Table A-1 FCSA Future Flow Data Location Development Type EDU/ Existing 5 Year 5 Year 5 Year 10 Year 10 Year 10 Year 15 Year 15 Year 15 Year 20 Year 20 Year 20 Year 30 Year 30 Year 30 Year Total Total Total Estimated Acre Average Growth Flow Flow Growth Flow Flow Growth Flow Flow Growth Flow Flow Growth Flow Flow Develop Flow Flow Total Flow (Ac.) Increase Increase (Ac.) Increase Increase (Ac.) Increase Increase (Ac.) Increase Increase (Ac.) Increase Increase ment Increase Increase System (mgd) (EDU) (mgd) (EDU) (mgd) (EDU) (mgd) (EDU) (mgd) (EDU) (mgd) Area By By By Flow :01 1 m I A N L1 I N Vi Lei Woodbine PS Business 2 23 47 0.012 29 58 0.015 32 64 0.016 84 169 0.042 Industrial 9 237 2133 0.533 41 369 0.092 131 1179 0.295 409 3681 0.920 MUIO 8 102 816 0.204 271 2168 0.542 373 2984 0.746 Warehouse 0.35 238 83 0.021 238 83 0.021 Total 0.022 125 863 0.216 537 4359 1.090 73 433 0.108 369 1262 0.316 1104 6917 1.751 1.773 VDOT PS Business 2 60 120 0.030 1 2 0.001 143 286 0.072 204 408 0.102 Industrial 9 103 927 0.232 103 927 0.232 MUIO 8 2 16 0.004 35 280 0.070 37 296 0.074 Total 0.037 60 120 0.030 3 18 0.005 281 1493 0.373 344 1631 0.445 0.482 Rutherford Crossing PS Business 2 18 36 0.009 34 68 0.017 52 104 0.026 Industrial 9 174 1566 0.392 360 1566 0.392 MUIO 8 14 112 0.028 36 288 0.072 88 704 0.176 138 1104 0.276 Total 0.015 32 148 0.037 36 288 0.072 296 2338 0.585 550 2774 0.709 0.724 Red Bud Run PS Business 2 30 60 0.015 30 60 0.015 Industrial 9 284 2556 0.639 99 891 0.223 383 3447 0.862 Residential 4 38 152 0.038 38 152 0.038 Total 0.593 284 2556 0.639 167 1103 0.276 451 3659 1.508 2.101 Stephenson Regional Business 2 6 12 0.003 6 12 0.003 Industrial 9 186 1674 0.419 33 297 0.074 219 1971 0.493 Planned Unit Dev. 4 157 628 0.157 232 928 0.232 389 1556 0.389 Industrial Flow 1.000 Total 0.0381 349 2314 1.579 33 297 0.074 232 928 0.232 614 3539 1.923 1.961 Abrams Creek System Existing System Flows Only Total 0.491 0.491 0.982 Route 50 West PS Business 2 181 362 0.091 64 128 0.032 245 490 0.123 Total 0.072 181 362 0.091 64 128 0.032 245 490 0.195 Opequon WRF 1.268 1.646 1.096 1.322 1.374 0.316 6.530 7.798 Northern Redirect 0.0671 0.292 1.090 1.0661 0.3161 2.905 Page 1 of 4 Legend • w p Pimp Stet—s — For —ins Gravity sewers — Gravity sewers Frederick County Eastern Road Plan Representation: EasternRdPlan_May20l5_Rep ---- New Mq,o Art.,d Impmved Major Arterial ---- New Mi—Art.,d Impmved Minor Arterial •--• New Major Collector Impmved Major Collector •--- New Minor Collector Impr ved Minor Collector Ramp — Roundabout - Trails ONEW Sewer Service Area Parcels Growth Period 0 C". ,t Percels 5 Y— Growth 10 Y—Growth 15 Y— Growth 20 Y—Growth 30 Y—Growth Wnchester r� 1 City of Winchester 1 � 1 i �yA , ' $UCHART 1-fORN FCSA FIGURE 1 M1N,I11Ek1 • Akcwr11Ts • 11nr1NEll Projected Growth Map JN 4915WG PAY -IV/ ff INK N WRIVIIN SEWER STUDY - REV. MAY 31, 2018 Waverly Farm Development Sewer System Evaluation Appendix 5 VDOT PS - 30yr Buildout Preliminary Computation 12 5/30/2018 Page 1 PUMP STATION HEAD ANALYSIS Waverly Farm -Feasibility Study -Proposed VDOT Pump Station Improvements Job Number: INCLUDING 30 yr FIN BUILDOUT XXXXXXX " Enter information where locations are blue" calculated locations, no entry required" Must have the preliminary design of PS system prior to analysis with this spreadsheet Suction water surface elevation 615.50 feet Discharge water surface elevation 716.00 feet high point in FM Static head 100.5 feet Pine Information Si7P tvne Inratinn 4915WG Pipe 1 12 DIP pump station piping Pipe 2 12 PVC force main Pipe 3 Pipe 4 Pipe 5 Pipe 6 Pipe 1 Pipe 2 Pipe 3 Pipe 4 Pipe 5 Pipe 6 25 18500 Pipe length (feet) Pipe diameter (inches) 12.00 12.00 Pipe C-factor 110 120 Portion of Flow 1.00 1.00 Cross -sectional area (feet) 0.785 0.785 Hydraulic radius 0.250 1 0.250 Number of fittings for each PIPE Pipe 1 Pipe 2 Pipe 3 Pipe 4 Pipe 5 Pipe 6 Gate Valve 1 2 Plug Valve (99% open) Butterfly Valve Swing Check Valve 1 90' Bend 2 45' Bend 10 22.5° Bend 4 11.25' Bend 2 Tee (through) Tee (side out) Cross (through) Cross (side out) Reducer/Increaser 1 1 Dischar a to air 1 Sum of losses in fittings 3.29 4.08 Other miscellaneous losses Sum of minor losses K 1 3.29 1 4.08 Greenway Engineering 181 VDOT - pumphead - future FW conditions.xls: PUMPHEAD 5/30/2018 Page 2 PUMP STATION HEAD ANALYSIS Waverly Farm -Feasibility Study -Proposed VDOT Pump Station Improvements Job Number: 4915WG head loss parameters for following table Minimum flow for results 1600 gpm Flow Increment 200 gpm 30 Year Buildout Flow 3,812.50 GPM -Peak flow (pump size) Head Loss Calculations Pipe 1 Pipe 2 Pipe 3 Pipe 4 Pipe 5 Pipe 6 Flow Loss Loss Loss Loss Loss Loss TDH (gpm) (feet) (feet) (feet) (feet) (feet) (feet) (feet) 1600 1.26 131.24 0 0 0 0 233.00 1800 1.59 163.26 0 0 0 0 265.35 2000 1.96 198.47 0 0 0 0 300.92 2200 2.36 236.81 0 0 0 0 339.67 2400 2.81 278.25 0 0 0 0 381.56 2600 3.29 322.75 0 0 0 0 426.54 2800 3.80 370.27 0 0 0 0 474.58 3000 4.36 420.78 0 0 0 0 525.64 3200 4.95 474.25 0 0 0 0 579.71 3400 5.59 530.65 0 0 0 0 636.74 3600 6.25 589.96 0 0 0 0 696.71 3800 6.96 652.14 C 0 759.60 4000 7.70 717.19 0 0 0 0 825.39 4200 8.48 785.07 0 0 0 0 894.05 4400 9.30 855.77 0 0 0 0 965.57 4600 10.16 929.27 0 0 0 0 1039.92 4800 11.05 1005.54 0 0 0 0 1117.09 5000 11.98 1084.58 0 0 0 0 1197.06 5200 12.95 1166.37 0 0 0 0 1279.81 Velocity Calculations Pipe 1 Pipe 2 Pipe 3 Pipe 4 Pipe 5 Pipe 6 Flow Velocity Velocity Velocity Velocity Velocity Velocity m(fps) (fps) (fps) (fps) (fps) (fps) 1600 4.54 4.54 0 0 0 0 1800 5.11 5.11 0 0 0 0 5.67 5.67 0 2200 6.24 6.24 0 0 0 0 2400 6.81 6.81 0 0 0 0 2600 7.38 7.38 0 0 0 0 2800 7.94 7.94 0 0 0 0 3000 8.51 8.51 0 0 0 0 3200 9.08 9.08 0 0 0 0 3400 9.65 9.65 0 0 0 0 3600 10.21 10.21 0 0 0 0 10.78 10.78 C 0 4000 11.35 11.35 0 0 0 0 4200 11.91 11.91 0 0 0 0 4400 12.48 12.48 0 0 0 0 4600 13.05 13.05 0 0 0 0 4800 13.62 13.62 0 0 0 0 5000 14.18 14.18 0 0 0 0 5200 14.75 14.75 0 0 0 0 Pump Flow: 30 yr BO Greenway Engineering 181 VDOT - pumphead - future FW conditions.xls: PUMPHEAD JN 4915WG WAVERLY FARM SEWER STUDY - REV. MAY 31, 2018 Waverly Farm Development Sewer System Evaluation Appendix 6 Map Exhibits Land Bay Exhibit Waverly Farm — Water and Sewer Improvements — On Site Waverly Farm — Water and Sewer Improvements — Off Site 13 JI \ FREDERICK WATER a a 9AA b/ y SEWER & WATER SERVICE AREA COMPREHENSIVE f PLAN ROAD / GRI �!FS GGL� ° r` oHwELL Rp I+ !+yr ® ENLN LAND BAY-2 / LAND BAY-1 30.37 Acres 35.07 Acres ENVIRONMENTAL $ I ` FEATURE 7 LAND \/AND BA BAY-4 1.55 Acres 8.12 Acres LAND BAY-3 _. 47.53 Acres FREDERICK WATER SEWER & WATER T D R SERVICE AREA 4 S) LAND � BAY-5Uol 26.87 Acres /1 Ong \", LAND BAY-7 113.30 Acres a ,VDOT WELCOME ro o LAND �Y \V, -CENTER BAY-8 / ,`"/ 3.23 Acres St 1000 0 1000 2000 SCALE: 1" = 1000' O C N p N U a O N R a � c y NuaLL� °a w o 0 4 0 �a 0 0 0 0 9 az 000 0 0 Z w 4 W6 % Q � (J m 0 _ Lr- ¢> / LLJ ILL >- � z Cf)� Y, Q J m w O 00 ! Y a� 0 Q �o Q z Of O ;D a'b � °Q O DATE: 03/16/2018 LEGEND HW/COMMERCIAL- SCALE: 1" = 1000' DESIGN BY: JMM BUSINESS/INDUSTRIAL - FILE NO. 4915WG 10% /90% SHEET 1 OF 3 tl C N a N U 90` E CK WATER m m c SEDER & WA1 R-SERVICE AREA' i ar COMOREHENSIVE PAN ROAD a, ❑ 3 GOCp o- % FE ELL Rp y ` c a m ENCN /,� lI� � � d �• LAND BAY-2 o q o .IF-3ANDB 3037 Acres �-335.07 A res q a° r-r n a d9 ENVIRON ENTAIL FEATE o 0 O / c7 WA- BAY-4 2[LELEVATED Qo 0 LAND q^ ER STORAGE ' Zw Qo eq LAND BA - gjAces JG' FACILITY Wz D x61.55 Acres / z LD BAY-3 / w 47.53 Acres l ° o N DERIC WAT ° SEW & R Lu 0 6T'D ,R SER EA 7.4 S) LAND (n BAY-5 p EX. 20'. W ER z z 26.87 Acres M W H— U PROP SED PUMP �O Z � z o ,S TATION W � 0 Of e > W a> LAND BAY-7 ° W > w 0 113.30 Acres Q s ti N G/ FREDERICK ° °' 1 a O o WATER PUMP / / Q v ° STATION (VDOT)'� W w Lu o ° 0 ° ° >/N \ VDOT WELCOME / W p CENTER W u) U) 4 J o LAND BUSINESS/INDUSTRIAL > C'6 Q BAY-8 / M FREDERICKWATER 10% /90% Q a a 3.23Acres PUMP STATION HW/COMMERCIAL/ W p 1 (YARDMASTER) Q DATE: 03/16/2018 :®Q v�. Ap � • • °� a'qa � "; SCALE: 1" = 1000' 1000 0 1000 2000 MAT �H LINE SEEp � ' SHE o DESIGN BY: JMM v,3 r° SCALE: 1" = 1000 --- �BBS•—; O� o �� — — — — — — — — — — — — ----------- SHEET020F15WG 0 0; 41 c pgoPoa .fl EX. 20" <El MWIN r o ¢ II •.?ar � �. . EE SHEET 2 .cl �PUMPSTATION ° a� �o k.�:FW'PUMPSTATION (DEHAVEN) r Q 1 FW PUMP STATION (RUTHERFORD) o ° Ij D 6 0 11 O 1 9jtlJ � Qe 0 N Op ob 00 ad n o o 0 �l oQ FWPUMP ST IC)N 00 ao f r FWPUMP STATION (REDBUD) t h. EM / (CAROLL) �o � V O Oo � p" ° ✓ ° . e Q W ~ GRAYSTONE GRAVITY SEWER (APPROXIMATE LOCATION) CONSTRUCTION BY OTHERS z O W U) U O ~ z �z J W LLJ � � > ¢> LLJ i w � 0 O F--= / \ Q' C5 O U Q / Of ILL � �o FREDERICK WATER J = Of 0 SEWER & WATER of LLJ � SERVICE AREA � (n Q 06 of \ I J DATE: 03/16/2018 SCALE: 1" = 1000' 1000 0 1000 2000 DESIGN BY: JMM SCALE: 1" = 1000' FILE NO. 4915WG SHEET 3OF 3 Water Distribution System Analysis Report Waverly Farm Water and Sewer Feasibility Study Frederick County, Virginia March 14, 2018 Revised May 31, 2018 Prepared for: The Walker Group 4720 Montgomery Lane, Suite 1000 Bethesda, MD 20814 Prepared By: Randy L. Kepler, PE Greenway Engineering, Inc. -A& FND%qFI9]1 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Telephone 540-662-4185 Fax 540-722-4185 www. greenwayeng. com #4915 WG A 5/31/2018 JN 4915WG PAY -IV / :Gul WATER MODEL - MAY 31, 2018 CONTENTS Narrative Water Model Scenarios Conclusions and Recommendations Scenario 1 — Average Daily Demand Scenario 2 — Peak Hour Demand Scenario 3 — Peak Hour Demand Plus 1500 gpm Fire Flow Supporting Data JN 4915WG WAVERLY FARM WATER MODEL - MAY 31, 2018 WAVERLY FARM DEVELOPMENT 00,114 Lei01 a E010RI0 H al6]1914 I Narrative The Frederick County Northeast Frederick Land Use Plan recommends commercial, mixed office and industrial, and industrial land use for parcels located in the southwestern quadrant of I-81 Exit 321. This quadrant consists of an assortment of parcels totaling approximately 425 acres. Waverly Farm comprises approximately 46% of the area within this quadrant, of which 51.4± acres is currently within the Sewer and Water Service Area (SWSA) and 145.5± acres is adjacent to the SWSA. Waverly Farm is petitioning Frederick County to include the remaining acreage within the SWSA. As a part of this process, an evaluation of the existing and proposed water system was completed to determine operational issues for the 425- acre quadrant area. This model was based on preliminary design of the land bay. The water model was developed by following standard engineering practices for water modeling and standards as set forth in the Frederick Water's (FW) Water and Sewer Standards and Specifications, most recent revision dated February 20, 2018. The model was developed in Bentley Systems, Haestad Method's WaterCAD, Connect Edition V 10.01. The existing system was sized based on system data provided by FW through the use of fire hydrant flow data. The hydrant test results are included in the flow calculation spreadsheet included in this report. The data provides flow and pressure information found at the end of the existing water system on the VDOT Welcome Center site along I-81 located to the south of the project. The model connects to this one point. Existing grades were used for the project area within the project site. All elevations in the model were set at either the existing ground elevation since a detailed design and hydrant locations for the project have yet to be determined. Where appropriate, a generally conservative elevation (higher elevation than average) within each specific land bay was chosen to ensure appropriate pressures and flows are achieved within whole of each land bay. This will provide a conservative result and ensure model and field results will meet the requirements at the future designed hydrants. The elevations between the model and the existing data were evaluated and calibrated to ensure the supplied data was accurate. Minor losses were added to the model system based on the field and design data. The project will require a water system that will provide a static pressure of at least 20 psi and a fire flow of 1,500 gpm plus peak hour demand while maintaining 20 psi in the remainder of the system. The peak hourly demand on each node was calculated based on the specific land use. Based on the anticipated use, the total average daily demand is 322,233 GPD (223.77 gpm) and peak hour demand for the 425-acre analysis area and the volume used in the model is 1,118.86 gpm. 2 JN 4915WG Water Model Scenarios WAVERLY FARM WATER MODEL - MAY 31, 2018 The model was broken out into 3 scenarios. Flow calculations for the scenarios can be found in the following sections. The scenarios are listed below. • Scenario 1— Average Daily Demand. This scenario was developed to evaluate the proposed water distribution system infrastructure using the allocated water usage demands that correspond to each land bay and total 322,233 GPD (223.77 gpm). • Scenario 2 — Peak Hour Demand. This scenario was completed to evaluate the peak hour demand for full buildout of the development. Pipe sizes and notes were developed to show capacity. • Scenario 3 — Peak Hour Demand Plus 1500 gpm Fire Flow. The scenario was completed to ensure pipe sizes and connections were provided to meet the FW requirements. Steady State Anal The proposed project was evaluated with multiple water lines located throughout the site and surrounding areas. Pipe he sizes can be determined from the system map and pipe flex table for each scenario. Junctions were labeled as land bays where the demand was placed. The steady state analysis for Peak Hour Demand was completed and the results are as follows. • Scenario 2 - The minimum system pressure was found at Land Bay 7 (LB-7) with a pressure of 127 psi. The next lowest was at Land Bay 6 (LB-6) with a pressure of 130 psi. This criteria meets the FW steady state requirement of 20 psi minimum. Fire Flow Anal The fire flow analysis was run on the proposed water system for the development buildout. A fireflow demand of 1,500 gpm was used and evaluated at each critical node while maintaining 20 psi residual system wide. The fire flow analysis included the peak hour flows included in the steady state evaluation. The results are as follows. • Scenario 3 -The minimum system fireflow was found at J-12 with a flow of 2,000 gpm psi with a minimum zone pressure of 54 psi. These results meet the fireflow requirement of 1,500 gpm at 20 psi residual pressure. Conclusions and Recommendations Results of this water model shows that the system designed and connected to the existing 12" line at the VDOT Welcome Center will provide the needed pressures and flows to meet the County and state requirements for the buildout of the 425-acre analysis area. Note that Frederick Water code requires system connection in two locations to the existing distribution system. This model only provides the one point of connection with the Welcome Center connection. 3 JN 4915WG PAY -IV / :Gul WATER MODEL - MAY 31, 2018 Waverly Farm Development Water System Evaluation Scenario 1 — Average Daily Demand with Land Bay Map 3/12/2018 WATER SYSTEM DEMAND-WAVERLY FARM Revised. - Flow Calculations Based on: Virginia Administrative Code - Ch 590 Waterworks Regs - 12VAC5-590-690 Capacity of Waterworks Wastewater Engineering, Metcalf and Eddy, Third Ed., 1991 Section 2-3 Area calculations from developable acres of land bays shown on the Waverly Farms Land Bay Exhibit by Greenway Page 1 JN 4915WG 17-Mar-2017 Flow Calculations Land ay(Commercial) Area: 35.07 acres 10 persons/acre Employees 351 # persons 75 GPD/person Total System Average Daily Demand (ADD)j 26,302.50 G P D 18.27 GPM Peak Hour Demand (PHD)j 131,512.50 GPD 5xADD 91.33 GPM Land Bay 2 (Commercial) Area: 30.37 acres 10 persons/acre Employees 304 # persons 75 GPD/person Total System Average Daily Demand (ADD)j 22,777.50 G P D 15.82 GPM Peak Hour Demand (PHD)j 113,887.50 G P D 5xADD I 79.09 GPM Land Bay 3 (Industrial) Area: 47.53 acres 1 40 persons/acre Employees 1 1,901 # persons I GPD/person Total System Average Daily Demand (ADD)j 47,530.00 G P D 33.01 GPM Peak Hour Demand (PHD)j 237,650.00 G P D 5xADD I 165.03 GPM Land ay (Industrial) Area: 8.12 acres 40 persons/acre Employees 325 # persons 25 GPD/person Total System Average Daily Demand (ADD)j 8,120.00 GPD 5.64 GPM Peak Hour Demand (PHD)j 40,600.00 G P D 5xADD I 28.19 GPM Land Bay 5 (Industrial) Area: 26.87 acres 40 persons/acre Employees 1,075 # persons 25 GPD/person Total System Average Daily Demand (ADD)j 26,870.00 G P D 18.66 GPM Peak Hour Demand (PHD)j 134,350.00 GPD 5xADD I 93.30 GPM Greenway Engineering 4915Waverly Water -Sewer Capacity Study - NT.xls: Waverly Water Capacity Calcs 3/12/2018 WATER SYSTEM DEMAND-WAVERLY FARM Page 2 JN 4915WG 17-Mar-2017 Land Bay 6 (Industrial) Area: 61.55 acres 40 persons/acre Employees 2,462 # persons 25 GPD/person Total System Average Daily Demand (ADD)j 61,550.00 GPD 42.74 GPM Peak Hour Demand (PHD)j 307,750.00 GPD 5xADD I 213.72 GPM Land ay o Industrial, oCommercial)* Area: 113.3 acres 37 persons/acre Employees 4,192 # persons 30 GPD/person Total System Average Daily Demand (ADD)j 125,763.00 GPD 87.34 GPM Peak Hour Demand (PHD)j 628,815.00 GPD 5xADD 436.68 GPM Industrial = 101.97 acres @ 40 persons per acre and 75 gpd per person Commercial = 11.33 acres @ 10 persons per acre and 25 gpd per person Land Bay 8 (Industrial) Area: 3.32 acres 40 persons/acre Employees 133 # persons 25 GPD/person Total System Average Daily Demand (ADD)j 3,320.00 GPD 2.31 GPM Peak Hour Demand (PHD)j 16,600.00 GPD 5xADD I 11.53 GPM Summary Total System Average Daily Demand (ADD) 322,233.00 GPD 223.77 GPM Peak Hour Demand (PHD) 1,611,165.00 GPD 5xADD 1,118.86 GPM Hydrant data from FCSA by Email on 4/18/17 1) - VDOT Rest Area Discharge m Pressure(psi) Head feet Static 146 337 Design 1,428 136 313 Residual 2,076 125 289 Greenway Engineering 4915Waverly Water -Sewer Capacity Study - NT.xls: Waverly Water Capacity Calcs l o FREDERI`CK WATER a 9AA SEWER & WATER SERVICE AREA COMPREHENSIVE`— GG PLAN %�/ AN ROAD MESYELL D u q o O a LAND BAY-2 LAND BAY-1 30.37 Acres / 35.07 Acres q ENVIRONMENTAL' - o� FEATURE :ro o LAND o Q ,p BAY-4 o AND BA - g.12Acres D 61.55 Acres cL ND BAY-3 m 7.53 Acres 9 — y 4 v FREDERICK WATER ° SEWER & WATER o T D R SERVICE AREA 4 S) LAND BAY-5� 26.87 Acres o DO . 0 000 a 4 a 0 0 O a o Po LAND BAY-7 a 113.30 Acres e �VDOT WELCOME 1 z CENTER f o. LAND 3.23 23 Acres 1000 0 1000 2000 SCALE: 1" = 1000' b C N p N U N a O N R a � c y NuaLL� o� Zw ; ♦ W z 4 W J CJ U � Q m 0 E _ Lr- a> / LLJ ILL � z >- Cf)� Q J ¢ OU y, m w ! 0 Q Q 'If�o Q z Of 0 LL o fj �D o^g O O` a °p moo- e o o O. LEGEND DATE: 03/16/2018 HW/COMMERCIAL- SCALE: 1" = 1000' DESIGN BY: JMM BUSINESS/INDUSTRIAL- FILE NO. 4915WG 10% /90% SHEET 1 OF 3 Scenario: ADD (Average Daily Demand) WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Hassled Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 Page 1 of 1 Scenario Summary Report Scenario: ADD (Average Daily Demand) Scenario Summary ID 74 Label ADD (Average Daily Demand) Notes Active Topology <I> Base Active Topology Physical <I> Base Physical Demand <I> Base Demand Initial Settings <I> Base Initial Settings Operational <I> Base Operational Age <I> Base Age Constituent <I> Base Constituent Trace <I> Base Trace Fire Flow <I> Base Fire Flow Energy Cost <I> Base Energy Cost Transient <I> Base Transient Pressure Dependent Demand <I> Base Pressure Dependent Demand Failure History <I> Base Failure History SCADA <I> Base SCADA User Data Extensions <I> Base User Data Extensions Steady State/EPS Solver Calculation <I> Base Calculation Options Options Transient Solver Calculation Options <I> Base Calculation Options Hydraulic Summary Time Analysis Type Steady State Use simple controls during True steady state? Friction Method Hazen- Is EPS Snapshot? False Williams Accuracy 0.001 Start Time 12:00:00 AM Trials 40 Calculation Type Hydraulics Only WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT Page 1 of 1 06795 USA +1-203-755-1666 Pump Definition Detailed Report: Ex-HYD Element Details ID 67 Notes Label Ex-HYD Pump Definition Type Pump Definition Type Standard (3 Design Head 313.00 ft Point) Shutoff Flow 0 gpm Maximum Operating Flow 2,076 gpm Shutoff Head 337.00 ft Maximum Operating Head 289.00 ft Design Flow 1,428 gpm Pump Efficiency Type Best Motor Efficiency 100.0 % Pump Efficiency Type Efficiency Point BEP Efficiency 100.0 % Is Variable Speed Drive? False BEP Flow 0 gpm Transient (Physical) Inertia (Pump and Motor) 0.000 Ib•ftz Specific Speed SI=25, US=1280 Speed (Full) 0 rpm Reverse Spin Allowed? True Graph 350.00 300.00 250.00 — I 200.00 fu fu i = 150.00 100.00 50.00 0.00 0 625 1,250 1,875 2,500 3,125 3,750 4,375 5,000 5,625 Flow (gpm) 120.0 100.0 80.0 v c 3 M 4 60.0 D. m 40.0 20.0 0.0 WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT Page 1 of 1 06795 USA +1-203-755-1666 FlexTable: Pipe Table ID Label Length (Scaled) (ft) Start Node Stop Node Diameter (in) Material Hazen -Williams C Has Check Valve? Minor Loss Coefficient (Local) Flow (gpm) Velocity (ft/s) Headloss Gradient (ft/ft) Has User Defined Length? Length (User Defined) (ft) 32 P-1 451 Ex-HYD J-2 12.0 Ductile Iron 120.0 False 1.500 224 0.63 0.000 False 0 34 P-2 934 J-2 J-3 12.0 Ductile Iron 120.0 False 1.500 90 0.25 0.000 False 0 36 P-3 304 J-3 J-4 12.0 Ductile Iron 120.0 False 1.500 2 0.01 0.000 False 0 38 P-4 318 J-4 J-5 12.0 Ductile Iron 120.0 False 1.500 0 0.00 0.000 False 0 40 P-5 200 J-4 LB-8 12.0 Ductile Iron 120.0 False 1.500 2 0.01 0.000 False 0 42 P-6 215 J-3 LB-7 12.0 Ductile Iron 120.0 False 1.500 87 0.25 0.000 False 0 44 P-7 1,154 J-2 J-8 12.0 Ductile Iron 120.0 False 1.500 134 0.38 0.000 False 0 46 P-8 1,573 J-8 J-9 12.0 Ductile Iron 120.0 False 1.500 115 0.33 0.000 False 0 48 P-9 847 J-9 J-10 12.0 Ductile Iron 120.0 False 1.500 73 0.21 0.000 False 0 50 P-10 1,349 J-10 J-11 12.0 Ductile Iron 120.0 False 1.500 34 0.10 0.000 False 0 52 P-11 845 J-11 J-12 12.0 Ductile Iron 120.0 False 1.500 0 0.00 0.000 False 0 54 P-12 351 J-8 LB-5 12.0 Ductile Iron 120.0 False 1.500 19 0.05 0.000 False 0 56 P-13 566 J-9 LB-6 12.0 Ductile Iron 120.0 False 1.500 43 0.12 0.000 False 0 58 P-14 406 J-10 LB-3 12.0 Ductile Iron 120.0 False 1.500 33 0.09 0.000 False 0 60 P-15 362 J-11 LB-2 12.0 Ductile Iron 120.0 False 1.500 16 0.04 0.000 False 0 62 P-16 481 J-11 LB-1 12.0 Ductile Iron 120.0 False 1.500 18 0.05 0.000 False 0 65 P-17 291 R-1 PMP-1 48.0 Ductile Iron 140.0 False 1.500 224 0.04 0.000 True 1 66 P-18 327 PMP-1 Ex-HYD 12.0 Ductile Iron 140.0 False 1.500 224 0.63 0.010 True 1 69 P-19 407 J-10 LB-4 12.0 Ductile Iron 120.0 False 1.500 6 0.02 0.000 False 0 WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755 Page 1 of 1 -1666 FlexTable: Junction Table ID Label Elevation (ft) Zone Demand Collection Demand (gpm) Hydraulic Grade (ft) Pressure (psi) 30 Ex-HYD 650.00 <None> <Collection: 0 items> 0 985.72 145 31 J-2 665.00 <None> <Collection: 0 items> 0 985.62 139 33 J-3 660.00 <None> <Collection: 0 items> 0 985.59 141 35 J-4 660.00 <None> <Collection: 0 items> 0 985.59 141 37 J-5 675.00 <None> <Collection: 0 items> 0 985.59 134 39 LB-8 660.00 <None> <Collection: 1 items> 2 985.59 141 41 LB-7 675.00 <None> <Collection: 1 items> 87 985.58 134 43 J-8 650.00 <None> <Collection: 0 items> 0 985.54 145 45 J-9 660.00 <None> <Collection: 0 items> 0 985.45 141 47 J-10 650.00 <None> <Collection: 0 items> 0 985.43 145 49 J-11 650.00 <None> <Collection: 0 items> 0 985.42 145 51 J-12 655.00 <None> <Collection: 0 items> 0 985.42 143 53 LB-5 645.00 <None> <Collection: 1 items> 19 985.54 147 55 LB-6 665.00 <None> <Collection: 1 items> 43 985.45 139 57 LB-3 650.00 <None> <Collection: 1 items> 33 985.43 145 59 LB-2 655.00 <None> <Collection: 1 items> 16 985.42 143 61 LB-1 655.00 <None> <Collection: 1 items> 18 985.42 143 68 1 LB-4 650.00 1 <None> I <Collection: 1 items> 1 6 1 985.43 1 145 WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755 Page 1 of 1 -1666 JN 4915WG Waverly Farm Development Water System Evaluation Scenario 2 — Peak Hour Demand With System Map PAY -IV / :Gul WATER MODEL - MAY 31, 2018 Scenario: PHD (Peak Hour Demand) WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Hassled Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 Page 1 of 1 Scenario Summary Report Scenario: PHD (Peak Hour Demand) Scenario Summary ID 80 Label PHD (Peak Hour Demand) Notes Active Topology <I> Base Active Topology Physical <I> Base Physical Demand PHD Peak Factor=5.0 Initial Settings <I> Base Initial Settings Operational <I> Base Operational Age <I> Base Age Constituent <I> Base Constituent Trace <I> Base Trace Fire Flow <I> Base Fire Flow Energy Cost <I> Base Energy Cost Transient <I> Base Transient Pressure Dependent Demand <I> Base Pressure Dependent Demand Failure History <I> Base Failure History SCADA <I> Base SCADA User Data Extensions <I> Base User Data Extensions Steady State/EPS Solver Calculation <I> Base Calculation Options Options Transient Solver Calculation Options <I> Base Calculation Options Hydraulic Summary Time Analysis Type Steady State Use simple controls during True steady state? Friction Method Hazen- Is EPS Snapshot? False Williams Accuracy 0.001 Start Time 12:00:00 AM Trials 40 Calculation Type Hydraulics Only WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT Page 1 of 1 06795 USA +1-203-755-1666 FlexTable: Pipe Table ID Label Length (Scaled) (ft) Start Node Stop Node Diameter (in) Material Hazen -Williams C Has Check Valve? Minor Loss Coefficient (Local) Flow (gpm) Velocity (ft/s) Headloss Gradient (ft/ft) Has User Defined Length? Length (User Defined) (ft) 32 P-1 451 Ex-HYD J-2 12.0 Ductile Iron 120.0 False 1.500 1,119 3.17 0.004 False 0 34 P-2 934 J-2 J-3 12.0 Ductile Iron 120.0 False 1.500 448 1.27 0.001 False 0 36 P-3 304 J-3 J-4 12.0 Ductile Iron 120.0 False 1.500 12 0.03 0.000 False 0 38 P-4 318 J-4 J-5 12.0 Ductile Iron 120.0 False 1.500 0 0.00 0.000 False 0 40 P-5 200 J-4 LB-8 12.0 Ductile Iron 120.0 False 1.500 12 0.03 0.000 False 0 42 P-6 215 J-3 LB-7 12.0 Ductile Iron 120.0 False 1.500 437 1.24 0.001 False 0 44 P-7 1,154 J-2 J-8 12.0 Ductile Iron 120.0 False 1.500 671 1.90 0.001 False 0 46 P-8 1,573 J-8 J-9 12.0 Ductile Iron 120.0 False 1.500 577 1.64 0.001 False 0 48 P-9 847 J-9 J-10 12.0 Ductile Iron 120.0 False 1.500 364 1.03 0.000 False 0 50 P-10 1,349 J-10 J-11 12.0 Ductile Iron 120.0 False 1.500 170 0.48 0.000 False 0 52 P-11 845 J-11 J-12 12.0 Ductile Iron 120.0 False 1.500 0 0.00 0.000 False 0 54 P-12 351 J-8 LB-5 12.0 Ductile Iron 120.0 False 1.500 93 0.26 0.000 False 0 56 P-13 566 J-9 LB-6 12.0 Ductile Iron 120.0 False 1.500 214 0.61 0.000 False 0 58 P-14 406 J-10 LB-3 12.0 Ductile Iron 120.0 False 1.500 165 0.47 0.000 False 0 60 P-15 362 J-11 LB-2 12.0 Ductile Iron 120.0 False 1.500 79 0.22 0.000 False 0 62 P-16 481 J-11 LB-1 12.0 Ductile Iron 120.0 False 1.500 91 0.26 0.000 False 0 65 P-17 291 R-1 PMP-1 48.0 Ductile Iron 140.0 False 1.500 1,119 0.20 0.001 True 1 66 P-18 327 PMP-1 Ex-HYD 12.0 Ductile Iron 140.0 False 1.500 1,119 3.17 0.237 True 1 69 1 P-19 407 J-10 I LB-4 12.0 1 Ductile Iron 120.0 1 False 1 1.500 1 28 1 0.08 1 0.000 1 False 0 WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755 Page 1 of 1 -1666 FlexTable: Junction Table ID Label Elevation (ft) Zone Demand Collection Demand (gpm) Hydraulic Grade (ft) Pressure (psi) 30 Ex-HYD 650.00 <None> <Collection: 0 items> 0 970.99 139 31 J-2 665.00 <None> <Collection: 0 items> 0 969.12 132 33 J-3 660.00 <None> <Collection: 0 items> 0 968.46 133 35 J-4 660.00 <None> <Collection: 0 items> 0 968.46 133 37 J-5 675.00 <None> <Collection: 0 items> 0 968.46 127 39 LB-8 660.00 <None> <Collection: 1 items> 12 968.46 133 41 LB-7 675.00 <None> <Collection: 1 items> 437 968.29 127 43 J-8 650.00 <None> <Collection: 0 items> 0 967.42 137 45 J-9 660.00 <None> <Collection: 0 items> 0 965.68 132 47 J-10 650.00 <None> <Collection: 0 items> 0 965.27 136 49 J-11 650.00 <None> <Collection: 0 items> 0 965.12 136 51 J-12 655.00 <None> <Collection: 0 items> 0 965.12 134 53 LB-5 645.00 <None> <Collection: 1 items> 93 967.40 139 55 LB-6 665.00 <None> <Collection: 1 items> 214 965.58 130 57 LB-3 650.00 <None> <Collection: 1 items> 165 965.23 136 59 LB-2 655.00 <None> <Collection: 1 items> 79 965.11 134 61 LB-1 655.00 <None> <Collection: 1 items> 91 965.10 134 68 1 LB-4 650.00 1 <None> I <Collection: 1 items> 1 28 1 965.27 1 136 WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755 Page 1 of 1 -1666 JN 4915WG PAY -IV / :Gul WATER MODEL - MAY 31, 2018 Waverly Farm Development Water System Evaluation Scenario 3 — Peak Hour Demand Plus 1500 gypm Fire Flow Scenario: PHD Plus 1500 gpm Fire Flow WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Hassled Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 Page 1 of 1 Scenario Summary Report Scenario: PHD Plus 1500 gpm Fire Flow Scenario Summary ID 84 Label PHD Plus 1500 gpm Fire Flow Notes Active Topology <I> Base Active Topology Physical <I> Base Physical Demand <I> PHD Peak Factor=5.0 Initial Settings <I> Base Initial Settings Operational <I> Base Operational Age <I> Base Age Constituent <I> Base Constituent Trace <I> Base Trace Fire Flow <I> Base Fire Flow Energy Cost <I> Base Energy Cost Transient <I> Base Transient Pressure Dependent Demand <I> Base Pressure Dependent Demand Failure History <I> Base Failure History SCADA <I> Base SCADA User Data Extensions <I> Base User Data Extensions Steady State/EPS Solver Calculation Fire Flow Analysis Options Transient Solver Calculation Options <I> Base Calculation Options Hydraulic Summary Time Analysis Type Steady State Use simple controls during True steady state? Friction Method Hazen- Is EPS Snapshot? False Williams Accuracy 0.001 Start Time 12:00:00 AM Trials 40 Calculation Type Fire Flow WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT Page 1 of 1 06795 USA +1-203-755-1666 Fire Flow Node FlexTable: Fire Flow Report Label Fire Flow Iterations Satisfies Fire Flow Constraints? Fire Flow (Needed) (gpm) Fire Flow (Available) (gpm) Flow (Total Needed) (gpm) Flow (Total Available) (gpm) Pressure (Residual Lower Limit) (psi) Pressure (Calculated Residual) (psi) Pressure (Zone Lower Limit) (psi) Pressure (Calculated Zone Lower Limit) (psi) Junction w/ Minimum Pressure (Zone) Pressure (Calculated System Lower Limit) (psi) Junction w/ Minimum Pressure (System) Is Fire Flow Run Balanced? Ex-HYD 2 True 1,500 2,000 1,500 2,000 20 101 20 89 LB-7 89 LB-7 True J-2 2 True 1,500 2,000 1,500 2,000 20 89 20 84 LB-7 84 LB-7 True J-3 2 True 1,500 2,000 1,500 2,000 20 84 20 78 LB-7 78 LB-7 True J-4 2 True 1,500 2,000 1,500 2,000 20 82 20 76 J-5 76 J-5 True J-5 2 True 1,500 2,000 1,500 2,000 20 74 20 78 LB-7 78 LB-7 True LB-8 2 True 1,500 2,000 1,512 2,012 20 81 20 76 J-5 76 J-5 True LB-7 2 True 1,500 2,000 1,937 2,437 20 76 20 78 J-5 78 J-5 True J-8 2 True 1,500 2,000 1,500 2,000 20 86 20 78 LB-6 78 LB-6 True J-9 2 True 1,500 2,000 1,500 2,000 20 69 20 67 LB-6 67 LB-6 True J-10 2 True 1,500 2,000 1,500 2,000 20 68 20 65 LB-1 65 LB-1 True J-11 2 True 1,500 2,000 1,500 2,000 20 60 20 58 LB-1 58 LB-1 True J-12 2 True 1,500 2,000 1,500 2,000 20 54 20 58 LB-1 58 LB-1 True LB-5 2 True 1,500 2,000 1,593 2,093 20 86 20 78 LB-6 78 LB-6 True LB-6 2 True 1,500 2,000 1,714 2,214 20 63 20 69 J-9 69 J-9 True LB-3 2 True 1,500 2,000 1,665 2,165 20 65 20 65 LB-1 65 LB-1 True LB-2 2 True 1,500 2,000 1,579 2,079 20 56 20 58 LB-1 58 LB-1 True LB-1 2 True 1,500 2,000 1,591 2,091 20 55 20 58 LB-2 58 LB-2 True LB-4 2 True 1 1,500 1 2,000 1 1,528 1 2,028 1 20 1 65 1 20 1 65 1 LB-1 65 1 LB-1 True WaterCAD CONNECT Edition Update 1 Waverly Farm Study Prelim WM-CZW.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.01.00.72] 3/13/2018 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755 Page 1 of 1 -1666 COUNTY of FREDERICK Department of Planning and Development 07 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director e�w SUBJECT: Request for Pump & Haul Permit 165 Caldwell Lane, Winchester (PIN#: 63-A-136) DATE: August 27, 2018 Staff has received a request seeking approval of a Pump & Haul Permit for an existing residence at 165 Caldwell Lane, Winchester. 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 is satisfied. This request appears to comply with the code requirements and, therefore, Board consideration of the request is appropriate. Site Information The subject property is located at 165 Caldwell Lane, Winchester and is further identified by Property Identification Number (PIN) 63-A-136 in the Shawnee Magisterial District. The approximately .33-acre property contains a two -bedroom, one bathroom, 1,008 square foot dwelling constructed in 1941. 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 were 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: The structure to be served is one of the following: a. An existing dwelling that has no indoor plumbing and is converting to indoor plumbing, or where an existing onsite sewage system has failed; b. An existing structure used as a place of worship; c. An existing school structure; d. An existing commercial structure; and 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Frederick County Board of Supervisors RE: Pump and Haul Application — 165 Caldwell Lane August 27, 2018 Page 2 2. The Health Department has rejected an application for an onsite sewage system otherwise permitted under this chapter, or an off -site system; and 3. 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 4. 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. In correspondence dated July 23, 2018, 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 due to the well location. 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 165 Caldwell Lane, Winchester. The property owner has also established a relationship with Merritt Sanitation to service the requested pump and haul system. 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 to bring this property into compliance with the requirements with the Frederick County Code and Health Department. Board of Supervisors action on the request to permit a pump and haul system is requested. Attachments CEP/pd Q 0 Application Sewer and Water Service Area Parcels 180 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 360 Feet I Map Created: August 29, 2018 Pump and Haul Permit Request: Tung Vo PIN: 63-A-136 11 QApplication Sewer and Water Service Area Q Parcels B1 (Neighborhood Business District) M1 (Light Industrial District) RP (Residential Performance District) my ► MEMO RIMMm EM m 141 C-ALDWELL LNG ILL LN 63 AL GRILLDWE155 0 87.5 175 1'S9 C-ALDWELLLN 3440 PAPERMILL RD 3450 PAPERMILL RD, 3464 PAPERMILL RD 3496 PAPERMILL RD N WE S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 350 Feet Map Created: August 29, 2018 N ,� 9 W -PUMP AND HAUL INFORMATION- 1. The applicant hereby applies for a permit to remove and transport sewage from: to (property address) (sewage treatment facility) 2. Justification for tpe�ump and Paul application: ' A . n / 3. Br' f description of holding facilities (ty e, capacity, etc.):11 t5ho w 4. Plans and specifications of holding facility (if required) prepared by: (Engin (address) ` r 5. Name of Septic Hauler: UIF— �'00 Hauler Address: Phone: q (; (0�11 - 7,�� SH -`Fr+a d u l C; k-+ z Lord Fairfax District Hauler # 0' 3 DPOR#: P 33W60�7� Frederick County Hauler Permit #: 6. Quantity of sewage to be hauled per day: gallons. Cost per load: 7. Route(s) of transport: 8. Time of day for transport: 9. Emergency response capability: 10. Disposition of Sewage: (attach a copy of agreement with owner of receiving treatment facility) I have read the material included in this package and understand what is required by the Frederick County and the Virginia Department of Health. I also understand that all required material will be complete prior to this application being scheduled for review by the Board of Supervisors. I � Signature: j 4—.- —i Date: _ t)L �.L�i z-0 Signature: Date: 5 151 Windy Mill Lane __ Winchester, VA 22602 ENGINEERING July 9, 2018 Luan Luong 165 Caldwell Lane,: Winchester, VA 22602 Re: Soil and Site Evaluation for 165 Caldwell Lane Dear Mr. Luong: This letter is to inform you of Greenway's soil and site evaluation results for the above - referenced property. A site visit was made on July 3 to evaluate the property for a new drainfield for the existing house. Unfortunately, we are unable to propose a drainfield due to the location of the existing well serving this parcel, and the.well that serves address 179 Caldwell Lane. Both wells are assumed to be class 3C wells, which requires a 100-foot separation between well and drainfield. No soil test pits or auger borings. were completed due to having insufficient area to propose a drainfield. Based on available health department documents, a septic denial was issued in 1983. The sketch from that denial shows an existing septic tank directly behind the house with a discharge line. A well permit was issued "n 1999 to drill a 3B well, but that well does not appear to have been drilled. I have attached a sketch on an aerial: overview showing the approximate locations of the existing wells and the 100 foot buffer. If you have any questions regarding the system or Greenway's evaluation, please feel free to call our office at any time. Sincerely, Greenway Engineering r Stephen White, AOSE, LPSS W ..J . 1.1.. ..::1 Page 1 of 2 Frederick County - City of Winchester Health V'DHOF VIRGINIA Department DEPARTMENT 107 N Kent St. Ste 201 Winchester, VA HEALTH 22601 Pnatw^tiog You and Your f r vironn)efit (540) 722-3480 Voice (540) 722-3479 Fax OSE Denial Tung Vo 115 Cardinal Ln. Winchester, VA 22602 July 23, 2018 Certified Mail 761' 06 Q pp `%1.20 RE: Tax Map: 63-A-136 , HDID: 069-18-0324 165 Caldwell Ln. Winchester, Frederick County, VA 22602 Dear Tung Vo : This letter is to inform you that the Frederick County - City of Winchester Health Department has evaluated your application for a sewage disposal system/water supply permit or certification letter filed on July 11, 2018. This application contained site evaluation and design work related to the referred application pursuant to § 32.1-163.5 and 164 H. of the Code of Virginia, which requires the Health Department to accept private soil evaluations and designs from an Onsite Soil Evaluator (OSE) or a Professional Engineer working in consultation with an OSE for residential development. Unfortunately, we are not able to issue a Construction Permit. The reason for denial is: Insufficient Area due to wells location. This decision is based on the information filed with your application. Site and soil evaluations were made in accordance with the Sewage Handling and Disposal Regulations, the Private Well Regulations, the Alternative Onsite Sewage System Regulations , as well as current agency policy. In accordance with 12 VAC 5-610-230 of the Sewage Handling and Disposal Regulations you have the right to appeal this decision. Your written request for appeal must be received in this office at 107 N Kent St. Ste 201 Winchester, VA, 22601 within thirty (30) days from the date you receive this letter. Please include any facts or other data that would support your appeal. You may also request a refund of the state portion of your application fee if all of the following apply: 1) You are the owner of the property AND 2) You intend to use it as your principle place of residence AND 3) You do not intend to appeal this denial. Address your request to Colin Greene, MD, Director of Lord Fairfax Health District at the above address. Refunds are not available under any other conditions. Please include your social security number with your request. Tax Map: 63-A-136 HDID: 069-18-0324 Page 2 of 2 It is also acceptable to re -apply ( with a pump-n-haul application with approval from Frederick County ) within 90 days of receipt of this letter without paying a second state fee. After 90 days, a new application fee will be required. When denied for any reason, re -application without a state fee within 90 days may include any change up to and including a new site. Please be certain that the re -application documents are complete and follow all applicable regulations and policies to avoid another denial. If you have any questions or if this office may be of further service, please let us know. Sincerely, f. evin I Yost, ,�O4�� Environmental Health Specialist, Sr. CC: Building Official White, Stephen John Private OSE REQUEST FOR PUMP AND HAUL COMMENTS Virginia Department of Health Mail to: Virginia Department of Health Attn: Environmental Health Supervisor 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Virginia Department of Health Attn: Environmental Health Supervisor 107 North Kent Street, Suite 201 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach one copy of the completed application form and all other pertinent information. Applicant's Name: A) �.' V Telephoned 5ZF Mailing Address: Location of the property where the permanent pump and haul system is being requested: VDH Comments: -VIRGINIA DEPARTMENT OF HEALTH �U`S�E ONLY - Date Received 7 - llf � Review Numbed' 1 j2 3 4 5 Date Reviewed �7-23—(_ �—� Revision Required ,r Date Approved 7` f4p- Signature & Date:f s "* Tease Return Form to ADDllcant** (circle one) 7 cy574 ,�`��F iIIl liy4'v1L L`f Vlii i� 0ii«11ii1'a SEWAGE HANDLING AGREEMENT FOR PUMP AND HAUL SYSTEM anc [Septic Hauler] ;nter into this Contract with the County of Frederick, IdZ4ti& YO [Property Owner(s)] Virginia (the "County"), on thig;L day of WHEREAS, in consideratio th County's approval of a pump and haul permit for the property located at l�L and to provide for sewage Collection and disposal services fora pump and haul system and guarantee compliance with all applicable regulations concerning sewage collection and disposal services. THE PARTIES AGREE as follows: The Property Owner will maintain a contract with the specified Septic Hauler and will ensure that the system is being property pumped and that 24-hour call service is maintained for emergency service. The Property Owner will submit annual invoices to the Virginia Department of Health verifying that the system is being property pumped. The Property Owner will procure an inspection from the Virginia Department of Health every three years (from the date of permit issuance) to ensure that the system is in proper working order. The Property Owner grants permission for employees of the County and the Virginia Department of Health to conduct routine field inspections of the system to ensure proper maintenance. The Property Owner understands that violation of the conditions of the pump and haul permit or violation of any applicable regulations concerning sewage collection and disposal services may lead to the revocatic of the pump and haul permit. �eptic Hauler agrees to provide sewage pump and hauling services to the Property Owner at a cost o per load and the Property Owner agrees to pay for such services according to such normal and commercially reasonable terms as the Septic Hauler may provide. _ ff By: VDH Sewage Handling Permit # f [Semtic Hauler] Frederick County Septic Permit # ner/officer/authorized agent must sign for Septic Hauler] Date l� By: � Date S 2/ Propert ✓ Jwner] By: Date [County of Frederick, Virginia] [County Administrator or authorized agent must sign for County] Board of Supervisors Approval Date 107 North Kent Street • Winchester, Virginia 22601-5000