October 10 2018 Board_Agenda_PacketAGENDA
CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUP
WEDNESDAY, OCTOBER 10, 2018
6:00 P.M. AND 7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
6:00 P.M. – Closed Session
The Board of Supervisors will convene in closed session pursuant to Section 2.2-3711 A (3) for discussion or
consideration of the acquisition of real property for a public purpose, or 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.
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 AgendaAttachment
1.Minutes---------------------------------------------------------------------------------------------------- A
Regular Meeting of September 26, 2018
2.Committee Reports
Transportation CommitteeMeeting of September 24, 2018 --------------------------- B
3.Resolution adding Security Drive to Secondary Road System ----------------------------- C
4.Approval of Letter of Support Requested by Potomac Conservancy --------------------- D
MEETING AGENDA PAGE 2
Frederick County Board of Supervisors
Wednesday, October 10, 2018
Board of Supervisors Comments
County Officials
1.Presentation of Resolution of Appreciation to Serena “Renny”Manuel
2.Committee Appointments-----------------------------------------------------------------------------E
a.Extension Leadership Council
Red Bud District Representative, Unexpired 4-year term ending 9/9/19
b.Planning Commission
Member-At-Large, Unexpired 4-year term ending 11/14/21
c.Winchester Regional Airport Authority
4-year term ended 6/30/18(Application of Joseph Bailey received)
d.Shenandoah Area Agency on Aging
4-year term of current Frederick Co. Representative ends 9/30/18 (Not eligible for re-nomination)
Note: The Agency is also seeking nominations for an At-Large Board Member.
e.Shawneeland Sanitary District Advisory Committee
2-year term of Michelle Landon ends 11/9/18 (Eligible for reappointment)
2-year term of Jeff Stevens ends 11/9/18 (Eligible for reappointment)
3.Requests from the Commissioner of the Revenue for Refund -----------------------------F
Toyota Lease Trust --$ 3,713.60
4. 2019 General Assembly Legislative Agenda ---------------------------------------------------G
Committee Business
-None
MEETING AGENDA PAGE 3
Frederick County Board of Supervisors
Wednesday, October 10, 2018________________________________________________________________
Public Hearings (Non Planning Issues)
Amendment to the 2018-2019 Fiscal Year Budget
1.-------------------------------------------H
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: Development
ProjectsFund Supplemental Appropriation in the Amount of $9,370,435.09 for additional funds
for theI81 Bridge/Tevis/Roundabout/Airport Road/Northern Y project.
Planning Commission Business
Public Hearings
Conditional Use Permit #09-18 for Carrie Myers and Matthew Gambino
1.---------I
Submitted for Establishment of a Special Event Facility in the RA (Rural Areas) Zoning District. The
Property is Located at 233 Burnt Factory Road Stephenson, Virginia and is Identified with
Property Identification Number 55-A-152 in the Stonewall Magisterial District
.
Other Planning Business
Request for a Commercial Pump & Haul Permit-1429 S. Pifer Road,
1.------------J
Star Tannery (PIN#: 69-A-15A)The Corners Bar and Grill
Board Liaison Reports
Citizen Comments
Board of Supervisors Comments
Adjourn
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, SEPTEMBER 26, 2018
6:00 AND 7:00P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors:
Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice
Chairman; Blaine P. Dunn; J. Douglas McCarthy; Judith McCann-Slaughter; Shannon G. Trout
and Robert W. Wells were present.
Staff present:
Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information
Officer; Mike Ruddy, Director of Planning; John Bishop, Assistant Director of Planning-
Transportation;Scott Varner, Director of Information Technology; Patrick Barker, Executive
Director of Frederick County Economic Development Authority; andAnn W. Phillips, Deputy
Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to orderat 6:00 p.m.
CLOSED SESSION
Vice Chairman Lofton moved that the Board convene in closed session pursuant to section
2.2-3711 A (5) for discussion concerning a prospective business or industry where no previous
announcement has been made of the business' or industry's interest in locating or expanding its
facilities in the community.Supervisor Dunn seconded the motionwhich carried unanimously on
a voice vote.
At 6:20p.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 Wells. ViceChairman
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 whichthis 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 Dunnseconded the
motion which carried as follows on a roll call vote:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterAye
At 6:22p.m., Chairman DeHavenrecessed the meeting until 7:00 p.m.
CALL TO ORDER
Chairman DeHaven called the meeting to orderat 7:00 p.m.
1
Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes *September 26,2018
INVOCATION
The Reverend Mark Careyof Fellowship Bible Churchdelivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton led the PledgeofAllegiance.
ADOPTION OF AGENDA -APPROVED
Upon motion of Supervisor Slaughter, seconded bySupervisor Dunn,theagenda was
adopted on a voice vote.
CITIZENS COMMENTS-NONE
ADOPTION OF CONSENT AGENDA –APPROVED
Mr. Tierney noted the updated draft resolution regarding the I-81 Corridor Study which
had been modified to reflect the comments of the Metropolitan Planning Organization. Upon
motion of Supervisor Dunn, seconded bySupervisor Slaughter,the consentagenda was adopted
on a voice vote.
-Minutes: Work Session of September 11, 2018-
CONSENT AGENDA APPROVAL
-Minutes: Regular Meeting of September 12,2018-
CONSENT AGENDA APPROVAL
-Finance Committee Report (Attachment 1) -
CONSENT AGENDA APPROVAL
-Parks and Recreation Commission Report (Attachment 2)-
CONSENT AGENDA APPROVAL
-Resolution -Comment on I-81 Corridor Study –Round 2 -
CONSENT AGENDA APPROVAL
A RESOLUTION FOR THE BOARD OF SUPERVISORS
OF THE COUNTY OF FREDERICK, VIRGINIA
TO COMMENT ON THE INTERSTATE 81 CORRIDOR STUDY ROUND 2
WHEREAS, under Senate Bill 971 VDOT is conducting a corridor study for I-81; and,
WHEREAS, VDOT and the Office of Intermodal Planning and Investment are se
individuals and localities on various items under study; and,
WHEREAS, Frederick County representatives attended the second round of public meetings hel
2018 at Lord Fairfax Community College, and
WHEREAS, The Frederick County Board of Supervisors would like to encourag
improvements from Exits 315-317 for the list of recommended improvements due to significant safety,
congestion, and access to alternative facilities concerns, and
WHEREAS, The Frederick County Board of Supervisors would also like to enc
of widening from Exit 317 to the West Virginia State line due to significant expected growth
County and also the Proctor and Gamble Project in West Virginia,
WHEREAS, The Frederick County Board of Supervisors would continue to enco
existing truck parking shortages in our area, and
WHEREAS, The Frederick County Board of Supervisors continues to support t
potential dedicated funding scenarios that are equitably applied
WHEREAS, The Frederick County Board of Supervisors believes a package of dedicated funding sources as
opposed to a singular source would be the best way to meet the c-term needs of the I-81
Corridor, and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick hereby
submits this resolution for the second round of public comment f-81 corridor study and looks forward
to further opportunities for continued involvement.
+ + + + + + + + + + + + + +
BOARD OF SUPERVISORS COMMENTS-None
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes *September 26,2018
CITIZEN COMMENTS-None
COUNTY OFFICIALS:
UPDATE ON COMMUNICATION ACTIVITIES
Public Information Officer Karen Vacchioprovided an update on Communication
Activities.
COMMITTEE APPOINTMENTS
LANI PENDLETONAND SHANNON MOECK APPOINTED TO WINCHESTER-
FREDERICK TOURISM BUREAU -APPROVED
Upon motion of Supervisor Wells,seconded by Supervisor Dunn,Lani Pendletonand
Shannon Moeck were each appointed to the Winchester-Frederick Tourism Bureaufor a3-year
term.The motion carried on a voice vote.
COMMITTEE BUSINESS
FINANCE COMMITTEE
Supervisor Slaughter moved for approval of the following requests:
The Public Safety Communications Director requests a General Fund supplemental appropriation
in the amount of $14,166.88. This amount represents an insurance reimbursement for a lightning
strike. No local funds required.
The Parks & Recreation Director requests a General Fund supplemental appropriation in the
amount of $2,550.This amount represents donated funds forthe purchase of park benches. No
local funds required.
Vice Chairman Loftonseconded the motion whichcarried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterAye
Supervisor Slaughter moved for approval of the following request:
The FCPS Finance Director requests a School Operating Fund and General Fund supplemental
appropriations in the amount of $316,537.71. This amount represents a carry forward of unspent,
restricted grant funds. The committee recommends approval.
Supervisor Trout secondedthe motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
GaryA. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterAye
Supervisor Slaughter moved for approval of the following request:
The FCPS Finance Director requests a School Operating Fund and General Fund supplemental
appropriations in the amount of $186,878,76. This amount represents a carry forward of unspent
FY18 school operating funds for the purchase of a school bus and security equipment. Local
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Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes *September 26,2018
funds are required. The committee recommends approval.
Supervisor Trout secondedthe motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterAye
Supervisor Slaughter moved for approval of the following request:
The Transportation Director requests a public hearing for a Development Projects Fund
supplemental appropriation in the amount of $9,370,435.09.This amount represents additional
funds for the I81 Bridge/Tevis/Roundabout/ Airport Road/Northern Y project. No local funds are
required as the project costs are part of revenue sharing agreements and split between VDOT and
private partners. The committee recommends holding a public hearing.
Vice Chairman Loftonseconded the motion which carried on a voice vote.
Supervisor Slaughter moved for approval of the following request:
The Parks & Recreation Director requests a General Fund supplemental appropriation in the
amount of $41,600 from proffer funds. This amount represents utility infrastructure at Northwest
Sherando Park. The committee recommends approval.
Supervisor Wells seconded the motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterAye
PUBLIC HEARINGS(Non-Planning Items)
–
AMENDMENT TO THE 2018-2019 FISCAL YEAR BUDGET -_FAILED
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 $7,500,000 for the
Acquisition of Land, Design and Construction of a Replacement Robert E. Aylor Middle School.
Supervisor Trout stated she wanted 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.
Chairman DeHaven opened the public hearing. The speakers were as follows:
Shawn Graber, Back Creek District, discussed trust, respect, and integrity as they apply to
the Board’s budgeting procedures. He said he doesnot approve of the way the School Board
spends money, that the old Aylor building should be designated as surplus, and the Board should
not vote to amend the budget with an additional allocation for the Aylor replacement school.
McKenna Southern, Opequon District, said the population is growingand that extra space
in the schools is needed. She said it would be a mistake not to build a larger Aylor replacement
4
Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes *September 26,2018
school.
Joy Kirk, Back Creek District, said Admiral Byrd and James Wood Middle Schools exceed
capacity and that attendance rezoning will be needed. She said the area is growing because of new
homes that have been approved by the Board of Supervisors. She said it is appropriate to build a
school that will serve the students longer.
Brandi Hammond, Shawnee District, said she supports additional funding for the Aylor
replacement school. She noted several new housing developments, and cited growth and the need
for more space. She said she is a parent who is concerned about overcrowding, adding that
denying additional funding will cost more in the long run.
Carrie AnnKite, Shawnee District, noted a recent quote from VDOT regarding 2,500 new
homes within a 2.3-mile radius of exit 317 and the recently approved fire and rescue study
conducted by Fitch & Associates that cited younger demographics in the urban development area.
She said the Board has relied on expert studies for infrastructure and safety needs but has not done
so for school planning. She asked why a smaller school would be built in the area of the county
with the most growth and discussed the School Board’s choice of using Best Practices for teaching
philosophy models.
Dr. David Sovine, Superintendent of Frederick County Public Schools,said he respectfully
requested the Board approve the additional funding matching what the School Boardhad
requested in February of this year. He said the School Board had agreed to surplusthe old Aylor
building once the new building is occupied.
Sophia Guntang, Back Creek District, said that 60% ofthe County’s schools are
overcrowded. She said that a 160,000 square foot building rather than a 140,000 square foot
building is needed.
Kate Guntang, Back Creek District, said the larger sized school building is needed, and
asked the Board members to think about the speeches made by those attending the meetings.
Carrie Takarshsaid she is a teacher at Aylor. She said underfunding Aylor when other
County middle schools are already overcrowded is fiscally irresponsible. She noted growth and
asked thatthe Board not repeat the mistake of building smaller schools.
Mara Guntang, Back Creek District, noted that at the joint meeting of the School Board
and Board of Supervisors the reductions required to build a 140,000 square foot building rather
than a 160,000 square foot building were listed. She said she is confused about why a 160,000
square foot building is thought to be too large when considering the growth in the area. She urged
the Board to approve the additional spending.
Chairman DeHaven closedthe public hearing.
Supervisor Trout moved for approval of the resolution to amend the Fiscal Year 2018-2019
Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of
$7,500,000 for the Acquisition of Land, Design and Construction of a Replacement Robert E.
Aylor Middle School. Supervisor Wellsseconded the motion.
Supervisor Trout stated that the additional funding was needed because of the
community’s exponential growth. She said it would be unwise and fiscally irresponsible to build
the replacement too small. She cited past building projects that were at capacity soon after
opening and said that delays cost money. Supervisor Trout referred to a letter from School Board
5
Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes *September 26,2018
Chairman Lamanna stating that the old Aylor building would be available for surplus. She said the
constituents have asked for more funding.
Vice Chairman Lofton referenced the School Board changing building capacities and a
January statement by school personnel thata school replacement could be built for $39 million.
He said numbers keep changing, and that extra costs are a burden on the County tax payer.
Supervisor McCarthy said the dilemma involves capacity, growth, and costs of that
growth. He said he hoped a compromise could be reached involving the School Board’s
committing by avote to declare the old Aylor building as surplus. He said he was unable to
support additional funding without a commitment from the School Board to surplus the old Aylor
building.
Supervisor Dunn discussed building square footage. He said the Board is trying to work
with the School Board to find a compromise. He noted that additional residents cost the County
rather than bringing in revenue. He noted that each yeara project is postponed, the debt service
goes down allowing the County to borrow more easily.
Supervisor Wells said he would vote in favor of the funding. He said he was disappointed
that the two bodies have not come together in resolution. He noted information gained from
sources in the construction industry saying a school built for $45.5 million will not be large
enough considering the growth in the Opequon District. He noted that the current economy is
good, but it may be different in four years. He said the tax payers would be better served by the
bigger school being built now to meet the needs instead of adding on later.
Supervisor Trout noted that more constituents have spoken in favor of building the larger
school. She said students cannothandle postponing the building replacement. She said standards
of quality are bare minimum standards, but Frederick County has historically offered more than
the bare minimum. She said the tax payers want the County to spend this money.
Supervisor Dunn said he was not advocating postponing the project.
Vice Chairman Lofton noted that the tax revenue from a new home does not come close to
covering the cost of educating one child. He noted that if extra programs are ongoing now, they
could do so in thenew building. He said his constituents are not in favor of giving the schools all
the money they want.
Chairman DeHaven said it is past time to trust the School Board to do what is in the
students’ best interest. He said the School board has continued to deliver excellent service and the
they should be trusted to spend funds wisely and to surplus the old Aylor building as they have
said they would. He said the School Board has continued to work with the County on the
convenience site at Albin. He said it is time to do what is in the best interest of the community and
noted that everything is expensive at the current time.
The motion for approval of the resolution to amend the Fiscal Year 2018-2019 Budget to
Reflect: School Construction Fund Supplemental Appropriation in the Amount of $7,500,000 for
the Acquisition of Land, Design and Construction of a Replacement Robert E. Aylor Middle
School failed on the following roll call vote:
Blaine P. DunnNoShannon G. TroutAye
Gary A. LoftonNoRobert W. WellsAye
6
Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes *September 26,2018
J. Douglas McCarthyNoCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterNo
PLANNING COMMISSION BUSINESS
Public Hearings–
None
Other Planning Items
-None
BOARD LIAISON REPORTS
CITIZEN COMMENTS
Shawn Graber, Back Creek District, thanked the Board for voting no on the budget
amendment. He said the County funds the schools at 136% of the state’s recommended budget
figure. He noted social media activity by school employees encouraging parents to become active
on the funding issue and questioned whether this should happen on County owned equipment and
during school operating hours. He said it is wrong for County resources to be used for such
activities.
Joy Kirk, Back Creek District, said that moving forward she hoped that the two Boards can
work on trust and respect and learn to listen to each other.
Dr. Sovine, Superintendent of Frederick County Public Schools, recognized the students
who have participated in the meetings on the Aylor replacement project. He invited the Board
members to visit the schools and talk with students and teachers.
BOARD OF SUPERVISORS COMMENTS
Supervisor Trout said in light ofthe County’s growth and the cost to educate a child, it
may be time for taxes to be reevaluated.
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor Wells, the meeting was
adjourned at 8:20 p.m.
7
Frederick County Board of Supervisors
Closed Session & Regular Meeting Minutes *September 26,2018
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, September 24, 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), and
Barry Schnoor (Voting)
Committee Members Absent: Mark Davis (Liaison Middletown) and Lewis
Boyer (Liaison Stephens City).
Staff Present: Assistant Director-Transportation John Bishop, Major Steve
Hawkins and Kathy Smith, Secretary
ITEMS FOR INFORMATION ONLY:
Transportation Forum:
1-The Fall Transportation Forum will be held October 25,
2018. There will be refreshments available to Board Members and guests at 5:00 p.m.
and doors will open to the public at 6:00 p.m. with an expected conclusion by 8:00 p.m.
The Board Room will be unavailable for the meeting. Staff is working on a suitable
alternative location.
th
I-81 Corridor Study (See Attached):
2-A brief discussion from the August 27
Transportation Committee meeting regarding the draft resolution that had been sent to
the Committee, as well as, the EDA and MPO. The MPO has drafted a few changes.
Staff noted some of the changes are in the potential funding areas. Also, included in the
MPO draft was that Exit 315 and Exit 317 improvements to widen be extended to the
state line. The Committee discussed those improvements.
Upon a motion by Judith McCann-Slaughter, seconded by Gary Oates the resolution for
the Board of Supervisor to comment on the Interstate 81 Corridor Study to include a
separate, Whereas, for the improvements of Exit 315 and Exit 317 to extend to the state
line for the Board of Supervisors approval.
County Projects Updates:
3-
Tevis Street Extension/Airport Road/I-81 Bridge
: Comments from VDOT have been
addressed and submitted. The right-of-way plats and deeds of dedication are being
finalized. Staff attended the September 19, 2018 Finance Meeting to ensure the budget
line item is aligned with the final pre-bid cost estimate. The Finance Committee
recommended going forward with a Public Hearing. The bid package items are being
compiled to be advertised in October.
Renaissance Drive
: The C
bridge design has been submitted to VDOT and to CSX for their review. 30% design of
the surface street is underway. Also, 30% and an updated cost estimate is expected in
October.
Northern Y:
Currently, 30% design underway.
Coverstone Drive:
No activity currently.
Jubal Early Drive Extension and Interchange with Route 37:
No activity currently.
Upcoming Agenda Items: October:
4-Capital Improvement Programs, Non-Hard
Surface Road paving program, possible. VDOT Traffic Engineer as a guest speaker to
discuss the Highway Safety Improvement Program (HSIP).
TBD:
Oakdale Crossing Traffic Calming Study.
Other:
5-Staff discussed to tentatively cancel the Committee Meeting for December due
to the holiday.
Mr. Bishop also addressed the Committee on upcoming meetings in October, in addition
to, the Fall Transportation Forum. The CTB will be holding a Town Hall meeting at the
Blue Ridge Community College on Wednesday, October 17, 2018 at 4 p.m. Also, VDOT
will be holding the third series of public hearing meeting for the Interstate 81 Corridor
Improvement Plan Projects on Thursday, October 18, 2018 at 5:00 p.m. at the
Shenandoah University Brandt Student Center.
Mr. Bishop updated the Committee on a meeting with the VDOT Traffic Engineering
Staff that Lt. Warren Gosnell, Traffic Division of the , attended as
well. Several potential area crashes and incidents from recent data was discussed. It was
noted that Staff is working to get someone from the Traffic Engineering Department to
speak with the Committee on an overview of the Highway Safety Improvement Program.
Also, the rail highway crossing applications will be taken at the same time. VDOT
Traffic Engineering has asked that we coordinate with CSX and Winchester & Western
st
for any concerns they may have. Those are due November 1.
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
Memorandum
To: Frederick County Board of Supervisors
From: Mark R. Cheran, Zoning and Subdivision Administrator
Date: October 3, 2018
RE: Security Drive
The following additions to the Secondary System of State Highways,
pursuant to the statutory provision or provisions cited, are hereby requested;
the right-of-way for which, including additional easements for cuts, fills and
drainage, as required, is hereby guaranteed:
Security Drive, State Route 1462 0.07 miles
Staff is available to answer any questions.
MRC/dlw
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
RESOLUTION
BY THE
FREDERICK COUNTY BOARD OF
SUPERVISORS
The Board of Supervisors of Frederick County, in regular meeting on the 10th day of
October, adopted the following:
WHEREAS,
the streets described on the attached Form AM-4.3, fully incorporated
Court of Frederick County; and
WHEREAS,
the Resident Engineer of the Virginia Department of Transportation has
advised this Board that the streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of Transportation; and
WHEREAS,
the County and the Virginia Department of Transportation have entered
into an agreement on June 9, 1993, for comprehensive stormwater detention which
applies to this request for addition; and
NOW, THEREFORE, BE IT RESOLVED,
this Board requests the Virginia
Department of Transportation to add the streets described in the attached Form AM-4.3 to
the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the
Subdivision Street Requirements; and
BE IT FURTHER RESOLVED,
this Board guarantees a clear and unrestricted right-of-
way, as described, and any necessary easements for cuts, fills and drainage; and
BE IT FURTHER RESOLVED,
that a certified copy of this resolution be forwarded to
the Resident Engineer for the Virginia Department of Transportation.
Charles S. DeHaven, Jr., Chairman Gary A. Lofton
J. Douglas McCarthy Robert W. Wells
Blaine P. Dunn Shannon G. Trout
Judith McCann-Slaughter
A COPY ATTEST
_____________________________
Kris C. Tierney
Frederick County Administrator
PDRes. #32-18
In the County of Frederick
By resolution of the governing body adopted October 10, 2018
The following VDOT Form AM-4.3 is hereby attached and incorporat
changes in the secondary system of state highways.
A Copy Testee Signed (County Official): ____
Report of Changes in the Secondary System of State Highways
Project/Subdivision Security Drive
Type Change to the Secondary System of State Highways: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions
cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as
required, is hereby guaranteed:
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute:§33.2-705
Street Name and/or Route Number
Security Drive, State Route Number 1462
Old Route Number: 0
From: Route 1092, Independence Drive
To: 0.066 mile south of Route 1092, Independence Drive, a distance of: 0.07
miles.
Recordation Reference: 170007564,010007927,030023422,140006990
Right of Way width (feet) = 50'
VDOT Form AM-4.3 (4/20/2007) Maintenance Division
Date of Resolution: October 10, 2018 Page 1 of 1
COUNTY of FREDERICK
Office of the County Administrator
M E M O R A N D U M
To: Frederick County Board of Supervisors
From: Ann W. Phillips, Deputy Clerk to the Board of Supervisors
Date: 10-4-18
Re: Request by the Potomac Conservancy for Letter of Support
for State Cost-Share Funding for Stormwater and
Agricultural Best Management Practices
===========================================================
Supervisor McCann-Slaughter forwarded a request from Emily
Warner, Senior Director of Land Conservation at the Potomac
Conservancy. Ms. Warner has asked that the Board send a letter
support addressed to Governor Northam regarding state cost-share
funding for stormwater and agricultural best management practices.
A draft letter is provided for your consideration
.
107 North Kent StreetWinchester, Virginia 22601
COUNTY of FREDERICK
October 11, 2018
The Honorable Ralph Northam
Governor of Virginia
P.O. Box 1475
Richmond, VA 23218
Dear Governor Northam:
On behalf of the County of Frederick,Iwrite to request your support for funding and budget
language that will assist Virginia in meeting its Chesapeake Clean Water Blueprint goals.
Please include the following in your 2020 budget.
$100 million in funding for Virginia’s Agricultural Cost-share Program.
Practices
like fencing cattle out of streams, planting streamside buffers, and many others are the
most cost-effective steps Virginia can take to restore the Bay and local streams. The
current FY20 appropriation of approximately $10 million issignificantly less than what is
needed ($100 million according to the Department of Conservation and Recreation’s
assessment).
$50 million in funding for the Stormwater Local Assistance Fund (SLAF) for FY20
.
We appreciate the FY19 allocation of $20 million to this grant program; however, there is
currently $0 allocated for FY20. As you know, SLAF provides critical matching funds to
local governments like ours to help install urban best management practices.
Frederick County has benefited from the Lord Fairfax Soil and Water Conservation District’s
Virginia Conservation Assistance Program (VCAP) as it continues to provide technical and
financial assistance to treat stormwater at its source, as well as management and mitigation of
stormwater. Stormwater management is one of our most pressing infrastructure challenges.
Polluted runoff is not just an environmental problem -it’s also an economic problem. Investing in
these programs can decrease drinking water treatment costs, minimize local flooding and grow
our regional tourism.
We look forward to helping Virginia meet its 2025 Bay clean-up goals while improving the health
and well-being of our citizens.
Sincerely,
Charles S. DeHaven, Jr.
Chairman At-Large,
107 North Kent Street Winchester, Virginia 22601
Phone 540.665.6382 Fax 540.667.0370
COUNTY of FREDERICK
Jay E. Tibbs
Deputy County Administrator
540/665-5666
Fax 540/667-0370
E-mail:
jtibbs@fcva.us
TO: Board of Supervisors
FROM:
Jay E. Tibbs, Deputy County Administrator
SUBJECT: Proposed 2019 Legislative Initiatives
DATE: October 5, 2018
Attached please find proposed 2019 legislative agenda. Staff sought input from board
members and has attempted to incorporate suggested additions. A copy of the suggested additions is
attached for your reference. We have identified 5 primary initiatives that will be the focus of our lobbying
efforts during the upcoming session. In addition, we have proposed Frederick County positions on a
variety of other legislative items.
Please know this is not a final agenda and, as bills are drafted and
throughout the General Assembly session.
Staff is seeking the of this proposed legislative agenda. Once approved, we will
communicate our initiatives to our state officials and the Virginia Association of Counties for possible
inclusion on their legislative agenda.
If you have any questions, please do not hesitate to contact me.
Attachment
2019 LEGISLATIVE INITIATIVES
FREDERICK COUNTY, VIRGINIA
Priority Items:
1.Reconsideration of SB 549 re Proffers Frederick County encourages the General Assembly to
reconsider the provisions of SB 549, which enacted § 15.2-2303.4 as an amendment to the Code
of Virginia, so that localities might have the flexibility to better work with the development
community in order to address the increased demand for public fa
schools, roads, parks, and public safety services) caused by increased residential growth. At a
minimum, the legislation needs to provide guidelines for localities to follow for implementation.
Further Frederick County supports consideration of legislation that would enable the capturing
of capital costs relative to development through development impact fees or capital cost
recovery.
2.Tax Exemptions Frederick County supports reverting authority to the locality to continue
existing tax exemptions previously granted by the General Assemb
3.Equal Taxing Authority for Counties Eligible for City Status Frederick County supports
legislation to provide equal taxing authority for Counties based
Counties that already have the population density to be eligible
recognized for needing additional taxing authority to address the impacts of urbanization and
higher density, as currently defined in the State Code). Further Frederick County desires
legislation to provide local specific taxing authority to increase taxes on meals and transient
occupancy, without legislative imposition of mandatory specific uses of the realized gain in
revenue.
4.Funding for Transportation Improvements Frederick County supports increased funding for
local transportation improvements. Frederick County supports increased funding for revenue
sharing projects and opposes decreased funding for this program.In addition to funding,
Frederick County seeks support from the General Assembly to assi
Congress to resume long range planning coupled with potential funding strategies for t
Interstate 81 Corridor.
5.Education Funding Frederick County calls upon the Governor and General Assembly to fully
fund the Virginia Standards of Quality as recommended by the Board of Education and the
Standards of Accreditation. Further, Frederick County supports the full reinstatement of the
COCA (Cost of Competing Adjustment) for teachers and support sta
County supports the exclusive use of state lottery proceeds to fund public education.
Other Positions:
1.Wireless Infrastructure Bill - Frederick County opposes any bill which limits local control over
review and regulation of wireless facilities and/or regulates th
applications for approval of wireless facilities.
2.Funding for Jails The state should fully fund any increased costs or operational i
local or regional jails when a change to the definition of state-responsible prisoner or other term
results in an increase.
3.Additional Resources for Department of Corrections Frederick County encourages the
General Assembly to provide sufficient resources to the Departme
they may comply with the Code of Virginia requirement that they take state responsible inmates
within 60 days of being notified by the courts.
4.Medicaid coverage for jail inmates. Frederick County supports legislation to eliminate the
ineligibility of incarcerated inmates to receive Medicaid benefits. Currently state law requires
that incarcerated individuals lose their Medicaid coverage while
local or regional jail budgets, especially with the increasing
numbers of chronically and mentally ill inmates on the rise. This proposed change would also
allow state inmates to receive Medicaid benefits while incarcera
5.Machinery and Tools/BPOL Taxes Frederick County opposes any efforts to restrict local
government revenue sources.
6.Unfunded Mandates Frederick County opposes the enactment of any new mandates on local
governments or school systems unless state appropriations are made to fully fund those
mandates.
7.Tax Incentives for Land Conservation Frederick County supports increasing the tax incentives
in order to encourage landowners to participate in land conserva
2019LEGISLATIVE INITIATIVES
FREDERICK COUNTY, VIRGINIA
Priority Items:
1.Reconsideration of SB 549 re Proffers Frederick County encourages the General Assembly to
reconsider the provisions of SB 549, which enacted § 15.2-2303.4 as an amendment to the Code
of Virginia, so that localities might have the flexibility to better work with the development
community in order to address the increased demand for public faes (e.g.
schools, roads, parks, and public safety services) caused by increased residential growth. At a
minimum, the legislation needs to provide guidelines for localit
2.Taxing Authority Frederick County desires legislation to provide local specific taxing authority
to increase taxes on meals and transient occupancy (motel), without legislative imposition of
mandatory specific uses of realized gain in revenue. This increased taxing authority is to address
the impacts of continued urbanization on all services provided bd to offset
increases in real estate taxes as the main source of new funding
are sustained with discretionary income finances and would not represent a choice between
choosing to pay for medication or rent by low income taxpayers.
3.Funding for Transportation Improvements Frederick County supports increased funding for
local transportation improvements. Frederick County supports in funding for revenue
sharing projects and opposes decreased funding for this program.
Frederick County seeks support from the General Assembly to assi
Congress to resume long range planning coupled with potential funding strategies for the
Interstate 81 Corridor.
4.Education Funding Frederick County calls upon the Governor and General Assembly to fully
fund the Virginia Standards of Quality as recommended by the Board of Education and the
Standards of Accreditation. Further, Frederick County supports the full reinstatement of the
COCA (Cost of Competing Adjustment) for teachers and support sta
County supports the exclusive use of state lottery proceeds to f
5.Tax Exemptions Frederick County supports reverting authority to the locality to continue
existing tax exemptions previously granted by the General Assemb
6.Wireless Infrastructure Bill - Frederick County opposes any bill which limits local control over
review and regulation of wireless facilities and/or regulates th
applications for approval of wireless facilities.
7.Funding for Jails The state should fully fund any increased costs or operational issues faced by
local or regional jails when a change to the definition of state-responsible prisoner or other term
results in an increase.
8.Additional Resources for Department of Corrections Frederick County encourages the
General Assembly to provide sufficient resources to the Department of Corrections in order t
they may comply with the Code of Virginia requirement that they
within 60 days of being notified by the courts.
Other Positions:
1.Medicaid coverage for jail inmates. Frederick County supports legislation to eliminate the
ineligibility of incarcerated inmates to receive Medicaid benefits. Currently state law requires
that incarcerated individuals lose their Medicaid coverage while
local or regional jail budgets, especially with the increasing
numbers of chronically and mentally ill inmates on the rise. This proposed change would also
allow state inmates to receive Medicaid benefits while incarcera
2.Machinery and Tools/BPOL Taxes Frederick County opposes any efforts to restrict local
government revenue sources. Machinery and Tools Tax (M&T) represents $ 7.4 million for the
County and Business and Professional License Tax (BPOL) generates $6.9 million in revenues.
3.Unfunded Mandates Frederick County opposes the enactment of any new mandates on local
governments or school systems unless state appropriations are made to fully fund those
mandates.
4.Tax Incentives for Land Conservation Frederick County supports increasing the tax incentives
in order to encourage landowners to participate in land conserva
Legislative Itemsfor BOS in 2019
I would like the Board to consider the following legislative initiativesto propose to the
2019 General Assembly.
1.Meals Tax adjustment
. Frederick county may adjust its meals tax to the level of any
adjacent jurisdiction.
Reason: Frederick County must continue to provide services to its residents as the
county grows. Those services include money for fire and rescue, schools, and law
enforcement.
People in Frederick County dine in Winchester on a consistent basis which has a higher
tax rate than Frederick County. The meals tax rate is a discretionary tax in that
residents can choose to dine out or not. The real estate tax is amandatorytax.
According to our staff, Frederick County would realize about $6 million more in
additional revenue with this change. If local county restaurants have no objections, we
should consider this option.
2.Capital Cost Recovery / Mitigation Fee
. The county should be allowed to get from
those that build housing units a fee to cover the capital costs generated by that
development.
county for building a development including houses, townhouse, apartment buildings,
and condominiums. According to county staff, each house generates a capital cost to
county residents of more than $20,000. The county should be able to work with and
negotiate with developers to recover any capital costs caused by development and not
be site specific. Capital cost should be borne by those requesting additional services.
The proffer fee must be
has an extremely negative impact on local finances and forces existing residents to pay
for new development. Current law effectively is forcing county residents to subsidize
the cost of development through higher taxes for schools, fire and rescue, parks, roads
and other services. Please support changes to the law which would allow counties to
mitigate the cost of development to those causing the development and not existing
residents.
If a county has a steady state population (i.e. residents born and moving into the county
equal residents dying and moving out of the county), the current real estate and other
population grows, new county capital expenditures are required. Under existing law, the
county is unable to charge those causing the development to pay their full cost of
development. Thus, existing county taxpayers are being asked to subsidize that
development through higher taxes.
A better proposal would allow the county to charge a developer a one-time fee to
mitigate the additional costs associated with development. Those costs would be built
into the costs of the development (houses, retails stores, business centers, etc.). Those
costs should include money for schools (younger families have children which require
new schools), emergency rescue services (older people have more health problems
than younger people), parks (people in congested areas need parks to go to exercise,
get away from surroundings, etc.) to name a few. The extra cost to the ultimate buyer
of a housing unit would be only an extra $100/month assuming a $20,000 cost included
in a mortgage at existing interest rates.
3.Capital Cost Recovery on By Right Land
. The county should ask the General
Assembly to pass a law which allows a county to charge a fee to recover any capital
cost incurred by development.
Reason: Frederick County landowners have the right to build a residence on any 5 acre
lot. However, the occupants of that building still generate a capital cost to the county.
The county should have the means to charge a fee so that the capital costs are borne
by the occupant and not expect all county residents to subsidize their capital costs.
4Other items which were included in the 2018 Legislative Initiatives
. which were
not passed by the General Assembly last year.
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 October 10, 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:
Development Projects Fund Supplemental Appropriation in the Amount of
$9,370,435.09 for Additional Funds for the I-81 Bridge/Tevis/Roundabout/Airport
Road/Northern Y Project.
Upon motion made by _____________________ and seconded by
____________________, the above budget amendment and supplemental appropriation
was _____________ by the following recorded vote:
Charles S. DeHaven, Jr. ____ Blaine P. Dunn ____
Gary A. Lofton ____ Shannon G. Trout ____
J. Douglas McCarthy ____ Judy McCann-Slaughter ____
Robert W. Wells ____
A COPY ATTEST
_____________________________
Kris C. Tierney
Clerk, Board of Supervisors
County of Frederick, Virginia
cc: John A. Bishop, AICP, Assistant Director-Transportation
Cheryl B. Shiffler, Finance Director
C. William Orndoff, Jr., Treasurer
U:\TJP\resolutions\BudgetAmendment(FY2018-2019(DevelopmentProjects-Transportation)101018BdMtg).docx
FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, September 19, 2018
8:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Finance Committee meeting was held in the First Floor Conferen
Wednesday, September 19, 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 liaison: Ellen Murphy, Commissioner
of the Revenue.
Committee Members Absent: William Orndoff, Treasurer (non-voting liaison).
Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director;
Jennifer Place, Budget Analyst; Kris Tierney, County Administrator; Rod Williams, County
Attorney; John Bishop, Transportation Director; LeeAnna Pyles, Public Safe
Director; and Jon Turkel, Assistant Parks & Recreation Director.
Others Present: David Sovine, FCPS Superintendent; and Patty Camery, FCPS Execut
of Finance.
NO ACTION REQUIRED
1.The Finance Director presents FY 2018 Year End financial information. See attached, p. 3 10.
2.The FCPS Finance Director provides FY 2018 Year End financial information and is available for
discussion. See attached, p. 11 36.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
() Items 5 and 8 were approved under consent agenda.
3.The FCPS Finance Director requests a School Operating Fund and General Fund supplemental
appropriations in the amount of $316,537.71. This amount represents a carry forward of
unspent, restricted grant funds. See attached memo, p. 37. The committee recommends
approval.
4.The FCPS Finance Director requests a School Operating Fund and General Fund supplemental
appropriations in the amount of $186,878,76. This amount represents a carry forward of
unspent FY18 school operating funds for the purchase of a schoolty equipment.
Local funds are required. See attached memo, p. 37. The committee recommends approval.
5.() The Public Safety Communications Director requests a General Fund supplemental
appropriation in the amount of $14,166.88. This amount represents an insurance
reimbursement for a lightning strike. No local funds required. 38 40.
6.The Transportation Director requests a public hearing for a Development Projects Fund
supplemental appropriation in the amount of $9,370,435.09. This amount represents
additional funds for the I81 Bridge/Tevis/Roundabout/Airport Roa
local funds are required as the project costs are part of revenu
between VDOT and private partners. See attached information, p. 41 63. The committee
recommends holding a public hearing.
CONDITIONAL USE PERMIT #09-18
Carrie Myers & Matthew Gambino - Special Event Facility
Staff Report for the Board of Supervisors
Prepared: September 28, 2018
Staff Contact: M. Tyler Klein, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission:
09/19/18 Recommend Approval
Board of Supervisors:
10/10/18 Pending
EXECUTIVE SUMMARY & CONCLUSION FOR THE 10/10/18 BOARD OF
SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural
Areas) Zoning District. Should the Board of Supervisors find this application for a special event
facility to be appropriate, The Planning Commission recommends that the following conditions
be attached to the CUP:
1. All review agency comments shall be complied with at all times.
2.An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning Ordinance, shall be submitted to and subject to approval by
Frederick County prior to the establishment of the use.
3.An engineered commercial entrance site plan shall be submitted to and subject to
approval by VDOT, prior to the establishment of the use. Entrance to the subject
property for events shall be limited to the existing private drive from Burnt Factory
Road.
4.The Applicant shall post a sign along their driveway to direct traffic southbound (i.e. a
turn right out only) from the subject property onto Burnt Factory Road.
5.Events shall start no earlier than 10 a.m., all music should end by 10 p.m. and all events
and related activities shall conclude by 11 p.m. Events shall be limited to weekends only
(i.e. Friday through Sunday).
6.Special events may accommodate up to and not to exceed 200 persons.
7.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
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CUP #09-18, Carrie Myers & Matthew Gambino Special Event Facility
September 28, 2018
8.Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, a decision regarding this Conditional Use Permit application
by the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
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CUP #09-18, Carrie Myers & Matthew Gambino Special Event Facility
September 28, 2018
LOCATION:
The subject property is generally located about 0.5 miles north on Burnt Factory
Road (Route 659) from Route 7 west and generally south of Pine Road (Route 661) at 233 Burnt
Factory Road, Stephenson.
MAGISTERIAL DISTRICT:
Stonewall
PROPERTY ID NUMBER:
55-A-152
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Agricultural/Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Vacant/Agricultural
East: RA (Rural Areas) Use: Agricultural/Residential
West RA (Rural Areas) Use: Vacant/Agricultural
PROPOSED USE:
This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special
event facility for weddings, business meetings, birthday parties, showers, reunions and other
similar type events for up to 200 persons.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The property is currently accessed by a Private
Entrance (Residential Type). This entrance would need to be upgraded or a new entrance
Entrance design standards in order
to safely handle event venue traffic. An engineered Commercial Entrance site plan would need
to be submitted to VDOT for review and approval detailing necessary upgrades.
The existing Private Entrance on Burnt Factory Road (Route 659) does not provide adequate
sight distance necessary to be used as a safe entrance for the proposed event venue. Removing
existing trees/vegetation and possible relocation of the entrance may achieve adequate sight
distance. The engineered Commercial Entrance site plan mentioned above, would also identify
necessary work to obtain the required safe sight distance.
A VDOT Land Use Permit shall be obtained prior to any work on upgrading/relocating the
entrance or removing trees/vegetation on VDOT Right-of-Way. The permit is issued by this
office and will require an application fee and surety coverage.
See original comment email dated May 2, 2018.
Page 4
CUP #09-18, Carrie Myers & Matthew Gambino Special Event Facility
September 28, 2018
Frederick County Inspections:
Conditional use request to utilize residential property for
weddings. The area utilized shall comply with The Virginia Uniform Statewide Building Code.
Area utilized is outdoors and not inside the buildings.
Tents 900 square foot or larger require a building permit and inspections. Tent assembly and
approved tent fabric meeting NFPA 701 required.
Please submit a permit application for the tent.
Accessible access for customers shall be provided, including ANSI A117.1-09 approved
restrooms.
See original comment letter dated May 11, 2017.
Winchester-Frederick County Health Department:
This Health Department has reviewed the
request for comments for a Conditional Use Permit to host wedding events on the property
located at 233 Burnt Factory Road, Stephenson, VA 22656; Tax Map #55-A-152. Based upon
information provided by the Applicant, each event will involve only 200 guests. Portable
Restroom Facilities will be available to accommodate the sewage disposal needs of the event; no
additional septic system will be necessary. Also, there will be no permanent facilities for food
preparation on the property; the food service at the event will consist of catering trucks, cook-out
style, or off-site preparation. This Health Department has no objections to the issuance of a
Conditional Use Permit for hosting wedding events, which will commence in the spring of 2019.
Applicant is welcome to contact this Health Department at (540) 722-3480 concerning questions
about any part of this correspondence.
See original comment letter dated April 16, 2018.
Frederick County Fire Marshall:
Approve.
See original comment letter dated April 13, 2018.
Historic Resources Advisory Board:
Approved.
See comment letter dated August 22, 2018.
Planning and Zoning:
This application for a Conditional Use Permit (CUP) to permit the
establishment of a special event facility for private events such as weddings or other similar type
events. A special event facility is a permitted use in the RA (Rural Areas) Zoning District with
a facility or site
utilized for events that are typically conducted on a single day, but which may be conducted for
Page 5
CUP #09-18, Carrie Myers & Matthew Gambino Special Event Facility
September 28, 2018
up to three consecutive days, for which attendance is permitted
special events include, but are not limited to, meetings, confer
and private parties.
The proposed use will take place on an existing 45-acre property (the Applicant also owns two
other parcels south of the property which will not be used for s; PIN: 55-A-151
and 55-A-151A; all three (3) properties are in the Red Bud Agricultural and Forestal District),
which includes a historic federalist style single-family detached residence (known as the
, detached garage and tennis court. The Applicant lives on the
property. The Applicant intends to utilize
office) for special events; the existing home and outbuildings will not be used for special events.
The special event center will be accessed via a gated private driveway from Burnt Factory Road
(Route 659). Portable restroom facilities will also be provided for special events. Existing paved
and gravel parking areas will accommodate up to 25 vehicles; the Applicant intends to construct
an additional gravel parking area for an additional 75 vehicles (shown on the sketch of the
property). There will be no permanent kitchen facilities for use during special events, any food
preparation will be via catering trucks, cook-out style, or off-site preparation. There will be no
alcoholic beverage sales on site; alcoholic beverages will be provided by those renting the
facility.
The property is surrounded by RA (Rural Areas) zoned property, which includes open space,
agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan
of Frederick County and is to
remain agricultural in nature and is not part of any land use study. The Board of Supervisors
District in May 2017 to support additional opportunities for agribusiness and agritourism. The
proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive
Plan and the surrounding properties.
STAFF CONCLUSIONS FOR THE 09/19/18 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural
Areas) Zoning District. Should the Planning Commission find this application for a special event
facility to be appropriate, Staff recommends that the following conditions be attached to the
CUP:
1.All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning Ordinance, shall be submitted to and subject to approval by
Frederick County prior to the establishment of the use.
Page 6
CUP #09-18, Carrie Myers & Matthew Gambino Special Event Facility
September 28, 2018
3.An engineered commercial entrance site plan shall be submitted to and subject to
approval by VDOT, prior to the establishment of the use.
4.Events shall start no earlier than 10 a.m. and all events and related activities shall
conclude by midnight.
5.Special events may accommodate up to and not to exceed 200 persons.
6.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
7.Any expansion or modification of this use will require the approval of a new CUP.
PLANNING COMMISSION SUMMARY AND ACTION FOR THE 09/19/18 MEETING:
The Planning Commission held a public hearing on the proposed CUP for a special event facility
on Wednesday September 19, 2018. Staff provided an overview of the proposed use, noting the
Applicant had satisfied all the County requirements and recommended conditions. The
Applicants also stated their request, and clarified that they resided on the property, and
confirmed they agreed with all of the Staff recommended conditions.
Five (5) members of the public spoke in opposition to the proposed application. Speakers noted
they were all residents on Pine Road, which forms the northern boundary of the subject property.
The primary topics noted in the public comments were: traffic to and from the special event
facility along Pine Road and Burnt Factory Road, concerns over the consumption of alcohol and
the potential for intoxicated drivers, concerns over the hours of operation, events going until
midnight, the number of events throughout the week/weekend, music/loud noise being heard by
adjacent neighbors, and maintaining the rural/residential character of the neighborhood.
The Planning Commission allowed the Applicant to address the public comments. Ms. Carrie
Myers noted that they hoped to be good neighbors and did not support drunk driving in their
community and would work with potential guests to ensure it would not be an issue. Further,
they noted they did not anticipate events going beyond 10 p.m. and are planning to only allow
events on weekends. Commissioner Unger noted that for some events, not everyone serves
alcohol and that not everyone drinks. Following discussion among the Planning Commission, the
Commission asked the Applicant if they would agree to following additional conditions which
may address concerns raised by neighbors including:
Revising the hours of operation to ensure music ended no later than 10 p.m. and all
events (including clean-up, etc.) would concluded by 11 p.m.;
Limiting events to weekends only, specifically, Friday through Sunday;
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CUP #09-18, Carrie Myers & Matthew Gambino Special Event Facility
September 28, 2018
Posting a sign directing traffic to turn right away out from the special event facility onto
southbound Burnt Factory Road; and
Ensuring event traffic to only enter the property through the existing gated private
driveway from Burnt Factory Road.
The Applicant agreed to additional (revised) conditions as proposed by the Planning Commission
and read back by Staff.
The Planning Commission voted 8 3 (Commissioners Kenney, Mohn, and Tripplet No) to
forward the application to the Board of Supervisors with a recommendation of approval with
conditions as amended to address concerns raised by neighbors.
CONCLUSION FOR THE 10/10/18 BOARD OF SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural
Areas) Zoning District. Should the Board of Supervisors find this application for a special event
facility to be appropriate, The Planning Commission recommends that the following conditions
be attached to the CUP:
1.All review agency comments shall be complied with at all times.
2.An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning Ordinance, shall be submitted to and subject to approval by
Frederick County prior to the establishment of the use.
3.An engineered commercial entrance site plan shall be submitted to and subject to
approval by VDOT, prior to the establishment of the use. Entrance to the subject
property for events shall be limited to the existing private drive from Burnt Factory
Road.
4.The Applicant shall post a sign along their driveway to direct traffic southbound (i.e. a
turn right out only) from the subject property onto Burnt Factory Road.
5.Events shall start no earlier than 10 a.m., all music should end by 10 p.m. and all events
and related activities shall conclude by 11 p.m. Events shall be limited to weekends only
(i.e. Friday through Sunday).
6.Special events may accommodate up to and not to exceed 200 persons.
7.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
Page 8
CUP #09-18, Carrie Myers & Matthew Gambino Special Event Facility
September 28, 2018
8.Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
CUP # 09 - 18: Carrie Myers and Matthew Gambino
PINs: 55 - A - 151, 55 - A - 151A, 55 - A - 152 373
PINE RD
Special Event Facility
185
425
PINE RD
Zoning Map
PINE RD
319
343
STAR BROOK
PINE RD
PINE RD
ACRES
405
377
Subdivision
367
BURNT
PINE RD
417
423
PINE RD
FACTORY RD
PINE RD
BURNT
263
433
FACTORY RD
395
PINE RD
295
BURNT
BURNT
PINE RD
FACTORY RD
433FACTORY RD
425
PINE RD
PINE RD
451
385
PINE RD
BURNT
473
FACTORY RD
PINE RD
CUP #09-18
380
BURNT
55 A 152
FACTORY RD
183
STEEPWOOD LN
197
STEEPWOOD LN
CUP #09-18
224
BURNT
202
FACTORY RD
STEEPWOOD LN
2621
BERRYVILLE
55 A 151
PIKE
CUP #09-18
55 A 151A
2663
2597
BERRYVILLE
151
BERRYVILLE
PIKE
BURNT
PIKE
FACTORY RD
¬
«
111
7
BURNT
FACTORY RD
CLARKE
2857
COUNTY
BERRYVILLE
2608
¬
«
PIKE
2853
BERRYVILLE
7
PIKEBERRYVILLE
2682
PIKE
112
BERRYVILLE
2432
BURNT
2708
PIKE
BERRYVILLE PIKE
2718
FACTORY RD
BERRYVILLE
BERRYVILLE
µ
Application
Parcels
Sewer and Water Service Area
Future Rt 37 Bypass
MH1 (Mobile Home Community District)
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
02655301,060Feet
Map Created: August 24, 2018
CUP # 09 - 18: Carrie Myers and Matthew Gambino
PINs: 55 - A - 151, 55 - A - 151A, 55 - A - 152 373
PINE RD
Special Event Facility
185
425
PINE RD
Location Map
PINE RD
319
343
STAR BROOK
PINE RD
PINE RD
ACRES
405
377
Subdivision
367
BURNT
PINE RD
417
423
PINE RD
FACTORY RD
PINE RD
BURNT
263
433
FACTORY RD
395
PINE RD
295
BURNT
BURNT
PINE RD
FACTORY RD
433FACTORY RD
425
PINE RD
PINE RD
451
385
PINE RD
BURNT
473
FACTORY RD
PINE RD
CUP #09-18
380
BURNT
55 A 152
FACTORY RD
183
STEEPWOOD LN
197
STEEPWOOD LN
CUP #09-18
224
BURNT
202
FACTORY RD
STEEPWOOD LN
2621
BERRYVILLE
55 A 151
PIKE
CUP #09-18
55 A 151A
2663
2597
BERRYVILLE
151
BERRYVILLE
PIKE
BURNT
PIKE
FACTORY RD
¬
«
111
7
BURNT
FACTORY RD
CLARKE
2857
COUNTY
BERRYVILLE
2608
¬
«
PIKE
2853
BERRYVILLE
7
PIKEBERRYVILLE
2682
PIKE
112
BERRYVILLE
2432
BURNT
2708
PIKE
BERRYVILLE PIKE
2718
FACTORY RD
BERRYVILLE
BERRYVILLE
µ
Application
Parcels
Sewer and Water Service Area
Future Rt 37 Bypass
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
02655301,060Feet
Map Created: August 24, 2018
ORDINANCE
______________________________
Action:
PLANNING COMMISSION: September 19, 2018 Recommended Approval
BOARD OF SUPERVISORS: October 10, 2018
ORDINANCE
CONDITIONAL USE PERMIT #09-18
CARRIE MYERS & MATTHEW GAMBINO
SPECIAL EVENT FACILITY
WHEREAS, Conditional Use Permit #09-18 for a Special Event Facility,
submitted by Carrie
Myers & Matthew Gambino was considered. The subject property is generally located about 0.5
miles north on Burnt Factory Road (Route 659) from Route 7 west and generally south of Pine Road
(Route 661) at 233 Burnt Factory Road, Stephenson; and is further identified with Property
Identification Number 55-A-152 in the Stonewall Magisterial District; and
WHEREAS,
the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on September 19, 2018 and recommended approval of the Conditional
Use Permit with conditions; and,
WHEREAS,
the Frederick County Board of Supervisors held a public hearing on this
Conditional Use Permit during their regular meeting on October 10, 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 #09-18 for a Special Event Facility on the parcel
identified by Property Identification Number 55-A-152 with the following conditions:
1. All review agency comments shall be complied with at all times.
PDRes #33-18
1
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning Ordinance, shall be submitted to and subject to approval by
Frederick County prior to the establishment of the use.
3. An engineered commercial entrance site plan shall be submitted to and subject to approval by
VDOT, prior to the establishment of the use. Entrance to the subject property for events shall
be limited to the existing private drive from Burnt Factory Road.
4. The Applicant shall post a sign along their driveway to direct traffic southbound (i.e. a turn
right out only) from the subject property onto Burnt Factory Road.
5. Events shall start no earlier than 10 a.m., all music should end by 10 p.m. and all events and
related activities shall conclude by 11 p.m. Events shall be limited to weekends only (i.e.
Friday through Sunday).
6. Special events may accommodate up to and not to exceed 200 persons.
7. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
8. Any expansion or modification of this use will require the approval of a new CUP.
Passed this 10th day of October 2018 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Gary A. Lofton
J. Douglas McCarthy Judith McCann-Slaughter
Shannon G. Trout Blaine P. Dunn
Robert W. Wells
A COPY ATTEST
____________________________
Kris C. Tierney
rator
Frederick County Administ
PDRes #33-18
2
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
SUBJECT: Request for a Commercial Pump & Haul Permit
1429 S. Pifer Road, Star Tannery (PIN#: 69-A-15A)
The Corners Bar and Grill
DATE:
September 28, 2018
________________________________________________________________________
Staff has received a request seeking approval of a commercial Pump & Haul Permit for
an existing nonconforming commercial structure located at 1429 S. Pifer Road in the
Back CreekMagisterial District. The approximately 1.24-acre property contains a 3,410
square foot restaurant which was built in 1941.
The subject property is outside the limits of the Sewer and Water Service Area (SWSA).
Frederick County Code, §161-201.05A, states that the Frederick County Board of
Supervisors, after receiving a written statement from the Health Department, may
This
approve a permanent pump and haul system permit if specific criteria are satisfied.
request appears to comply with the code requirements and, therefore, Board
consideration of the request is appropriate.
Applicable Code Requirements and Analysis
Frederick County Code Chapter 161 addresses Sewage Disposal Systems and, more
specifically, permanent pump and haul systems are addressed in §161-201.05. In 2009,
the County revised its health system ordinance to enable the issuance of permanent pump
and haul system permits only upon the approval of the Board of Supervisors.
Additionally, criteria was established in §161-201.05 to offer guidance in the evaluation
of the merits of a request for a permanent pump and haul system. The following criteria
must be met in order to qualify to apply for a pump and haul system:
u
The structure to be served is one of the following:
u
An existing dwelling that has no indoor plumbing and is
converting to indoor plumbing, or where an existing onsite sewage
system has failed;
,u
An existing structure used as a place of worship;
-u
An existing school structure;
7u
An existing commercial structure; and
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
Frederick County Board of Supervisors
RE: Pump and Haul Application
September 20, 2018
Page 2
u
The Health Department has rejected an application for an onsite sewage
system otherwise permitted under this Chapter, or an off-site system; and
u
All other options for a sewage system (i.e. off-site easement) have been
pursued and found unsatisfactory as evidenced by a denial letter issued by
the Health Department and/or documentation that a neighboring property
owner is uncooperative in giving an easement; and
u
There shall be no additional bedrooms or bathrooms added to the dwelling
or structure as a result of the permitting of a permanent pump and haul
system.
In correspondence dated July 19, 2018, from the Virginia Department of Health, it was
concluded that an onsite sewage disposal system could not be supported by this property
due to insufficient area (fill material under parking area). The property owner has also
been unable to obtain an offsite easement. The property owner has established a
relationship with First Choice Septic Service, LLC to service the requested pump and
haul system.
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 1429 S Pifer Road, Star Tannery. 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
MRC/pd
668
WARDENSVILLE
PIKE
Pump and Haul Permit Request: The Corners Bar and Grill
PIN: 69 - A - 15A
1386
N PIFER RD
1412
N PIFER RD
479
WARDENSVILLE
1147
479
PIKE
N PIFER RD
WARDENSVILLE
PIKE
479
WARDENSVILLE
PIKE
¬
«
55
479
WARDENSVILLE
PIKE
1417
N PIFER RD
69 A 15A
1471
S PIFER RD
Star Tannery
¬
«
55
2410
STAR
TANNERY RD
µ
Application
Frederick County Planning & Development
Parcels
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
090180360Feet
Map Created: September 14, 2018