January 23 2019 Board_Agenda_PacketAGENDA
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JANUARY 23, 2019
5:30 P.M. – BUDGET WORK SESSION
7:00 P.M. - REGULAR MEETING
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
5:30 P.M. – Budget Work Session Call to Order
Adjourn
______________________________________________________________________________________________________________________
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 January 9, 2018-------------------------------------------------- A
b.Budget Work Session of January16, 2019 ----------------------------------------- B
2.Committee Reports
Finance Committee Report of 1/16/19 ----------------------------------------------- C
a.
Human Resources Committee Report of 1/11/19--------------------------------- D
b.
Parks and Recreation Commission Report of 1/8/19 ----------------------------- E
c.
MEETING AGENDA PAGE 2
Frederick County Board of Supervisors
Wednesday, January 23, 2019
Board of Supervisors Comments
County Officials
1.Committee Appointments----------------------------------------------------------------------------F
a.Extension Leadership Council
Back Creek District --Unexpired 4-year term ending 1/14/20
b.ShawneelandSanitary District Advisory Committee
2-year term of Michelle Landon ended 11/9/18 (Eligible for reappointment)
2-year term of Jeff Stevens ended 11/9/18 (Eligible for reappointment)
c.Board of Equalization
3-year term ending 12/31/18 (Seeking applications)
Committee Business
Finance Committee
1.
The Winchester Regional Airport Director requests an Airport fund supplemental appropriation
in the amount of $10,000to hold the “Wings ‘N Wheels” community event. No local funds required.
Approved on Committee consent agenda.
2.The Sheriff requests a General Fund supplemental appropriation in the amount of $2,425. This
amount represents court ordered restitution received. No local funds required.Approved on
Committee consent agenda.
Public Hearings (Non Planning Issues)
-None
Planning Commission Business
Public Hearings
1.
Rezoning #03-18 forCarpers Valley Industrial Park----------------------------------------G
Submitted by Pennoni Associates, Inc.,to Rezone 122.18+/-Acres from the R4
(Residential Planned Community) District to the M1 (Light Industrial) District with Proffers.
The Properties are Located Approximately One Mile East of I-81 on the South Side of
Millwood Pike (Route 50), East of Prince Frederick Drive (Route 781) and Coverstone
Driveand are Identified by Property Identification Numbers 64-A-86 and 64-A-87 in the
Shawnee Magisterial District.
MEETING AGENDA PAGE 3
Frederick County Board of Supervisors
Wednesday, January 23, 2019____________________________________________________________
Other Planning Business
1.Request by Wesley Housing –Resolution for a Local Housing ------------------------H
Revitalization Area(PIN#: 54-A-128)
Board Liaison Reports
Citizen Comments
Board of Supervisors Comments
Adjourn
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JANUARY 9, 2019
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.
Troutand 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; Mark Cheran, Zoning & Subdivision
Administrator; Tyler Klein, Planner;Scott Varner, Director of Information Technology;
Lenny Millholland, Sheriff; Travis Mitchell, Deputy; Patrick Fly, GIS Manager; Cheryl
Shiffler, Finance Director; Jennifer Place, Budget Analyst; Ellen Murphy, Commissioner of
the Revenue; BillOrndoff, Treasurer; Mike Marciano, Human Resources Director; Jason
Robertson, Parks and Recreation Director. and Ann W. Phillips, Deputy Clerk to the Board of
Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to orderat 7:00 p.m.
INVOCATION
Pastor Bobby Alger, Crossroads Community Church deliveredthe invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton led thePledge ofAllegiance.
ORGANIZATION OF BOARD OF SUPERVISORS FOR 2019
A.Election of Vice-Chairman –Gary A. Lofton Elected
Chair DeHaven opened nominations for Vice-Chairman. Supervisor McCarthy
nominated Supervisor Lofton. Supervisor Wellsseconded the motion which
carried unanimously on a voice vote.
B.Adoption of Rules of Procedure -Approved
Supervisor Dunnmoved that the Board adopt the Rules of Procedure Frederick
County Board of Supervisors, adopted May 28, 2003, amended August 8, 2018,
exceptthe last sentence in Section 1-1 Annual Meeting; Schedule of Regular
Meetings,will be expanded by adding the phrase “, except that the Chairman may
cancel a regular meeting in extenuating circumstances.” Hefurther moved that the
Board adoptRobert’s Rules of Order Simplified and Applied. Supervisor
McCarthyseconded the motion. Vice Chairman Lofton expressed concern about
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Regular Meeting Minutes *January 9,2019
the change allowing the Chair to cancel meetings in extenuating circumstances
saying he hoped in the future it can be changed to allow the Chairman to cancel a
meeting after polling the Board members.The motion carried on a voice vote.
RULES OF PROCEDURE
FREDERICK COUNTY BOARD OF SUPERVISORS
Adopted by the Frederick County Board of Supervisors
at a Regular Meeting Held on May 28, 2003
ARTICLE I MEETINGS
Section 1-1. Annual Meeting; Schedule of Regular Meetings
On the second Wednesday of January of each year, or on such othe
may designate, the Board shall assemble in the Board of Supervis
Administration Building, 107 North Kent Street, Winchester, Virginia, or such other
designate, in regular session and conduct its annual or organiza
meeting, the Board shall fix the date, time, and place of all of its regular meetings during the ensuing calendar
year, and shall fix the day on which a regular meeting shall be
weather or other conditions make it hazardous for members to atts shall be made to
the schedule of regular meetings and continued dates of same unl-1416 of
the Code of Virginia, 1950, as amended, are first met, except th
extenuating circumstances.
Section 1-2. Special Meetings
The Board of Supervisors may hold such special meetings as it de
places as it may find convenient. A special meeting can only be
Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended.
Section 1-3. Continued Meetings
Upon majority vote of the members attending, the Board may conti
from time to time as it may find convenient or necessary with no requirement to further advertise or announce.
Section 1-4. Quorum and Method of Voting
At any meeting, a majority of the Supervisors shall constitute a
Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such
question, unless otherwise provided by law or these Rules of Pro
how he or she voted will be recorded for each action taken by thrs.
The Board of Supervisors has elected not to have a tiebreaker, a
1950, as amended.
Section 1-5. Motions
Subject to limitations imposed hereafter in these rules, discuss
permitted for purposes of clarifying the issues and/or the options avai
shall be allowed until a member of the Board moves a specific ac
of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require
When possible, Board members making complex, multi-part, or lengthy motions are requested to provide the
clerk with a written copy of the motion at the time the motion i
Section 1-6. Motion to Adjourn
At a meeting of the Board, a motion to adjourn shall always be i
debate, provided each member of the Board is given a reasonable
Section 1-7. Motions While a Question is Under Debate
When a motion is under debate at a meeting of the Board, no moti
to amend, to refer to committee, for the previous question, for
recess or adjourn.
Section 1-8. Reconsideration of Motions, Etc., Upon Which Vote Has Been Annou
At any meeting of the Board, when any vote upon any motion, reso
been previously announced, it may not be reconsidered unless andto that effect is presented by a
member of the Board who previously voted with the prevailing sid
question was considered. Any such motion to reconsider shall be
present at the time such motion to reconsider is presented.
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Regular Meeting Minutes *January 9,2019
Section 1-9. Roberts Rules of Order; Suspending Rules [Amended 09/14/11] [Am
The proceedings of the Board of Supervisors, except as otherwise
applicable State law, shall be governed by the latest version of Roberts Ru
with the exception of motions to postpone. Motions to postpone
of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable.
These Rules of Procedure of the Board may only be suspended on p
effect, which is carried by majority vote of the members present
Section 1-10. Board to Sit with Open Doors
The Board of Supervisors shall sit with open doors, and all pers
manner may attend the meetings. However, the Board may hold clo
Closed meetings may be placed on the agenda or may be requested by any member of the Board.
However, no closed meeting shall be convened unless and until th
convene, and then, only if such motion accurately states a lawfung as permitted by
and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended.
Section 1-11. Limitations on Duration and Hour of Meetings; Adjournment
Meetings of the Board of Supervisors shall not continue for mores or later than
11:00 P.M. without the consent of a majority of the members pres
matter or matters before the Board cannot be heard within the ti
of the Board to determine the desire of the members. The Chair shall adjourn or rece
action on the current agenda item unless a majority of the membe
this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda
of the next meeting without further action of the Board.
ARTICLE II - OFFICERS
Section 2-1. Chairman and Vice Chairman [Amended 01/14/09]
At the annual or organizational meeting of the Board of Supervis-1 hereof,
the Board shall elect from its membership a Vice Chair, who shal
December 31st of the same year in which he or she is elected; provided, however, that unless the term of office
has expired and the member has not been re-elected, the Vice Chair shall serve until their respective
successor(s) shall have been elected and qualify. In the event from any meeting, the Vice
Chair shall assume the authority and duties of the Chair. In th
any meeting of the Board, then the members present at such meeti
temporary Chair by majority vote of the members present and voting.
Section 2-2. Authority of the Chairman
The efficient and dignified conduct of public business is the ul
Accordingly, it is the policy of the Board that its meetings be ducted with the highest degree of order and
decorum, and the Board will permit no behavior, which is not in
The Chairman shall preserve order and decorum at all meetings.
and shall ensure that speakers comments are limited to the issue before the
any limitations on time are observed. The Chairman shall ensure
are permitted to do so without interruption or comment during their presentation. The Chair shall determine if
statements are demeaning, inappropriate, or out of order, and sh
right to continue.
The Chairman may order the expulsion of any person for violation of rules, disruptive behavior, or any words or
action that incite violence or disorder, subject to appeal to th
readmitted for the remainder of the meeting from which he was exn so expelled
and who at a later meeting again engages in words or actions jus
attendance at future meetings of the Board for a specified and r
months or upon a still subsequent expulsion, a period not to exceed one year, either by the Chairm
appeal to the Board, or by motion passed by the Board.
The Chairman shall have the power to administer an oath of hones
submitted to the Board or connected with its powers and duties. The power to admin
the Chair in this section shall be no greater than the same powe-1410 of the Code of
Virginia, 1950, as amended.
Section 2-3. Clerk
The Clerk of the Board shall be the County Administrator, and the duti
position shall be as specified in Sections 15.2-407 and 15.2-1539 of the Code of Virginia, 1950, as amended. At
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Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
the discretion of the Board, any county employee can be designated as Deputy Clerk, or Temporary Clerk, as the
circumstances may require, and said employee shall have the same
duration of said appointment.
ARTICLE III - AGENDA
Section 3-1. Preparation
The Clerk shall prepare an agenda for each meeting of the Board of Sup
order of business specified in Section 4-1 under Order of Business. Supporting information for every ite
placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon
on the Thursday that falls in the week immediately prior to the
special meetings shall be prepared as far in advance as the circg the special meeting
allow. The clerk shall include on the agenda all matters for wh
have been received in advance of the deadline herein established
Section 3-2. Delivery
Each member of the Board shall receive the regular meeting agenda, along with the supporting
information available to staff, on the Friday of the week prior
and fourth Wednesdays of each month. Special meeting agendas anation will be delivered
as far in advance as the circumstances necessitating the special
Section 3-3. Posting and Notice [Amended 02/14/18]
A copy of the meeting agendas shall be made available in the Offof
the date and time the information is distributed to members of t
county web page at www.fcva.us, and outside the main entrance to
Section 3-4. Copies [Amended 02/14/18]
Individuals desiring complete copies of agenda packages shall ar
the information desired.
ARTICLE IV - CONDUCT OF BUSINESS
Section 4-1. Order of Business [Amended 06/11/03]; [Amended 01/14/04]; [Amend02/14/18];
[Amended 08/08/18]
At meetings of the Board, the order of business should be as fol
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
Section 4-2. Adoption of Agenda
The agenda presented for adoption shall be the agenda prepared alivered as required in Article
III. Additions, deletions, or modifications and/or adoption of
of the members of the Board present at the meeting.
Section 4-3. Consent Agenda
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Frederick County Board of Supervisors
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The Consent Agenda shall be introduced by a motion to approve the Consent Agenda, and shal
considered by the Board as a single item. There shall be no deb
regarding any item on the Consent Agenda, beyond asking questionlarification.
On objection by any member of the Board of Supervisors to inclus
Agenda, that item shall be removed from the Consent Agenda forth
time prior to completing the taking of a vote on the motion to approve the
Consent Agenda. Items which have been objected to and removed f
upon in the original order presented within the agenda.
Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or
enactment of each motion, resolution, or other item of business
individually.
Section 4-4. Citizen Comments Period [Amended 4/14/04] [Amended 01/10/18]; [A
Two Citizen Comments periods shall be furnished during every reg
Supervisors. The first Citizen Comments period shall occur afte
be a time for citizens to address agenda items that are not scheduled for public hearing. A register for persons
desiring to address the Board of Supervisors during this Citizen
beginning of every regular meeting of the Board of Supervisors. g to address the Board of
Supervisors during this period should provide their name, the is
District of residence on the register provided.
The second Citizens Comments period shall occur prior to the Boa Supervisors Comments at the
end of the meeting and shall be a time for citizens to address t
of the regular meeting agenda. Citizens desiring to address thet
required to register; however, each shall state their name and t
their comments.
Each speaker during the Citizen Comments periods shall be limite
comment period per meeting. Individuals speaking during the Citizen Comments periods shall b
three-minute time limitation.
Any person desiring to address the Board of Supervisors during t
required to abide by the rules governing such presentations as set forth in these rules in Article VI-Citizen
Responsibilities.
Members of the Board shall neither engage in debate with, nor sh
questions posed by individuals speaking during the Citizen Comme
Section 4-5. Scheduled Presentations
Any person desiring to address the Board of Supervisors for a pr
be required to abide by the rules governing such presentations a-Citizen
Responsibilities.
Any citizen or staff member who desires to address the Board dur
agenda at a regular meeting shall submit a written request to th
reasonable certainty, the subject matter of the presentation. Such request must be in t
than the agenda deadline specified in Section 3-1 hereof. Only the person requesting to make the presentation
may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time
limit for the presentation itself, which limit can be extended w
questions and discussion of the material presented shall not be mit. Persons making
presentations should be prepared to answer questions and provide
questions from members of the Board.
ARTICLE V - PUBLIC HEARINGS
Section 5-1. Format for Public Hearings
It is the purpose and objective of the Board of Supervisors to give each citizen an opportu
express his/her views on the issue(s) at hand at public hearings
courtesy. While it is often necessary to have a presentation by nt and staff, it is the desire of the Board
to hear from the public; and therefore, the applicant and staff
to accomplish this objective, it is necessary that certain rules hearings of the Board
of Supervisors as follows:
Section 5-2. Order of Business
At public hearings, the order of business will be as follows:
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Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
(a) Identification of Issue and Verification of Notice
(b) Staff and/or Applicant Presentation
(c) Public Comment
(d) Close of Public Hearing
(e) Board Member Questions
(f) Staff, Applicant Response
and/or consideration
(g) Board discussion
Section 5-3. Identification of Issue and Verification of Required Notice
The Chair shall call upon the appropriate county staff member to verify that any required noti
been given and to read or summarize the notice for the benefit o
Section 5-4. Staff and/or Applicant Presentation
The Chair will call upon the appropriate county staff and/or applicant to present such informatio
necessary to explain the action requested of the Board of Superv
summaries for the Supervisors and the public's information and ng, provided that sufficient time will
be allowed to present, properly and fairly, the subject matter.
prior to the hearing, that information should be summarized, and
detail at the meeting.
Section 5-5. Public Comment
Any person desiring to address the Board of Supervisors at a Pub
Supervisors shall be required to abide by the rules governing surules in
Article VI-Citizen Responsibilities.
Prior to permitting public comment, the Chair shall determine, t
approximate number of persons desiring to comment at the public
which speakers are recognized and the length of time each may speak.
Should the Chair determine that the likely number of persons des
number, he may direct that individuals desiring to speak registe and the district
in which they reside. Should registration be required, the Chair
completed before the hearings begin.
Section 5-6. Order of Speaking
Members of the public shall be permitted to speak as the Chair recognizes each, provided that no
member of the public shall be recognized to speak a second time
opportunity to do so. In the event the number of persons desiripeakers shall
be recognized in the order in which they have registered.
In the event the number of speakers results in the continuation
registered but not heard at the initial Public Hearing will be trtunity to speak at the
continued hearing.
Section 5-7. Presentation of Comments
Each person may address the Board as many times as the Chair, in
no speaker shall exceed the total time limit set by the Chair.
Section 5-8. Board Members Questions
Upon completion of a presentation by staff, applicant or member
Board may ask questions to enhance their understanding of the is
action or actions requested. Members of the Board shall not engage in debate w
making the presentation.
Section 5-9. Staff and/or Applicant Response
The Chairman shall call on the staff or applicant for any responerence
to the public hearing presentations.
Section 5-10. Close of Hearing
When the Chair of the Board shall have closed a public hearing,
received.
Section 5-11. Board Discussions and/or Consideration
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Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
At the close of the public hearing, the Board of Supervisors sha
upon the matter set for public hearing. In the event the Board
left open to receive written comments up until the time that a vote is taken.
ARTICLE VI - CITIZEN RESPONSIBILITIES
Section 6-1. Application of Rules
Any person desiring to address the Board of Supervisors during a
public comment shall be required to abide by the rules governing such presentations as hereafter s
these rules.
Section 6-2. Addressing the Board
All persons speaking at a meeting of the Board during any portio
comment shall address their comments to the Board of Supervisors and shall limit their comments
before the Board of Supervisors. Speakers shall not engage in d
public. Questions shall not be asked of other speakers but may ted to the Chairman of the Board for
consideration by the Board in later deliberating the matter.
Section 6-3. Conduct while Speaking/Conduct While Not Speaking
Persons speaking at a meeting of the Board of Supervisors shall Cursing
or other obscene language or gestures, threats, insults, or othe
fight, brawl, or other such disorderly response will not be perm
this section will be removed as provided for in section 2-2 of these rules. Board members are expected to
observe the same decorum at all meetings.
Section 6-4. Name and Magisterial District of Residence [Amended 02/14/18]
Individuals addressing the Board during any portion of a meeting designated for public comment shall
clearly state their name and Magisterial District of residence p
person be recognized to speak more than once, they shall identifaking.
Section 6-5. Organizational Representation
Any person speaking at any portion of a meeting designated for p
himself as being an officer or representative of an organizationity,
shall, upon request of a member of the Board, disclose for the o
other entity, the history, size, dues, structure, date of creati
shall reveal the organizations method of determining its official position and the speake
represent the organization. Unreasonable failure to provide this
Supervisors shall bar the speaker from speaking on behalf of the organization.
Section 6-6. Order of Speaking
Persons speaking during any portion of a meeting designated for
order in which they are recognized and called upon by the Chair.
Section 6-7. Time Limits
All persons speaking during any portion of a meeting designated for public comment
time limits established herein and shall yield the floor when in
Section 6-8. Registration [Amended 02/14/18]
Should registration of speakers be required, all persons desiring to speak shall sign the regist
providing their name and Magisterial District of residence.
Section 6-9. Written Copy of Comments
Speakers are requested, but not required, to leave written stateh the Clerk
or Deputy Clerk of the Board to be incorporated into the written
Section 6-10. Information Sources
No person who speaks or otherwise presents information during an
for public comment shall knowingly present false or untrue information to the Board of
upon request of any Board Member, provide the source of any info
ARTICLE VII APPOINTMENTS
Section 7-1. Appointments by the Chairman of the Board
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Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
The Chairman shall appoint members of the Board to such authorit
committees or other organizations or positions as the Board shal
members to Boards standing committees.
The following positions are appointed by the Chairman each January.
STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN:
Finance Committee Code and Ordinance 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 & Rescue Association
County Representatives to the Frederick County-Winchester Joint Finance Committee
Section 7.2. Appointments by the Board of Supervisors [Amended 01/25/06]; [Amended 02/14/18];
[Amended 08/08/18]
Each board member may nominate citizen members to be appointed t
commissions, and committees where a representative is needed fromagisterial district
or for the county at large. (Note: A current list of boards and
www.fcva.us.) A majority vote of those board members present shall be requnt a nominee to said
authority, board, commission, or committee. Prior to Board acti
process shall be followed:
1. Applications are required for positions on bodies created by the
non-Frederick County boards such as regional or community-based bodies, the Board of Supervisors
will accept and consider nominations from those boards while res
preferred candidate. The application form, or Committee Appointments Informational Data Sheet, is
available on the County website, www.fcva.us, or through the County Administrators Office. A
completed application (Informational Data Sheet) shall be requirowever,
a completed application (Informational Data Sheet) for candidate
required.
2. Applications must be received in the County Administrators Offi
Wednesday preceding a Board meeting in order to be included in the agenda for review by the
members of the Board.
3. Any applications received after the deadline specified above wil
next regularly scheduled meeting of the Board.
ARTICLE VIII - AMENDMENTS
Section 8-1. Amendments
These Rules of Procedure may from time to time be revised, repea
affirmative vote by a majority of the members of the Board of Su
(Adopted: 05/28/03)
(Amended: 06/11/03)
(Amended: 01/14/04)
(Amended: 04/14/04)
(Amended: 01/25/06)
(Amended: 01/14/09)
(Amended: 09/14/11)
(Amended: 01/10/18)
(Amended: 02/14/18)
(Amended: 08/08/18)
(Amended: 01/09/19)
+ + + + + + + + + + + + + +
C.Selection of a Parliamentarian –County Administrator Elected
Supervisor Wells moved that the Board elect the County Administrator as
Parliamentarian. Supervisor Dunnseconded the motion which carried on a voice
vote.
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Regular Meeting Minutes *January 9,2019
D.Selection of Time and Place for Regular Meetings -Approved
Vice Chairman Lofton moved thatthe second and fourth Wednesdays of each
month, at 7:00 P.M., in the Board of Supervisors’ Meeting Room, County
Administration Building, 107 North Kent Street, Winchester, Virginia be the time
and meeting place for the Frederick County Board of Supervisors for 2019.He
further moved that should a meeting be canceled because of inclement weather,it
will take place the following evening. Supervisor Dunnseconded the motion
which carried on a voice vote.
E. Chairman’s Annual Committee Assignments -Approved
Supervisor Slaughtermoved for approval confirming the following Board
Member Assignments to Committees and Citizen Member Assignments to
Committeesfor 2019as presented by the Chairman. Supervisor Wellsseconded
the motion which carried on a voice vote.
Board Member Assignmentsfor 2019
Charles S. DeHaven, Jr.Finance Committee; Joint Finance Committee; Metropolitan
Planning Organization; Northwestern Regional Jail Board
alternate;Tourism Board liaison alternate
Blaine P. DunnCode & Ordinance Committee; Human Resources Committee,
Chair; Public Safety Committee; Northern Shenandoah Valley
Regional Commission; Fire & Rescue Association liaison;
Tourism Board liaison
Gary A. LoftonFinance Committee; Public Works Committee; Technology
Committee, Chair; Transportation Committee, Chair;
Economic Development Authority; Social Services Board
liaison; Agricultural District Advisory Committee liaison;
Extension Leadership Council liaison
J. Douglas McCarthyCode & Ordinance Committee; Human Resources Committee;
Public Works Committee, Chair; Technology Committee;
Planning Commission liaison alternate; Tourism Board;
Handley Regional Library liaison
Judith McCann-SlaughterFinance Committee, Chair; Public Safety Committee;
Technology Committee; Transportation Committee; Joint
Finance Committee; Metropolitan Planning Organization;
Conservation Easement Authority; Northwestern Regional Jail
Board
Shannon G. TroutCode & Ordinance Committee, Chair; Northern Shenandoah
Valley Regional Commission; Planning Commission liaison;
Sanitation Authority liaison
Robert W. WellsHuman Resources Committee; Public Safety Committee,
Chair; Public Works Committee; Northwestern Regional Jail
Board; Parks & Recreation Commission liaison; Landfill
Oversight Committee
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Frederick County Board of Supervisors
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Citizen Committee Assignments for 2019
Code & Ordinance Committee
Derek C. Aston
Stephen G. Butler
James A. Drown
Finance Committee
Jeffrey S. Boppe
Angela L. Rudolph
Human Resources Committee
Don Butler
Dorrie R. Greene
Beth Lewin
Public Safety Committee
Walter “Walt” Cunningham
Helen Lake
Charles R. “Chuck” Torpy
Public Works Committee
Gene E. Fisher
Ed Strawsnyder, Jr.
Whitney “Whit” L. Wagner
Information Technologies Committee
Quaisar Absar
Todd Robertson
Transportation Committee
Gary R. Oates
James M. Racey, II
Barry G. Schnoor
+ + + + + + + + + + + + + +
ADOPTION OF AGENDA -APPROVED
Mr. Tierney noted updated information on a proposed resolution in support of the
efforts of the Coalition of High Growth Communities with the General Assembly regarding
proffer legislation.Upon motion of Supervisor Wells, seconded bySupervisor Dunn,the
agendawas adopted with one item removed from the consent agenda:a Resolutionsupporting
the Coalition of High Growth Communities’ efforts on the proffer legislation being discussed
during the upcoming General Assembly session and SB 1373 recently submitted by Senator
Favola.
CITIZENS COMMENTS -
None
ADOPTION OF CONSENT AGENDA –APPROVED
Upon motion of Supervisor Trout, seconded by Supervisor Wells, theconsent agenda
was adopted on a roll call voteas follows:
Blaine P. DunnAyeShannon G. TroutAye
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Regular Meeting Minutes *January 9,2019
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterAye
-MINUTES: REGULAR MEETING OF DECEMBER 12, 2018-
CONSENT AGENDA
APPROVAL
-FINANCE COMMITTEE REPORT OF DECEMBER 19, 2018-
CONSENT AGENDA
APPROVAL,
Appendix 1
-PARKS AND RECREATION COMMISSION REPORT OF DECEMBER 11, 2018-
CONSENT AGENDA APPROVAL,Appendix 2
-RESOLUTION SUPPORTINGDELEGATE COLLINS’S PROPOSED
LEGISLATIONTO AMEND AND REENACT § 58.1-3833 OF THE CODE OF
VIRGINIA, RELATING TO COUNTY FOOD AND BEVERAGE TAX; MAXIMUM
RATE-
CONSENT AGENDA APPROVAL
Resolution Supporting
DelegateCollinss Proposed Legislation
To Amend and Reenact § 58.1-3833 of the Code of Virginia, Relating to County
Food and Beverage Tax; Maximum Rate
WHEREAS, the Frederick County Board of Supervisors has identified local
as one of its top legislative priorities for the 2019 General As
WHEREAS, the Frederick County Board of Supervisors desires legislation to provide specific
taxing authority to increase taxes on meals and transient occupa
mandatory specific uses of the realized gain in revenue; and
WHEREAS, Delegate Collins is proposing an amendment to §58.1-3833 of the Code of
Virginia, Relating to County Food and Beverage Tax; Maximum Rate
tax levied pursuant to this section to be imposed at a rate not to exceed the rate imposed by an
adjoining city in Virginia, if such rate is greater than four percent at the time the county imposes its
rate.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of the
County of Frederick, Virginiahereby expresses its strong support for Delegate Collins proposed
legislation and requests that Senator Jill Holtzman Vogel and De
Gooditis join in supporting and vote to approve this legislation
+ + + + + + + + + + + + + +
-REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS
AND CORRESPONDING SUPPLEMENTAL APPROPRIATIONS -
CONSENT AGENDA
APPROVAL
The approved refunds were as follows: Enterprise FM Trust for $5,785.59; Undisclosed
Taxpayer –Disabled Veteran’s Relief for $2,543.20; Undisclosed Taxpayer –Disabled Veteran’s
Relief for $3,500.57; and Undisclosed Taxpayer –Disabled Veteran’s Relief for $12,290.31.
+ + + + + + + + + + + + + +
11
Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
RESOLUTION SUPPORTING THE EFFORTS OF THE COALITION OF HIGH
GROWTH COMMUNITIES WITHTHE GENERAL ASSEMBLY REGARDING
PROFFER LEGISLATION ANDSB 1373 SUBMITTED BY SEN. FAVOLA -
APPROVED
Supervisor Wells expressed concern about supporting the proposed resolution. Mr.
Tierney noted the concerted effort to work with the Home Builders Association on proffer
legislation language. He said the Home Builders Association has brought forth revised
language that other localities and staff think is improved. He said it was decided it was
appropriate to bring the resolution to the Board for consideration.
SupervisorMcCarthy moved for adoption of the resolution and Supervisor Slaughter
seconded the motion.
Supervisor McCarthy said he has had extensive conversations with Delegate Collins
regarding the bill and the current version goes a long way toward allowing mutually beneficial
agreement on rezoning and proffers.
Supervisor Trout questionedif the matter could be delayed until the next meeting.
Supervisor Dunn said he supports the concept but asked for a delay on voting on the
resolution.
The motion carried as follows:
Blaine P. DunnNoShannon G. TroutAbstain
Gary A. LoftonAyeRobert W. WellsNo
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterAye
Resolution Supporting the Efforts of the Coalition of High Growth Communities with
the General Assembly Regarding Proffer Legislation and
SB 1373 Submitted by Sen. Favola.
WHEREAS, Frederick County has maintained a positive relationship throug
working together with both the Top of Virginia Building Association and
community for the betterment of Frederick County and its citizens; and
WHEREAS, Frederick County is a member of the Coalition of High Growth C
WHEREAS, both the Coalition of High Growth Communities and Frederick Co
finding an equitable and efficient system to better manage the impacts associated with rapid residential
growth and to addressing the counterproductive effects of SB 549
WHEREAS, Frederick County is interested in the changes being advanced t
and in working collaboratively with the Top of Virginia Building Association; and
WHEREAS, Frederick County supports the ongoing and constructive dialogu
of High Growth Communities and Home Builders Association of Virgini
a positive legislative solution for the benefit of all parties; and
WHEREAS, as a result of the ongoing and constructive dialogue and the e
Delegate Thomas bills have been submitted to the General Assembl
15.2-2303.4 of the Code of Virginia, relating to conditional rezoning
the positions the Coalition of High Growth Communities has been advo
WHEREAS, Frederick County supports, in particular, SB 1373 submitted bytor Favola as the
basis for the continued dialogue aimed at achieving a positive legisla
parties; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick,
Virginia, requests that the Members of the General Assembly support the efforts of the C
High Growth Communities and Frederick County as part of its 2019 legi
BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virg,
requests that the Members of the General Assembly support SB 137
which reflects many of the positions advocated by the Coalition of Hig
+ + + + + + + + + + + + + +
12
Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
BOARD OF SUPERVISORS COMMENTS-
None
COUNTY OFFICIALS:
RECOGNITION OF EMPLOYEE OF THE YEAR TRAVIS MITCHELL
ChairmanDeHaven recognized and congratulated Travis Mitchell on his selection as
Employee of the Year for 2018.
RECOGNITION OF THE FREDERICK COUNTY FINANCE DEPARTMENT FOR
RECEIVING THE GOVERNMENT FINANCE OFFICERS ASSOCIATION’S
DISTINGUISHED BUDGET PRESENTATION AWARD
Chairman DeHaven recognizedand congratulated FinanceDirector Cheryl Shiffler
and Budget Analyst Jennifer Place noting that Frederick County has received the
Distinguished Budget Presentation Award for the fiscal year 2018 budget from GFOA for the
thirty-second consecutive year.
COMMITTEE APPOINTMENTS
DOUG RINKER RE-APPOINTED TO THE ECONOMIC DEVELOPMENT
AUTHORITY -APPROVED
Upon motion of Vice Chairman Lofton,seconded by Supervisor Wells,Doug Rinker
was reappointed to the Economic Development Authority for a four-year term ending January
10, 2023. The motion carried on a voice vote.
CHARLES SANDY RE-APPOINTED TO THE PARKS AND RECREATION
COMMISSION -APPROVED
Upon motion of Supervisor Wells, seconded by Supervisor Dunn,Charles Sandy was
reappointed to the Parks and Recreation Commission for a three-year term ending January 25,
2022.The motion carried on a voice vote.
+ + + + + + + + + + + + + +
COMMITTEE BUSINESS
FINANCE COMMITTEE
Supervisor Slaughter movedfor approval of the following requests: aGeneral Fund
supplemental appropriation in the amount of $2,000representing a grant award from the
Virginia DEQin support of the County’s Secure Your Load campaign; aGeneral Fund
supplemental appropriation in the amount of $3,404.95representingan insurance claim for
stolen equipment; aGeneral Fund supplemental appropriation in the amount of $10,000
representing donated funds received for spaying and neutering shelter pets; aGeneral Fund
13
Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
supplemental appropriation in the amount of $45,535representing PEG funds to be used for
electronic agenda creation/management and live streaming of County meetings; a General
Fund supplemental appropriation in the amount of $203.33 representing K9 donations; and
aGeneral Fund supplemental appropriation in the amount of $41,450.34representing unspent
FY 18 VJJJCA funds to be returned to the State. Vice Chairman Lofton seconded the motion
which carried as followson a roll call vote:
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 a General Fund and School Capital
Projects Fund supplemental appropriation in the amount of $1,264,000to implement Phase II
Safety and Security Construction Upgrades. Supervisor Wellsseconded the motion which
carried as followson a roll call vote:
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 a Shawneeland Fund supplemental
appropriation in the amount of $300,000representing funds for emergency repairs to roads
and drainage structures due to excessive rainfall. Supervisor McCarthy seconded the motion
which carried as followson a roll call vote:
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 a General Fund supplemental
appropriation in the amount of $11,251representing funds needed to hire an additional GIS
Technicianand further moved for approval of a transfer from contingency funds.Vice
Chairman Lofton seconded the motion which carried as followson a roll call vote:
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 creation of the School Grounds
Maintenance Equipment Fund to set aside funds for grounds maintenance equipment
replacement. Supervisor Wells seconded the motion which carried as followson a roll call
vote:
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 a General Fund supplemental
appropriation in the amount of $954representing proceeds from the sale of old gym equipment
to be used toward replacement. Supervisor McCarthy seconded the motion which carried
14
Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
as followson a roll call vote:
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 a General Fund supplemental
appropriation in the amount of $3,637.55representing proceeds from the sale of salvage and
surplus in excess of budgeted revenue. Supervisor McCarthy seconded the motion which
carried as followson a roll call vote:
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 a General Fund supplemental
appropriation in the amount of $4,500representing reimbursements received from the Secret
Service for the purchase of evidence collection and storage equipment.Vice Chairman Lofton
seconded the motion which carried as followson a roll call vote:
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 a General Fund supplemental
appropriation in the amount of $28,850representing recovered costs for traffic control to be
used for overtime. Supervisor McCarthy seconded the motionwhich 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
Supervisor Slaughter moved for approval of a General Fund supplemental
appropriation not to exceed $42,000representing funds for radio equipmentand further
moved for approval of a transfer from contingency funds.Vice Chairman Lofton seconded
the motion which carried as followson a roll call vote:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterAye
PUBLIC HEARINGS(Non-Planning Items)-
None
PLANNING COMMISSION BUSINESS
Public Hearing-
None
Other Planning Business
15
Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
REQUEST BY WESLEY HOUSING –RESOLUTION FOR A LOCAL HOUSING
REVITALIZATION AREA (PIN#: 54-A-128) -POSTPONED
John Foote,of Walsh Colucci Lubeley& Walsh P.C., explained the request for the
Frederick County Board of Supervisors to pass a resolution designating the St. Paul’s on the Hill
property, PIN 54-A-128, as a local housing revitalization zone. He said a local housing
revitalization zone is created by resolution of the local governing body pursuant to the Code of
Virginia and the Virginia Housing Development Authority VHDA criteria, noting that the second
category referencing encouraging economic development and a desiredmix of housing are
applicable to the current request.He said Wesley Housing is seeking Low Income Tax Credits
administered through the VirginiaHousing Development Authority to assist with the development
of this project, and thisdesignation of a local housing revitalization zone would be beneficial to
the applicant asit would potentially enable the allocation of additional points to their VHDA
application.
Rosa Estrada, of Wesley Housing, explained the funding process and the needfor a project
to be competitive to receive the tax credits.
Paul Brown, of Wesley Housing, said no one wants to suggest that the County is blighted
by designating a revitalization area. He cited other localities that have benefited from the use of
tax credits for redevelopment. He asked for the Board’s careful consideration.
Supervisor Slaughter and Mr. Foote discussed revising the language of the proposed
resolution to delete references to the property being blighted.
Supervisor McCarthy and Ms. Estrada discussed the result if tax credits are not awarded.
Ms. Estrada said Wesley Housing will reapply in 2020 if tax credits are not awarded this year.
She said the project will not move forward without financing or credits.
Supervisor Dunn said he was not currently prepared to move forward with supporting the
resolution designating the property as a revitalization zone.
Vice Chairman Lofton said he voted against the project originally and now is more
uncomfortable with it. He questioned why the project was not financed in the beginning.
Supervisor Dunn said the Applicant had previously noted the financing would be via the tax
credits.
Supervisor McCarthy said he supports delaying action on the resolution. He said the
request asks the Board to tip the scales in favor of one development project over another, adding
there is no need to induce development in this particular geographic area.
Supervisor Dunn moved to postpone consideration of the request until the January 23
Board meeting. Supervisor Wells seconded the motion which carried as follows:
Blaine P. DunnAyeShannon G. TroutAye
Gary A. LoftonNoRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterAye
16
Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
SITE PLAN (SUBDIVISION) #22-18 SPRING RUN –15-LOT TOWNHOUSE
SUBDIVISION –Presented for Information
Planner Tyler Klein provided background on the item saying this application is for a
subdivision design plan for fifteen (15) single-family attached(townhouses) units with a
minimum lot size of 1,936+/-square feet planned to be constructed on1.88+/-acres of land zoned
RA (Rural Areas) District with RP (Residential Performance)District standards via Transfer of
Development Rights (TDR) credits. He said the proposed subdivisionwill be accessed from
Senseny Road (Route 657) via a private internal road (Coralyrose Court).He continued saying
although the property is presently zoned RA (Rural Areas) District, the Applicant will utilize the
County’s Transfer of Development Rights (TDR) program to develop additional lots with RP
(Residential Performance) District standardsand the Applicant has purchased 10 TDR credits
fromSending Area #3 which has a value of 1.5 residential units per credit for a total of 15 units
(10credits x 1.5 SFA units = 15 units allowed).Mr. Klein said the Applicant also previously
received a waiver of the Master Development Plan (MDP)requirement on June 13, 2018 and has
chosen to process a subdivision design plan (site plan) inlieu of the MDP. When processing a
subdivisiondesign plan in lieu of the MDP, the applicationmust be presented to the Planning
Commission and to the Board of Supervisors as aninformational item. He concluded saying this
proposed subdivision, Spring Run, generally meets the requirements of the FrederickCounty
Zoning and Subdivision Ordinances and is in a form that it is administrativelyapprovable. He
added that any of the issues brought forth by the Board of Supervisorsshould be appropriately
addressed by the Applicant, and the item is being presented as an informational item and following
itspresentation to the Planning Commission and to the Board of Supervisors, Staff will proceed
with approval of the plan.
Vice Chairman Lofton asked for clarification on the TDRs coming from a sending area
rather than a receiving area.
Supervisor Dunn asked for the approximate value of the proposed homes. The
Applicant, Jeremy Tweedie,replied the value will be determined at the time of construction.
He noted a similar development in the area has homes starting in the$240,000 to $300,000
range.
Supervisor Dunn commented that this is an example of atime when the Board cannot
act, but he is troubled by the matter of transferring development rights from one area to another
and still costing the County. He said he would prefer that the impact of new development be
borne by the developer.
BOARD LIAISON REPORTS
Supervisor Trout provided an update on recent activities of Frederick Water.
17
Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
Supervisor Wells provided an update on the Parks and Recreation Commission. He
praised the recent holiday light show held at Clear Brook Park. He invited everyone to visit
Frederick Heights Park to see the recent improvements and recognized the effort of Supervisor
Dunn to encourage the revitalization and updates in Frederick Heights Park. He said the
community is enjoying the improved Park.
Supervisor Dunn noted the grand reopening of the Frederick Heights Park, and praised
the work done by Parks and Recreation staff. He also commended the staff at the Clear Brook
Park for their success with the holiday light show.
Supervisor Dunn recognized Law Enforcement Appreciation Day.
CITIZEN COMMENTS
–
John Wright, Red Bud District, and President of the Frederick County Professional
Firefighter Association asked the Board to support legislation in the Virginia General
Assembly to add certain cancers to the list of cancers that are presumed to be an occupational
disease covered by the Virginia Workers’ Compensation Act when firefighters and certain
employees develop cancer. The legislation would also remove the compensability requirement
that the employee who develops cancer had contact with a toxic substance encounteredin the
line of duty, meaning the firefighter would not have to specifically identify what specific toxic
exposures have occurred at each fire or prove the exact carcinogen on the exact day that caused
their cancer. He askedthe Boardfor its support of the legislation.
BOARD OF SUPERVISORS COMMENTS
Supervisor Trout expressed concern about the upcoming budget cycle meeting schedule
and asked if any of the meetingscould be moved to a day other than Wednesday at 4:00p.m.
or later. She apologized for her difficult schedule. Supervisor McCarthy said he may be able
to move a couple of meetings adding that any changes will affect other commitmentsand
obligations.
SupervisorMcCarthy said Gainesboro District has been affected by the enormous
amount of rain this past yearcausing numerous road deterioration issues.He said he is
regularly getting calls from constituents asking about requesting VDOTassistance with road
repair. He commended the County Transportation staff for their efforts asthe liaison in
communicating with VDOT.
Supervisor Dunn suggested additional potential meeting dates be sent out to facilitate
rescheduling meetings to assist Supervisor Trout.
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor Dunn,the meeting was
adjourned at 8:22p.m.
18
Frederick County Board of Supervisors
Regular Meeting Minutes *January 9,2019
MINUTES
Frederick County Board of Supervisors
Budget Work Session
Wednesday,January 16, 2019
4:00p.m.
First Floor Conference Room, 107 North Kent Street, Winchester, VA
ATTENDEES
Board of Supervisors:
Chairman Charles S. DeHaven, Jr.; ViceChairman Gary A.
Lofton; Blaine P. Dunn;Judith McCann-Slaughter;J. Douglas McCarthy; and Robert W. Wells
were present. Shannon G. Trout was absent.Staff present: Kris C. Tierney, County
Administrator; Ellen Murphy, Commissioner of theRevenue; C. William Orndoff, Jr., Treasurer;
Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Cheryl B.
Shiffler, Finance Director; Jennifer Place, Budget Analyst; Sharon Kibler, Assistant Finance
Director;Michael Marciano, Human Resources Director; Scott Varner, IT Director; Mike
Ruddy, Planning Department Director; Karen Vacchio, Public Information Officer; Lenny
Millholland, Sheriff; Denny Linaburg, Fire & Rescue Chief; Jason Robertson, Director of Parks
& Recreation; Seth Thatcher, Assessor; and Ann W. Phillips, Deputy Clerk to the Board of
Supervisors.
Finance Committee Members
present: Jeffrey Boppe; Angela Rudolph
Others: Dr. David Sovine, Superintendent of Frederick County Public Schools; Patty
Camery,Executive Director of Finance for Frederick County Public Schools; School Board
membersMike Lakeand Seth Thatcher; and John Huddy, Handley Regional Library Director.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 4:00 p.m.
DISCUSSION-Budget
Commissioner of the Revenue Ellen Murphy presented information on the latest
reassessment.
County Administrator Kris Tierney gave an overview of the FY 2020 budget requests and
expected revenues.
The Board discussed the requested new positions for Fire and Rescue and requested
Chief Linaburg provide information on his interpretation of the recommendation provided by
Fitch and Associates in the recently completed fire and rescue study.
Supervisor McCarthy moved that the Board advertise the current real estate tax rate of
$0.61 per $100 of assessed value. Supervisor Slaughter seconded the motion which carried on a
voice vote.
Mr. Tierney said he planned to bring information to the next work session incorporating
the use of added revenue gained by maintaining the $0.61 tax rate on the increased value in real
estate shown in the reassessment.
Dr. Sovine invitedthe Board to attend the February 19, 2019, School Board meeting
scheduled for 7:00pm where he will present the School Board’s budget. He said he will provide
his presentation to Mr. Tierney the next day for distribution to the Board of Supervisors. The
Board tentatively scheduleda joint work session with the School Board for February 27at
5:30p.m.
Mr. Tierney said the Board willbe provided with detailed department requests via their
iPads.
Supervisor Dunn and Mr. Tierney discussed the result of keeping arevenue neutraltax
rate.
The Board and Staff discussed fees in various departments and the possibility of
increasing those fees.
CLOSED SESSION
At 4:42 p.m. Vice Chairman Lofton moved that the Board of Supervisors of Frederick
County enter a closed session pursuant to Virginia Code § 2.2-3711(A)(3) for discussion or
consideration 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 Wells seconded the motion which carried on a voice vote.
At 5:25 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 Wells. Vice Chairman
Lofton moved that the Boardof 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 Dunn seconded
the motion which carried as follows on a roll call vote:
Blaine P. DunnAyeShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
JudithMcCann-SlaughterAye
ADJOURN
There being no further business, on motion Vice Chairman Lofton, seconded by
Supervisor McCarthy,the meeting was adjourned at 5:26p.m.
FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, January 16, 2019
3:45 p.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, January 16, 2019 at .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 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; Lenny Millholland, Sheriff; Jennifer Place, Budget Analyst; Karen Vacchio, PIO; and
Nick Sabo, WRA Director.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
() Items 1 and 2 were approved under consent agenda.
1.() The WRA Director requests an Airport fund supplemental appropria
$10,000 to hold the Wings N Wheels community event. No localds required. See
attached memo, p. 2.
2.() The Sheriff requests a General Fund supplemental appropriation i
This amount represents court ordered restitution received. No l
attached memo, p. 3.
NO ACTION REQUIRED:
1.The Commissioner of the Revenue provided information on tax relief. See attached
information, p. 4.
INFORMATION ONLY
1.The Finance Director provides a Fund 10 Transfer Report for Decem
p. 5.
2.The Finance Director provides financial statements ending Decembe
p.6 16.
3.The Finance Director provides an FY 2019 Fund Balance Report endi
attached, p. 17.
Respectfully submitted,
FINANCE COMMITTEE
Judith McCann-Slaughter, Chairman
Charles DeHaven
Gary Lofton
By ___________________________
Jeffrey Boppe
Angela Rudolph
Cheryl B. Shiffler, Finance Director
1
2
3
TAX RELIEF FOR ELDERLY, DISABLED, VETERANS AND SURVIVING SPOU
TYPE OF TAX RELIEFTAX YEAR# APPROVEDDISCOUNT AMOUNT
ELDERLY 2015537$269,684.71
2016564$288,031.72
2017552$321,264.40
2018562$335,186.54
TYPE OF TAX RELIEFTAX YEAR# APPROVEDDISCOUNT AMOUNT
DISABLED 2015193$109,056.02
2016207$130,017.46
2017186$132,640.94
2018188$139,278.39
TYPE OF TAX RELIEFTAX YEAR# APPROVEDDISCOUNT AMOUNT
Veteran 201592$108,470.82
2016110$136,870.36
2017123$170,044.77
2018143$205,809.20
TYPE OF TAX RELIEFTAX YEAR# APPROVEDDISCOUNT AMOUNT
Surviving Spouse 20150$0.00
20161$1,716.43
20171$1,799.63
20181$1,830.02
4
BUDGET TRANSFERS DECEMBER 2018 Page 1
DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT
12/6/2018FIRE AND RESCUE12/18 Promotions35051007000001 (2,710.93)
FIRE AND RESCUE35051001000107 2,710.93
FIRE AND RESCUE35051007000001 (2,310.49)
FIRE AND RESCUE35051001000058 2,310.49
FIRE AND RESCUE35051007000001 (2,785.94)
FIRE AND RESCUE35051001000010 2,785.94
FIRE AND RESCUE35051007000001 (2,710.99)
FIRE AND RESCUE35051001000085 2,710.99
FIRE AND RESCUE35051007000001 (2,782.80)
FIRE AND RESCUE35051001000125 2,782.80
FIRE AND RESCUE35051007000001 (2,303.02)
FIRE AND RESCUE35051001000106 2,303.02
FIRE AND RESCUE35051007000001 (3,112.14)
FIRE AND RESCUE35051001000084 3,112.14
FIRE AND RESCUE35051007000001 (2,300.14)
FIRE AND RESCUE35051001000092 2,300.14
FIRE AND RESCUE35051007000001 (2,502.26)
FIRE AND RESCUE35051001000053 2,502.26
FIRE AND RESCUE35051007000001 ( 2,300.84)
FIRE AND RESCUE35051001000093 2,300.84
FIRE AND RESCUE35051007000001 ( 2,300.84)
FIRE AND RESCUE35051001000083 2,300.84
FIRE AND RESCUE35051007000001 (2,777.99)
FIRE AND RESCUE35051001000127 2,777.99
12/10/2018REFUSE COLLECTIONPURCHASE BOOKS42038006000000 (200.00)
REFUSE COLLECTION42035411000000 200.00
12/10/2018INSPECTIONSTO COVER DEFICIT FUNDS34011005000000 (2,000.00)
INSPECTIONS 34011001000075 2,000.00
12/11/2018COUNTY OFFICE BUILDINGS/COURTHOUSEPURCHASE CART TO HOLD TABLES/CHAIRS IN BOS CLOSET43045401000000 (600.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43045400000000 600.00
12/11/2018INSPECTIONSTO COVER DEFICIT FUNDS34011005000000 (1,000.00)
INSPECTIONS34011001000075 1,000.00
12/13/2018OTHERTO COVER DEFICIT IN ELECTRICITY FREDERICK COUNTY MIDDLE SCHOOL12245302000000 (1,800.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43045101000010 1,800.00
OTHER 12245307000000 (1,600.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43045101000010 1,600.00
12/13/2018OTHERTO COVER DEFICIT IN TELEPHONE FREDERICK COUNTY MIDDLE SCHOOL12245302000000 (200.00)
COUNTY OFFICE BUILDINGS/COURTHOUSE 43045204000010 200.00
12/21/2018FIRE AND RESCUEEMERGENCY LIGHTING & INSTALLATION ON NEW VEHICLE 35055408000000 (10,236.00)
FIRE AND RESCUE(reclass to fixed asset)35058005000000 10,236.00
12/21/2018SHERIFFNOVEMBER EXPENSES31025410000000 (6,000.00)
SHERIFF31025409000000 6,000.00
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HUMAN RESOURCES COMMITTEE REPORT to the BOARD OF SUPERVISORS
Friday, January 11, 2019
9:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Human Resources Committee meeting was held in the First Floor Conference Room
at 107 North Kent Street on Friday, January 11, 2019 at 9:00 a.m.
ATTENDEES:
Committee Members Present: Blaine Dunn, Chairman; Don Butler.
Non-voting liaisons: None
Committee Members Absent: Doug McCarthy; Dorrie Green; Robert (Bob)
Wells; and Beth Lewin
Staff present: Michael Marciano, Human Resources Director; DeLois Blevins,
Human Resources Manager; Rod Williams, County Attorney; Cheryl Shiffler,
Finance Director; Sharon Kibler, Assistant Finance Director;Jay Tibbs, Assistant
County Administrator; William Orndoff, Treasurer.
Others present: Josh Janney.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
A quorum was not attained and therefore no actions could be taken; discussions were
for informational purposes only.
1.The Finance Department is requesting a new position in the FY 2019/2020
budget; Purchasing Manager; at a grade 10.
2.The Fire and Rescue Department is requesting a new position in tFY
2019/2020 budget; Assistant Chief; at a grade 12.
3.Discussion on the need to revamp the Countys Employee of the Mo
program.
ITEMS FOR INFORMATION ONLY
None
Respectfully submitted,
HUMAN RESOURCES COMMITTEE
Blaine Dunn, Chairman
Don Butler
By /s/ Michael Marciano______________________
Michael Marciano, Human Resources Director
REZONING APPLICATION #03-18
CARPERS VALLEY INDUSTRIAL PARK
Staff Report for the Board of Supervisors
Prepared: January 14, 2019
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
John Bishop, AICP, Assistant Director Transportation
Reviewed Action
Planning Commission:
11/07/18 Public Hearing Held; Recommended
Approval
Board of Supervisors;
12/12/18 Postponed
Board of Supervisors:
01/23/19 Pending
PROPOSAL:
To rezone 122.18+/- acres from the R4 (Residential Planned Community) District to the
M1 (Light Industrial) District with proffers.
LOCATION:
The subject properties are located approximately one mile east of I-81 on the south side
of Millwood Pike (Route 50), proceed right on Prince Frederick Drive (Route 781) then left on
Coverstone Drive.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/23/19 BOARD OF
SUPERVISORS MEETING:
Staff Note: This rezoning application is consistent with the application postponed on December 12,
2018; no changes have been made to the application.
This is an application to rezone a total of 122.18+/- acres from the R4 (Residential Planned
Community) District to the M1 (Light Industrial) District with proffers. The subject property is part of
the original Carpers Valley/Governors Hill Rezoning which was approved in 2005 (revised in 2009,
2013 and 2014). Rezoning #11-05 provided for 143 acres of commercial uses and 550 residential units
on six parcels of land (Land Bay 1 Residential, Land Bay 2 Commercial).
The site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan of the 2035
Comprehensive Plan and depicts the subject properties with a commercial land use designation. This
commercial land use designation is reflective of the commercial component of the approved mixed-use
project approved for this site. The requested M1 (Light Industrial) District is inconsistent with the
Comprehensive Plan.
Rezoning #03-18 seeks to sever two parcels (64-A-86 and 64-A-87) from the original approved
proffered rezoning and rezone them to the M1 District with a separate set of proffers.The primary
changes proposed with this rezoning include modifications to the overall transportation network
approved with the Governors Hill Rezoning. The approved rezoning provided for the completion of
Coverstone Drive from Prince Frederick Drive to its intersection with Millwood Pike (Route 50). This
and places this commitment solely on Land Bay 1 (residential).
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 2
This rezoning has not provided for any coordination with the parties of Land Bay 1 and places a great
deal of the road construction responsibilities on Land Bay 1. With this proposed change, it also
removes the commercial square footage trigger for the completion of Coverstone Drive. Land Bay 2
consisted of the commercial area and Land Bay 1 the residential portion. The proposed change to
industrial would not trigger the completion of Coverstone Drive and Land Bay 1 does not have
commercial areas and would therefore also not trigger its completion.
Staff would note that the overall rezoning utilized the commercial tax revenue generated to offset the
impacts of the 550 residential units within the development. The monetary proffers for the residential
units are $2,637/unit which was $2,345 less per unit than the capital impact model in place at the time
of rezoning. The Applicant has not demonstrated that the proposed industrial square footage proposed
with this rezoning will adequately offset the impacts the residential units will place on the County. The
approved rezoning projected up to 1,285,000 SF of commercial building area. The proposed rezoning
allows up to 3,100 trips per day (TIA estimated at 1.2 million square feet of warehousing/industrial
uses). The total credit utilized to offset the residential units totals $1,289,750. It is unclear what the
proposed industrial use will offset as opposed to the currently approved commercial revenue.
The Planning Commission held a public hearing for this item on November 7, 2018; the Commission
ultimately recommended approval of this rezoning.
Staff has outlined concerns that should be considered by the Board of Supervisors in their review of this
proposed rezoning. The proposed proffers associated with this proposed rezoning are as follows, Staff
comments are shown in bold italic:
Proffer StatementDated August 8, 2018, Revised October 12, 2018, November 20, 2018:
1.LAND USE
1.1The Owner intends to develop the Property with a mix of light industrial uses as
allowed under the M-1 zoning district provided the maximum daily vehicle trips do
not exceed the Traffic Impact Study Revision I (as prepared by Pennoni July 2018)
of 3,100 vehicle trips per day (VPD). With each Site Plan, the owner will submit for
the property a trip generation estimate per the Institute of Transportation Engineers
approved to date to ensure that estimates for the property do not exceed 3,100 VPD.
In order to gain Site Plan approval for any development that would result in more site
trips generated than a total of 3,100 VPD, the Owner shall prepare a new Traffic
Impact Analysis, identifying any transportation improvements required to mitigate the
increased trip volumes, and reach an agreement with Frederick County and the
Virginia Department of Transportation on improvements necessary to mitigate those
impacts.
Staff Note: This proposed rezoning removes the commercial square footage trigger for the
completion of Coverstone Drive. Land Bay 2 consisted of the commercial area
and Land Bay 1 the residential portion. The proposed change to industrial
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 3
would not trigger the completion of Coverstone Drive and Land Bay 1 does not
have commercial areas and would therefore also not trigger its completion.
Staff Note: This proffer would require the County and VDOT to reach an agreement with
the Owner regarding mitigation of future transportation impacts; there are no
provisions for what would happen if the parties are unable to reach an
agreement.
2.ARCHITECTURE AND SIGNAGE:
2.1All buildings on the Property shall be constructed using similar architectural styles and
building materials for a more uniform appearance. Site signage shall be uniform and
in compliance with the Frederick County ordinances.
Staff Note: This proffer removes the approved design modification package for the overall
development D. The
design modification package contained an overall streetscape design standards,
landscaping/screening/open space standards, architectural standards and an
architectural review board, height maximums, and street design standards.
This proposed rezoning would separate the proposed industrial area from the
residential design standards.
3.PEDESTRIAN TRAIL SYSTEM
3.1 The Owner shall design and build a public pedestrian-bicycle trail system to Virginia
Department of Transportation standards that links to the adjoining properties adjacent
Coverstone Drive. Said trails shall be in the location generally depicted on the GDP.
Sidewalks shall be constructed on public streets to Virginia Department of
Transportation standards. The combined pedestrian/bicycling trail shall be 10 feet wide
and shall have an asphalt surface.
4.WATER & SEWER:
4.1 The Owner shall be responsible for connecting the Property to public water and sewer.
It shall further be responsible for constructing all facilities required for such connection
at the Property boundary. All water and sewer infrastructure shall be constructed in
accordance with the requirements of the Frederick Water.
Staff Note: This proffer is unnecessary as it is already required.
5.CULTURAL RESOURCES:
5.1The Owner shall conduct or cause to be conducted a Phase I Archeological Investigation
of the Property, prior to the approval of the first site or public improvement plan for the
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 4
property and shall complete Phase II and III investigations thereof as may be
demonstrated to be necessary by the Phase I study.
6.FIRE & RESCUE:
6.1The Applicant shall contribute to the Millwood Fire and Rescue Company in the sum of
$0.10 per building square foot floor area for fire and rescue purposes, payable prior the
issuance of the first occupancy permit for each building.
7.TRANSPORTATION:
7.1The Owner shall dedicate, design and construct Coverstone Drive, in the general
location shown on the GDP, with reasonable adjustments permitted for final
engineering, as a full section with raised medians on a minimum -of-way, all in
accordance with Virginia Department of Transportation specifications, according to the
following phasing schedule:
PHASE 1: Phase 1 shall consist of a full four lane section including a ten-foot trail from
Point A at its terminus and end of existing right-of-way to Point B the
second proposed entrance as depicted on the GDP. Said roadway shall be
constructed to base asphalt prior to issuance of a certificate of occupancy for
any light industrial building up to 405,000 square feet or greater than 1,500
VPD on the Property.
Staff Note: The approved rezoning allowed for up to 300,000 SF of office land use
prior to the completion of Coverstone Drive from point A to B which is
the connection of Coverstone Drive to Route 50/Inverlee Way intersection
(base asphalt section). The approved proffer also required the
completion of all necessary improvements (including signalization of
Route 50/Inverlee Way if warranted). The proposed revision only
proposes a connection from the existing terminus of Coverstone to the
limits of the first proposed industrial intersection for up to 405,000 SF.
Due to the change in land use the trip generation will be lower, however
there will be additional tractor trailer trips.
PHASE 2: Phase 2 shall consist of construction of a full four lane section of Coverstone
Drive, including a ten-foot pedestrian/bicycling trail from Point B, the
second proposed entrance, to Point C, the future intersection of Tazewell
Road, and the bonding or construction of Coverstone Drive as a four-lane
section from Point C to Point D as depicted on the GDP. Said roadway
improvements shall be completed prior to issuance of a certificate of
occupancy for any use that would cause the Property to exceed 405,000
square feet of light industrial building area or greater than 1,500 VDP. Final
top courses of asphalt for Coverstone Drive from Point A to Point C shall be
completed with the completion of Phase 2.
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 5
Staff Note: Phase 2 from the original rezoning completed the roadway for Coverstone
Drive from the segment completed with Phase 1 (Route 50 intersection) to
the completed section of Coverstone Drive (two lane section) prior to an
issuance of occupancy that caused the development to exceed 400,000 SF
of commercial area. This proposed rezoning removes this commitment
and constructs a portion from their proposed Phase 1 (existing
Coverstone to their first commercial entrance) to the Tazewell Drive
intersection and then constructs or bonds the roadway from that point to
the neighbori. This proposed revision places
responsibility for completion of the construction of Coverstone Drive from
Millwood Pike/Inverlee to the shared property line (Point D) solely onto
the residential area.
Staff Note: Phase 3 from the original rezoning completed the full four lane section
of Coverstone Drive once the development exceeds 800,000 SF of
commercial area. This rezoning does not account for this improvement.
Staff Note: Phase 4 from the original rezoning proffered the design of Coverstone
Drive extended as a four-lane section from Prince Frederick Drive to the
proposed limits of the future Route 522 Realignment. In the event that
this alignment has not been determined by June 30, 2018, the Applicant
is proffered to pay $20,000 for transportation improvements. The
Applicant has not paid the $20,000 proffer and is therefore in violation of
Proffer 15 from the approved rezoning, however there is now a proffer of
$20,000 added as 7.8 below.
Staff Note: Proffer 15.3 from the approved rezoning requires the completion of
Coverstone Drive as a full four-lane section from Millwood Pike to Prince
Frederick Drive prior to November 1, 2025. The proposed rezoning
removes the commitment for the completion of Coverstone Drive and any
Inverlee intersection improvements.
Staff Note: Proffer 15.6 from the approved rezoning proffered $175,000 for
signalization or other road improvements at the intersection of Costello
Drive and Prince Frederick Drive within 60 days of written request by the
County and VDOT after the acceptance of Phase 2 Coverstone
Improvements (15.2). This proffer has been removed and would place this
requirement on the residential section (Land Bay 1).
7.2The Coverstone Drive public right-of-way shall be dedicated to Frederick County as
part of the Site Plan approval process, consistent with applicable Virginia law. Right-
of-Way dedication shall be provided to adjacent owners in Governors Hill or another
entity if the design, funding and construction Coverstone Drive occurs prior to Carpers
Valley Industrial Park executing the proffered improvements above.
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 6
7.3All public streets and roads shall be designed in accordance with the Virginia
Department of Transportation specifications, subject to review and approval by
Frederick County and Virginia Department of Transportation.
7.4The design of off-site road improvements shall be in general conformance with the plan entitled
--3, as prepared by Pennoni Associates Inc., dated
October 2018. Off-site improvements shall be constructed in two (2) phases and correspond as
part of Phases 1 and 2 as defined in Proffer 7.2 above;
Staff Note: The approved rezoning proffered improvements (Phase A) that included
improvements at the intersection of Coverstone/Millwood/Inverlee. This
improvement is not accounted for in the proposed rezoning and would be
required by Land Bay 1 (residential).
Intersection 1: -Site Improvements Exhibit
Sheet 1 of 3 Route 522 @ Costello Drive
Staff Note: This proffer amounts to a restriping to extend the left turn lane to
accommodate conditions that already exist and does not add any actual
capacity. The County has a pending SmartScale application to properly
address left turn capacity issues at this intersection, however approval is
not assured, and this issue should be analyzed more closely.
Intersection 2: -Site Improvements Exhibit
Sheet
Phase 1.
Intersection 3: -Site Improvements Exhibit
7.5 Public right-of-way of Tazewell Road shall be dedicated to the property lines of the
adjacent parcel with the construction and dedication of the Coverstone Drive extension
Phase 2, to allow further construction of the future roadway by others.
Staff Note: While the Applicant has provided for the R-O-W to construct Tazewell
Road, all other commitments for Coverstone Drive would need to be
completed by Phase 1 of the development prior to the construction of
any residential units.
7.6 The Owner shall dedicate an area of approximately 0.6 acres, for the purposes or
regional transportation improvements, all property of PIN# 64-A-87 south and west of
the Coverstone Drive and Prince Frederick Drive Intersection at the request of
Frederick County or the Virginia Department of Transportation.
7.7 The Owner shall make good faith efforts to obtain any off-site right of way needed to
complete any proffered off-site transportation improvements. In the event that the
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 7
Owner is not able to obtain the right of way and, further, the County and/or State of
Virginia do not obtain the necessary right of way in lieu of constructing the road
improvement, the Owner shall provide a monetary contribution to Frederick County that
is equivalent to the estimated construction cost of those road improvements that could
not be implemented. The construction cost estimate shall be subject to review and
approval by Virginia Department of Transportation. These monetary contributions may
be utilized by Frederick County for transportation improvements within the vicinity of
the subject property.
Staff Note: While a cash proffer in lieu of construction in a scenario where right-of-
way is not available could possibly be acceptable it should be noted that if
right-of-way is not available this could still leave the County with an
unacceptable traffic condition at the location where this occurred and no
realistic way to address it. It would also be appropriate for the Applicant
to analyze this issue more closely to determine where right-of-way may
actually be required as this is somewhat of a speculative proffer. It should
be determined now whether or not this is an issue and where it is an issue.
7.8 The Owner shall contribute $20,000 toward infrastructure improvements for
Coverstone Drive west of Prince Frederick Drive to connect to relocated Route 522,
payable prior to the first occupancy permit.
8. AIRPORT OPERATIONS:
8.1 The Owner shall consult with the Executive Director of the Winchester Regional
Airport with respect to the granting of a reasonable avigation easement to provide
further protection for airport operations, and shall dedicate such easement, as the
Airport and Owner shall mutually agree. Said avigation easement shall be dedicated
st
prior to issuance of the 1 occupancy permit for the property.
8.2 The Owner shall file an Obstruction Evaluation/Airport Airspace Analysis (OE/AAA)
in accordance with the Code of Virginia, Section 15.2-2294. The OE/AAA filing shall
occur a minimum of 45 days prior to the expected start of any site plan or public
improvement plan construction.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 8
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:
11/07/18 Public Hearing Held; Recommended
Approval
Board of Supervisors:
12/12/18 Postponed
Board of Supervisors:
01/23/19 Pending
PROPOSAL:
To rezone 122.18+/- acres from the R4 (Residential Planned Community) District to the
M1 (Light Industrial) District with proffers.
LOCATION:
The subject properties are located approximately one mile east of I-81 on the south side
of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive.
MAGISTERIAL DISTRICT:
Shawnee
PROPERTY ID NUMBERS:
64-A-86 and 64-A-87
PROPERTY ZONING
: R4 (Residential Planned Community) District
PRESENT USE:
Undeveloped/Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Single Family Residential
South: RA (Rural Areas) Use: Regional Airport
East: M1 (Light Industrial) Use: Industrial and Residential
MH1 (Mobile Home Community)
West: RA (Rural Areas) Use: Regional Airport and Office
B2 (General Business)
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 9
REVIEW EVALUATIONS:
Virginia Dept. of Transportation:
Please see summary of VDOT review comments dated July 5,
2018.
Frederick County Department of Public Works:
We will perform a comprehensive review of the
site plan to ensure compliance with applicable County Codes. All Stormwater design shall comply with
State and County Code. All environmental permit requirements shall be complied with prior to site
plan approval.
Frederick County Fire Marshall:
Plan approved.
Frederick County Attorney:
Please see Mr. Roderick B. Williams County Attorney, comment letter
dated October 30, 2018.
Frederick Water:
Please see Mr. Eric Lawrence, Executive Director, letter dated August 27, 2018.
Winchester Regional Airport:
Please see Mr. Nick Sabo, A.A.E., Executive Director, letter dated
September 7, 2018.
Frederick-Winchester Service Authority:
No comments.
Planning & Zoning:
1)Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject parcels as being zoned R1 (Residential Limited). The parcels were re-mapped from R1
(Zoning Amendment Petition #011-
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 A1 and A2 zoned land to the RA District. The subject properties were rezoned to
the R4 (Residential Planned Community) District is 2005 (revised in 2009, 2013 and 2014). A
Master Development Plan was approved for the property, the Governors Hill project, in 2009.
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
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 10
plan for the future physical development of Frederick County.
The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
Land Use
The 2035 Comprehensive Plan and the Senseny/Eastern Frederick Urban Area Plan provide
guidance on the future development of the property. The property is located within the SWSA.
The 2035 Comprehensive Plan identifies these properties with a B2/B3 land use designation
(commercial/transition uses). The requested M1 (Light Industrial) District is inconsistent with
the Comprehensive Plan.
The subject parcels are also located within the boundaries of the Airport Support Area that
surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport
operations wherein new residential land use is discouraged due to the prevalence of aircraft
noise and the consequent potential for use incompatibilities. The development of business and
industrial land uses is supported within the Airport Support Area to minimize such use conflicts
and ensure the feasibility of future airport expansion.
Transportation and Site Access
The planned road network included in the Senseny/Eastern Frederick Urban Area Plan identifies
a major collector road system which provides for an east-west linkage (Coverstone Drive) which
connects to Route 50 East at Inverlee Drive. A portion of Coverstone Drive currently exits from
Prince Frederick Drive to the property boundary of the Frederick County Public Safety
Center. The connection from existing Coverstone Drive to Inverlee Drive offers an important
major collector for the approved development as well as significant residential development
north of Route 50. This connection offers an alternative to and relieves future congestion on
Route 50 between Prince Frederick Drive and I-81.
In addition, Coverstone Drive will connect with the future relocated Route 522 South once it is
connected to Prince Frederick Drive. In combination with the soon to be bid Crossover
Boulevard project from Airport Road into the City of Winchester, this important network
connection will allow significant traffic flow from the residential area and the approved
development to Route 522 south and the City of Winchester without traveling through the Exit
313 interchange area.
3) Potential Impacts
Development Coordination:
Rezoning #03-18 seeks to sever two parcels (64-A-86 and 64-A-87) from the original approved
proffer and rezone them to the M1 District with a separate set of proffers.The primary changes
proposed with this rezoning include modifications to the overall transportation network
approved with the Governors Hill Rezoning. The approved rezoning provided for the
completion of Coverstone Drive from Prince Frederick Drive to its intersection with Millwood
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 11
with Land Bay 2 (commercial) and places this commitment solely on Land Bay 1 (residential).
This rezoning has not provided for any coordination between the parties of Land Bay 1 and
places a great deal of the road construction responsibilities on other parties.
With this proposed change, it also removes the commercial square footage trigger for the
completion of Coverstone Drive. Land Bay 2 consisted of the commercial area and Land Bay 1
the residential portion. The proposed change to industrial would not trigger the completion of
Coverstone Drive and Land Bay 1 does not have commercial areas and would therefore also not
trigger its completion.
Residential Monetary Proffers:
The overall rezoning utilized the tax revenue generated to offset the impacts of the 550
residential units within the development. The monetary proffers for the residential units are
$2,637/unit which was $2,345 less per unit than the capital impact model in place at the time of
rezoning. The Applicant has not demonstrated that the proposed industrial square footage
proposed with this rezoning will adequality offset the impacts the residential units will place on
the County. The approved rezoning projected up to 1,285,000 SF of commercial building area.
The proposed rezoning allows up to 805,000 SF of High-Cube Warehouse or other industrial
uses. The total credit utilized to offset the residential units totals $1,289,750. It is unclear what
the proposed industrial use will offset as opposed to the currently approved commercial
revenue.
Transportation:
It is recognized that while the trip generation for the development is significantly reduced with
the change in land use, the truck portion of that trip generation slightly increases from
approximately 916 (based on 2%) to 1,010.
Of significant concern from a transportation perspective is the implementation of the
comprehensive planned road network which is proffered in the approved rezoning. The
approved rezoning provides a coordinated development that implements the connection to
Route 50 at Inverlee Drive from Coverstone Drive. The A
portion of that roadway but shifts the remainder to the other land bays and there is no evidence
that it is feasible for the remaining landbays to address this. The connection from Route 50 to
Coverstone and eventually Route 522 (and its ultimate relocation) is important to improving the
long-term traffic congestion on Route 50 from Prince Frederick Drive to I-81.
This proposal also shifts the cash proffers for future improvements or signalization at the
intersection of Prince Frederick and Costello to the other land bays. In addition, the proposed
improvements at Route 522 and Costello Drive do not improve level of service or add capacity.
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 12
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/07/18 MEETING:
Staff reported this is a request to rezone a total of 122.18+/- acres from the R4 (Residential Planned
Community) District to the M1 (Light Industrial) District with proffers and provided an overview of the
application.
A Commission Member commented and inquired, the future Route 522 is supposed to come in at
Prince Frederick Drive, how would they connect the traffic from Coverstone Drive to the new Route
522. Staff noted it would be a significant intersection or a round-about. The Commission Member
inquired if a cash proffer is accepted by the County could it only be used for the purpose of those
transportation improvements and if not approved would that cash go back to the developer. Staff noted
without more detailed language in the proffers that would be correct. The Commission Member shared
his concerns regarding tractor trailers having to make multiple turns to access major roadway and the
dangers of the bad angle of turning left from Prince Frederick Drive onto Route 50. Staff noted it
would be difficult to improve this intersection.
A Commission Member commented, on the original rezoning cash proffers there is one that reads; by
June 30, 2018 the right-of-way and design to be secured for Coverstone Drive to the new Route 522 is
supposed to be a $20,000 cash proffer and he inquired was this proffer paid. Staff explained that it had
not been paid and the relocation to Route 522 was adopted by the BOS in December 2017. The
Commission Member asked if that would be considered a zoning violation with the existing rezoning.
Staff explained, the responsibility for that proffer falls to all property owners associated with the
original rezoning; it is an outstanding proffer therefore it is a component of the zoning ordinance
specific to this property and it would need to be fulfilled before any development occurs on the
property. He noted, should this rezoning move forward, this property would not be responsible for that
proffered contribution, that would fall on the balance of the properties as a zoning violation and all of
the other commitments that remain would be the responsibility of the remaining property owners.
Mr. Alex Westra representing Hines Global Investment and Development presented a brief overview
of the company. He noted, although a very large company, Hines remains family oriented. Mr. Westra
commented the development will be a major benefit to the County.
Mr. Ron Mislowsky of Pennoni Associates spoke on behalf of the Applicant. Mr. Mislowsky gave an
overview of how this application came forward and the prior rezoning. Mr. Mislowsky shared
comments provided by County Agencies. Mr. Mislowsky believes the impacts associated with this
rezoning have been addressed. Mr. Mislowsky noted the Applicant is agreeable to the increase to
emergency services of $0.10 per SF and also not to exceed 3,100 trips per day.
A Commissioner Member shared his concerns with the safety issues regarding truck traffic turning left
from Prince Frederick Drive onto Route 50. A Commission Member inquired regarding the Airport
Support District and does that encompass all of the Land Bays. Mr. Mislowsky stated that it does;
Business and Industrial.
Mr. Paul Anderson the Vice-Chairman of the Regional Airport Authority spoke in support of this
application and wants to make sure the proffers are left in place.
Rezoning #03-18 Carpers Valley Industrial Park
January 14, 2019
Page 13
Mr. Steve Aylor of Miller & Smith, the owners of parcels 64-A-83 and 64-A-83A requested this item be
postponed or denied.
Commission Members reiterated their concerns for this application: proffers too expensive for
residential; traffic safety; road development throughout.
A motion was made (Ambrogi), seconded (Dawson), and passed to recommend approval.
Yes: Mohn, Dawson, Triplett, Ambrogi, Thomas
No: Molden, Oates, Cline, Kenney
(Note: Commissioners Marston, Unger, Manuel were absent from the meeting.)
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
119132151139243DOOLIN
231
FAIRFIELD DR
1690
PEMBRIDGE DR
PURDUE DR
AVE
124
KINROSS DR
REZ # 03 - 18: Carpers Valley Industrial Park
105
105DARBY DR
105
SUMMERFIELD DR
1017SENSENY RD
CAHILLE DR
CAHILLE DR
YALE DR
ETNAM ST
217
MILLWOOD
112
102
108
102
FLANAGAN DR
PIKE
PRINCETON DR
PINs: 64 - A - 86, 64 - A - 87 218
YALE DR130
DONEGAL CT
ETNAM ST
113
112
STANLEY DR
1085
243
KINROSS DR
122
ETNAM ST
CAHILLE DR
Rezoning from R4 to M1
216
MILLWOOD
SUMMERFIELD DR
1026
PRINCETON DR
119
STANLEY DR
PIKE
111
MILLWOOD
136
106
1135
ETNAM ST
106
Zoning Map
1080
KILLANEY CT
PIKE
DARBY DR
STANLEY
MILLWOOD
203
124
PURDUE DR
MILLWOOD
CIR
PIKE
FLANAGAN DR
ETNAM ST
PIKE
116
130
1191
1090
1170
KILLANEY CT
201
DARBY DR
206
MILLWOOD
MILLWOOD
GREENWOOD RD
CUSTER
1237
120
STANLEY DR
PIKE
PIKE
126
156AVE
MILLWOOD
KILLANEY CT
125
205
DARBY DR
DELCO PLAZA
PIKE
KILLANEY CT
STANLEY DR
202
1160
GARBER
STANLEY DR
107104
202
MILLWOOD
147
BUSINESS CENTER KINROSS DRDUNER CT
198
CUSTER AVE
PIKE
RYCO LN
STANLEY DR
1230
206
Subdivision
MILLWOOD
CUSTER AVE
104
177
PIKE
WINSLOW CT
1288
RYCO LN
1393
100
MILLWOOD PIKE
179
MILLWOOD
DARBY DR
1302
RYCO LN
PIKE
1441
MILLWOOD PIKE
1515
250
MILLWOOD
MILLWOOD
1519
COSTELLO DR
PIKE
PIKE
MILLWOOD
231
252
PIKE
SULPHUR
COSTELLO DR
SPRING RD
1525
MILLWOOD
PIKE
1484
MILLWOOD
201
PIKE
PRINCE
REZ #03-18
64 A 87
FREDERICK
1514
185
PRINCE FREDERICK
MILLWOOD
SULPHUR
OFFICE PART
PIKE
1488
SPRING RD
REZ #03-18 143
MILLWOOD
Subdivision
SULPHUR
PIKE
SPRING RD
1600
64 A 87
£
¤
64 A 86
MILLWOOD 50
1080
112
PIKE
COVERSTONE DR
SULPHUR
SPRING RD
1761
MILLWOOD
PIKE
1813
MILLWOOD PIKE
277
1815
BUFFLICK RD
MILLWOOD
GOVERNORS HILL
PIKE
301
Subdivision
1652
BUFFLICK RD
1828
1835
MILLWOOD
MILLWOOD
MILLWOOD
317
PIKE
PIKE
PIKE
BUFFLICK RD
1830
MILLWOOD
367
324
PIKE
BUFFLICK RD
BUFFLICK RD
330
417
BUFFLICK RD
BUFFLICK RD
140
ARBOR CT
295
AIRPORT RD
WINCHESTER 182
ARBOR CT
REGIONAL AIRPORT
311
181
266
AIRPORT RD
Subdivision
220
PENDLETON DR
ARBOR CT
600
119
ARBOR CT
290
PEGASUS CT
ARBOR CT
441
220
AIRPORT RD
VICTORY RD
ARBOR CT
511
141
411
AIRPORT RD
MUSKOKA CT296
491
390
VICTORY RD
351
ARBOR CT
AIRPORT RD
AIRPORT RD
140
VICTORY RD
J I
INDEPENDENCE DR
321
C LTD.
ARBOR CT
Subdivision
§331
¨¦
368
81
VICTORY RD
VICTORY RD
220
287
ADMIRAL
338
Application£
¤344
VICTORY RD
50
BYRD DR
ARBOR CT
VICTORY RD
Parcels
287
320
VICTORY RD
Sewer and Water Service Area
380
VICTORY RD
212
ARBOR CT
296
B2 (General Business District)
INDEPENDENCE DR
VICTORY RD
580382
B3 (Industrial Transition District)
300
AIRPORT RDARBOR CT
211
ADMIRAL
M1 (Light Industrial District)
300
300
600
VICTORY RD
220
640
BYRD DR
ADMIRAL
ADMIRAL
M2 (Industrial General District)AIRPORT RD
VICTORY RD
µ
MH1 (Mobile Home Community District)
R4 (Residential Planned Community District)
RP (Residential Performance District)
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
05501,1002,200Feet
Map Created: October 18, 2018
119132151139243DOOLIN
231
FAIRFIELD DR
1690
PEMBRIDGE DR
PURDUE DR
AVE
124
KINROSS DR
REZ # 03 - 18: Carpers Valley Industrial Park
105
105DARBY DR
105
SUMMERFIELD DR
1017SENSENY RD
CAHILLE DR
CAHILLE DR
YALE DR
ETNAM ST
217
MILLWOOD
112
102
108
102
FLANAGAN DR
PIKE
PRINCETON DR
PINs: 64 - A - 86, 64 - A - 87 218
YALE DR130
DONEGAL CT
ETNAM ST
113
112
STANLEY DR
1085
243
KINROSS DR
122
ETNAM ST
CAHILLE DR
Rezoning from R4 to M1
216
MILLWOOD
SUMMERFIELD DR
1026
PRINCETON DR
119
STANLEY DR
PIKE
111
MILLWOOD
136
106
1135
ETNAM ST
106
Location Map
1080
KILLANEY CT
PIKE
DARBY DR
STANLEY
MILLWOOD
203
124
PURDUE DR
MILLWOOD
CIR
PIKE
FLANAGAN DR
ETNAM ST
PIKE
116
130
1191
1090
1170
KILLANEY CT
201
DARBY DR
206
MILLWOOD
MILLWOOD
GREENWOOD RD
CUSTER
1237
120
STANLEY DR
PIKE
PIKE
126
156AVE
MILLWOOD
KILLANEY CT
125
205
DARBY DR
DELCO PLAZA
PIKE
KILLANEY CT
STANLEY DR
202
1160
GARBER
STANLEY DR
107104
202
MILLWOOD
147
BUSINESS CENTER KINROSS DRDUNER CT
198
CUSTER AVE
PIKE
RYCO LN
STANLEY DR
1230
206
Subdivision
MILLWOOD
CUSTER AVE
104
177
PIKE
WINSLOW CT
1288
RYCO LN
1393
100
MILLWOOD PIKE
179
MILLWOOD
DARBY DR
1302
RYCO LN
PIKE
1441
MILLWOOD PIKE
1515
250
MILLWOOD
MILLWOOD
1519
COSTELLO DR
PIKE
PIKE
MILLWOOD
231
252
PIKE
SULPHUR
COSTELLO DR
SPRING RD
1525
MILLWOOD
PIKE
1484
MILLWOOD
201
PIKE
PRINCE
REZ #03-18
64 A 87
FREDERICK
1514
185
PRINCE FREDERICK
MILLWOOD
SULPHUR
OFFICE PART
PIKE
1488
SPRING RD
143
MILLWOOD
Subdivision REZ #03-18
SULPHUR
PIKE
SPRING RD
1600
64 A 87
£
¤
64 A 86
MILLWOOD 50
1080
112
PIKE
COVERSTONE DR
SULPHUR
SPRING RD
1761
MILLWOOD
PIKE
1813
MILLWOOD PIKE
277
1815
BUFFLICK RD
MILLWOOD
GOVERNORS HILL
PIKE
301
Subdivision
1652
BUFFLICK RD
1828
1835
MILLWOOD
MILLWOOD
MILLWOOD
317
PIKE
PIKE
PIKE
BUFFLICK RD
1830
MILLWOOD
367
324
PIKE
BUFFLICK RD
BUFFLICK RD
330
417
BUFFLICK RD
BUFFLICK RD
140
ARBOR CT
295
AIRPORT RD
WINCHESTER 182
ARBOR CT
REGIONAL AIRPORT
311
181
266
AIRPORT RD
Subdivision
220
PENDLETON DR
ARBOR CT
600
119
ARBOR CT
290
PEGASUS CT
ARBOR CT
441
220
AIRPORT RD
VICTORY RD
ARBOR CT
511
141
411
AIRPORT RD
MUSKOKA CT296
491
390
VICTORY RD
351
ARBOR CT
AIRPORT RD
AIRPORT RD
140
VICTORY RD
J I
INDEPENDENCE DR
321
C LTD.
ARBOR CT
Subdivision
§331
¨¦
368
81
VICTORY RD
VICTORY RD
220
287
ADMIRAL
338
£
¤344
VICTORY RD
50
BYRD DR
ARBOR CT
VICTORY RD
287
320
VICTORY RD
380
VICTORY RD
212
ARBOR CT
296
INDEPENDENCE DR
VICTORY RD
580382
300
AIRPORT RDARBOR CT
211
ADMIRAL
300
300
600
VICTORY RD
220
640
BYRD DR
ADMIRAL
ADMIRAL
AIRPORT RD
VICTORY RD
µ
Application
Parcels
Sewer and Water Service Area
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
05501,1002,200Feet
Map Created: October 18, 2018
108113126108
DARBY DR
PEMBRIDGE DR
110
DONEGAL CT
PRINCETON DRPURDUE DR
REZ # 03 - 18: Carpers Valley Industrial Park
131
211112
ETNAM ST
1085
KINROSS DR
FLANAGAN DRCAHILLE DR
MILLWOOD
1026
PIKE PINs: 64 - A - 86, 64 - A - 87
106
106136
MILLWOOD1135
111
STANLEY
1080
PIKEPURDUE DRDARBY DR
MILLWOOD
KILLANEY CT
Rezoning from R4 to M1
210
CIR
MILLWOOD
PIKE
1170
1191
116
STANLEY DR
PIKE
1090
GREENWOOD RD
MILLWOOD
KILLANEY CT
Long Range Land Use Map 123
201
156
MILLWOOD
PIKE
206
KILLANEY CT
1237
CUSTER
DELCO PLAZA120
PIKE
STANLEY DR
MILLWOODAVE
KILLANEY CT
1160125
124
PIKE
MILLWOODKILLANEY CT
DARBY DR
251
PIKE
107
198
104
FRONT
147KINROSS DR
STANLEY DR
DUNER CT
ROYAL PIKE
206
1230
RYCO LN
150
CUSTER
MILLWOOD
1288
AVESTANLEY DR
177
PIKE
100
190
MILLWOOD PIKE
1393
RYCO LN
DARBY DR
COSTELLO DR
230
MILLWOOD
179
1302
COSTELLO DR
PIKE
1441
RYCO LN
MILLWOOD PIKE
210
1515
MILLWOOD
250
COSTELLO DR
MILLWOOD
PIKE
COSTELLO DR
PIKE
1519
PRINCE FREDERICK
231
252
MILLWOOD PIKE
SULPHUR
OFFICE PART
COSTELLO DR
SPRING RD
1525
Subdivision
MILLWOOD
PIKE
1484
MILLWOOD
186PIKE
201
WINCREST DR
PRINCE
64 A 87
FREDERICK
1514
MILLWOOD
REZ #03-18
PIKE
REZ #03-18 1488
143
MILLWOOD
SULPHUR
PIKE
1600
64 A 87
SPRING RD
64 A 86
MILLWOOD
£
¤
1080
PIKE
50
COVERSTONE DR
1753
Application
MILLWOOD
Parcels
PIKE
223
BUFFLICK RD
1773
Sewer and Water Service Area
262
MILLWOOD PIKE
BUFFLICK RD
Long Range Land Use
233
Residential
BUFFLICK RD
301
1652
1828
Neighborhood Village
277BUFFLICK RD
MILLWOOD
MILLWOOD
BUFFLICK RD
PIKE
PIKE
317
Urban Center
287
BUFFLICK RD
GOVERNORS HILL
244 Mobile Home Community
BUFFLICK RD339
1830
BUFFLICK RD
Subdivision
BUFFLICK RD
Business
298
367
MILLWOOD
BUFFLICK RD
BUFFLICK RD
PIKE
201
Highway Commercial
330
BRIGSTOCK DR
Mixed-Use 417
BUFFLICK RD
140
BUFFLICK RD
ARBOR CT
Mixed Use Commercial/Office
271
WINCHESTER
431
AIRPORT RD
Mixed Use Industrial/Office
182
BUFFLICK RD
402
REGIONAL AIRPORT
295
ARBOR CT
Industrial
BUFFLICK RD
AIRPORT RD
Subdivision
401
311
220
181
PEGASUS CT
230 Warehouse
AIRPORT RD
290
ARBOR CT
PENDLETON DR
AIRPORT RD
AIRPORT RD
Heavy Industrial
119
220
238
ARBOR CT
Extractive Mining
ARBOR CT
141
AIRPORT RD
411
Commercial Rec
MUSKOKA CT
296
390
VICTORY RD
491
266
351
ARBOR CT
Rural Community Center
AIRPORT RD
161
AIRPORT RD
ARBOR CT
VICTORY RD
MUSKOKA CT
Fire & Rescue
170
321
MUSKOKA CT
Sensitive Natural Areas
ARBOR CT
PRESTON BUSINESS PARK
Institutional J I C LTD.
331
Subdivision
511
Subdivision
368
Planned Unit Development
VICTORY RD
220
AIRPORT RD
VICTORY RD
338
ADMIRAL
Park
BYRD DRARBOR CT
AIRPORT
Recreation 320
VICTORY RD
BUSINESS CENTER
380
School
§
¨¦
280
310
ARBOR CT
81
Subdivision
222
VICTORY RD
Employment
VICTORY RD
382
ADMIRAL
ARBOR CT
580
Airport Support Area£
¤
127
BYRD DR
50 320
AIRPORT RD
ELMWOOD RD
B2 / B3
211
INDEPENDENCE DR
200
129
VICTORY RD
Residential, 4 u/a
AVIATION DR
300
ELMWOOD RD
220
High-Density Residential, 6 u/a
ADMIRAL
128
VICTORY RD
BYRD DR
ELMWOOD RD
291
High-Density Residential, 12-16 u/a
251
INDEPENDENCE DR
CUMORAH
730
Rural Area
138
285
730
CREST LN
AIRPORT RD
Interstate Buffer
TAILSPIN CIR
INDEPENDENCE DR
µ
Landfill Support Area
Natural Resources & Recreation
Environmental & Recreational Resources
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
06001,2002,400Feet
Map Created: October 18, 2018
ORDINANCE
Action:
PLANNING COMMISSION: November 7, 2018 Public Hearing, Recommended Approval
BOARD OF SUPERVISORS: December 12, 2018 Postponed
January 23, 2019
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-18 CARPERS VALLEY INDUSTRIAL PARK
WHEREASREZONING #03-18 Carpers Valley Industrial Park,
, was submitted by Pennoni Associates to rezone
122.18 ± acres from the R4 (Residential Planned Community) District to the M1 (Light Industrial) District with
proffers with a final revision date of November 20, 2018. The subject properties are located approximately one mile
east of I-81 on the south side of Millwood Pike (Route 50), proceed right on Prince Frederick Drive (Route 781) then
left on Coverstone Drive. The properties are located in the Shawnee Magisterial District and are identified by Property
Identification Nos. 64-A-86 and 64-A-87; and
WHEREAS,
the Planning Commission held a public hearing on this rezoning on November 7, 2018 and
recommended approval; and
WHEREAS
, the Board of Supervisors postponed this rezoning on December 12, 2018; and
WHEREAS
, the Board of Supervisors held a public hearing on this rezoning on January 23, 2019; and
WHEREAS
, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best
interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan;
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 122.18 ± acres from the R4 (Residential Planned
Community) District to the M1 (Light Industrial) District with proffers with a final revision date of November 20,
2018. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached.
This ordinance shall be in effect on the date of adoption.
Passed this 23rd day of January 2019 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____
J. Douglas McCarthy ____ Robert W. Wells ____
Shannon G. Trout ____ Judith McCann-Slaughter ____
A COPY ATTEST
Blaine P. Dunn ____
_________________________________
PDRes. #35-18 Kris C. Tierney, Frederick County Administrator
COUNTY of FREDERICK
Department of Planning andDevelopment
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Frederick CountyBoard of Supervisors
FROM:
Michael T. Ruddy, AICP, Director of Planning and Development
RE:UPDATE -
Request forsupportfor St. Paul’s on the Hill /Wesley
HousingDevelopment Corporation.
DATE:
January 17,2019
Please find attachedcorrespondencefrom Mr. John Foote on behalf of Wesley Housing
and St. Paul’s on the Hill regardingthe request for support for the Low Income Tax
Credits for theproject. Mr. Foote is providing the additional information on the Low
Income Housing Tax Credits and the St. Paul’s on the Hill project, based on questions
and comments from the Board of Supervisors.
Included in the attachment is a revised resolution of support for the Boardof Supervisors
consideration.
As the Board isaware,the request is for the Frederick County Board of Supervisors to
pass a resolutiondesignating the St. Paul’s on the Hill property, PIN 54-A-128, as a local
housing revitalization zone.Alocal housing revitalization zoneiscreated by resolution of
the local governing bodypursuant to the Code of Virginia and the Virginia Housing
Development AuthorityVHDAcriteria.
Wesley Housing is seeking Low Income Tax Credits administered through the Virginia
Housing Development Authorityto assist with the development of this project.This
designation of a local housing revitalization zonewould be beneficial to the applicantas
it would potentially enable the allocation of additional points to theirVHDAapplication
due to it being insuch a local housing revitalization zone.
Attachments:
1.Letterfrom John H. Foote, Walsh Colucci Lubeley & Walsh PC
107 North Kent Street, Suite 202Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Frederick CountyBoard of Supervisors
FROM:
Michael T. Ruddy, AICP, Director of Planning and Development
RE:
Request for support for St. Paul’s on the Hill /Wesley Housing
Development Corporation.
DATE:
January 3, 2019
Frederick County has receiveda request from Wesley Housing Development Corporation
in connection with its development of the mixed-use project at St. Paul’s on the Hill
Episcopal Church, located at 1527 Senseny Road.
More specifically, the request is for the Frederick County Board of Supervisors to pass a
resolution designating the St. Paul’s on the Hill property, PIN 54-A-128, as a local
housing revitalization zone. A local housing revitalization zone is created by resolution of
the local governing body pursuant to the Code of Virginia and the Virginia Housing
Development Authority VHDAcriteria.
Wesley Housing is seeking Low Income Tax Credits administered through the Virginia
Housing Development Authority to assist with the development of this project.This
designation of a local housing revitalization zone would be beneficial to the applicant as
it would potentially enable the allocation of additional points to their VHDA application
due to it being in such a local housing revitalization zone.
Should the Board of Supervisors desire to support this request, a draft resolution has been
preparedbyMr. Foote on behalf of Wesley Housing.
Attachments:
1.Letter from John H. Foote, Walsh Colucci Lubeley & Walsh PC
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000