October 9 2019 Board_Agenda_PacketAGENDA
REGULAR MEETINGBOARD OF SUPERVISORS
WEDNESDAY, OCTOBER 9, 2019
7:00 PM
BOARD MEETING ROOM
107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601
1.Call to Order
2.Invocation
3.Pledge of Allegiance
4.Adoption of Agenda
5.Citizen Comments –
For Agenda Items that are not the subject of a Public Hearing
6.Consent Agenda
(Roll Call Vote Required)
6.A.Minutes of Closed Session, Joint Planning Commission Work Session,
and Regular Meeting of September 25, 2019
MinutesClosedSessionBOS190925.pdf
MinutesJointWorkSessionBOS-PC-CPPC190925.pdf
MinutesRegularMeetingBOS190925.pdf
6.B.Transportation Committee Report of 9/30/19
TransportationCommitteeReportOfSeptember30Meeting.pdf
6.C.Request for Approval to Conduct Rabies Clinics
MemoAndBoardLetterOnRabiesClinics.pdf
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MEETING AGENDA PAGE 2
Frederick County Board of Supervisors
WEDNESDAY, OCTOBER 9, 2019
Consent Agenda, continued
6.D.Confirmation of Voting Credentials for Supervisor Dunn for the Virginia
Association of Counties Annual Meeting on November 12, 2019
VotingCredentialsFor2019VACoMeeting.pdf
6.E.Formal Confirmation of the Board's desire not to move forward with
CPPA #02-19 -Woodside Business Park
MemoNoFurtherStudy2019CPPA.pdf
6.F.Request from the Commissioner of the Revenue for Refund and
Corresponding Supplemental Appropriation
Toyota Lease Trust -$ 5,376.05
Refund.pdf
6.G.Committee Appointments Memo -For Information Only
CommitteeAppts(100919).pdf
7.Board of Supervisors Comments
8.County Officials
8.A.Selection of Name for Ballfield Complex on Stephenson Road
ParksRecMemoOnNamingBallfieldComplex.pdf
9.Committee Business-
(None)
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MEETING AGENDA PAGE 3
Frederick County Board of Supervisors
WEDNESDAY, OCTOBER 9, 2019
10.Public Hearings (Non Planning Issues)
Amendment to the 2019-2020 Fiscal Year Budget
10.A.-Pursuant to
Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board
of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2019-
2020 Budget to Reflect: General Fund and County Capital Fund
Supplemental Appropriation in the Amount of $4,504,520.This Amount
Represents General Fund Fund Balance in Excess of 20% to be
Transferred to the Capital Fund.
FY2019-2020BudgetAmendment.pdf
11.Planning Commission Business -Public Hearings
–None
12.Planning Commission Business -Other Planning Business
12.A.Discussion: Landscaping, Buffers, Screening & Off-Street Parking
DiscussionLandscapingBufferScreeningOffStreetParkingCertainUses.
12.B.Discussion: Telecommunications facilities, commercial
DiscussionTelecommunicationFacilitiesCommercial.pdf
13.Board Liaison Reports
14.Citizen Comments
15.Board of Supervisors Comments
16.Adjourn
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4
MINUTES
CLOSED SESSION
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, SEPTEMBER 25,2019
5:00P.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; Judith McCann-Slaughter;J. Douglas McCarthyand Robert W. Wells were
present.Shannon G. Trout was absent.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney;Mike Ruddy, Director of Planning and
Development;Candice Perkins, Assistant Director of Planning & Development; John Bishop,
AssistantDirector of Planning & Development-Transportation;Mark Cheran, Zoning & Subdivision
Administrator; Tyler Klein, Planner; Scott Varner, Director of Information Technologies;andAnn
W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 5:00p.m.
CLOSED SESSION
At 5:01p.m., Vice Chairman Lofton moved that the Board of Supervisors convene in closed
session pursuantto Virginia Code § 2.2-3711(A)(3) for discussion of the disposition of publicly held
real property, where discussion in an open meeting would adversely affect the bargaining position
or negotiating strategy of the public body. Supervisor Dunnseconded the motion which carried on
a voice vote.
At 5:11p.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 Dunn. Vice Chairman
Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each
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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 Dunnseconded
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
Judith McCann-SlaughterAye
COUNTY ADMINISTRATOR AUTHORIZED TO EXECUTE CONTRACT FOR SALE OF OLD
FREDERICK COUNTY MIDDLE SCHOOL –APPROVED
Vice Chairman Lofton moved that the Board authorize the County Administrator to execute
on behalf of the County a contract for the sale of the Old Frederick County Middle School property,
441 Linden Drive, in the City of Winchester, Tax Map ID #130-01-1, to HD Partners, LLC, consistent
with the discussion of the Board in its closed session just concluded.Supervisor McCarthy
seconded the motion which carried on roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAye Charles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
ADJOURN
At 5:15p.m., Chairman Dehaven adjourned the meeting until the 5:30 p.m. work session.
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MINUTES
JOINT WORK SESSION
FREDERICK COUNTY BOARD OF SUPERVISORS
PLANNING COMMISSION
COMPREHENSIVE PLANS AND PROGRAMS COMMITTEE (CPPC)
WEDNESDAY, SEPTEMBER 25,2019
5:30P.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;Judy McCann-Slaughter and Robert W. Wells
were present. Shannon G. Trout was absent.
Planning Commission & CPPC:Kevin W. Kenney; Gregory L. Unger; William H. Cline;
Robert S. Molden; Lawrence R. Ambrogi; Gary R. Oates; Kathleen “Kay” Dawson; Alan L. Morrison;
J. Rhodes Marston; Jim Golladay. Planning Commission members Chris Mohn; Roger Thomas;
Charles Triplett; and H. Paige Manuel were absent.
Staff Present:Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney; Scott Varner, Director of Information
Technology; Mike Ruddy, Director of Planning & Development; Candice Perkins, Assistant Director
of Planning & Development; John Bishop, Assistant Director of Planning & Development-
Transportation; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Planner; and Ann
W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 5:30p.m.
Planning Commission Chairman Kevin Kenney called the meeting to order at 5:30 p.m.
Planning Director Mike Ruddy reviewed the work session agenda.
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1.Comprehensive Plan Amendment (CPPA) Request for 2019:
• CPPA #02-19–Woodside Business Park –Woodside Road –Clearbrook
Assistant Planning Director Candice Perkins reviewed the request to expand the
boundary of the Sewer and Water Service Area (SWSA) to include 181.56 acres of landand
also to change the land use designation from warehousing as shown in the Northeast Land
Use Plan to industrial. She said the properties are currently zoned RA (Rural Areas)andare
located on the northeastern side of Woodside Road, with has frontage on Grace Church Road,
in the Stonewall Magisterial District.She said staff was seeking a recommendation as to
whether the request warrants further study either individually or as part of a larger review of
the Northeast Land Use Plan.
Following discussion, the Board and Commission members reached consensus that
there is no interest in forwarding the requested comprehensive plan amendment nor is there
any interest in studying the Northeast Land Use Planat this time.
2. Planning project items:
Mr. Ruddy reviewed the list of items for discussion.
Assistant Planning Director-Transportation John Bishop highlighted transportation planning
projects and funding methods.
The Board, the Commission, and staff discussed housing,a Rural Areas Study, a joint retreat,
andconditional use permits and zoning.
Housing
Chairman DeHaven noted the development community will build what is “hot”. He asked if
staff could research ways to incentivize affordable housing for public safety personnel and other similar
demographic groups.
Planning Commissioner Morrison agreed with Chairman DeHaven that development is market
driven. He asked if the county were to dictate building types, his primary concern would be how it would
fund and manage the process.
Supervisor Dunn noted the expected future population growth and asked how the growth will
be paid for.
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Conditional Use Permits and Zoning
Supervisor Dunn said that conditional use permitsoften seem like ‘mini-zoning’ and inquired
whether the process should be tightened up.
Chairman DeHaven agreed with the comments on conditional use permits saying that they
were an attempt to interject some flexibility but have gotten out of hand over theyears.
Joint Retreat
Planning Commissioner Oates noted that in previous years, the Board and Commission met in
a joint retreat on the Saturday prior to the Superbowl.
Chairman DeHaven agreed that meeting at least once a year is a good idea.
Planning Commission Chairman Kenney said it is frustrating to be working in a given direction
and then find out the Board wants to go a different way. He said he appreciated the direction provided
on the CPPA earlier in the meeting.
Rural Areas/Rural Community Centers
In response to Planning Commission Chairman Kenney’s question, both Supervisor McCarthy
and Chairman DeHaven expressed interest in a study of Rural Areas/Rural Community Centers.
Supervisor Dunn said he supported the study of Rural Areas/Rural Community Centers adding
that the topic could be discussed at a joint retreat.
Planning Commissioner Marston discussed changes in farming and apple packing that are
leading to farmers being forced to sell rural land.
Mr. Tierney said the County has done a fair amount to address rural area issues including
cluster development and the program for transferring development rights, both of which give land
owners analternative to selling. He added that somecommunitiesfund the purchase of development.
Mr. Tierney said he would not want Countyregulations to beanimpedimentto the building ofaffordable
housing.
ADJOURN
The meeting was adjourned at 6:25p.m.
9
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, SEPTEMBER 25,2019
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; Judith McCann-Slaughter;J. Douglas McCarthyand Robert W. Wells were
present.Shannon G. Trout was absent.
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 and Development;Candice Perkins, Assistant Director of
Planning & Development; Mark Cheran, Zoning & Subdivision Administrator; Tyler Klein, Planner;
Scott Varner, Director of Information Technologies;Sharon Kibler, Assistant Director of Finance;
Patrick Barker, EDA Executive Direct; Jason Robertson, Director of Parks and Recreation; Jon
Turkel, Assistant Director of Parks and Recreation; Dennis Linaburg, Fire & Rescue Chief; Steve
Majchrzak, Assistant Fire & Rescue Chief; andAnn W. Phillips, Deputy Clerk to the Board of
Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00p.m.
INVOCATION
Supervisor McCarthy deliveredthe invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton led the Pledge of Allegiance.
ADOPTION OF AGENDA –APPROVED
Upon motion of Supervisor Slaughter,seconded by Vice Chairman Lofton,theagendawas
adoptedon a voice vote.
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Frederick County Board of Supervisors
Regular Meeting Minutes * September 25, 2019
1
RECOGNITION OF BOY SCOUT TROOP 159
Chairman DeHaven recognized the attendance of members of Boy Scout Troop 159 from
Macedonia Church, Stephens City.
CITIZENS COMMENTS-None
ADOPTION OF CONSENT AGENDA –APPROVED
Upon motion of Supervisor Slaughter,seconded bySupervisor Dunn,the consent agenda
was adoptedonaroll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
-Minutes: Closed Session & Regular Meeting of 9-11-19-
CONSENT AGENDA APPROVAL
-Finance Committee Report of 9-18-19-
CONSENT AGENDA APPROVAL, Appendix 1
-Parks & Recreation Commission Report of 9-10-19-
Appendix 2
CONSENT AGENDA APPROVAL,
-Request by the Alliance for the Shenandoah Valley for Letter of Support for State Cost-
Share Funding-
CONSENT AGENDA APPROVAL
-Request from Commissioner of the Revenue for Refund and Corresponding
Supplemental Appropriation -
CONSENT AGENDA APPROVAL
Denny's Inc. -$2,521.98
-Request to Schedule Public Hearing on Proposed Revisions to the Articles of
Incorporation of Frederick Water-
CONSENT AGENDA APPROVAL
-Parks & Recreation Commission's Buildings and Grounds Committee proposes bringing
forth the current names of the Clearbrook ballfields (Frey, Franklin, Roper, Cole) to
the new Stephenson Road ballfields -
CONSENT AGENDA APPROVAL
-Resolution Adding Quincy Mill Court to the Secondary System of State Highways-
CONSENT AGENDA APPROVAL
WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by
reference, are shown on plats recorded in the Clerks Office of
WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this
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Frederick County Board of Supervisors
Regular Meeting Minutes * September 25, 2019
2
Board that the streets meet the requirements established by the
Virginia Department of Transportation; and
WHEREAS, the County and the Virginia Department of Transportatioave entered into an
agreement on June 9, 1993, for comprehensive stormwater detentio
addition; and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state
highways, pursuant to 33.2-705, Code of Virginia, and the Departments Subdivision Street R
and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrest-of-way, as
described, and any necessary easements for cuts, fills and drain
BE IT FURTHER RESOLVED, that a certified copy of this resolution
Resident Engineer for the Virginia Department of Transportation
Street Name and/or Route Number: Quincy Mill Court, State Route Number 1608
Old Route Number: 0
From: Route 1665, Riley Mill Lane
To: 0.17 mile southwest of Route 1665, Riley Mill Lane, a distan
Recordation Reference: Instrument #080004902, Page 0187
Right of Way width (feet) = 50'
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BOARD OF SUPERVISORS COMMENTS-None
COUNTY OFFICIALS:
INTRODUCTION OF STEVE MAJCHRZAK, ASSISTANT FIRE CHIEF OF THE FREDERICK
COUNTY FIRE AND RESCUE DEPARTMENT
Chief Dennis Linaburg thanked the Board and County Administrator Kris Tierney for
making the appointment of an Assistant Chief possible and introduced newly hired Assistant Chief
Steve Majchrzak.
COMMITTEE APPOINTMENTS:
MARK GAYLOR REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD -APPROVED
On motion of Supervisor McCarthy, seconded by Vice Chairman Lofton, Mark Gaylor
was reappointed to the Handley Regional Library Board forafour-yearterm ending November 30,
2023.The motion carried on a voice vote.
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Frederick County Board of Supervisors
Regular Meeting Minutes * September 25, 2019
3
REQUEST FROM FREDERICK COUNTY PUBLIC SCHOOLS TO PARTICIPATE IN VPSA
BOND SALE IN THE AMOUNT OF $3.2 MILLION FOR REPLACEMENTROBERT E. AYLOR
MIDDLE SCHOOL AND FOR SCHEDULING A PUBLIC HEARING ON THE MATTER -
APPROVED
Deputy County Administrator Jay Tibbs said the Board of Supervisors, at is July 10,
2019 meeting, approved the appropriation of the additional $3.2 million, and Frederick County
Public Schools is seeking to obtain the $3.2 million through the VPSA bond sale program. He said
the first step in this process is for the governing body of the locality to authorize a publichearing
on the authorization of the borrowing,adding that the request before the Board is to schedule a
public hearing at its October 23, 2019 meeting.
On motion of SupervisorSlaughter, seconded by Supervisor McCarthy, and carried
on a voice votethe Board approved setting the public hearing.
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COMMITTEE BUSINESS:
FINANCE COMMITTEE
Supervisor Slaughter moved for approval of the following:
The Purchasing Manager requests an update to the County’s Purchasing Policy to be
effective November 1, 2019. The changes are permitted under the Virginia Public Procurement Act
(VPPA) and include the following: a. Increase the verbal quote minimum from $1,500 to $2,000;
b. Increase the purchase order minimum from $2,500 to $5,000; andc. Increase the formal
solicitation minimum from $50,000 to $70,000.Vice Chairman Loftonseconded the motion which
carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the following:
The Sheriff requests a General
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Frederick County Board of Supervisors
Regular Meeting Minutes * September 25, 2019
4
Fund supplemental appropriation in the amount of $25,834.85.This amount represents a carry forward of
.Vice Chairman Loftonseconded the
unspent FY2019 funds for the purchase of a replacement vehicle
motion which carried on a roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the following:
The IT Director requests a General
Fund supplemental appropriation in the amount of $56,000.This amount represents PEG funds to update
the presentation equipment in the BOS meeting room.This item was originally approved by the BOS
Vice Chairman Lofton seconded the motion which carried on a
Technology Committee in May 2017.
roll call vote as follows:
Blaine P. DunnAyeShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the following:
The EDA Executive Director
requests an EDA Fund supplemental appropriation in the amount of $3,000.This amount represents
donations received in FY2019 from local business to provide scholarships to the 2019 Employer Expo
Supervisor McCarthy seconded the motion which carried on a roll call vote as follows:
participants.
Blaine P. DunnAyeShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
Supervisor Slaughter moved for approval of the following:
The Parks & Recreation Director
General Fund supplemental appropriation in the amount of $50,000(pending grant award) in
requests a
order to apply for a PeopleForBikes grant in the amount of $10,000 with a $40,000 match requirement to be
Supervisor Wellsseconded the motion which carried on a roll call vote
met with Parks proffer funds.
as follows:
Blaine P. DunnAyeShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
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Frederick County Board of Supervisors
Regular Meeting Minutes * September 25, 2019
5
Supervisor Slaughter moved for approval of the followingincluding setting apublic hearing:
The Finance Director presents FY 2019 Year End financial information and requestsa General Fund and
County Capital Fund supplemental appropriation in the amount of $4,504,520.This amount represents
General Fund fund balance in excess of 20% to be transferred to the Capital Fund.A public hearing is
Supervisor McCarthyseconded the motion which carried on a roll call vote as follows:
required.
Blaine P. DunnAyeShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
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PUBLIC HEARINGS–NON PLANNING ISSUES
OUTDOOR FESTIVAL PERMIT REQUEST OF WAVELAND FARM, LLC AND CYNTHIA J.
LAYMAN –WEDDINGS-APPROVED
Mr. Tierney providedbackgroundon the outdoor festival permit request saying the
applicant is requesting the festivalpermit for three upcoming events after being denied a conditional
use permit for an event center. He noted there had been some complaints received in the Planning
Department that had not been pursued while the Applicant was seeking the conditional use permit.
The Board and staff discussed the timeline of when events were held and when the permit
was applied for, noting that events have been held after denial of the conditional use permit.
The Applicant, Cynthia Layman, said the request for an event center permit was startedin
2018 and time was spent to purchase an easement from a neighbor allowing access to her
property. She said her understanding was that she could hold events without a permit if attendance
was less than 100, adding that she coordinates traffic control with the Sheriff’s Department.
Supervisor McCarthy noted displeasure that events had been held after denial of the
conditional use permit.
Chairman DeHaven opened the public hearing.
Thomas Hills, Back Creek District, said his property adjoins the Applicant’s property and
he has found no disruption or noise during events. He said having an event center to help the
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Frederick County Board of Supervisors
Regular Meeting Minutes * September 25, 2019
6
preservation of farmland is admirable.
Pam Simmers, Back Creek District, said there has not been a noise issue. She noted the
Applicant takes care of the property and she said she is in support of the festival permit.
Dudley Rinker, Back Creek District, said he was opposed to the conditional use permit
andis opposed to this festival permit also.
Debbie Ramey, Back Creek District, said she is the sister of the Applicant and spoke in
favor of the festival permit.
The Applicant, Cynthia Layman, said while she has not received any complaints, she
would be willing to work with any neighbors if there should be an issue.
Chairman DeHaven closed the public hearing.
Vice Chairman Lofton moved to approve the festival permit. Supervisor McCarthy
seconded the motion.
Supervisor McCarthy moved to amend the motionwith a limit of 100 attendees per event.
There was no second to the motion to amend.
Vice Chairman Lofton said the entrance issue has been resolved and he has heard no
complaints about events on the property.
Supervisor Wells noted the difficulty controlling the number of event attendees, adding that
he has not heard any complaints about the property. He expressed disappointment that events
were held after denial of the conditional use permit.
Supervisor McCarthy said he hopes no additional events, other than the three currently
being requested, will be held without a conditional use permit.
Supervisor Dunn noted his disappointment that events were held after the permit denial.
He said traffic is a big issue and moved for amending the motion to allow only the first event listed
in the request. There was no second to the motion to amend.
Chairman DeHaven said he hoped the Board would see a conditional use permit granted
before any further events are scheduled on the property.
The motion in favor of approving the permit carried on a roll call vote as follows:
Blaine P. DunnNoShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterNo
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Frederick County Board of Supervisors
Regular Meeting Minutes * September 25, 2019
7
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PLANNING COMMISSION BUSINESS –PUBLIC HEARINGS–None
PLANNING COMMISSION BUSINESS –OTHER PLANNING BUSINESS
PROPOSED ORDINANCE AMENDMENT –PUBLIC UTILITIES INCLUDING UTILITY-SCALE
SOLAR POWER GENERATING FACILITIES–FORWARDED TO PLANNING COMMISSION
PUBLIC HEARING
Planner Tyler Klein explainedtheproposed amendment saying during 2018, the
Board of Supervisors considered a stand-alone Zoning Ordinance text amendment to add a
definition and specific supplemental use regulations for “Solar (Photovoltaic) Energy Facilities”.
Under the 2018 draft amendment, solar energy facilities would have required an approved
conditional use permit (CUP) prior to the establishment of the use. He said the Board directed Staff
to provide additional information regarding the removal of equipment when a solar facility is no
longer in operation (i.e. decommissioning).Mr. Klein continued saying the CountyAttorney and
staff subsequently provided a determination that utility-scale solar power generating facilities would
qualify as public utility facilities under the County’s existing by-right allowance for “public utility”
facilities in various County zoning districts, including the RA (Rural Areas) Zoning District. He said
specifically, under applicable state law, utility-scale solar power generating facilities qualify as
“public utility” facilities, and that the currentlyproposed amendment was prepared to be consistent
with the above determination. Mr. Klein said, in addition, the General Assembly amended the Code
of Virginia (§15.2-2241.2), effective July 1, 2019, to require financial arrangements for the
decommissioning of solar energy facilities, and to address this legislation, staff has prepared the
additional regulations for the specific uses section of the proposed amendment.He said staff is
seeking direction from the Board of Supervisors on whether to forward this Zoning Ordinance text
amendment for public hearings.
The Board and staff discussed the proposal. On motion of Supervisor Dunn,
seconded by Vice Chairman Lofton, the proposed ordinance amendment was sent to the Planning
Commission for public hearing on a roll call vote as follows:
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Frederick County Board of Supervisors
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8
Blaine P. DunnAyeShannon G. TroutAbsent
Gary A. LoftonAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
PROPOSED ORDINANCE AMENDMENT –CONDITIONAL USE IN THE RA (RURAL AREAS)
ZONING DISTRICT–FORWARDED TO PLANNING COMMISSION PUBLIC HEARING
Planner Tyler Klein explainedthe proposed amendment saying the Board of
Supervisors directed the Planning Commission to evaluate the CUP process andthose listed
conditional uses to ensure that the uses, and scale of the uses, are appropriate for thezoning
district in which they are allowed. He said this is a proposed amendment to Chapter 165 –Zoning
Ordinance to:
1. Further define the conditional use country general store to exclude all fuel sales and cap
the square footage allowed at 3,500 square feet (SF);
2. Provide additional regulations for specific uses (country general store);
3. Eliminate, combine, and refine certain conditional uses; and
4. Codify certain Zoning Determinations relating tohome occupations, cottage
occupations,and kennels to reduce the number of Conditional Use Permit (CUP)
applications.
The Board and staff discussed specific instances causing this review as including the
definition of a general store and also discussed the elimination of fruit packing plants from the
approved usesas they fall under agricultural uses.
On motion of Supervisor McCarthy, seconded by Supervisor Wells, the proposed
ordinance amendment was sent to the Planning Commission for public hearing on a voice vote.
BOARD LIAISON REPORTS
Supervisor Dunn noted that the Regional Commission and member localities are working
jointly to address recycling issues which are affecting all jurisdictions.
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CITIZEN COMMENTS–None
BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn noted the recent exhibit opening at the Third Battleof Winchester
battlefield and recognized contributions of citizens made for the greater good of the community.
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor McCarthy,the meeting was
adjourned at 8:00p.m.
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Frederick County Board of Supervisors
Regular Meeting Minutes * September 25, 2019
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20
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, September 30, 2019
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Gary Lofton, Chairman (Voting), Judith McCann-
Slaughter (Voting), Gary Oates (Voting), James Racey (Voting) and Barry Schnoor
(Voting).
Committee Members Absent Mark Davis (Liaison Middletown) and Lewis Boyer (Liaison
Stephens City).
Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith,
Secretary.
ITEMS FOR INFORMATION ONLY:
1-McCubbin Road (Route 653)-Paving Request: Staff was contacted by a resident of McCubbin
Road (Route 653) to request that McCubbin Road (Route 653) be co
next update of the Secondary Road Improvement Plan. McCubbin Ro
0.9 miles between Green Spring Road and the West Virginia State line. The roadway is paved
on the West Virginia side. Green Spring Road is also paved. The most recent VDOT count
indicated 300 daily trips. Currently, seven (7) addresses are listed on McCubbin Road. Staff
would speculate that the roadway would score somewhere in the middle of the unscheduled
list ranking with the volume of daily traffic.
Upon a motion by, Gary Oates and seconded by Judith McCann-Slaughter the Committee
recommended to include McCubbin Road to the next update of the Secondary Roa
Improvement Plan.
2-SmartScale Update: Staff provide a brief update on the progress toward the next SmartScal
application for the Fall of 2020. Staff has had follow up meetings with VDOT representatives on
the potential SmartScale projects. Currently, the County is in a holding pattern with several
MPO key studies underway that will help the Committee decide on forthcoming projects for the
SmartScale applications. Staff has continued to work with the GIS Technician on mapping of
areas of the County that would likely produce the highest scores under SmartSc
and economic development. These heat maps are intended to provide additional analytical
information to assist the Committee in choosing which projects to apply for SmartScale fund
when the time comes to make those choices.
3-Transportation Forum: Staff updated the Committee on the Transportation Forum that is
scheduled for Monday, October 28, 2019. The 2019 Fall Transportation meeting in
Harrisonburg, VA has now been scheduled for the same day. It was noted that Staff had already
set the October 28, 2019 date and had commitments from Senator Vogel, Delegates LaRock and
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Collins and CTB member Dixon Whitworth before their meeting was scheduled. The time for
the Fall Transportation meeting was adjusted to 3:00pm. Mr. Dixon Whitworth, Jr.,
Commonwealth Transportation Board (CTB) had committed to Staff on attending our Forum
meeting previously, so with the earlier time frame Staff and attendees will be able to make both
meetings.
4-County Project Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/I-81
Bridge: The construction is ongoing. A website has been established to share photos and
information with the public on this project and all current projects. It will be going live
the Frederick County website.
Renaissance Drive: The consultant is working toward the 60% design which is expected to be
ready by the end of October.
Northern Y: No updates at this time.
Jubal Early Drive Extension and Interchange with Route 37: The funds have been marked for
de-allocation in January.
5-Upcoming Agenda Items: SmartScale (ongoing discussion and development)
Transportation Forum, Capital Improvements Plan and Cedar Hill Road restriction.
TBD: Oakdale Crossing Traffic Calming Study. VDOT should have an update for the Committee
at the next meeting.
6-Other:
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COUNTY of FREDERICK
County Administrator
E-mail: ktierney@fcva.us
M E M O R A N D U M
TO: Board of Supervisors
FROM: Kris C. Tierney, County Administrator
SUBJECT: Request to Approve Two Rabies Clinics
DATE: October 4, 2019
The Lord Fairfax Health District has, over the past several years, held two rabies clinics at the
Frederick County Esther Boyd Animal Shelter in May and October.
Section 3.2-6521 the clinics must be approved by the locality and the health
seeking Board approval to conduct two rabies clinics during 2020 at the Frederick County Esther
Boyd Animal Shelter. The clinics are tentatively scheduled for
dates to be finalized at a later time.
If you have any questions, please do not hesitate to contact me.
KCT/awp
Attachments
107 North Kent Street Winchester, Virginia 22601
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COUNTY of FREDERICK
County Administrator
E-mail: ktierney@fcva.us
October 10, 2019
Colin Greene, MD, MPH
Health Director
Lord Fairfax Health District
107 North Kent Street, Suite 201
Winchester, Virginia 22601
Dear Dr. Greene:
The Board of Supervisors of Frederick County deems that there isneed to hold
two Rabies Clinics during 2020 at the Frederick County Esther Bo
The clinics are tentatively scheduled for May and October of 202
on the high incidence of Rabies in the county, the high rate of ated animals in
the county, and the barrier of transportation and cost to the ci
have their animals vaccinated. Thus,the board requests that the Health Department
approve such clinics for the sole purpose of Rabies vaccination.
Again, thank you for your cooperation in advance.
With kindest regards, I am
Sincerely,
Kris C. Tierney
County Administrator
KCT/kco
cc: file
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107 North Kent Street Winchester, Virginia 22601
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COUNTY of FREDERICK
Office of the County Administrator
M E M O R A N D U M
To: Frederick County Board of Supervisors
From:Ann W. Phillips, Deputy Clerk
Date:October 3, 2019
Re:Voting Credentials for the VACo 2019 Annual Business Meeting
__________________________________________________________________
The 2019 Annual Business Meeting of the Virginia Association of Counties will be
held on Tuesday, November 12, at 9:00 a.m. at the Omni Homestead in Bath County.
Supervisor Dunn and the County Administrator will attend.
Article VI, VACo Bylaws, state that each county shall designate a representative
of its Board of Supervisors to cast its vote(s) at the Annual Business Meeting.Supervisor
Dunn will attend the meeting this year and thereforeshould be designated to cast the
Board’s vote.If no Board member will be in attendance, a non-elected official, such
as the County Administrator, can be designated to vote.
With the Board’s approval, we will submit the attached Voting Credentials Form
designating Supervisor Dunn to cast Frederick County’s vote(s)at the VACo 2019 Annual
Meeting.
107 North Kent StreetWinchester, Virginia 22601
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Frederick County Board of Supervisors
FROM:
Candice E. Perkins, AICP, CZA, Assistant Director
RE: 2019 Comprehensive Plan Amendment (CPPA) Application Not
Recommended for Further Study
DATE:
October 1, 2019
The Planning Department received one Comprehensive Plan Amendment (CPPA) request by this
9 deadline. The Comprehensive Plans and Programs Committee (CPPC) met in
July and August 2019 to discuss the application. Please find below a summary of the application,
the recommendation from the CPPC, comments and a summary of the September joint work
session:
CPPA #02-19, for Woodside Business Park Sewer and Water Service Area (SWSA)
Inclusion Request and land use designation change; Parcels 34-A-129E, 34-A-129I
and 34-A-129G.
This is a request to expand the boundary of the Sewer and Water Service
Area (SWSA) to include 181.56 acres of land. The request also seeks to change the land
use designation from warehousing as shown in the Northeast Land Use Plan to industrial;
the properties are currently zoned RA (Rural Areas). The properties are located on the
northeastern side of Woodside Road, the site also has frontage on Grace Church Road, in
the Stonewall Magisterial District.
CPPC Recommendation:
The Committee expressed concerns with the requested SWSA expansion when utilities will not be
readily available in this area in the near future. The CPPC did not recommend sending the request
forward as an individual amendment. Ultimately, the CPPC recommended that the Board of
Supervisors initiate a larger study of the entire Northeast Land Use Plan (NELUP) that reexamines
land use, transportation and utility availability. The Committee wanted to see a comprehensive
review of the entire plan that engages all effected parties (i.e. County, Frederick Water, VDOT,
landowners).
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2019 Comprehensive Plan Amendment
October 1, 2019
Page 2
Comments from the September25, 2019 Joint Work Session:
A preliminary discussion for the CPPA application was held at the joint work session on September
25, 2019. Comments received stated that a study of neither the individual request nor the NELUP
as a whole was desired at this time. It was discussed that in the future, a new NELUP study may
be considered.
Staff is seeking formal confirmation from the Board of Supervisors that this request is not
being approved for further study.
CEP/pd
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COUNTY FREDERICK
540/665-5678
www.fcprd.net
M E M O R A N D U M
TO:Frederick County Board of Supervisors
FROM:Jason Robertson,Director
SUBJ:Naming Ballfield Complexon Stephenson Road
DATE: October 3, 2019
_______________________________________________________________________________
The Parks and RecreationCommission in conjunction with the Parks & Recreation Department
invited feedback from the community to assist with the naming of the new ballfieldsbeing
constructed onStephenson Road by Frederick Water.Over fiftynameswere submitted and
consideredby theParks and Recreation Commission Buildings and Grounds Sub-
Committee.After review, the committee is recommendingthree namesto the Parks and
Recreation Commissionfor considerationat its meeting on October 8, 2019.
Thefollowing three names are being proposed asthepossiblename of the new park:
Stephenson Road Park
Stonewall–Stephenson Park
Hot Run Park
The final recommendation will be provided to the Board of Supervisors at its October 9, 2019,
meeting.Staff will be seeking Board approval of the final selection.
In the event the Parks& Recreation Commission rejects the committee’s recommendations,
theadditionalnames that were considered will be provided prior to your meeting.
Youmay contact me at 722-8294 with any questionsregarding the above.
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Frederick County Board of Supervisors
FROM:
M. Tyler Klein, AICP, Senior Planner
SUBJECT:
Ordinance Amendment Landscaping, buffers & screening, off-street parking, &
requirements for certain uses.
DATE:
October 3, 2019
This is a proposed amendment to Chapter 165 Zoning Ordinance to
within certain sections and to clarify or reduce requirements for certain uses. Specifically,
amendments are proposed to the following sections:
§165-204.18 Storage facilities, self-storage.
The proposed changes correct landscaping and planting inconsistencies regarding plant
size in this section with other sections of the Zoning Ordinance and modifies requirements
for screening of self-storage facilities.
§165-204.24 Tractor truck and tractor trailer truck parking.
The proposed changes prevent the siting of the above use adjacent to residential uses, while
enabling the location of these types of facilities where they are most appropriate (i.e.
adjacent to major roadways and/or in the vicinity of other business and industrial uses),
provides a consistent hard surface standard for the use (gravel parking) that is consistent
with the temporary nature of the use and, changes to this section also corrects
inconsistences with this section planting requirements with other sections of the Zoning
Ordinance.
§165-204.30 Special event facilities.
The proposed changes provide clarity with certain practices in the County, specifically that
the Building Official (Department of Building Inspections) is responsible for determining
if a building or structure (existing or to-be-constructed) is agriculturally exempt from the
Virginia Building Code requirements or requires a building permit review.
§165-202.01 Off-street parking; parking lots.
The proposed changes correct inconsistencies with the required width of driveways serving
parking lots in this section with other sections of the Zoning and Subdivision Ordinance
and County Code (Fire Code).
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§165-203.01 Landscaping requirements.
The proposed changes correct inconsistencies with plant size in this section with other
sections of the Zoning Ordinance, clarifies requirements to prohibit plantings from being
located within utility easements and eliminates certain plant species.
§165-203.02 Buffer and Screening requirements.
This proposed change modifies what activities are allowed in inactive and active distance
buffers, modifies landscape screen planting requirements, amends the requirements for
buffers where the land to-be-developed is adjacent to a state road right-of-way with a
designated functional classification of interstate, arterial or collector roadway, and amends
what zoning districts are allowed to request a reduced buffer distance if certain
requirements are met.
This item was proposed by a Development Review and Regulations Committee (DRRC)
member/Planning Commissioner and a Board of Supervisors member. The item was discussed by
thndth
the DRRC at their July 25, August 22 and September 26 regular meetings and the DRRC
generally agreed with the proposed changes and the item was forwarded to the Planning
nd
Commission for discussion. The Planning Commission discussed this item on October 2. The
Planning Commission commented that
paragraph for §165-204.24 Tractor truck and tractor trailer truck parking was unclear or inexact
and recommended the sentence be removed. The Planning Commission forwarded the item to the
Board of Supervisors for discussion.
The attached document shows the existing ordinance with the proposed changes supported by the
Staff is seeking direction from the Board of Supervisors
DRRC (with bold italic for text added).
on whether to forward this Zoning Ordinance text amendment for public hearings.
Attachment: 1. Revised ordinance with additions shown in bold underlined italics.
2. Resolution
MTK/pd
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Revised 10/3/19
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.18. Storage facilities, self-service.
F. Self-storage facilities shall meet the following landscaping or screening requirements:
1) Facilities located in the B-2 Business General District shall be have all overhead doors and loading
areas completely screened around the perimeter of the property by a double row of evergreen
trees that are staggered and planted a maximum of eight twelvefeet off center and are a minimum
of six four feet in height when planted.
2) Facilities located in the B-3 Industrial Transition District or the M-1 Light Industrial District shall
be required to landscape the yard area within the front yard setback adjacent to public streets and
residences to provide for a double row of evergreen trees that are staggered and planted a maximum
of eight twelve feet off center. The side and rear yards shall be planted with a single row of
evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a
minimum of six four feet in height at the time of planting.
3) Facilities located on parcels that are within a master planned industrial park or office park shall be
required to landscape the perimeter of the facility with a single row of evergreen or deciduous trees
that are planted a maximum of 40 feet off center. All trees shall be a minimum of six four feet in
height at the time of planting.
4) The required planting of all trees described under this Subsection F shall occur in an area that
is between the adjoining property boundary line and the placement of security fencing. The
installation of an opaque wall or fence that is a minimum of six feet in height may substitute for
A
required landscaped areas in all zoning districts. solid building wall, free of windows or doors,
is not required to be screened.
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Revised 10/3/19
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.24. Tractor truck and tractor truck trailer parking.
Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1 (Light
Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use
permit. The facilities shall not be located adjacent to residential uses. These lots shall meet the following
conditions:
A. All areas utilized for the parking of tractor trucks shall meet the requirements of § 165-202.01D.
and
Areas utilized for the storage of trailers may utilize a gravel surface.
B. All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel or the
like is not distributed onto roadways.
C. No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers or cargo/storage
containers shall be parked or stored on the site.
D. Fuel sales shall not be permitted.
E. Maintenance of trucks and trailers shall not be permitted.
F. Facilities shall be required to landscape the yard area within the front setback to provide for a
double row of evergreen trees that are staggered and planted a maximum of twelve feet on
center. (minimum of two different species). The on-center distance between each tree in the
staggered double row shall not exceed the widest width of the selected evergreen trees. At no
point shall the offset between each evergreen tree planted in the staggered double row be less
than 90°. The side and rear yards shall be planted with a single row of evergreen trees that are
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planted a maximum of 40 feet on center. All trees shall be a minimum of six feet in height at
the time of planting. The Board of Supervisors may allow for alternative landscaping based on
topography and/or adjacent land uses.
G. A site plan in accordance with the requirements of Article VIII shall be submitted to and
approved by Frederick County.
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ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.30 Special event facilities.
Special events facilities, where allowed in the RA (Rural Areas) District, shall be subject to the following
requirements:
A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted
with the conditional use permit application. This plan shall identify access for the facility, the
location of all parking areas, the location and square footage for all structure(s) to be used, and
the location of sewage disposal facilities.
B. All structures associated with a special events facility shall require a building permit. review and
approval by the Building Official.
C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require
through the conditional use permit process that all travel aisles and/or parking spaces be paved
with a minimum double prime and seal or alternative dust-free surface.
D. Portable toilets shall be permitted for special event facilities, provided that they are screened from
all adjoining properties and roads by topography, structures or new or existing landscaping.
E. Special events facilities that share a private access easement with another property owner/s must
show the easement allows a use of this type or written permission must be obtained by the sharing
parties.
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ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 202
Off-Street Parking, Loading and Access
§ 165-202.01 Off-street parking; parking lots
D. Parking lots.
8) Entrance requirements. In no case shall a parking lot be approved which requires that vehicles
back from parking spaces onto public roads. All parking lots shall be provided access to a public
road using an entrance which meets all requirements of the Frederick County Code and the
Virginia Department of Transportation. The width of driveways serving the parking lot shall not
be less than 24 20feet for two-way traffic, 20 feet for fire lanes, and 12 feet for one-way traffic.
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ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 203
Buffers and Landscaping
§ 165-203.01. Landscaping requirements.
B. Plant selection, planting procedure and maintenance.
1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected from
the table of acceptable trees and shrubs shown below.
Types of Landscaping
Acceptable Trees and Shrubs
Common Name Scientific Name Types of Landscaping
Permitted
Leyland Cypress Cupressocyparis x leylandii Screen, ornamental
used to fulfill planting or substitute planting requirements.
2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures
established by the American Nursery and Landscape Association.
a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or
other pavement.
b) Deciduous trees shall be a minimum of two 1.25-inch caliper at the time of planting.
c) Only single-stem trees shall be planted as street trees.
d) Evergreen trees shall be a minimum of four feet in height at the time of planting.
Shrubs shall be a minimum three-gallon container at the time of planting. In addition
to the three-gallon container requirement, parking lot headlightscreening shrubs
shall be a minimum of 36 inches in height at time of planting (unless topography
rom pavement to top of shrub), and buffer
shrubs shall be a minimum of 18 inches in height at time of planting. Spacing of
parking lot screening shrubs shall be no greater than four feet on center.
e) Only trees having a mature height of less than 20 feet shall be located under overhead
utility lines.Trees shall not be planted within easements for water, sewer, electric,
or gas.
f) Measurement of size. Caliper is measured six inches above the ground up to and
including four-inch caliper size and 12 inches above the ground for larger sizes.
Diameter at breast height (dbh) will be measured at the height of 54 inches from the
base of the trunk or as otherwise allowed in the Guide for Plant Appraisal.
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ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 203
Buffers and Landscaping
§ 165-203.02. Buffer and screening requirements.
.
ADistance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity
of a different nature. They are linear distances measured from property lines inward. Part of the buffer
must be inactive and part may be active. The inactive portion begins at the adjoining property line, as
shown in the example diagrams.
1) Inactive distance buffer. This portion of a buffer area permits no activity except the necessary
utility functions provided by transmission lines, underground conduits, stormwater management,
sidewalks, trails, etc.
2) Active distance buffer. This portion of a buffer area may not be encroached by a building or other
principal structure or activity. However, accessory activities, such as parking, are permitted in
this area. Active buffers shall not contain road rights-of-way.
3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of
existing uses, the Board of Supervisors may require increased or additional distance buffers to
separate different uses to achieve the intentions of this section.
B.Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual
interaction between adjacent activities. There are two levels of screening: landscape screening and full
screening. The higher the level of screening provided, the lower the level of distance buffer required. The
example diagrams show how this works.
1) Landscape screening. A landscape screen consists of a totally landscaped area easement at least
10 feet in depth; plantings are encouraged to be spaced appropriately within the inactive buffer.
Within the area easement, there shall be a minimum landscaping density of three plants per 10
linear feet. The buffer shall consist of a combination of 1/3 deciduous trees, 1/3 evergreen trees
1.25
and 1/3 shrubs. Deciduous trees shall be planted at a minimum of two-inch caliper, evergreen
trees shall be a minimum of four feet in height, and shrubs shall be 18 inches in height at time of
planting.
2) Full screen. A full screen provides all the elements of a landscape screen and also includes a six-
foot-high, opaque hedge, fence, wall, mound, or berm., or an additional two rows of evergreen
trees that are six feet tall at time of planting. A fifty-foot strip of mature woodlands may be
allowed as a full screen.
3) Wherever proposed developments are adjacent to existing uses, the Board of Supervisors may
require additional landscaping, landscaped areas, or landscaped easements to separate different
uses and to achieve the intentions of this section.
D.Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain
different zoning districts.
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1) Buffers shall be provided on the land to be developed according to the categories in the following
tables:
a) Buffer categories:
2) If a lot being developed is adjacent to developed land which would normally be required to be
provided with a buffer but which does not contain the buffer, the required buffer shall be
provided on the lot being developed. The buffer to be provided shall be of the larger category
required on either the lot being developed or the adjacent land. Such buffer shall be in place of
the buffer normally required on the lot being developed. The buffer may include required
setbacks or buffers provided on the adjacent land. Whenever land is to be developed in the B1,
B2, B3, OM, M1 or M2 Zoning District that is adjacent to a state road with a right-of-way with
a designated functional classification of interstate, arterial or collector as approved by the
Virginia Department of Transportation, zoning district buffers shall not be required along the
road.
3) The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements
between land primarily used for residential purposes and the B-1 (Neighborhood, Business) or B-
2 (Business, General) Zoning District with the consent of the adjacent (affected) property owners.
Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165-
203.02D(1)(a) may be reduced, provided that the full screening requirements of this section are
met.
4) The Zoning Administrator may waive any or all of the requirements for the zoning district buffers
on a particular site plan when all uses shown on the site plan are allowed in the zoning district in
which the development is occurring and in the adjoining zoning districts.
5) The Zoning Administrator may waive, reduce and/or modify buffer yard requirements (distance
and landscaping) if, in his opinion, the topography of the lot providing the buffer yard and the lot
being protected is such that the required yard would not be effective. The buffer may also be
modified to maintain highway sight distances.
B3, OM, M1 or M2 Zoning District
6) Land proposed to be developed in the OM Office-
Manufacturing Park District, the M1 Light Industrial District and the M2 Industrial General
District may be permitted to have a reduced buffer distance that is consistent with the required
side or rear building setback line, provided that the following requirements are met:
a) The property to be developed with a reduced buffer distance is part of an approved
master planned industrial park.
b) There are no primary or accessory uses within the reduced buffer distance area, including
driveways, access drives, outdoor storage areas, parking areas, staging areas, loading
areas and outdoor dumpster areas. All-weather surface fire lanes necessary to meet the
requirements of Chapter 90, Fire Prevention, of the Code of Frederick County, Virginia,
shall be exempt from this performance standard.
c) A full screen is required to be created within the reduced buffer distance area which shall
be comprised of a continuous earth berm that is six feet higher in elevation than the
highest elevation within the reduced buffer distance area and a double row of evergreen
trees that are a minimum of six feet in height and planted a maximum of eight feet from
center to center.
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RESOLUTION
_____________________________
Action:
BOARD OF SUPERVISORS: October 9, 2019
RESOLUTION
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 165, ZONING
ARTICLE II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND
REGULATIONS FOR SPECIFIC USES
PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES
§165-204.18 STORAGE FACILITIES, SELF-SERVICE
§165-204.24 TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING.
§165-204.30 SPECIAL EVENT FACILITIES
PART 202 OFF-STREET PARKING, LOADING AND ACCESS
§165-202.01 OFF-STREET PARKING; PARKING LOTS
PART 203 BUFFERS AND LANDSCAPING
§165-203.01 LANDSCAPING REQUIREMENTS
§165-203.02 BUFFER AND SCREENING REQUIREMENTS
WHEREAS,
an ordinance to amend Chapter 165, Zoning to:
Revise §165-204.18 Storage facilities, self-storage, to modify requirements for screening
of the use and correct inconsistencies with the required height of plantings with other
sections of the Zoning Ordinance;
Revise §165-204.24 Tractor truck and tractor trailer truck parking to specify prohibition
of the use adjacent to residential uses, modify requirements for surface materials, and
correct inconsistencies with the required height of plantings with other sections of the
Zoning Ordinance;
Revise §165-204.30 Special event facilities to further specify Building Official
(Department of Building Inspections) responsibility to review and approve of all event
facility structures to determine if they are exempt from the Virginia Building Code
requirements or requires a separate building permit review;
Revise §165-202.01 Off-street parking; parking lots to correct inconsistencies with the
required width of driveways serving parking lots in this section with other sections of the
Zoning and Subdivision Ordinance and County Code (Fire Code);
PDRES #21-19
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Revise §165-203.01 Landscaping requirements to correct inconsistencies with the
required height of plantings with other sections of the Zoning Ordinance, to remove
certain plant species from the Acceptable Trees and Shrubs planting list, and to prohibit
plantings from within easements for water, sewer, electric or gas; and
Revise §165-203.02 Buffer and Screening requirements to modify what activities are
allowed in inactive and active distance buffers, modify landscape screen planting
requirements, to amend the requirements for buffers where the land to-be-developed is
adjacent to a state road right-of-way with a designated functional classification of
interstate, arterial or collector roadway, and to amend what zoning districts are allowed to
request a reduced buffer distance may if certain requirements are met.
WHEREAS,
The Development Review and Regulations Committee (DRRC) reviewed the
changes at their July 25 th, and August 22 nd, and September 26, 2019 regular meetings and
generally agreed with the proposed changes; and
WHEREAS,
the Planning Commission discussed the proposed changes at their regularly
scheduled meeting on October 2, 2019 and agreed with the proposed changes; and
WHEREAS,
the Board of Supervisors discussed the proposed changes at their regularly
scheduled meeting on October 9, 2019 and agreed with the proposed changes; and
WHEREAS,
the Frederick County Board of Supervisors finds that in the public necessity,
convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and
NOW, THEREFORE, BE IT REQUESTED
by the Frederick County Board of Supervisors
that the Frederick County Planning Commission shall hold a public hearing regarding
amendments to applicable sections pertaining to landscaping, buffers & screening, off-street
parking, and requirements for certain uses.
Passed this 9th day of October 2019 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Gary A. Lofton
J. Douglas McCarthy Blaine P. Dunn
Shannon G. Trout Robert W. Wells
Judith McCann-Slaughter
A COPY ATTEST
_____________________
Kris C. Tierney
PDRES #21-19 Frederick County Administrator
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Frederick County Board of Supervisors
FROM:
M. Tyler Klein, AICP, Senior Planner
SUBJECT:
Ordinance Amendment Telecommunications Facilities, Commercial
DATE:
October 3, 2019
Following changes in state law in 2017 and 2018 regarding zoning rules for wireless infrastructure
and following Board member requests for ordinance amendments to enable better provision of
internet services in underserved areas of the County. Staff has prepared a revision to the Zoning
Ordinance provisions regarding telecommunications facilities.
Staff notes the proposed revision includes changes to two (2) definitions and changes Additional
Regulations for Specific Uses outlined in §165-204.19. With respect to §165-204.19, the changes
are wholesale, though some of the existing section language is carried over to the revision. Because
much of the revised language does result from state law provisions, state law references are
included, for informational purposes, in brackets, throughout the revision.
The proposed changes enable smaller commercial telecommunications facilities in certain zoning
districts by-right in order to enable better internet service to underserved areas of the County (such
as Shawneeland). Further, the proposed changes codify changes to the Code of Virginia, which
created a two-track process for approval of telecommunication facilities. The legislation (attached)
treats certain, defined small s-
locality must permit in any zoning district, without the requirement of a Conditional Use Permit.
-feet (FT) in height, or co-location of
a wireless facility on an existing structure to be sited administratively. The legislation also revamps
the rules for larger projects (such as telecommunication monopoles)
Conditional Use Permit (CUP) process. The proposed text amendment addresses the above
-right in the OM (Office-Manufacturing Park) and HE (Higher Education) Zoning
Districts, consistent with the allowed uses for the B3 (Industrial Transition) and MS (Medical
Support) Zoning Districts.
This item was proposed by the County Attorney and discussed by the DRRC at their September
th
26 regular meeting. The DRRC agreed with the proposed changes and the item was forwarded to
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the Planning Commission for discussion. The Planning Commission discussed this item on
nd
October 2, and the item was forwarded to the Board of Supervisors for discussion.
The attached document shows the existing ordinance with the proposed changes supported by the
Staff is seeking direction from the Board of Supervisors
DRRC (with bold italic for text added).
on whether to forward this Zoning Ordinance text amendment for public hearings.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Code of Virginia, Article 7.2
3. Resolution
MTK/pd
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ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§ 165-101.02 Definitions and word usage.
COMMERCIAL TELECOMMUNICATION FACILITY, COMMERCIAL
A structure Infrastructure, including the towers, antennas, panels, microwave dishes, receiving dishes,
equipment building, other transmitting and receiving components and other accessory structures, used for
the wireless electromagnetic transmission of information, excluding structures utilized as satellite earth
stations and structures utilized for amateur or recreational purposes such as ham radio or citizen band
radio.
TELECOMMUNICATIONS TOWERS
A structure, including the tower, antennas, panels, microwave dishes, receiving dishes, equipment
building, other transmitting and receiving components and other accessory structures, used for the
wireless electromagnetic transmission of information, excluding structures utilized as satellite earth
stations and structures utilized for amateur or recreational purposes such as ham radio or citizen band
radio. [Term effectively superseded by definitions in Va. Code § 15.2-2316.3]
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ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.19. Telecommunication facilities, commercial.
A. Definitions. The terms used in this section shall have the same meanings as set out in Virginia
Code Section 15.2-2316.3, unless the context requires a different meaning.
B. Administrative review-eligible projects.
1. Notwithstanding any other provision of this Chapter, but subject to the requirements of this
subsection, the following shall be permitted in all zoning districts:
a. any small cell facility [Va. Code § 15.2-2316.4];
b. any structure that is not more than 50 feet above ground level, provided that the structure
with attached wireless facilities is (i) not more than 10 feet above the tallest existing utility
pole located within 500 feet of the structure within the same public right-of-way or within
the existing line of utility poles; (ii) not located within the boundaries of a local, state, or
federal historic district; and (iii) designed to support small cell facilities [Va. Code §§ 15.2-
2316.3 & 15.2-2316.4:1(A)]; or
c. co-location of a wireless facility on the existing structure of a wireless facility that is not a
small cell facility [Va. Code §§ 15.2-2316.3 & 15.2-2316.4:1(A)].
2. Any person seeking to install a facility or structure identified in paragraph 1 of this subsection
shall make application to the Zoning Administrator, accompanied by payment of a fee of $100
each for up to five facilities or structures on the same application and $50 each for each
additional facility or structure on the same application. [Va. Code § 15.2-2316.4(B)(2)] The
application shall be subject to consideration as follows:
a. The Zoning Administrator shall approve or disapprove the application within 60 days of
receipt of the complete application. Within 10 days after receipt of an application and a
valid electronic mail address for the applicant, the Zoning Administrator shall notify the
applicant by electronic mail whether the application is incomplete and specify any missing
information; otherwise, the application shall be deemed complete. Any disapproval of the
application shall be in writing and accompanied by an explanation for the disapproval.
The 60-day period may be extended by the Zoning Administrator in writing for a period not
to exceed an additional 30 days. The application shall be deemed approved if the Zoning
Administrator fails to act within the initial 60 days or an extended 30-day period. [Va.
Code § 15.2-2316.4(B)(1)]
b. The Zoning Administrator shall only deny approval for the facility or structure on account
of: (i) material potential interference with other pre-existing communications facilities or
with future communications facilities that have already been designed and planned for a
specific location or that have been reserved for future public safety communications
facilities, or (ii) the public safety or other critical public service needs. Otherwise, the
Zoning Administrator shall approve the facility or structure and the facility or structure
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does not require approval from the Planning Commission or the Board of Supervisors.
[Va. Code § 15.2-2316.4(B)(4)]
c. The applicant may voluntarily submit, and the Zoning Administrator may accept,
conditions that address potential visual or aesthetic effects resulting from the placement,
pursuant to this subsection, of a facility or structure. [Va. Code § 15.2-2316.4(B)(5)]
C. Standard process projects.
1. Except as provided in subsection B, no wireless facility or wireless support structure shall be
sited, constructed, or operated except pursuant to a conditional use permit issued through the
process defined in Part 103 of Article I of this Chapter. The issuance of a conditional use
permit for the siting, construction, and operation of a wireless facility is permitted within the
zoning districts specified in this Chapter, provided that, pursuant to Virginia Code § 15.2-
2232(A), the general location or approximate location, character, and extent of such facilities
are substantially in accord with the adopted Comprehensive Plan or part thereof and that
adjoining properties, surrounding residential properties, land use patterns, scenic areas, and
properties of significant historic value are not negatively impacted. [based on current intro to
County Code § 165-204.19]
2. Any person seeking to install a facility or structure pursuant to this subsection shall make
application to the Zoning Administrator, accompanied by payment of a fee of $7,000. [Va.
Code § 15.2-osts to process the
consideration as follows and include the indicated information:
a. The Board of Supervisors shall approve or disapprove the application within 150 days of
receipt of the complete application by the Zoning Administrator or such shorter period as
required by federal law, unless the applicant and the Board agree to a longer period for
approval or disapproval of the application. Within 10 days after receipt of an application
and a valid electronic mail address for the applicant, the Zoning Administrator shall notify
the applicant by electronic mail whether the application is incomplete and specify any
missing information; otherwise, the application shall be deemed complete. [Va. Code §
15.2-2316.4:1(C)]
b. Information to be included with application:
i. A map depicting the search area used in siting the proposed facility or structure [Va.
Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(2)];
ii. Identification of all service providers and commercial telecommunications facility
infrastructure within the search area [Va. Code § 15.2-2316.4:2(D); based on current
165-204.19(A)(3)];
iii. Confirmation that attempts to co-locate on existing structures have been made and, if
such attempts were unsuccessful, the reasons so [Va. Code § 15.2-2316.4:2(D); based
on current 165-204.19(A)(3)];
iv. Documentation issued by the Federal Communications Commission indicating that
the proposed facility is in compliance with the Federal Communications
radio frequency radiation [based on current 165-204.19(A)(4)];
v. An affidavit signed by the landowner and by the owner of the facility or structure
stating that they are aware that either or both of them may be held responsible for the
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removal of the facility or structure as stated in subsection E [based on current 165-
204.19(A)(5)]; and
vi. The applicant may voluntarily submit, and the Board may accept, conditions that
address potential visual or aesthetic effects resulting from the placement of the
facility or structure. [Va. Code § 15.2-2316.4:2(C)]
3. If the Board of Supervisors grants a conditional use permit under this subsection, the following
standards shall then apply to any property on which a wireless facility or wireless support
structure is sited, in order to promote orderly development and mitigate the negative impacts to
adjoining properties, residential properties, land use patterns, scenic areas, and properties of
significant historic value:
a. The Board may reduce the required setback distance for the wireless facility or wireless
support structure as required by § 165-201.03(B)(8) of this Code if it can be demonstrated
that the location is of equal or lesser impact. When a reduced setback is requested for a
distance less than the height of the tower, a certified Virginia engineer shall provide
verification to the Board that the wireless facility or wireless support structure is designed,
and will be constructed, in a manner that if the wireless facility or wireless support
structure collapsed the wireless facility or wireless support structure will be contained in an
area around the wireless facility or wireless support structure with a radius equal to or
lesser than the setback, measured from the center line of the base of the wireless facility or
wireless support structure. In no case shall the setback distance be reduced to less than 1/2
the distance of the height of the wireless facility or wireless support structure.
b. Monopole-type construction shall be required for any new wireless facility or wireless
support structure. The Board may allow lattice-type construction when existing or planned
residential areas will not be impacted and when the site is not adjacent to identified historic
resources.
c. No more than two signs shall be permitted on any wireless facility or wireless support
structure. Such signs shall be limited to 1.5 square feet in area and shall be posted no
higher than 10 feet above grade.
d. When lighting is required for a wireless facility or wireless support structure, dual lighting
shall be utilized which provides daytime white strobe lighting and nighttime red pulsating
lighting unless otherwise mandated by the Federal Aviation Administration or the Federal
Communications Commission. Strobe lighting shall be shielded from ground view to
mitigate illumination to neighboring properties. Equipment buildings and other accessory
structures operated in conjunction with the wireless facility or wireless support structure
shall utilize infrared lighting and motion-detector lighting to prevent continuous
illumination.
e. Every wireless facility and wireless support structure shall be constructed with materials of
a galvanized finish or be of a non-contrasting blue or gray unless otherwise mandated by
the Federal Aviation Administration or the Federal Communications Commission.
f. Every wireless facility and wireless support structure shall be adequately enclosed to
prevent access by persons other than employees of the service provider. Appropriate
landscaping and opaque screening shall be provided to ensure that equipment buildings
and other accessory structures are not visible from adjoining properties, roads, or other
rights-of-way.
[the entirety of the above subsection C(3) is based on current 165-204.19(B)]
4. If the Board of Supervisors denies a conditional use permit under this subsection, the Board
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shall:
a. Provide applicant with a written statement of the reasons for the denial [Va. Code § 15.2-
2316.4:1(E)(1)];
b. Identify any modifications of which the County is aware that would permit it to approve the
conditional use permit [Va. Code § 15.2-2316.4:1(E)(2)]; and
c. Have supporting substantial record evidence in a written record publicly released within 30
days of denial [Va. Code § 15.2-2316.4:1(F)(2)].
D. Maintenance of existing facilities and/or structures and replacement of existing facilities and/or
structures within a 6-foot perimeter with substantially similar or same size or smaller facilities
and/or structures is exempt from fees and permitting requirements under this section. [Va. Code §
15.2-2316.4:3(A)]
E. Any facility or structure permitted by this section that is not operated or used for a continuous
period of 12 months shall be considered abandoned, and the owner of such facility or structure
shall remove same within 90 days of receipt of notice from the Frederick County Department of
Planning and Development. If the facility or structure is not removed within the ninety-day period,
the County may remove the facility and a lien may be placed to recover expenses. [Va. Code §
15.2-2316.4(B)(6); based on current County Code § 165-204.19(B)(7)]
The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs
through the conditional use permit public hearing process defined in Article I, Part 103 of this chapter.
Commercial telecommunication facilities that locate on existing structures and towers shall be exempt
from the conditional use permit requirement. The siting of commercial telecommunication facilities is
permitted within the zoning districts specified in this chapter, provided that residential properties, land
use patterns, scenic areas and properties of significant historic value are not negatively impacted.
A. Information required as part of the conditional use permit application shall include, but not be limited
to, the following:
(1) A map depicting the search area used in siting each proposed commercial communications
facility.
(2) Identification of all service providers and commercial telecommunication facility infrastructure
within a proposed search area. The applicant shall provide confirmation that an attempt to
collocate on an existing telecommunication facility has been made.
(3) Information demonstrating that the commercial telecommunication facility is in compliance
with the Federal Communication Commissions established ANSI/IEEE standards for
electromagnetic field levels and radio frequency radiation.
(4) An affidavit signed by the landowner stating that he/she is aware that he/she may be held
responsible for the removal of the commercial telecommunications facility as stated in § 165-
204.19B(7).
B. The following standards shall apply to any property in which a commercial telecommunication
facility is sited, in order to promote orderly development and mitigate the negative impacts to
adjoining properties:
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(1) The Board of Supervisors may reduce the required setback distance for commercial
telecommunication facilities as required by § 165-201.03B(8) of this chapter if it can be
demonstrated that the location is of equal or lesser impact. When a reduced setback is requested
for a distance less than the height of the tower, a certified Virginia engineer shall provide
verification to the Board of Supervisors that the tower is designed, and will be constructed, in a
manner that if the tower collapses for any reason the collapsed tower will be contained in an
area around the tower with a radius equal to or lesser than the setback, measured from the
center line of the base of the tower. In no case shall the setback distance be reduced to less than
1/2 the distance of the tower height. Commercial telecommunication facilities affixed to existing
structures shall be exempt from setback requirements, provided that they are located no closer
to the adjoining property line than the existing structure.
(2) Monopole-type construction shall be required for new commercial telecommunication towers.
The Board of Supervisors may allow lattice-type construction for new telecommunication
towers when existing or planned residential areas will not be impacted and when the site is not
adjacent to identified historical resources.
(3) Advertising shall be prohibited on commercial telecommunication facilities except for signage
providing ownership identification and emergency information. No more than two signs shall
be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher
than 10 feet above grade.
(4) When lighting is required on commercial telecommunication facility towers, dual lighting shall
be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting
unless otherwise mandated by the Federal Aviation Administration or the Federal
Communications Commission. Strobe lighting, shall be shielded from ground view to mitigate
illumination to neighboring properties. Equipment buildings and other accessory structures
operated in conjunction with commercial telecommunication facility towers shall utilize
infrared lighting and motion-detector lighting to prevent continuous illumination.
(5) Commercial telecommunication facilities shall be constructed with materials of a galvanized
finish or painted a noncontrasting blue or gray unless otherwise mandated by the Federal
Aviation Administration or the Federal Communication Commission.
(6) Commercial telecommunication facilities shall be adequately enclosed to prevent access by
persons other than employees of the service provider. Appropriate landscaping and opaque
screening shall be provided to ensure that equipment buildings and other accessory structures
are not visible from adjoining properties, roads or other rights-of-way.
(7) Any antenna or tower that is not operated for a continuous period of 12 months shall be
considered abandoned, and the owner of such tower shall remove same within 90 days of receipt
of notice from the Frederick County Department of Planning and Development. Removal
includes the removal of the tower, all tower and fence footers, underground cables and support
buildings. If there are two or more users of a single tower, then this provision shall not become
effective until all users cease using the tower. If the tower is not removed within the ninety-day
period, the County will remove the facility and a lien may be placed to recover expenses.
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ARTICLE VI
Business and Industrial Zoning Districts
Part 605
OM Office-Manufacturing Park District
§ 165-605.02. Permitted uses.
Permitted Uses Standard Industrial
Classification
(SIC)
Communication facilities and offices, including telephone, telegraph, radio, 48
television and other communications.
Part 609
HE Higher Education District
§ 165-609.02. Permitted uses.
Structures to be erected or land to be used shall be for one or more of the following uses:
H. Communication facilities and offices, including telephone, telegraph, radio, television and other
communications.
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RESOLUTION
____________________________
Action:
BOARD OF SUPERVISORS: October 9, 2019
RESOLUTION
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 165, ZONING
ARTICLE I
GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS
PART 101 GENERAL PROVISIONS
§165-101.02. DEFINITIONS AND WORD USAGE
ARTICLE II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND
REGULATIONS FOR SPECIFIC USES
PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES
§165-204.19. TELECOMMUNICATION FACILITIES, COMMERCIAL
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
PART 605 OM OFFICE-MANUFACTURING PARK DISTRICT
§165-605.02. PERMITTED USES
PART 609 HE HIGHER EDUCATION DISTRICT
§165-609.02. PERMITTED USES
WHEREAS,
an ordinance to amend Chapter 165, Zoning to enable smaller commercial
telecommunication facilities in certain zoning districts by-right in order to enable better internet
service to underserved areas of the County; and
WHEREAS,
the proposed changes codify changes to the Code of Virginia, which created a two-
track process for approval of telecommunication facilities:
Defined small scale facilities as administrative review-eligible projects that a locality
must permit in any zoning district, without the requirement of a Conditional Use Permit,
enabling small cell facilities, structures under 50-feet (FT) in height, or co-location of a
wireless facility on an existing structure to be sited administratively.
PDRES #22-19
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For larger projects (such as telecommunication monopoles), what it calls standard
process projects. The types of facilities would continue to be permitted through the
Countys Conditional Use Permit (CUP) process.
Enable telecommunication towers as allowed uses i.e. by-right in the OM (Office-
Manufacturing Park) and HE (Higher Education) Zoning Districts, consistent with the
allowed uses for the B3 (Industrial Transition) and MS (Medical Support) Zoning
Districts.
WHEREAS,
The Development Review and Regulations Committee (DRRC) reviewed
the proposed changes at their September 26, 2019 regular meeting; and
WHEREAS,
the Planning Commission discussed the proposed changes at their regularly
scheduled meeting on October 2, 2019 and agreed with the proposed changes; and
WHEREAS,
the Board of Supervisors discussed the proposed change at their regularly
scheduled meeting on October 9, 2019 and agreed with the proposed change; and
WHEREAS,
the Frederick County Board of Supervisors finds that in the public necessity,
convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and
NOW, THEREFORE, BE IT REQUESTED
by the Frederick County Board of Supervisors
that the Frederick County Planning Commission shall hold a public hearing to enable smaller
commercial telecommunication facilities in certain zoning districts by-right in order to enable
better internet service to underserved areas of the County
Passed this 9th day of October 2019 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Gary A. Lofton
J. Douglas McCarthy Blaine P. Dunn
Shannon G. Trout Robert W. Wells
Judith McCann-Slaughter
A COPY ATTEST
_____________________
Kris C. Tierney
Frederick County Administrator
PDRES #22-19
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