HomeMy WebLinkAboutApril 8 2020 Board_Agenda_PacketAGENDA
BOARD OF SUPERVISORS
WEDNESDAY, APRIL 8, 2020
6:00 PM Closed Session and 7:00 PM Regular Meeting
BOARD MEETING ROOM
107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601
6:00 PM -Closed Session (If Necessary)
The Board will enter a closed session pursuant to Virginia Code Sec. 2.2-3711(A)(3) for
discussion of the disposition of publicly held real property, 441 Linden Drive, in the City of
Winchester, where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body.
__________________________________________________________________________
7:00 PM -Regular Meeting Call to Order
1.
Invocation
2.
Pledge of Allegiance
3.
Adoption of Agenda
4.
Citizen Comments –For agenda items that are not the subject of a Public Hearing
5.
Consent Agenda
6.
6.A. Minutes of Regular Meeting of March 25, 2020
MinutesBOS200325.pdf
6.B. Minutes of Work Session of April 1, 2020
MinutesBOSWorkSession200401.pdf
6.C.Letter to the Governor of Virginia: Budgetary Impact of COVID-19 Pandemic
2
COVID19BudgetImpactLetter.pdf
Board of Supervisors
Regular Meeting AgendaPage 2
April 8, 2020
Board of Supervisors Comments
7.
County Officials
8.
8.A.Request from the Commissioner of the Revenue for Refund and
Supplemental Appropriation
Branch Banking and Trust Company (BB&T) -$63,583.00
RefundBB&T.pdf
8.B.Emergency Ordinance for Continuity of Operations to Permit Remote
Participation in Meetings of County Boards, Commissions, &Committees
OrdinanceContinuityOfOperations.pdf
8.C.Adoption of Fiscal Year 2020-2021 Budget
Adoption of Fiscal Year 2020-21 Budget, and Appropriations and Setting of 2020
Tax Rates (Note: The Public Hearing on this matter was held March 25, 2020.)
BudgetResolution2021.pdf
Committee Business
9.-None
Public Hearings (Non Planning Issues)
10.
Ordinance to Amend the Frederick County Code, Chapter 89,
10.A.
Fire and Rescue Services
Proposed Revisions to this Chapter, Regarding the Operations and Functions
of the County Fire and Rescue System
Chapter89Amendment.pdf
3
Board of Supervisors
Regular Meeting AgendaPage 3
April 8, 2020
Planning Commission Business -Public Hearings
11.
Conditional Use Permit #08-19 for Tower Co.
11.A.
Submitted by Thomas Moore Lawson, PC, to Construct a Commercial
Telecommunication Facility Consisting of a 195-Foot Monopole
Telecommunication Facility and Accessory Structures. The Property is
Located at 107 Emory Court, Stephens City, Virginia and is Identified with
Property Identification Number 75-A-118 in the Opequon Magisterial District.
BOS 4-8-20 CUP 08-19 TowerCo.pdf
Planning Commission Business -Other Planning Business
12.-None
Board Liaison Reports
13.
Citizen Comments
14.
Board of Supervisors Comments
15.
Adjourn
16.
4
5
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 25,2020
7:00P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn; Gene E. Fisher;
Shawn L. Graber;Judith McCann-Slaughter;J. Douglas McCarthy andRobert W. Wells, Vice
Chairmanwere present.
Staff present: Kris C. Tierney, County Administrator;Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney;Karen Vacchio, Public Information Officer;
Scott Varner, Director of Information Technology;Cheryl Shiffler, Finance Director; Jennifer Place,
Risk Manager/Budget Analyst; Bill Orndoff, Treasurer; and Ann 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 Dunndelivered the invocation.
PLEDGE OF ALLEGIANCE
Vice ChairmanWells ledthe Pledge of Allegiance.
ADOPTION OF AGENDA –APPROVED
Upon motion of SupervisorSlaughter,seconded by Supervisor McCarthy,theagendawas
adoptedas amended on a voice vote.
6
Frederick County Board of Supervisors
Regular Meeting Minutes * March 25, 2020
1
CITIZENS COMMENTS-None
ADOPTION OF CONSENT AGENDA –APPROVED
Upon motion of Supervisor Dunn,seconded bySupervisor Slaughter,the consent agenda
was adoptedonarecorded vote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
-Minutes of Budget Work Session of March 11, 2020-
CONSENT AGENDAAPPROVAL
-Minutes of Regular Meeting of March 11, 2020-
CONSENT AGENDAAPPROVAL
-Parks and Recreation Commission Report of March 10, 2020-
CONSENT AGENDA APPROVAL
Appendix 1
-Human Resources Committee Report of March 13, 2020-
CONSENT AGENDA APPROVAL,
Appendix 2
-Meeting Schedule Adjustment for June, July, August, November, and December 2020 –
CONSENT AGENDA APPROVAL
-Employee of the Month Resolution Honoring Margie Sargent -
CONSENT AGENDA APPROVAL
WHEREAS, Margie Sargent has been employed by the Winchester Regional Airport Authority for about
one year and during this time she has quickly learned an entirely new industry (aviation), while
exemplifying outstanding customer service qualities; and
WHEREAS, Margie makes the flying customers' priorities her own: namely safety above all, client
satisfaction, and expedient, professional service; and
WHEREAS, Margie is courteous and respectful in every customer interaction, and can be trusted to multi-
task and prioritize her duties accordingly to ensure the customer's time is respected and frequently has been
recognized by customers for the quality of her service; and
WHEREAS, Margie has taken it upon herself to learn aspects of airport functions beyond her role, has
provided insightful feedback to management about airport operations, and regularly exceeds the standard
when it comes to the expectations for job performance in the Customer Service Representative position;
NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 25nd day of
March 2020, that Margie Sargent is hereby recognized as the Frederick County Employee of the Month for
March 2020; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Margie Sargent for her
outstanding performance and dedicated service and wishes her continued success in future endeavors; and
7
Frederick County Board of Supervisors
Regular Meeting Minutes * March 25, 2020
2
BE IT FINALLY RESOLVED, that Margie Sargent is hereby entitled to all of the rights and privileges
associated with this award.
-Changes to Frederick County Human Resources Policy regarding Workers’
Compensation Policy as recommended by the Human Resources Committee–
CONSENT AGENDA APPROVAL,
The approved changes are highlighted in the attached Human Resources Committee
Report -Appendix 2 of these minutes.
+ + + + + + + + + + + + + +
BOARD OF SUPERVISORS COMMENTS
Chairman DeHaven made a statement recognizing the efforts of the County’s citizensand
staff regarding the ongoing Coronavirus pandemic.
Supervisor Dunn presented information regarding the budget process and highlighted the
history of the schools’ budget requests in recent years.
Supervisor Graber presented information regarding his recent request for additional data
from the School Superintendent and School Board.
COUNTY OFFICIALS:
COMMITTEE APPOINTMENTS
DENNIS GRUBBS APPOINTEDTO PARKS AND RECERATION COMMISSION -APPROVED
On motion of Supervisor Dunn,seconded by Supervisor Wells,the Board appointed
DennisGrubbson a voice voteto the Parks and Recreation Commission to fill an unexpired term
ending April 28, 2022.
REMOTE MEETING POLICY ADOPTION –APPROVED
On motion of Supervisor McCarthy, seconded by Supervisor Graber,theBoard adopted
the Remote Meeting Policy on a voice vote.
BOARD OF SUPERVISORS REMOTE PARTICIPATION POLICY
The Board of Supervisors adopts the following policy to permit individual Supervisors to participate via
8
Frederick County Board of Supervisors
Regular Meeting Minutes * March 25, 2020
3
electronic communication means in Board meetings, as permitted by Virginia Code § 2.2-3708.2.
Section 2.2-3708.2 states, with respect to such a policy: “The policy shall be applied strictly and
uniformly, without exception, to the entire membership and without regard to the identity of the member
requesting remote participation or the matters that will be considered or voted on at the meeting.”
A Supervisor may participate from a remote location when he or she experiences a personal matter or
medical condition or disability that prevents attendance in person.
Whenever a Supervisor wishes to participate from a remote location, the following requirements apply:
On or before the day of the meeting, the Supervisor must notify Chair or, if the Supervisor who
wishes to participate remote is the Chair, the Chair must notify the Vice Chair, and indicate the
nature of the matter necessitating remote participation, as set forth below.
The Supervisor’s absence must be due to a personal matter or medical condition or disability that
prevents attendance in person.
In the case of absence due to a personal matter (not medical/disability), the Supervisor
o
may not participate remotely more than twice in one calendar year, and the Supervisor
shall identify the personal reason, for inclusion in the Board's minutes to note remote
participation for that reason.
In the case of absence due to medical/disability reason, the minutes must note the fact
o
of remote participation for that reason, but minutes need not note the particular
condition/disability. There is no limit on the number of times a Supervisor may
participate remotely for medical/disability reasons.
The Supervisor must identify the location of his participation (which itself need not be open to
the public), for inclusion in the Board's minutes.
The Supervisor 's voice must be audible to all persons attending the meeting in person.
The Board must approve such participation on the particular occasion and note that fact in the
minutes. If the Board denies participation, the Board also must note that fact in the minutes,
with the reasons for disapproval. With respect to approval/denial, the Board must uniformly
apply the policy (denial can only be for noncompliance with the policy).
A quorum of the Board must be physically present at the meeting location.
+ + + + + + + + + + + + + +
ESOLUTION AUTHORIZING THE TREASURER TO OBTAIN A LINE OF CREDIT –
R
APPROVED
In response to the ongoing Coronavirus pandemic crisis, Supervisor McCarthymoved for
approval of the Resolution authorizing the Treasurer to obtain a line of credit. The motion was
seconded by Supervisor Slaughter.
The Board and staff discussed the desire of the Board to have input on spending decisions
and ending the line of credit as soon as possible if the pandemic situation improves.The motion
carried on a recorded vote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
9
Frederick County Board of Supervisors
Regular Meeting Minutes * March 25, 2020
4
WHEREAS, the President of the United States, the Governor of the Commonwealth of Virginia, and the
Board of Supervisors of the County of Frederick have declared states of emergency to exist as a result of
the coronavirus (COVID-19) pandemic; and
WHEREAS, the pandemic may result in prolonged disruption to the national, state, and local economies,
including the ability of local citizens and businesses to make payment of taxes and other revenues due to
the County; and
WHEREAS, the Board wants to ensure stable revenue flows to the County in order for the County to
fulfill its financial obligations incurred as a result of its day-to-day operations and such additional
functions that may result from responding to the pandemic; and
WHEREAS, short-term financing, in the form of a line of credit, would assist the County by helping to
provide stable revenue flows, in the event of a short-term disruption in the County’s usual tax and
revenue flows; and
WHEREAS, Virginia Code Section 15.2-2629 provides authority for the County to borrow funds in
anticipation of the collection of the taxes and revenues for the then current fiscal year, subject to such
funds being repaid within one year;
THEREFORE, BE IT RESOLVED THAT, pursuant to Virginia Code Section 15.2-2629, the Board of
Supervisors hereby authorizes the Treasurer to obtain a line of credit (the "Line of Credit") for the County
of Frederick, in an amount not to exceed $50,000,000.00, for use, if necessary, during Fiscal Year 2020,
with such instrument to terminate with respect to use during Fiscal Year 2020 by not later than March 25,
2021, and for use, if necessary, during Fiscal Year 2021, with such instrument to terminate with respect to
use during Fiscal Year 2021 by not later than June 30, 2021; and
BE IT FURTHER RESOLVED THAT the Board of Supervisors hereby authorizes the Treasurer to
borrow funds under the Line of Credit, provided that, contemporaneous with such borrowing, the
Treasurer gives notification of the same to the Board of Supervisors and the County Administrator.
+ + + + + + + + + + + + + +
DECLARATION OF LOCAL EMERGENCY-APPROVED
In response to the ongoing Coronavirus pandemic, Supervisor McCarthymoved
for approval of the declaration of a local emergency. Supervisor Graberseconded the motion. The
Board and staff discussed the practicality of the County Administrator informing the Board of
emergency expenditures. The motion carried on a recordedvote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
WHEREAS, the Board of Supervisors of the County of Frederick does hereby find that:
1.The President of the United States has declared a national state of emergency to exist throughout
the country, and the Governor of Virginia has declared a state of emergency to exist throughout
the Commonwealth of Virginia as a result of the Corona Virus Pandemic (COVID-19);
2.The spread of the COVID-19 virus is a clear and present danger to the citizens and visitors of
Frederick County and threatens to strain the national and local health care system, public safety
and social service agencies;
3.Due to the imminent danger and possibility of prolonged duration of the pandemic, an
Emergency Declaration would provide the County the ability to expedite the performance of
public work, to enter into contracts for urgent resources, to provide materials and supplies and to
take other actions necessary to protect the health and welfare of the public.
:
Frederick County Board of Supervisors
Regular Meeting Minutes * March 25, 2020
5
NOW, THEREFORE, IT IS HEREBY PROCLAIMEDby the Board of Supervisors of the County of
Frederick, Virginia that an emergency exists throughout the county, and
IT IS FURTHER PROCLAIMED AND ORDERED that due to the above stated circumstances, and after
consultation with the Coordinator and Deputy Coordinator(s) of Emergency Management, the Director of
Emergency Management declared a local emergency pursuant to Section 44.146.21 of the Code of
Virginia on March 17, 2020. This local emergency declaration shall remain in effect until April 30, 2020
during which time the powers, functions, and duties of the Director of Emergency Management and the
Emergency Services Organizations of the County of Frederick shall be those prescribed by state law and
the ordinances, resolutions, and approved plan of the County of Frederick to mitigate the effects of said
emergency.
+ + + + + + + + + + + + + +
RESOLUTION TO SCHEDULE A SPECIAL MEETING APRIL 1, 2020, FOR PURPOSE
OF THE BOARD ACTING ON ADOPTION OF THE FY 20-21 BUDGET–No Action
By consensus, the Board agreed to maintain the original meeting schedule
rather than set an earlier meeting to consider action on the FY20-21 Budget.
PUBLIC HEARINGS (NON PLANNING ISSUES)
FISCAL YEAR 2020-2021 BUDGET
The County Administrator presented the proposed FY 20-21 budget.
Chairman DeHaven opened the public hearing.
No one had signed up to speak. The Deputy Clerk noted that more than 80 comments
had been received prior to the meeting because online comments had been encouraged in light of
the ongoing Coronavirus pandemic
.
Chairman DeHaven closed the public hearing.
++ + + + + + + + + + + + +
PLANNING COMMISSION BUSINESS–PUBLIC HEARINGS --None
PLANNING COMMISSION BUSINESS –OTHER PLANNING BUSINESS
ORDINANCE AMENDMENT REDUCING CUP APPLICATION FEE FOR COMMERCIAL
TELECOMMUNICATIONS FACILITIES FOR 60 DAYS–APPROVED
In light of the ongoing Coronavirus pandemic, Supervisor McCarthy moved for approval of
21
Frederick County Board of Supervisors
Regular Meeting Minutes * March 25, 2020
6
a temporary reduction in the application fee for conditional use permits for commercial
telecommunications facilities. Supervisor Graber, noting that many citizens have expressed
difficulty with internet access during the pandemic, seconded the motion.
Supervisor Fisher noted reducing the fee does not allow the process to be
completed any faster and therefore will not help with internet access for the current school year.
Supervisor Wells noted the County is one of many that haveissues with broadband access. The
motion carried on a recorded vote as follows:
Blaine P. DunnAyeGene E. Fisher Aye
Shawn L. GraberAyeRobert W. WellsAye
J. Douglas McCarthyAyeCharles S. DeHaven, Jr.Aye
Judith McCann-SlaughterAye
ORDINANCE
March 25, 2020
1. The President of the United States, the Governor of the Commonwealth of Virginia,
and the Board of Supervisors have each declared states of emergency relative to the COVID-19 pandemic
and, in the context of that emergency, the Board of Supervisors finds that better enabling mobile
telecommunications is an especially critical objective during the COVID-19 pandemic, and adopts the
following amendment to the County Code pursuant to the emergency provisions of the second paragraph
Section 15.2-1427(F) of the Code of Virginia.
2. The Board of Supervisors hereby ordains that, for the period from March 25, 2020 to
May 24, 2020, the first sentence of Section 165-204.19(C)(2) of the County Code, regarding the fee for
applications for standard process projects for commercial telecommunications facilities, be and hereby is
amended to read: “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 $750.00.”
3. The provisions of this ordinance shall expire on May 24, 2020, unless on or before that
date the Board of Supervisors adopts the same pursuant to the regular requirements of Sections 15.2-107,
15.2-1427, and 15.2-2204 of the Code of Virginia.
+ + + + + + + + + + + + + +
BOARD LIAISON REPORTS
Supervisor Dunn noted fundraising concerns ofthe volunteer fire departments during the
pandemic crisis.
CITIZEN COMMENTS
Tim Regan, Back Creek District, expressed concern about the pandemic crisis and asked
the Board to help the first responders.
22
Frederick County Board of Supervisors
Regular Meeting Minutes * March 25, 2020
7
BOARD OF SUPERVISORS COMMENTS
Supervisor McCarthy encouraged the community to help their neighbors during the
pandemic crisis.
Supervisor Wells congratulated the efforts of the community during the pandemic, adding;
however,that some are taking advantage of the current situation for their personalgain.
Supervisor Dunn expressed thanks to the Chairman and the County Administrator for their
efforts during the pandemic crisis.
County Administrator Tierney thanked his staff saying the County was as prepared as it
could have been for the pandemic.
Chairman DeHaven thanked the staff and the citizens saying he is appreciative of the help
provided by all to shorten the pandemic.
Supervisor Wells thanked the publicschool teachers and school staff members for assisting
the school children and families through the Bright Futures program during the pandemic crisis.
ADJOURN
On motion of Vice Chairman Wells, seconded by Supervisor McCarthy,the meeting was
adjourned at 8:18 p.m.
23
Frederick County Board of Supervisors
Regular Meeting Minutes * March 25, 2020
8
24
MINUTES
BUDGET WORK SESSION
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, APRIL 1, 2020
6:00P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn;Gene E. Fisher;
Shawn L. Graber; and Robert W. Wells were present.Judith McCann-Slaughter; and J. Douglas
McCarthyparticipated remotely.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney;Scott Varner, Director of Information
Technology; Cheryl Shiffler, Director of Finance; Bill Orndoff, Treasurer; Seth Thatcher,
Commissioner of the Revenue;and Ann W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 6:00p.m.and read a statement
regarding the ongoing coronavirus pandemic. On motion of Supervisor Fisher, seconded by
Supervisor Dunn, the Board approved remote participation by Board Members Judith McCann-
Slaughter and J. Douglas McCarthy on a voice vote.
Supervisor Dunn made a statement regarding his source for school capacity numbers.
Supervisor Graber made a statement commenting on the School Board budget requests.
The agenda was adopted as amended on a voice vote following a motion by Supervisor
Wells, seconded by Supervisor Fisher.
DISCUSSION
The Board,County Administrator Kris Tierney, and Finance Director Cheryl Shiffler
discussedbudget scenariosin light ofthe ongoing Coronavirus pandemic and expected lower
revenues. By consensus, the Board agreed to maintain the current real estate tax rate of $0.61 per
25
$100 of assessed value and asked the Finance Director to remove the proposed cost of living
adjustment for employees and to adjust the proposed budget to accommodate the following
additional items:
-hauling/recycling
-School Resource Officer for Jordan Springs Elementary School
-six firefighter/EMTs
-fuel assistance for the volunteer fire companies
-Sheriff’s Investigator position
-DSS manager position
ADJOURN
At 7:15p.m., Chairman DeHaven adjourned the meeting.
26
27
COUNTY of FREDERICK
Office of the County Administrator
Tel: 540.665.6382
Fax:540.667.0370
M E M O R A N D U M
To: Frederick County Board of Supervisors
From:Ann W. Phillips, Deputy Clerk
Date:April 3, 2020
Re:Proposed Frederick County letter to the Governor
__________________________________________________________________
The COVID-19 pandemic is having a very significant impact on the state budget.
The federal stimulus dollars will help, but there will still be some cuts. With that in
mind, it has been suggested that it might be useful for the County to send the attached
letter to the Governor opposing state budget reductions that hurt localities.
107 North Kent StreetWinchester, Virginia 22601
28
COUNTY of FREDERICK
Board of Supervisors
Charles S. DeHaven, Jr.
, Chairman
Robert W. Wells, Shawn L. Graber
,
Vice Chairman,Opequon DistrictBack Creek District
J. Douglas McCarthy, Blaine P. Dunn,
Gainesboro DistrictRed Bud District
Gene E. Fisher, Judith McCann-Slaughter,
Shawnee DistrictStonewall District
April 9, 2020
The Honorable Ralph Northam
Governor of Virginia
P.O. Box 1475
Richmond, Virginia 23218
Dear Governor Northam:
RE: Budgetary Impact of COVID-19 Pandemic
Thank you for your efforts to work with local governments as a part of the Commonwealth’s response to
the COVID-19 pandemic. Protecting public health, safety, and welfare are core responsibilities of local
governments, and continued state support in these areas is critical in ensuring our ability to execute this
responsibility successfully.
We understand that the fiscal impacts of the COVID-19 pandemic require a reconsideration of the state
budget for Fiscal Year 2020 and the 2020-2022 biennium budget.However, the impacts of the pandemic
on our local economies and our local budgets cannot be understated –there is no realistic way for us to
stretch our limited local resources to meet the needs associated with this crisis appropriately.
As you reassess the state budget to address this public health emergency, we encourage you to protect
state financial support for localities.
As a state/local partnership, ongoing funding from the Commonwealth for our local health department is
critical to our efforts to contain and endure this public health crisis. Local health departments are providing
vital testing, contact tracing, education and public outreach –additional state support for this crucial work
is essential as the pandemic progresses.
Additionally, as we plan and budget for the 2020-21 school year, we must ensure that funding for our
schools is preserved. We are already forced to spend substantially more than is required by the state to
provide the high-quality education required for County students to be successful.
And finally, the County has, by necessity, been overly reliant on property taxes to fund core local services.
We are pleased that the General Assembly passed legislation, SB588 and HB785, that attempts to equalize
29
107 North Kent Street,Winchester, Virginia 22601
Phone 540.665.6382|Fax 540.667.0370
taxingauthority between counties and cities. We believe it is critical that this legislation be approved by
you with no additional delay in the effective dates of any of the measure’s local taxes.
On behalf of the Frederick County Board of Supervisors, thank you for your consideration of these
requests.
Yours truly,
Charles S. DeHaven, Jr.
Chairman, Frederick County Board of Supervisors
cc: The Honorable Jill Vogel
The Honorable Chris Collins
The Honorable David LaRock
The Honorable Wendy Gooditis
2:
31
32
Frederick County, Virginia
hCCL/9 hC
/haaL{{Lhb9w hC I9 w99b
9
107 North Kent Street P.O. Box 552
Winchester VA 22601 Winchester VA 22604-0552
seth.thatcher@fcva.us
www.fcva.us/cor
SETH T. THATCHER Phone: 540-665-5681
COMMISSIONER Fax: 540-667-6487
- ±¢§ 23Ǿ ΑΏ20
TO: 2®£ 7¨««¨ ¬²Ǿ #®´³¸ !³³®±¤¸
#§¤±¸« 3§¨¥¥«¤±Ǿ &¨ ¢¤ $¨±¤¢³®±
&±¤£¤±¨¢ª #®´³¸ "® ±£ ®¥ 3´¯¤±µ¨²®±²
+±¨² 4¨¤±¤¸Ǿ #®´³¸ !£¬¨¨²³± ³®±
FROM: 3¤³§ 4ȁ 4§ ³¢§¤±Ǿ #®¬¬¨²²¨®¤± ®¥ ³§¤ 2¤µ¤´¤
RE: Exoneration "± ¢§ " ª¨¦ £ 4±´²³ #®¬¯ ¸
͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑
Pleas¤ ¯¯±®µ¤ ±¤¥´£ ®¥ $63,583.00 ³® ¥®±
¤·®¤± ³¨® ®¥ " ª &± ¢§¨²¤ 4 ·es ¥®± ³§¤ ¸¤ ±²2012-ΑΏΐΓ £¨±¤¢³¤£ ³® ¡¤ ¯ ¨£ ¯¤± ³§¤
³³ ¢§¤£ &¤¡±´ ±¸ ΑΖǾ ΑΏΑΏ «¤³³¤± £ /¢³®¡¤± ΐǾ ΑΏΐΘ £¤³¤±¬¨ ³¨® ¥±®¬ ³§¤
Commonwea«³§ ®¥ 6¨±¦¨¨
" ª &± ¢§¨²¤ 4 · r¤¥´£ ¥®± ³§¤²¤ ¸¤ ±² § ² ¡¤¤ ¶ ¨µ¤£ȁ
4® ¢®¬¯«¸ ¶¨³§ ³§¤ ±¤°´¨±¤¬¤³² ¥®± ³§¤ 4±¤ ²´±¤± ³® ¨²²´¤ ³§¨² ±¤¥´£Ǿ "® ±£ ¢³¨® ¨²
required.
²³ ¥¥ § ² µ¤±¨¥¨¤£ «« ±¤°´¨±¤£ £ ³ Ǿ £ ³§¤ ¯ ¯¤±¶®±ª ¨² ¨ ³§¤ ¢ ±¤ ®¥
³§¤ #®¬¬¨²²¨®¤± ®¥ ³§¤ 2¤µ¤´¤ȁ
0«¤ ²¤ «²® ¯¯±®µ¤ ²´¯¯«¤¬¤³ « ¯¯±®¯±¨ ³¨® ¥®± ³§¤ &¨ ¢¤ $¨±¤¢³®± ® ³§¨² ±¤°´¤²³ȁ
%·®¤± ³¨® ¨² $63,583.00.
33
34
35
36
37
38
39
3:
41
42
43
44
45
46
47
48
FY 2020-2021 BUDGET RESOLUTION
WHEREAS a notice of public hearing and budget synopsis has been published and a public
hearing held on March 25, 2020, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of
the Code of Virginia, 1950 as amended.
THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick,
Virginia, that the budget for the 2020-2021 Fiscal Year as advertised in The Winchester Star on
March 17, 2020, be hereby approved in the amount of $465,623,302.
BE IT FURTHER RESOLVED that the County of Frederick budget for the 2020-2021 fiscal
year be adopted and the funds appropriated as follows:
General Operating Fund $201,038,131
Regional Jail Fund 24,194,922
Landfill Fund9,647,354
Division of Court Services Fund 591,882
Shawneeland Sanitary District Fund 0
Airport Operating Fund 1,904,997
Lake Holiday Sanitary District Fund 779,998
EMS Revenue Recovery Fund 1,867,217
Economic Development Authority Fund 640,351
School Operating Fund181,760,421
School Debt Service Fund17,957,232
School Capital Projects Fund 4,415,900
School Nutrition Services Fund 7,581,744
49
School Textbook Fund2,871,240
NREP Operating Fund 6,251,913
NREP Textbook Fund 20,000
Consolidated Services/Maintenance Fund3,600,000
School Private Purpose Funds500,000
BE IT FURTHER RESOLVED thatthe Board of Supervisors of the County of Frederick,
Virginia, does herein adopt thetax rates for the 2020 assessment year as follows:
Property Taxes –Rates per $100 of assessed value
Applied to real estate, including mobile homes
$0.61
Applied to personal property including
$4.86
business equipment
$2.25 Applied to personal property on one vehicle to
volunteer firefighters that are approved and
registered with the Frederick County Fire and
Rescue Department
$0.01 Applied to aircraft
Zero tax Applied to antique vehicles and mopeds
$2.00 On declining values to be applied to
machinery and tools. The declining values are
60% for year one, 50% for year two, 40% for
year three, and 30% for year four and all
subsequent years.
$2.00 On apportioned percentage of book values to
be applied to Contract Classified Vehicles and
equipment
4:
Business and Professional Occupational License Rates
Contractors $0.16 per $100 of gross receipts
Retail $0.20 per $100 of gross receipts
Financial, Real Estate, and Professional $0.58 per $100 of gross receipts
Services
Repair, personal and business services $0.36 per $100 of gross receipts
and all other businesses and
occupations not specifically listed or
exempted in the County Code
Wholesale $0.05 per $100 of purchases
The tax rates for other businesses and occupations specifically listed in the County Code
are also unchanged.
Other General Taxes
Meals tax 4% of gross receipts
Transient Occupancy tax 3.5% of gross receipts
Vehicle License Taxes $25 per vehicle and $10 per motorcycle
Sanitary Landfill Fees
$50 Per ton for commercial/industrial
$45 Per ton for construction demolition debris
$20 Per ton for municipal waste
$38 Per ton for municipal sludge
$15 Per ton for Miscellaneous Rubble Debris
Shawneeland Sanitary District Taxes
$190Unimproved Lots
51
$660Improved Lots
Lake Holiday Sanitary District Taxes
$678Buildable Lots
$264Unbuildable Lots
Lots owned by Lake Holiday Country Club, Inc.
$0 Buildable Lots and Unbuildable Lots
Star Fort Subdivision Taxes/Fees
$60 Per Lot
Street Light Fees
Oakdale Crossing $40 annually
Fredericktowne $42.50 annually
Green Acres $25 annually
BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores
fund, special welfare fund, comprehensive services fund, county health insurance fund, school
health insurance fund, length of service fund, special grant awards fund, employee benefits fund,
maintenance insurance fund, development project fund, sales tax fund, commonwealth sales tax
fund, unemployment compensation fund, Forfeited Assets Program, Four-For-LifeFunds, Fire
Programs, and Economic Incentive funds equal to the total cash balance on hand at July 1, 2020,
plus the total amount of receipts for the fiscal year 2020-2021. The County Capital Fund and Fire
Company Capital appropriation will include the current year appropriation plus any unused funds
at the end of the fiscal year 2020. The County Capital appropriation shall include funds
transferred to other capital funds for classification purposes.
BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2020,
are re-appropriated to the 2020-2021 fiscal year to the same department and account for which
they are encumbered in the 2019-2020 fiscal year.
52
BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a
carryforward in the amount that equals the approved original project cost, less expenditures and
encumbrances through June 30, 20120.
BE IT FURTHER RESOLVED that the budget for Shawneeland Sanitary District will be
appropriated at a later date and is not included in this budget resolution.
53
4/2/2020 1:09 PM
54
COUNTY of FREDERICK
Office of the County Administrator
Tel: 540.665.6382
Fax:540.667.0370
M E M O R A N D U M
To: Frederick County Board of Supervisors
From:Ann W. Phillips, Deputy Clerk
Date:April 1, 2020
Re:Frederick County Code Chapter 89
__________________________________________________________________
Attached is a proposed ordinance detailing revisions to Frederick CountyCode
Chapter 89 (Fire and Rescue Services), which were developed by the Fire and Rescue
Department, in conjunction with the Volunteer Community. The proposed revisions
have beenreviewed by the Fire & Rescue Association and were recommended to move
forward to the PublicSafety and Code & Ordinance committees.
The Public Safety Committee and the Code & Ordinance Committee
recommended the revised chapter be forwarded to the Board of Supervisors for public
hearing. Following the public hearing,staff is seeking Board action on the ordinance
revising Chapter 89.
107 North Kent StreetWinchester, Virginia 22601
55
56
57
58
59
5:
61
62
63
64
65
CONDITIONAL USE PERMIT #08-19
TowerCo
Staff Report for the Board of Supervisors
Prepared: March 30, 2020
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission:
01/15/20 Recommended Denial
Board of Supervisors:
04/08/20 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit to construct a commercial telecommunication
facility consisting of a 195-foot monopole telecommunication facility and accessory structures.
During the Planning Commission meeting, the Applicant communicated that they would reduce
the proposed tower to 150 feet in height. The Planning Commission recommended denial of the
tower at the reduced 150 - foot height.
Should the Board of Supervisors find the use to be appropriate, Staff would suggest the
following conditions:
1.All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application by the
Board of Supervisors would be appropriate. If the Board seeks denial of this request, staff would
look to return this item at the next Board meeting with an appropriate denial resolution. The
Applicant should be prepared to adequately address all concerns raised by the Board of
Supervisors.
66
Page 2
CUP #08-19 Tower Co.
March 30, 2020
LOCATION:
This property is located at 107 Emory Court, Stephens City, Virginia.
MAGISTERIAL DISTRICT:
Opequon
PROPERTY ID NUMBER:
75-A-118
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use:
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: County Park
South: RA (Rural Areas) Use: County Park
East: RA (Rural Areas) Use: County Park
West: RA (Rural Areas) Use: County Park
PROPOSED USE:
This is a request for a Conditional Use Permit to enable the construction of
a 195-foot Monopole-Type Commercial Telecommunications Facility. During the Planning
Commission meeting, the Applicant communicated that they would reduce the proposed tower to
150 feet in height.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The application for a Conditional Use Permit for this
property appears to have little measurable impact on Emory Court, the Future VDOT facility
providing access to the property. A low volume commercial entrance will be required at the tie-
in to the cul-de-sac. Should the use ever expand in the future, the entrance will need to be
reviewed, to determine if additional improvements may be required.
Frederick County Inspections:
Please see the attached comment sheet from Mark Fleet,
Building Official dated December 2, 2019.
Winchester-Frederick County Health Department:
The Frederick County Health Department
has no objection to this project since no wells or septic systems will be affected by this addition
to 75B-A-1.
Frederick County Fire Marshall:
Conditional Use Permit Approved provided that fire
department access and turnaround meet Frederick County Fire Prevention Code 503.2.1
Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20
feet (6096 mm), exclusive of shoulders D103.4 Dead-end fire apparatus access roads in excess of
67
Page 3
CUP #08-19 Tower Co.
March 30, 2020
150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance
with Table D103.4. A site plan will need to be submitted showing this.
Winchester Regional Airport:
Please see attached letter from Nick Sabo, A.A.E. Executive
Director dated August 8, 2019.
Frederick County Park and Recreation Dept:
The Parks and Recreation Department is
concerned with the aesthetic impact of the proposed cell tower CUP based on its location. The
property with the proposed tower is bordered on all sides by park land and is in an open area
where planned park development will be in view of the proposed tower site.
Planning and Zoning:
The 2035 Comprehensive Policy Plan of Frederick County
hen considering any land use action. This proposed
195-foot monopole-type commercial telecommunication facility is located on a 4 +/- acre
property that is zoned RA (Rural Areas) Zoning District. The property is located within the UDA
and SWSA as identified within the Comprehensive Plan and is located within the Southern
Frederick Area Plan. These plans identify this area as a recreational resource with the area north
to remain residential in character.
The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in
the RA Zoning District with an approved Conditional Use Permit (CUP). The properties
immediately adjacent to this proposed CUP are currently zoned RA Zoning District. The zoning
ordinance requires that all proposed telecommunication facilities be subject to additional
performance standards in order to promote orderly economic development and mitigate the
negative impacts to adjoining properties, residential properties, land use patterns, scenic areas
and properties of significant historic value.
Furthermore, the Frederick County Zoning Ordinance requires an Applicant to provide
confirmation that an attempt was made to collocate on an existing telecommunication facility,
and possible collocation structures. The Applicant has provided an inventory of existing
telecommunication facilities, and no other telecommunication facility or possible collocation
opportunity structures exist in this area. Should this facility be approved this commercial
telecommunication facility will be positioned to provide the existing and future land uses in this
area of the County with telecommunication needs.
STAFF CONCLUSIONS FOR THE 01/15/20 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
68
Page 4
CUP #08-19 Tower Co.
March 30, 2020
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit
PLANNING COMMISSION SUMMARY AND ACTION FOR THE 01/15/20 MEETING:
Staff reported this is a request for a Conditional Use Permit to construct a commercial
telecommunication facility consisting of a 195-foot monopole telecommunication facility and
accessory structures. He continued, the property is located on a 4+/- acre property that is zoned
RA (Rural Areas) Zoning District and the property is located within the UDA and SWSA as well
as being located within the Southern Frederick Area Plan. Staff presented location maps of the
property. He noted, the plan identifies this area as a recreational resource with the area north to
remain residential in character. Staff explained the Zoning Ordinance requires commercial
. He continued,
the properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas)
and RP (Residential Performance) are located to the north of this site; the Zoning Ordinance
requires that all proposed telecommunication facilities be subject to additional performance
standards in order to promote orderly economic development and mitigate the negative impacts
to adjoining properties, residential properties, land use patterns, scenic areas and properties of
significant historic value. Staff reported, the Zoning Ordinance requires an Applicant to provide
confirmation that an attempt was made to collocate on an existing telecommunication facility,
and possible collocation structures. He noted, the Applicant has provided an inventory of
existing telecommunication facilities, and no other telecommunication facility or possible
collocation opportunity structures exist in this area. Staff presented the following conditions:
1.All review agency comments shall be complied with at all times.
2.The tower shall be available for collocating personal wireless service providers.
3.A minor site plan shall be approved by Frederick County.
4.The tower shall be removed by the Applicant or property within 12 months of
abandonment of operation.
5.In the event a telecommunications tower is not erected within 12 months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6.Any expansion or change of use shall require a new Conditional Use Permit.
Mr. , P.C. came forward representing the Applicant. He provided a brief
69
Page 5
CUP #08-19 Tower Co.
March 30, 2020
overview of the application. Mr. David Hockey, of TowerCo came forward and shared what
TowerCo is and what they do. He explained, they were approached by Shentel to build a tower
at this location. He provided mapping of the property and the proposed location of the tower.
Regarding the tower height, he noted it was originally planned to be 195-feet and has been
reduced to 150-feet. A Commissioner commented regarding the topography of the site; if the
tower is moved farther south it will be moving it closer to the park property. Mr. Hockey stated
that is correct. A Commissioner asked if the topography is the same farther south as it is in the
center of the site or does the topography drop off. Mr. Hockey commented the parcel is
generally flat and moving it south would be moving it a little farther from the housing. A
Commissioner asked if these monopoles are designed to collapse down rather than fall over.
Mr. Hockey stated that is correct; when the towers are designed, they have what is called
collapse zones that are within the tower. Mr. Lawson provided an aerial view of the property
noting trees will be planted in the surrounding area where some of the trees are missing. He
reported, there have been attempts by Shentel to find other sites that have been unsuccessful.
Ms. Jessie Wilmer, representing Shentel came forward and provided a brief overview of Shentel
and their history. She shared the objectives of Shentel in providing coverage in the area. Ms.
Wilmer provided the reasons as to why they need the tower. She explained the balloon testing
that was performed for this project and shared photos. A Commissioner asked if a light will be
required on top if it is at 150-feet. Mr. Lawson responded no; it would have to be above 200 feet
according to the FAA. He noted, the Applicant would put a light if it were needed.
Approximately 18 to 20 citizens came forward and shared their concerns which consisted of: A
negative impact on property values; an eye sore from surrounding homes; it will be hard to sell
homes in Dominion Greens; health impacts the tower could have; bike and walking trails will be
affected; a danger to children in recreational area; a light on top would be a nuisance.
One citizen spoke in favor of the tower and shared: the need for communication; need more cell
towers to cover the capacity and Shentel has done a great job of finding locations; colocation will
be beneficial to other carriers.
Supervisor Bob Wells came forward and offered to speak with citizens after the meeting.
Mr. Lawson shared; the FAA determination does not require a light. He noted the sensitivity to
the needs and views of the neighbors and Shentel will do their best to accommodate. A
Commissioner thanked everyone for coming and speaking. He noted the Applicants willingness
to compromise the height of the tower and there are some sacrifices that have to be made. He
understands this is a tough issue however there are limited areas this can be located. Another
Commissioner commented he struggles to support the justification and the impacts on the
neighbors but yet there is a real need for a tower near there.
A motion was made by a Commissioner to approve however there was not a second. A motion
was made, seconded, and passed to recommend denial of Conditional Use Permit #08-19 for
6:
Page 6
CUP #08-19 Tower Co.
March 30, 2020
TowerCO.
Yes: Marston, Ambrogi, Manuel, Cline, Oates, Kenney, Molden, Mohn, Dawson, Morrison,
Triplett
No: Thomas
EXECUTIVE SUMMARY FOR THE BOARD OF SUPERVISORS:
This is a request for a Conditional Use Permit to construct a commercial telecommunication
facility consisting of a 195-foot monopole telecommunication facility and accessory structures.
During the Planning Commission meeting, the Applicant communicated that they would reduce
the proposed tower to 150 feet in height. The Planning Commission recommended denial of the
tower at the reduced 150 - foot height.
Should the Board of Supervisors find the use to be appropriate, Staff would suggest the
following conditions:
1.All review agency comments and requirements shall be complied with at all times.
2.The tower shall be available for collocating personal wireless services providers.
3.A minor site plan shall be approved by Frederick County.
4.The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5.In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
Any expansion or modification of this use will require a new Conditional Use Permit.
6.
Following this public hearing, a decision regarding this Conditional Use Permit application by the
Board of Supervisors would be appropriate. If the Board seeks denial of this request, staff would
look to return this item at the next Board meeting with an appropriate denial resolution. The
Applicant should be prepared to adequately address all concerns raised by the Board of
Supervisors.
71
114123REEDVILLE CT108
LADYSMITH DR
UPPERVILLE DR
REEDVILLE CT203LADYSMITH DR
UPPERVILLE DR
LADYSMITH DR
CUP # 08 - 19: TowerCo
LADYSMITH DR211
116LADYSMITH DR
102
111
205
110
LADYSMITH DR
LADYSMITH DR
119
REEDVILLE CT
UPPERVILLE DR
LADYSMITH DR
UPPERVILLE DR
LADYSMITH DR
118
PIN: 75 - A - 118
131
LADYSMITH DR
LADYSMITH DR
127
Cell Tower
112
LADYSMITH DR
133
120
206
UPPERVILLE DR
LADYSMITH DR
Location Map
LADYSMITH DR
LADYSMITH DR
208
137
200
122
LADYSMITH DR
LADYSMITH DR
LADYSMITH DR
LADYSMITH DR
204
212
124
LADYSMITH DR
LADYSMITH DR
210
140
LADYSMITH DR216
LADYSMITH DR
LADYSMITH DR
LADYSMITH DR
128
203
LADYSMITH DR
138UPPERVILLE DR
LADYSMITH DR
134
130
LADYSMITH DR
LADYSMITH DR
136
205
202
LADYSMITH DR
132
UPPERVILLE DR
UPPERVILLE DR
LADYSMITH DR
207
104
UPPERVILLE DR
EMORY CT
106
EMORY CT
103
105
EMORY CT
EMORY CT
213
UPPERVILLE DR
210
UPPERVILLE DR
219
212
UPPERVILLE DR
525
UPPERVILLE DR
221
LINE DR
UPPERVILLE DR
223
216
UPPERVILLE DR
UPPERVILLE DR
218
UPPERVILLE DR
220
UPPERVILLE DR
222
CUP #08-19
UPPERVILLE DR
224
75 A 118
UPPERVILLE DR
226
UPPERVILLE DR
C
E
N
T
R
E
D
R
¬
«
277
µ
Application
Parcels
Sewer and Water Service Area
72
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
0130260520Feet
Map Created: December 5, 2019
73
74
75
76
77
78
79
7:
81
82
83
84
85
86
87
88
89
8:
91
92
93
94
95
96
97
98
99
9:
:1
:2
:3
:4
:5
:6
:7
:8
:9
211
212
213
214
215
216
217
218
219
21:
221
222
223
224
225
226
227
228
229
22:
231
232
233
ORDINANCE
Action:
PLANNING COMMISSION: January 15, 2020 Public Hearing Held, Recommended Denial
BOARD OF SUPERVISORS: April 8, 2020 Pending
ORDINANCE
CONDITIONAL USE PERMIT #08-19
TOWERCO COMMERCIAL TELECOMMUNICATION TOWER
WHEREASCONDITIONAL USE PERMIT APPLICATION #08-19
, wassubmitted by Thomas
Moore Lawson, P.C., on behalf of TowerCo and the owners of Property Identification Number 75-A-118
to construct a commercial telecommunication facility consisting of a 195-foot monopole
telecommunication facility and accessory structures was considered. The property is located at 107 Emory
Court, Stephens City, Virginia and is further identified with Property Identification Number 75-A-118 in
the Opequon Magisterial District; and
WHEREAS,
the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on January 15, 2020 and the Applicant requested an amendment that reduced the tower height to
150-feet, and the Commission recommended denial of this Conditional Use Permit; and
WHEREAS
, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Permit during their regular meeting on April 8, 2020; and
WHEREAS
, the Frederick County Board of Supervisors finds the approval of this Conditional Use
Permit to be in the best interest of the public health, safety, welfare, and in conformance with the
Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED
by the Frederick County Board of Supervisors, that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that
Conditional Use Permit #08-19 for a 150-foot commercial telecommunication tower (revised from 195 feet)
identified with Property Identification Number 75-A-118 is approved with the following
on the parcel
conditions:
1.All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12) months of
abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
234
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
th
This ordinance shall be in effect on the date of adoption. Passed this 8 day of April 2020 by the
following recorded vote:
Charles S. DeHaven, Jr., Chairman Shawn L. Graber
J. Douglas McCarthy Robert W. Wells
Gene E. Fisher Judith McCann-Slaughter
Blaine P. Dunn
A COPY ATTEST
_________________________________
Kris C. Tierney
Frederick County Administrator
PDRes #12-20
235