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September 23 2020 Board_Agenda_Packet 7 f AGENDA BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 23, 2020 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 Regular Meeting of September 9, 2020 BOS09-23-20MinutesRegularMeeting9September2020.pdf 6.13. Code and Ordinance Committee Report of September 14, 2020 BOS09-23-2020CodeAndOrd inanceCommitteeReport14September2020.pdf 6.C. Finance Committee Report of September 16, 2020 BOS09-23-20FinanceCommitteeReportl6September2020.pdf 7. Board of Supervisors Comments 1 Board of Supervisors Regular Meeting Agenda Page 2 September 23, 2020 8. County Officials 8.A. Committee Appointments 1 . Parks and Recreation Commission Four-year term of Shawnee District Rep. Guss Morrison expires 9-28-20 Mr. Morrison is eligible and willing to serve another term. BOS09-23-20BoardCom m itteeAppts(09172020Mtg).pdf 9. Committee Business - Code and Ordinance Committee 9.A. Proposed Revision to Frederick County Code, Chapter 158 (Vehicles and Traffic), to add new Section 155-18.1, to designate the roads and streets within the Lake Frederick (Shenandoah) Subdivision as highways for law enforcement purposes. The proposed ordinance would designate the private roads and streets in the Lake Frederick (Shenandoah) Subdivision as highways for law enforcement purposes, consistent with the authorization under Virginia Code §46.2-1307. The language is similar to that currently in the county code relative to Shawneeland, Wilde Acres, and Lake Holiday subdivisions. The proposed ordinance was considered by the Public Safety Committee and the Committee referred it to the Code & Ordinance Committee with a recommendation of approval. The Committee unanimously forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. 9.B. Proposed revision to Frederick County Code, Chapter 86 (Festivals). The Committee discussed the revised definition and what types of events/organizations might need a permit under the revised ordinance. They also discussed the current Zoning Ordinance and what protections currently exist that might address many of the issues that could arise if the existing festival permit ordinance were to be repealed. The Committee unanimously forwarded to the Board of Supervisors for public hearing a recommendation of repeal of Chapter 86 (Festivals). BOS09-23-2020CodeAndOrd inanceCommitteeReport14September202O.pdf 2 Board of Supervisors Regular Meeting Agenda Page 3 September 23, 2020 10. Committee Business - Finance Committee 10.A. Finance Committee Business (*) Items 3 and 4 were approved under consent agenda. 1. The Sheriff requests a General Fund supplemental appropriation in the amount of$20,559.80. This amount represents the sale of surplus and will be used towards the purchase of a new cruiser($13,409.23) and a building at the impound lot ($7,150.57). No local funds required. The committee recommends approval. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $45,020.68 to purchase a building for the impound lot. Of this amount$5,000 is a donation received and $40,020.68 is a carry forward of unspent insurance proceeds from damage to a tent in 2018. The committee recommends approval. 3. (*)The Sheriff requests a General Fund supplemental appropriation in the amount of$2,726.26. This amount represents reimbursement from an auto claim to be used for vehicle repair. No local funds required. Approved on committee consent agenda. 4. (*)The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of$152,890. This amount represents a carry forward of unspent funds for the completion of construction documents for Old Charlestown Road Park. Approved on committee consent agenda. 5. The Finance Director presented FY 2020 Year End financial information and requests a public hearing for a General Fund and County Capital Fund supplemental appropriation in the amount of$9,800,000. This amount represents General Fund fund balance in excess of 20% to be transferred to the Capital Fund. The committee recommends advertising for public hearing. 11. Public Hearings (Non Planning Issues) - None 12. Planning Commission Business - Public Hearings 12.A. Conditional Use Permit #05-20 for Bartonsville Energy Facility, LLC Submitted to Construct a 705-Acres Utility-Scale Solar Power Generating Facility (Disturbed Area) Located on a Property Totaling Approximately 1,160.5-Acres. The Properties are Generally Located Along Marlboro Road (Route 631), Passage Road (Route 648), Springdale Road (Route 649), Middle Road (Route 628), and West of the CSX Rail Corridor in Frederick County and Partially within the Town of Stephens City Limits and are Identified with Property Identification Numbers 74-A-45, 74-A-44A, 74- A-4, 74-A-6C, 74-A-44, 74-A-35A, 74-A-20, 74 -A-21, 74 -A-3 and Lots 1- 12 (Inclusive) in the Springdale Glen Subdivision and Lots 1-52 (Inclusive) in the Carrolton Estates Subdivision in the Back Creek and Opequon Magisterial Districts. BOS09-23-20CUP05-20BartonsvilleEnergyFacility.pdf 3 Board of Supervisors Regular Meeting Agenda Page 4 September 23, 2020 Planning Commission Business - Public Hearings, continued 12.13. Conditional Use Permit #10-20 for Hans Holthaus Submitted for a Public Garage with No Body Repair (Vehicles and Farm Equipment). The Property is Located at 5115 Cedar Creek Grade, Winchester, Virginia and is Identified with Property Identification Number 72-A-22A in the Back Creek Magisterial District. BOS09-23-20CUP10-20HansHolthaus.pdf 12.C. Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Article I General Provisions, Amendments and Conditional Use Permits; Part 101 General Provisions, §165- 101.02 Definitions and word usage. Day-Care Facility. Article VI Business and Industrial Zoning Districts; Part 602 B1 Neighborhood Business District, §165-602.02. Allowed Uses; Part 603 B2 General Business District, §165-603.02. Allowed Uses; Part 605 OM Office-Manufacturing Park District, §165- 605.03. Secondary or accessory uses. Revision to the Frederick County Zoning Ordinance to Expand the Definition for Day-Care Facility to Include the Care, Protection and Guidance of Adults in Addition to Children, and to Include this Definition in the B1 (Neighborhood Business) District, B2 (General Business) District, and the OM (Office-Manufacturing) District. BOS09-23-20DRRC-DayCareFaciIitiesAmend ment.pdf 13. Planning Commission Business - Other Planning Business 13.A. Rezoning #06-19 Winchester Medical Center, Inc. Submitted by Valley Engineering, PLC., to Revise the Proffered Generalized Development Plan Approved with Rezoning #02-03 for 37.5424+/- Acres Zoned B2 (General Business) District and 51.8675+/- Acres Zoned MS (Medical Support) District to the MS (Medical Support) District. The Property is on the Northern Side of Route 50 West and West of Route 37 and is Identified by Property Identification Number 53-A-68 in the Gainesboro Magisterial District. 130S09-23-20REZ06-19WMC.pdf 14. Board Liaison Reports 15. Citizen Comments 16. Board of Supervisors Comments 17. Adjourn 4 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 23, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Minutes of Regular Meeting of September 9, 2020 Attachments: BOS09-23-20MinutesRegularMeeting9September2020.pdf 5 MINUTES CLOSED SESION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 9, 2020 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice Chairman; Blaine P. Dunn; Shawn L. Graber; Gene E. Fisher; and Judith McCann-Slaughter were present. J. Douglas McCarthy participated remotely. 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; Mike Ruddy, Director of Planning; Mark Cheran, Zoning&Subdivision Administrator;and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Pastor John Morrison, staff member at Fellowship Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. REMOTE PARTICIPATION BY A BOARD MEMBER—APPROVED On motion of Supervisor Dunn, seconded by Vice Chairman Wells, remote meeting participation by Supervisor McCarthy was approved on a voice vote. ADOPTION OF AGENDA—APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Graber, the agenda was adopted as presented on a voice vote. Frederick County Board of Supervisors Regular Meeting Minutes *September 9, 2020 1 6 CITIZENS COMMENTS— None ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion was seconded by Supervisor Dunn and carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye - Minutes of Closed Session & Regular Meeting of August 12, 2020 - CONSENT AGENDA APPROVAL -Minutes of Planning Commission Joint Work Session of August 12, 2020 -CONSENT AGENDA APPROVAL - Parks and Recreation Commission Report of August 11, 2020 - CONSENT AGENDA APPROVAL, Appendix 1 - Human Resources Committee Report of August 14, 2020 - CONSENT AGENDA APPROVAL, Appendix 2 - Finance Committee Report of August 19, 2020 - CONSENT AGENDA APPROVAL,Appendix 3 - Public Safety Committee Report of August 20, 2020 - CONSENT AGENDA APPROVAL,Appendix 4 -Transportation Committee Report of July 27, 2020 - CONSENT AGENDA APPROVAL,Appendix 5 -Joint Finance Committee Report of August 26, 2020 -CONSENT AGENDA APPROVAL,Appendix 6 - Approval of Changes to the Human Resources Policy as Recommended by the Human Resources Committee in Response to Code Revisions Recently Passed by the General Assembly- CONSENT AGENDA APPROVAL - Request from the Commissioner of the Revenue for Refunds and Corresponding Supplemental Appropriations - CONSENT AGENDA APPROVAL Undisclosed Taxpayer—Disabled Veteran's Relief- $5,911.74 - Road Resolution — Regents Crescent 1 Regents Crest-CONSENT AGENDA APPROVAL ROAD RESOLUTION WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation;and Frederick County BoUrd of Supervisors Regithir Meeting Minutes *September 9, 2020 2 7 WHEREAS,the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: COMMITTEE APPOINTMENTS AMY CLINE STROSNIDER RE-APPOINTED TO PARKS AND RECREATION COMMISSION — APPROVED Vice Chairman Wells moved to reappoint Amy Cline Strosnider to serve a four-year term ending 9-14-24 on the Parks and Recreation Commission. The motion, seconded by Supervisor Slaughter, carried on a voice vote. RICK TILL AND SUSAN BROOKS APPOINTED TO ECONOMIC DEVELPOMENT AUTHORITY —APPROVED Supervisor Slaughter moved for appointment of Rick Till to fill an unexpired term ending 9- 10-22 and appointment of Susan Brooks to fill a four-year term ending 11-10-24. Vice Chairman Wells seconded the motion. Supervisor Graber noted a recently received application from Gary Lofton. Supervisor Dunn moved to amend the motion to include Rick Till and Gary Lofton as appointees. The motion to amend failed on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Frederick County BoUrd of Supervisors Regithir Meeting Minutes *September 9, 2020 3 8 The original motion for appointment of Rick Till and Susan Brooks carried on a recorded vote as follows: Blaine P. Dunn No Gene E. Fisher Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ROBERT W. WELLS REAPPOINTED TO THE REGIONAL JAIL AUTHORITY -APPROVED Supervisor Slaughter moved to reappoint Vice Chairman Wells to serve a four-year term ending 10-31-24 on the Regional Jail Authority. The motion, seconded by Supervisor Dunn,carried on a voice vote. COMMITTEE BUSINESS—FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of$51,281. This amount represents a carry forward of unspent FY20 funds for carpet installation that is currently in process; The F&R Chief requests a General Fund supplemental appropriation in the amount of $76,000. This amount represents a carry forward of unspent grant funds for the Stephens City Swiftwater Team; The Public Works Director requests a General Fund supplemental appropriation in the amount of $2,495. This amount represents unspent FY20 grant funds for environmental education; The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The P&R Director requests a General Fund supplemental appropriation in the amount of $55,000. This amount represents proffer funds for an outdoor gym facility at Clearbrook Park. Vice Chairman Wells seconded the Frederick County Board of Supervisors Regular Meeting Minutes *September 9, 2020 4 9 motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Public Works Director requests a General Fund supplemental appropriation in the amount of $20,000. This amount represents funds donated and reserved for the spaying and neutering of shelter pets. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Public Works Director requests a Landfill Fund supplemental appropriation not to exceed $1,327,298. This amount represents a carry forward of unspent FY20 funds for various projects. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Sheriff requests General Fund supplemental appropriation in the amount of $11,492.03. This amount represents two auto insurance claims and will go toward auto repair and the purchase of a new vehicle. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following resolution as discussed with the EDA Director regarding the tax rate for data centers as follows: $1.25 per $100 in assessed Frederick County Board of Supervisors Regular Meeting Minutes *September 9, 2020 5 10 property value,subject to declining values for depreciation. Supervisor Dunn seconded the motion. Supervisors Graber and Dunn discussed concerns about changing a tax rate for only one industry. Supervisor Slaughter noted that tax rates are adopted annually allowing for changes to be made if necessary. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber No Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye SETTING THE 2021 TAX RATE FOR THE TANGIBLE PERSONAL PROPERTY OF DATA CENTERS WHEREAS,the Board of Supervisors determines that the location of"data centers", as Section 58.1-3506(A)(43)of the Code of Virginia defines that term,in Frederick County is desirable; and WHEREAS, one means of encouraging the location of data centers in Frederick County is to set a competitive tax rate for the tangible personal property used in data centers, especially relative to other localities in Virginia; and WHEREAS, Section 58.1-3506(A)(43) of the Code of Virginia provides that the tangible personal property used in data centers shall constitute a classification for local taxation separate from other classifications of tangible personal property; and WHEREAS, Section 58.1-3503(A)(17) of the Code of Virginia provides that the tangible personal property used in data centers shall also constitute a classification for local taxation separate from other classifications of tangible personal property for valuation purposes,provided that such valuation shall be by means of a percentage or percentages of original cost, or by such other method as may reasonably be expected to determine the actual fair market value; and WHEREAS, Section 58.1-3503(B)of the Code of Virginia provides that tangible personal property shall be subject to such methods of valuation as may reasonably be expected to determine actual fair market value as determined by the Commissioner of Revenue;however, assessment ratios shall only be used with the concurrence of the local governing body; NOW,THEREFORE,BE IT RESOLVED,that the Board of Supervisors sets the tax rate,for tax year 2021, for the tangible personal property used in any"data center", as Section 58.1-3506(A)(43) of the Code of Virginia defines that term, at$1.25 per$100 of assessed value, on declining values,per the determination of the Commissioner of the Revenue. For the declining values,the Board concurs in the Commissioner of the Revenue's determination of the values as the following percentages of original cost: 50%for year one, 35%for year two, 20%for year three, 10%for year four, and 5%for year five and all subsequent years. + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNING ISSUES) OUTDOOR FESTIVAL PERMIT REQUEST OF ROTARY CLUB OF WINCHESTER—ANNUAL SHENANDOAH VALLEY APPLE HARVEST FESTIVAL-APPROVED County Administrator Tierney explained the permit request. Chairman DeHaven opened the public hearing. Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 6 11 No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of the Outdoor Festival Permit. Supervisor Graber seconded the motion. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye AMENDMENT TO THE 2020-2021 FISCAL YEAR BUDGET-APPROVED Mr. Tierney explained the funds received by the County through the Coronavirus Aid, Relief and Economic Security(CARES)Act including Coronavirus Relief Funds (CRF)allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. He noted the funds are the second half of the original allocation received by the County and said the funds must be spent by December 30, 2020. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved in favor of approving the Amendment to the 2020-2021 Fiscal Year Budget, and Vice Chairman Wells seconded the motion adding his thanks to staff for their hard work responding to the pandemic. Vice Chairman Slaughter also thanked staff for their efforts. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT WHEREAS, the U.S. Congress passed and the President recently signed the Coronavirus Air,Relief, and Economic Security(CARES)Act of 2020; and WHEREAS,localities were allocated funding from the CARES Act through multiple sources,but primarily from the Coronavirus Relief Fund(CRF)allocations which the Commonwealth of Virginia allocated to localities based on population; and WHEREAS, CRF funds may be used for qualifying expenses to cover costs that 1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 Frederick County BoUrd of Supervisors Regithir Meeting Minutes *September 9, 2020 7 12 (COVID-19);2)were not accounted for in the budget most recently approved as of March 27, 2020(the date of enactment of the CARES Act) for the State or local government; and 3)were incurred during the period that begins March 1,2020, and ends on December 30,2020. WHEREAS,the County is required to provide an equitable share of the CRF funds are granted to each incorporated town within its jurisdiction(Middletown and Stephens City); and WHEREAS, agreements will be made with the two aforementioned Towns per requirements of the Commonwealth of Virginia; and WHEREAS,Pursuant to Title 15.2, Chapter 25, Section 15.2-2507 of the Code of Virginia, 1950 as amended,the appropriate advertisements and public hearings have been conducted; NOW,THEREFORE,BE IT RESOLVED,by the Board of Supervisors that the FY 2020-2021 Budget be Amended to Reflect: CARES Act Fund Supplemental Appropriation in the Amount of$7,792,215. This amount represents the second half of the Coronavirus Aid,Relief and Economic(CARES)Act Coronavirus Relief Funds(CRF) allocated by the Commonwealth of Virginia to assist with the direct impact of the COVID-19 pandemic. BE IT FURTHER RESOLVED, estimates of revenues and appropriations are approved at the fund level, and appropriations designated for this special revenue fund will not lapse at the end of the fiscal year,but shall remain appropriated until the completion of the project or until the Board of Supervisors,by appropriate resolution, changes or eliminates the appropriation. BE IT FURTHER RESOLVED, CARES Act Fund appropriation shall include funds transferred to other funds for classification purposes. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT#06-20 FOR DARIN HOCKMAN—APPROVED Mark Cheran, Zoning & Subdivision Administrator, introduced the request for a Conditional Use Permit to construct an 80-Foot Commercial Telecommunication Facility. He said the Property is located at Darkwood Trail in Shawneeland and is identified with Property Identification Number 491302-123-136 in the Back Creek Magisterial District. He said should the Board of Supervisors find the use to be appropriate, the Planning Commission recommended 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 service providers. 3. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 8 13 Supervisor Graber moved for approval of Conditional Use Permit #06-20 for Darin Hockman. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE, CONDITIONAL USE PERMIT#06-20 DARIN HOCKMAN WHEREAS,CONDITIONAL USE PERMIT APPLICATION#06-20 was submitted by Darin Hockman to construct a commercial telecommunication facility consisting of an 80-foot tower was considered;this property currently has a 50-foot small cell lattice tower. This Conditional Use Permit would enable the existing 50-foot tower to be increased 30-feet to allow for an 80-foot tower. The property is located at Darkwood Trail in Shawneeland,Winchester,Virginia and is further identified with Property Identification Number 491302-123-136 in the Back Creek Magisterial District;and WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on August 19,2020 and recommended approval 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 September 9,2020;and WHEREAS,the Frederick County Board of Supervisors fmds 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#06-20 to allow for the existing 50-foot tower to be increased by 30-feet to allow for the construction of an 80-foot commercial telecommunication facility on the parcel identified with Property Identification Number 491302-123-136 is approved with 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. The tower shall be removed by the Applicant or Property Owner within twelve(12)months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #07-20 FOR DARIN HOCKMAN—APPROVED Mark Cheran, Zoning &Subdivision Administrator, introduced the request for a Conditional Use Permit to construct a 100-Foot Commercial Telecommunication Facility. He said the Property is Located at 201 Darterjo Road, Middletown and is identified with Property Identification Number 84-A-27D in the Back Creek Magisterial District. He said should the Board of Supervisors find the use to be appropriate,the Planning Commission recommended the following conditions: Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 9 14 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. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber moved for approval of Conditional Use Permit #07-20 for Darin Hockman. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#07-20 DARIN HOCKMAN WHEREAS, CONDITIONAL USE PERMIT APPLICATION #07-20 was submitted by Darin Hockman to construct a commercial telecommunication facility consisting of a 100-foot telecommunication tower was considered.The property is located at 201 Darterjo Drive,Middletown,Virginia and is further identified with Property Identification Number 84-A-27J in the Back Creek Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on August 19,2020 and recommended approval 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 September 9,2020;and WHEREAS,the Frederick County Board of Supervisors fmds 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#07-20 for a commercial telecommunication facility consisting of a 100-foot telecommunication tower on the parcel identified with Property Identification Number 84-A-27J is approved with 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. The tower shall be removed by the Applicant or Property Owner within twelve (12)months of abandonment of operation. 4. Any expansion or modification of this use will require a new Conditional Use Permit. + + + + + + + + + + + + + + Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 10 15 CONDITIONAL USE PERMIT #09-20 FOR RICHARD AND SUSAN DAUGHERTY—APPROVED Mark Cheran, Zoning &Subdivision Administrator, introduced the request for a Conditional Use Permit to construct a 100-Foot Commercial Telecommunication Facility. He said the Property is Located at 348 Peeper Lane, Winchester, Virginia and is identified with Property Identification Number 22- A-19G in the Gainesboro Magisterial District. He said should the Board of Supervisors find the use to be appropriate, the Planning Commission recommended 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. The tower shall be removed by the Applicant or Property Owner within twelve (12) months of abandonment of operation. 4. The Applicant has secured and recorded a"tower easement" on the adjoining property identified by PIN#22-A-1 9F for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19F, the tower shall be removed within 30 days of notification by the County unless the Applicant can demonstrate through documentation by a Virginia certified engineer, that the tower would collapse in a contained area around the tower 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 per 165-204.19C(3)a. 5. Any expansion or modification of this use will require a new Conditional Use Permit. Chairman DeHaven opened the public hearing. Darla McCrary, Back Creek District, warned the Board of the concern about electromagnetic frequency and electromagnetic radiation. She said electrifying the County is jeopardizing the health of the citizens. Chairman DeHaven closed the public hearing. Supervisor McCarthy moved for approval of Conditional Use Permit #09-20 for Richard and Susan Daugherty. Supervisor Slaughter seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#09-20 RICHARD DAUGHERTY& SUSAN DAUGHERTY Frederick County Board of Supervisors Regular Meeting Minutes *September 9, 2020 11 16 WHEREAS, CONDITIONAL USE PERMIT APPLICATION #09-20 was submitted by Richard Daugherty and Susan Daugherty to construct a commercial telecommunication facility consisting of a 100- foot telecommunication tower was considered. The property is located at348 Peeper Lane, Winchester, Virginia and is further identified with Property Identification Number 22-A-19G in the Gainesboro Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on August 19,2020 and recommended approval 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 September 9,2020;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#09-20 for a commercial telecommunication facility consisting of a 100-foot telecommunication tower on the parcel identified with Property Identification Number 22-A-19G is approved with 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.The tower shall be removed by the Applicant or Property Owner within twelve(12) months of abandonment of operation. 4.The Applicant has secured and recorded a"tower easement"on the adjoining property identified by PIN#22-A-19F for the purposes of the required setback fall area for the tower. Should this tower easement be vacated on 22-A-19F,the tower shall be removed within 30 days of notification by the County unless the Applicant can demonstrate through documentation by a Virginia certified engineer,that the tower would collapse in a contained area around the tower 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 per 165-204.19C(3)a. 5. Any expansion or modification of this use will require a new Conditional Use Permit. + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #08-20 FOR SAMUEL H. SMITH JR.—POSTPONED FOR 90 DAYS Mark Cheran, Zoning &Subdivision Administrator, introduced the request for a Conditional Use Permit Submitted for Establishment of a Special Event Facility in the RA(Rural Areas) Zoning District. He said the property is located at 1147 North Pifer Road, Star Tannery, Virginia and is Identified with Property Identification Number 69-A-28 in the Back Creek Magisterial District. He reviewed the conditions recommended by the Planning Commission as well as the new entrance that is under construction by the applicant. He said should the Board of Supervisors find the use to be appropriate, the Planning Commission recommended the following conditions: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the special events facility. Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 12 17 3. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by 11:00 p.m. 4. Special event may accommodate up to and not to exceed 250 persons. 5. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 6. Any expansion or modification of this use will require the approval of a new CUP. Abigail Linaburg, representing the applicant, noted the adjustment of closing hours from 11:00 p.m. to 10:00 p.m. Supervisor Graber and Ms. Linaburg discussed the hours of operation and the new entrance which Ms. Linaburg said should be completed in two weeks. Supervisor Dunn and Ms. Linaburg discussed the applicant's intention to farm and the ability to earn an agricultural living from the property without operating an event center. Chairman DeHaven opened the public hearing. Bonita Brill, Back Creek District, said she lives adjacent to the property and asked the Board to delay making a decision on the conditional use permit until the neighbors can observe the event center's operation under its 12-month festival permit. Louise Garrett, Back Creek District, said she lives adjacent to the property and discussed the entrance not being complete, noise issues, and traffic. She asked the Board to delay voting for 90 days. Nicole Sweeney, Back Creek District, asked the Board to delay voting on the conditional use permit and cited noise from the property during the previous weekend's event. Scott McCarthy, Back Creek District, said time is needed for the residents to learn more about the event center's operation. Chairman DeHaven closed the public hearing. Supervisor Graber moved for postponement of 90 days for consideration of Conditional Use Permit #08-20 for Samuel H. Smith Jr. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Frederick County Board of Supervisors Regular Meeting Minutes *September 9, 2020 13 18 + + + + + + + + + + + + + + 2020-2025 AGRICULTURAL AND FORESTAL DISTRICT UPDATE—APPROVED Mark Cheran, Zoning &Subdivision Administrator, said this is a public hearing for the five- year 2020-2025 update for the County's Agricultural and Forestal Districts as well as the proposed creation of two new districts. He said Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed and by the local government every five years after establishment and requires review and approval of proposed new districts. Mr. Cheran reviewed the proposed renewals and new districts. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Vice Chairman Wells moved to adopt the resolutions designating the renewals of the existing Agricultural and Forestal Districts. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye 2020-2025 RENEWAL OF THE ALBIN AGRICULTURAL 8t.FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add, renew, or remove properties from its Agricultural&Forestal Districts, and to renew the District. Therefore, the 2020-2025 renewal of the Albin Agricultural & Forestal District was updated and considered. The renewed District will contain 1,014.00+/-acres. The properties are located across North Frederick Pike (Route 522) to the north, Route 37 to the east, and Poorhouse Road (Route 664) to the west, and are identified by Property Identification Numbers 41-A-170, 42-A-61, 42-A-62, 42-A-180, 42-A-190, 42-A-191, 42-A-192, 42-A- 193,52-A-48,52-A-49,53-A-1, 53-A-2, 53-A-3, 53-A-69 in the Gainesboro Magisterial District;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on June 25, 2020 and recommended approval; and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 Albin Agricultural&Forestal District on August 5,2020; and WHEREAS, the Board of Supervisors held a public hearing on the renewal of the 2020-2025 Albin Agricultural&Forestal District on September 9,2020; and WHEREAS, the Frederick County Board of Supervisors finds the renewal of the 2020-2025 Albin Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 14 19 land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 Albin Agricultural &Forestal District containing 1,014.00+/-acres in the Gainesboro Magisterial District,with an expiration date of September 9,2025. The Agricultural&Forestal District is as described on the attached map and the attached property owners table. 2020-2025 RENEWAL OF THE APPLE PIE RIDGE AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts, and to renew the District. Therefore,the 2020-2025 renewal of the Apple Pie Ridge Agricultural&Forestal District was updated and considered.The renewed District will contain 889.00+/-acres.The properties are located across Payne Road(Route 663)to the north, Welltown Road(Route 661)to the east,Apple Ridge Road(Route 739)to the west,and Glendobbin Road (Route 673)to the south,and are identified by Property Identification Numbers 31-A-170,31-A-171, 31- A-180,42-A-356,42-A-357,43-A-4,43-A-1 1, - A-180,42-A-356,42-A-357,43-A-4,43-A-11,43-A-12,43-A-13,43-A-14,43-A-69,43-A-70,43-A-10A, 43-A-Al,43-1-A2,43-1-131,43-11-4-1,43-11-4-2,43-11-4-3,43-11-4-4,43-11-4-5,43-11-4-6,43-12-3- 7,43-12-3-8,43-12-3-9,43-12-3-10,43-12-3-11,43-12-3-12,43-12-3-13,43-12-3-14,43-12-3-15,43-12- 3-16,43-12-3-17,43-12-3-18 in the Stonewall Magisterial Districts.This application was reviewed by the Agricultural District Advisory Committee(ADAC), and the Planning Commission during their regularly scheduled meetings;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on June 25,200 and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the2020-2025 Apple Pie Ridge Agricultural&Forestal District on August 5,2020;and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2020-2025 Apple Pie Ridge Agricultural&Forestal District on September 9,2020;and WHEREAS, the Frederick County Board of Supervisors finds the renewal of the 2020-2025 Apple Pie Ridge Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 Apple Pie Ridge Agricultural&Forestal District of 889.00+/-acres in the Stonewall Magisterial District,with an expiration date of September 9,2025. The Agricultural&Forestal District is as described on the attached map dated June 16,2020 and the attached property owners table. 2020-2025 RENEWAL OF THE DOUBLE CHURCH AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District. Therefore,the 2020-2025 renewal of the Double Church Agricultural&Forestal District was updated and considered. The renewed District will contain 954.9+/-acres. This District is located in the Opequon Magisterial District and are identified by Property Identification Numbers 86-A-245, 86-A-71, 86-A-38, 86-A-35, 86-A-230, 86-A- 231,86-A-27,85-A-125, 85-A-130,85-A-131,85-A-132,85-A-139A, 85-A-139, 86-A-71B, 85-A-131A, 86-A-25,86-A-25A,86-A-33,86-A-35A,86-A-70,86-A-72B,86-A-230A,86-A-230D and 86-A-42 in the Opequon Magisterial District;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 15 20 meeting on June 25,2020,and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 Double Church Agricultural&Forestal District on August 5,2020;and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2020-2025 Double Church Agricultural&Forestal District on September 9,2020;and WHEREAS, the Frederick County Board of Supervisors finds the renewal of this 2020-2025 Double Church Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 Double Church Agricultural & Forestal District containing 954.9+/-acres in the Opequon Magisterial District, with an expiration date of September 9,2025. The Agricultural&Forestal District is as described on the attached map and the attached property owners table. 2020-2025 RENEWAL OF THE GREEN SPRING AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District. Therefore,the 2020-2025 renewal of the Green Spring Agricultural &Forestal District was updated and considered. The renewed District will contain 385.63+/-acres. The properties are located along Glaize Orchard Road(Route 682) to the south and Green Spring Road (Route 671)to the east and are identified by Property Identification Numbers 21-A-25 and 21-A-36 in the Gainesboro Magisterial District;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on June 25,2020 and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 Green Spring Agricultural&Forestal District on August 5,2020;and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2020-2025 Green Spring Agricultural&Forestal District on September 9,2020;and WHEREAS,the Frederick County Board of Supervisors finds the renewal of the 2020-2025 Green Spring Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews 2020-2025 Green Spring Agricultural&Forestal District containing 385.63+/-acres in the Gainesboro Magisterial District,with an expiration date of September 9,2025. The Agricultural&Forestal District is as described on the attached map dated June 16,2020 and the attached property owners table. 2020-2025 RENEWAL OF THE RED BUD AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate,add,renew,or remove properties from its Agricultural&Forestal Districts,and to renew the District. Therefore,the 2020-2025 renewal of the Red Bud Agricultural&Forestal District was updated and considered.The renewed District will contain 1,147.2+/-acres. The properties are located along Red Bud Road and are identified by Property Identification Numbers 43-A-154,43-A-155,43-A-159, 43-A-159A,44-A-28A,44-A-28C, 44-A-28D,44-A-28G,44D-2-6,54-A-1,54-A-113,54-A-1C, 54-A-86,54-A-87,54-A-88,54-A-89C,54- A-90,54-A-99F,54-A-99P,54-A-99Q,54-A-99R,54-A-99S,55-A-3,55-A-4,55-A-5,55-A-5A,55-A- 513,55-A-5C,55-A-51),55-A-6,55-A-7,55-A-7A,55-A-713,55-A-7C,55-A-71),55-A-7E,55-A-8,55- Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 16 21 A-12,55-A-12A,55-A-18,55-A-19,55-A-20,55-A-21,55-A-109B,55-A-115,55-A-117,55-A-138,55- A-139,55-A-129A,55-A-151,55-A-151A,55-A-152,55-A-177,55-A-178,55-A-178A,55-A-179,55- A-181A,55-A-181B,and 56-A-18A in the Stonewall Magisterial District. WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this district renewal at their meeting on June 25,2020 and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 Red Bud Ridge Agricultural&Forestal District on August 5,2020;and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2020-2025 Red Bud Agricultural&Forestal District on September 9,2020;and WHEREAS,the Frederick County Board of Supervisors finds the renewal of the 2020-2025 Red Bud Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 Red Bud Agricultural&Forestal District containing 1,147.02+/-acres in the Stonewall Magisterial District,with an expiration date of September 9,2025. The Agricultural&Forestal District is as described on the attached map and the attached property owner table. 2020-2025 RENEWAL OF THE SOUTH FREDERICK AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add, renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District. Therefore,the 2020-2025 renewal of the South Frederick Agricultural & Forestal District was updated and considered. The renewed district will contain 6,694.42+/- acres. This District is generally located along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road (Route 631) and Hites Road(Route 625)and are identified by Property Identification Numbers 52-A-300,60-A-73,60- A-7313,60-A-75,60-A-89,61-A-7,61-A-8,61-A-8A,61-A-9,61-A-10,61-A-13, 61-A-15,61-A-17, 61-A-21,61-A-22,61-A-23,61-A-24,61-A-23A,61-A-25,61-A-26,61-A-27,61-A-29,61-A-30,61- A-31, 61-A-37, 61-A-40, 61-A-41, 61-A-42, 61-A-43A, 61-A-43B, 61-A-43C, 61-A-43D61-A-43E, 61-A-44, 61-A-45,61-A-96, 61-A-96D,61-A-106,61-A-107,61-A-116,61-A-117,61-A-118, 61-A- 119,61-A-120,61-A-126, 61-A-126A, 61-A-127,61-A-127A, 61-A-12, 8 61-A-129, 61-A-130,61- A-131, 62-A-21, 62-A-26, 62-A-27, 62-A-28, 62-A-34, 62-12-5-49, 62-12-5-50, 62-12-5-51, 62-12- 5-52 62-12-5-53, 62-12-5-54, 62-12-5-66, 62E-1-3-14, 62E-1-6-25, 62E-1-6-26, 62E-1-6-27, 72-A- 29L, 72-A-3, 72-A-29D, 72-A-44, 72-A-46, 72-A-45, 72-A-53, 72-A-54, 72-A-58, 72-A-59, 72-A- 82, 73-A-4, 73-A-4A, 73-A-9, 73-A-10, 73-A-1 0A, 73-A-13, 73-A-16, 73-A-17, 73-A-24, 73-A-28, 73-A-29, 73-A-30, 73-A-30B, 73-A-30E, 73-A-30H, 73-A-30I, 73-A-300, 73-A-31, 73-A-34, 73-A- 38, 73-A-39, 73-A-63, 73-A-64A 73-A-66, 73-A-67, 73-A-88, 73-A-90B, 73-A-94, 73-A-100, 73-A- 103, 73-A-103A, 73-A-104, 73-12-11, 73-12-23, 73-14-1-6, 73-14-1-7, 74-A-12, 74-A-14, 74-A-15, 74-A-15A, 74-A-15B, 74-A-18, 74-A-18A, 74-A-18B, 74-A-36C, 83-A-81A,83-A-87,83-A-100, 84- A-2, 84-A-6, 84-A-6D, 84-A-40, 84-A-40A, 84-A-41, 84-A-42A, 84-A-44, 84-A-49E, 84-A-53, and 85-A-1 in the Back Creek Magisterial District. WHEREAS, The Agricultural District Advisory Committee (ADAC) discussed this District renewal at their meeting on June 25,2020 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 South Frederick Agricultural&Forestal District on August 5,2020; and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2020-2025 South Frederick Agricultural&Forestal District on September 9,2020; and WHEREAS, the Frederick County Board of Supervisors finds the renewal of the 2020-2025 South Frederick Agricultural & Forestal District contributes to the conservation and preservation of Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 17 22 agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 South Frederick Agricultural&Forestal District containing 6,694.42+/-acres in the Back Creek Magisterial District with an expiration date of September 9, 2025. The Agricultural & Forestal District is as described on the attached map and the attached property owner table. 2020-2025 RENEWAL OF THE SOUTH TIMBER RIDGE AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District. Therefore,the 2020-2025 renewal of the South Timber Ridge Agricultural & Forestal District was updated and considered. The renewed District will contain 981.08+/-acres. The properties are located along Hollow Road(Route 707) to the north,Muse Road(Route 610)and Gold Orchard Road(Route 708)to the east and are identified by Property Identification Numbers 26-A-42,26-A-43,26-A-43A,26-A-45,26-A-46,26-A-49,26-A-61,26- A-61A, 26-A-62, 26-A-63, 26-A-64, 26-A-65, 37-A-1, 37-A-IA, 37-A-72, 37-A-73 and 37-A-74 in the Gainesboro Magisterial District. WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this district renewal at their meeting on June 25,2020 and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 South Timber Ridge Agricultural&Forestal District on August 5,2020;and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2020-2025 South Timber Ridge Agricultural&Forestal District on September 9,2020;and WHEREAS,the Frederick County Board of Supervisors finds the renewal of the 2020-2025 South Timber Ridge Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 South Timber Ridge Agricultural&Forestal District containing 981.08+/-acres in the Gainesboro Magisterial District,with an expiration date of September 9,2025. The Agricultural&Forestal District is as described on the attached map dated June 16,2020 and the attached property owners table dated June 16,2020. + + + + + + + + + + + + + + Supervisor Graber moved to adopt the resolutions establishing the Back Mountain and Reliance Agricultural and Forestal Districts. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ESTABLISHMENT OF THE BACK MOUNTAIN AGRICULTURAL&FORESTAL DISTRICT WHEREAS, Frederick County received a request to create and establish a new Agricultural and Forestal Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 18 23 District to be named the Back Mountain Agricultural&Forestal District that would consist of 489.91 acres, was considered. The property fronts Back Mountain Road (Route 600) and borders the Mountain Falls Subdivision to the west and is identified by Property Identification Number 58-A-32D in the Back Creek Magisterial District;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this request at their meeting on June 25,2020 and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the creation and establishment of the new Back Mountain Agricultural&Forestal District on August 5,2020;and WHEREAS,the Board of Supervisors held a public hearing for the creation and establishment of the new Back Mountain Agricultural&Forestal District on September 9,2020;and WHEREAS,the Frederick County Board of Supervisors fmds the creation and establishment of this new Back Mountain Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby creates and establishes the Back Creek Agricultural& Forestal District consisting of 489.91+/-acres in the Back Creek Magisterial District,with an expiration and renewal date of September 9,2025. This Agricultural&Forestal District is as described on the attached map. ESTABLISHMENT OF THE RELIANCE AGRICULTURAL&FORESTAL DISTRICT WHEREAS,Frederick County received a request to create and establish a new Agricultural and Forestal District to be named the Reliance Agricultural&Forestal District that would consist of 203+/-acres,was considered. The property fronts Huttle Road(Route 636)and Headley and is identified by Property Identification Number 92-A-17, 92-A-18,92-A-19,92-A-25, and 92-A-27 in the Opequon Magisterial District;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this request at their meeting on June 25,2020 and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the creation and establishment of the new Reliance Agricultural&Forestal District on August 5,2020;and WHEREAS,the Board of Supervisors held a public hearing for the creation and establishment of the new Reliance Agricultural&Forestal District on September 9,2020;and WHEREAS,the Frederick County Board of Supervisors finds the creation and establishment of this new Reliance Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby creates and establishes the Reliance Agricultural& Forestal District consisting of 489.91+/-acres in the Back Creek Magisterial District,with an expiration and renewal date of September 9,2025. This Agricultural&Forestal District is as described on the attached map. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Frederick County Board of Supervisors Regular Meeting Minutes *September 9,2020 19 24 Mike Weber, Stonewall District, spoke about the light pollution from an adjoining property that is causing his horticulture business to suffer by interfering with the growth of poinsettias and chrysanthemums. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted his appreciation for Mr. Weber's business and offered to speak further with him regarding the lighting issues. Supervisor Graber agreed with the comments from Mr. Dunn about Weber's Nursery. He thanked Mr. Cheran for his recent efforts in the Back Creek District. He discussed his earlier request for information about savings during the pandemic shutdown being used for school building maintenance saying he has not received any further information from the School Board on this topic. Supervisor Graber congratulated Steve Majchzrak on his appointment as incoming Fire Chief. He reviewed issues of his concern in the Fire and Rescue Department saying he hopes integrity will be restored in the Department. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Dunn, the meeting was adjourned at 8:30 p.m. Frederick County Board of Supervisors Regular Meeting Minutes *September 9, 2020 20 25 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 23, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Code and Ordinance Committee Report of September 14, 2020 Attachments: BOS09-23-2020CodeAndOrdinanceCommitteeReport14September2020.pdf 26 CODE&ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday,September 14,2020 4:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present: J.Douglas McCarthy,Chair;Blaine P.Dunn; Stephen Butler,and James Drown Committee Members Absent: Derek Aston Staff Present:Roderick B.Williams,County Attorney;Jay E.Tibbs,Deputy County Administrator ITEMS FOR BOARD OF SUPERVISORS ACTION: 1. Proposed Revision to Frederick County Code,Chapter 158(Vehicles and Traffic),to add new Section 155-18.1,to designate the roads and streets within the Lake Frederick(Shenandoah)Subdivision as highways for law enforcement purposes. Mr.Williams reviewed the proposed revision,which came as a request from the Lake Frederick Homeowners Association. The proposed ordinance would designate the private roads and streets in the Lake Frederick(Shenandoah)Subdivision as highways for law enforcement purposes,consistent with the authorization under Virginia Code§46.2-1307. The language is similar to that currently in the county code relative to Shawneeland,Wilde Acres,and Lake Holiday subdivisions. The proposed ordinance was considered by the Public Safety Committee and the Committee referred it to the Code&Ordinance Committee with a recommendation of approval. Upon a motion by Mr.Dunn,seconded by Mr.Butler,the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. 2. Proposed revision to Frederick County Code,Chapter 86(Festivals). Mr.Williams reviewed the proposed revision to Chapter 86 Festivals. He noted staff had worked over the past several months in an effort to have the ordinance best meet the objective of effectively regulating large outdoor gatherings and,at the same time,best relate to corresponding provisions of the Zoning Ordinance. He noted the key changes which included a revised definition,permit would accommodate one-time events,and the revision would shift administration of the ordinance from County Administration to the Planning Department. The Committee discussed the revised definition and what types of events/organizations might need a permit under the revised ordinance. They also discussed the current Zoning Ordinance and what protections currently exist that might address many of the issues that could arise if the existing festival permit ordinance were to be repealed. Upon a motion by Mr.Drown,seconded by Mr.Butler,the Code and Ordinance Committee forwarded to the Board of Supervisors for public hearing a recommendation of repeal of Chapter 86(Festivals). The motion was unanimously approved ITEMS FOR BOARD OF SUPERVISORS INFORMATION: Mr.Dunn asked for the committee's consideration of a"bubble"ordinance to protect police and political candidates from individuals getting extremely close to their person or face and shouting obscenities. The Committee felt this was more of a state law issue and they were not sure the County could pass its own ordinance. There being no further business,the meeting was adjourned at 4:50 p.m. 27 COUNTY OF FREDERICK Roderick B.Williams County Attorney ■ 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code& Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: September 8, 2020 RE: Committee Meeting— September 14, 2020 Please be advised that the Code& Ordinance Committee will meet on Monday, September 14,2020, at 4:00 p.m.,in the First Floor Conference Room of the County Administration Building, 107 North Kent Street,Winchester,Virginia. The proposed agenda for the meeting is as follows: 1. Adoption of agenda. 2. Proposed revision to County Code Chapter 158 (Vehicles and Traffic), to add a new Section 155-18.1,to designate the roads and streets within the Lake Frederick (Shenandoah) Subdivision as highways for law enforcement purposes. Explanatory materials re this item and a draft of the revision, addressed to Public Safety Committee, are attached as Attachment 1. The Public Safety Committee, at its meeting on August 20, 2020, recommended forwarding the item to this Committee. A recommendation to the Board of Supervisors on the proposed revised ordinance is respectfully requested. 3. Proposed revision to County Code Chapter 86 (Festivals). Explanatory materials re this item and a draft of the revision are attached as Attachment 2. A recommendation to the Board of Supervisors on the proposed revised ordinance is respectfully requested. 4. Any other business. 5. Adjournment. Attachments 107 North Kent Street • Winchester, Virginia 22601 28 Code & Ordinance Committee Agenda 9-14-20 - Attachment 1 COUNTY OF FREDERICK f Roderick B. Williams County Attorney 540/722-8383 (;Ily` Fax 540/667-0370 E-mail: rwillia@fcva.us MEMORANDUM TO: Public Safety Committee FROM: Roderick B. Williams County Attorney DATE: February 22, 2020 RE: Lake Frederick(Shenandoah) Subdivision—Designation of private roads and streets as highways for law enforcement purposes The County has received a request for the private roads and streets in the Lake Frederick (Shenandoah) Subdivision to be designated as highways for law enforcement purposes. The significance of this designation, if approved, is that, at present, because the roads are private, law enforcement officers do not have authority to issue summonses for routine traffic offenses (such as for speeding, stop signs, and the like) on those roads.' Virginia Code § 46.2-1307 (copy attached) provides, however, that a locality may designate the private roads within any residential development containing 100 or more lots or residential dwelling units, as highways for law enforcement purposes. The Lake Frederick(Shenandoah) Subdivision contains 100 or more residential dwelling units. Attached is a proposed ordinance that would designate the private roads and streets in the Lake Frederick(Shenandoah) Subdivision as highways for law enforcement purposes, consistent with the authorization under Virginia Code § 46.2-1307. The language in proposed County Code § 155-18.1 is identical to that in County Code §§ 158-16 and 158-18, relative to the Shawneeland and Lake Holiday Subdivisions, respectively. Committee action on the proposed ordinance is requested. If the Committee is favorably disposed to the proposed ordinance, referral to the Code & Ordinance Committee would be appropriate. Attachments ' Serious traffic offenses, such as reckless driving and driving under the influence,are misdemeanors under Virginia law and,as a result,these offenses may be prosecuted irrespective of whether the conduct takes place on public roads or on private property. As long as an individual is in the act of operating a motor vehicle and his conduct otherwise meets the elements of the offense,the offense may be charged. 107 North Kent Street - Winchester, Virginia 22601 29 Code of Virginia Title 46.2. Motor Vehicles Chapter 13. Powers of Local Governments § 46.2-1307. Designation of private roads as highways for law- enforcement purposes The governing body of any county, city, or town may adopt ordinances designating the private roads, within any residential development containing 100 or more lots or residential dwelling units, as highways for law-enforcement purposes. Such ordinance may also provide for certification of road signs and speed limits by private licensed professional engineers using criteria developed by the Commissioner of Highways, and, for law-enforcement purposes, such certification shall have the same effect as if certified by the Commissioner of Highways. 1979, c. 100, § 46.1-181.5; 1987, c. 152; 1989, c. 727; 2007, cc. 74, 187, 310. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 2/22/2020 30 .f I ! I ' \pfif.li, 173 ORDINANCE _, 2020 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 158-18.1 of Article IV (Law Enforcement of Private Roads and Streets) of Chapter 158 (Vehicles and Traffic) of the Code of Frederick County, Virginia be, and the same hereby is, enacted, to read as follows and to take effect immediately: CHAPTER 158 VEHICLES AND TRAFFIC Article IV Law Enforcement of Private Roads and Streets §158-18.1 General restrictions A. The private roads and streets in the subdivision known as "Lake Frederick", also known as "Shenandoah", shall be designated as highways for law enforcement purposes only. B. Certification of road signs and speed limits by private licensed professional engineers using criteria developed by the Commonwealth Transportation Commissioner shall be permitted, and, for law enforcement purposes, such certification shall have the same effect as if certified by the Commonwealth Transportation Commissioner. Enacted this day of 2020. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 31 Code & Ordinance Committee Agenda 9-14-20 - Attachment 2 COUNTY OF FREDERICK f Roderick B. Williams County Attorney 540/722-8383 (;Ily` Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: August 18, 2020 RE: County Code, Chapter 86 —Festivals/Commercial Outdoor Events County Administration, Planning staff, and I have worked over the past several months on revisions to the County's current festival ordinance, Chapter 86 of the County Code, in an effort to have the ordinance best meet the objective of effectively regulating large outdoor gatherings and, at the same time, best relate to corresponding provisions of the Zoning Ordinance. Attached is a proposed revised ordinance that we have developed, for the Committee's consideration. A key change in the proposed revised ordinance is a change in the definition of the type of events that the ordinance would cover. At present, the ordinance applies to any "musical or entertainment festival or festival": Any gathering of more than 100 individuals or of a commercial nature, if either is for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted outdoors, not within an enclosed structure. Such activities shall be deemed commercial when a business license is obtained or is required to be obtained, or, if a business license is not required, when a charge is imposed for admission to or in connection with the activity. As proposed, the ordinance would apply to any "commercial outdoor event": An activity, at a specific outdoor location, which is open to the public, where admission is charged or where donations are accepted, and which event will have more than 100 persons in attendance at any given time. 107 North Kent Street - Winchester, Virginia 22601 32 The new definition attempts to simplify ascertainment of what constitutes a covered event. Along these lines, the proposal revised ordinance changes the term, and the title of the Chapter, from "Festivals" to the more generic "Commercial Outdoor Events". The new definition also removes the requirement that the event be"entertainment" and that the same "consists primarily of musical renditions". Many of the health and safety concerns related to gatherings are present irrespective of whether the music is a primary focus of the event. In addition, the definition moves away from reliance on business license references and instead simply covers events if admission is charged or donations are accepted. The proposed revised ordinance also makes clear that the intent of permits under the ordinance is to accommodate one-time events. Recurring events likely require a conditional use permit under the zoning ordinance (or perhaps even a rezoning) and the proposed revised ordinance recognizes that. Finally, the proposed revised ordinance would shift administration of the ordinance from the County Administrator's Office to the Planning Department. This is in light of the fact that much of the analysis related to the appropriateness of a permit under the ordinance entails the same considerations as are relevant to land use matters (such as rezonings and conditional use permits). The Planning Department, of course, is best equipped to provide that analysis. Also attached for reference are a proposed permit application form and a copy of the current ordinance. A recommendation to the Board of Supervisors on the proposed revised ordinance is respectfully requested. Attachments: Proposed revised ordinance Proposed permit application form Current ordinance 33 .f I ! I ' \pfif.li, 173 ORDINANCE __' 2020 The Board of Supervisors of Frederick County, Virginia hereby ordains that Chapter 86 (Festivals) of the Code of Frederick County, Virginia be, and the same hereby is, amended in its entirety, to read as follows and to take effect immediately: CHAPTER 86 COMMERCIAL OUTDOOR EVENTS § 86-1 Purpose. This chapter is enacted pursuant to § 15.2-1200 of the Code of Virginia, in the interests of the public health, safety and welfare of the citizens and inhabitants of the County, for the purpose of providing necessary regulation for the conducting of commercial outdoor events, as defined in this Chapter. This chapter is intended to accommodate one-time events and shall not replace the requirements of Chapter 165, Zoning, regarding uses that are permitted with a conditional use permit. § 86-2 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: BOARD — The Board of Supervisors of the County of Frederick, Virginia. COUNTY— The County of Frederick, in the State of Virginia. COMMERCIAL OUTDOOR EVENT—An activity, at a specific outdoor location, which is open to the public, where admission is charged or where donations are accepted, and which event will have more than 100 persons in attendance at any given time. § 86-3 Permit required; exemptions; application; issuance or denial; fee. A. No person, group, firm, corporation, partnership, or entity shall host, stage, promote or conduct any commercial outdoor event in the unincorporated areas of the County without first obtaining a permit from the County. For the purposes of this chapter, the following are not considered commercial outdoor events and are exempt from the permit requirements: 34 1. Activities or events held outdoors that are agritourism related as defined by the Code of Virginia. 2. Activities or events held at the Frederick County Fairground. 3. Activities or events that are held and/or sponsored by Frederick County Parks and Recreation or Frederick County Public Schools. 4. Drive-in motion picture theaters, if permitted on the property according to the allowed uses for the particular zoning district or as an allowed preexisting use under Section 165-901.01 of the Zoning Ordinance. B. The submittal, review, approval and/or denial of any permit shall be subject to the following: 1. Permits for commercial outdoor events are subject to approval by the Board of Supervisors, pursuant to § 15.2-1427 of the Code of Virginia, 1950, as amended. 2. An application for such permit shall be filed with the Department of Planning and Development at least 30 days before the date of such event. Such application shall include all information specified in the application before it will be scheduled for consideration. 3. In granting a permit, the Board of Supervisors may impose restrictions, including but not limited to restrictions on number of attendees at the festival/event, days and dates of the event, and times of event, as deemed appropriate. 4. If granted, the permit shall be issued in writing and mailed by the Department of Planning and Development to the applicant at the address indicated in the application. If denied, the refusal shall be in writing, and the reasons for such denial stated therein, and mailed by the Department of Planning and Development to the applicant at the address indicated. § 86-4 Limit on music and entertainment. A. No outdoor music shall be permitted after 10:00 pm Sunday through Thursday, after 11:00 pm Friday and Saturday, nor before 9:00 am on any day. B. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 60 decibels at any property line where the adjacent use is residential or 75 decibels at any other property line of the property on which the commercial outdoor event is located. § 86-5 Access, enforcement, and revocation. A. The applicant and/or property owner shall authorize the County and its lawful agents, employees, designees or law enforcement officers to enter the property 2 35 upon which the event will be held at any time prior to or during event for the purpose of determining compliance with all applicable regulations. B. The Building Official, and/or his agents, shall inspect for approval all temporary structures, tents, seating and stage facilities erected on an event site and all electrical and lighting installations, power sources, and electrical wiring at such site. C. The County shall have the right to revoke any permit issued under this chapter upon noncompliance with any of its provisions and conditions. If revoked, the event must be cancelled, and all activities must be terminated immediately. D. In addition to any penalties imposed on the violation of any provision of this chapter, the County may bring suit in the Circuit Court of the County to restrain, enjoin or otherwise prevent violation of this chapter. § 86-6 Fees. Any person seeking to apply for a commercial outdoor event permit shall submit a fee in the amount of $ , made payable to the Treasurer of Frederick County. § 86-7 Violations and penalties. Any person, group, firm, corporation, partnership or entity who violates any of the provisions of this chapter shall, upon conviction, be subject to punishment by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment. Enacted this day of 2020. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 3 36 1G� ` CSU County of Frederick County Department of Planning and Development W 107 N. Kent Street, Winchester VA 22601 W ® (540) 665-5651 https://www.fcva.us/departments/planning-development APPLICATION PACKAGE FOR A COMMERCIAL OUTDOOR EVENT When do you need a Commercial Outdoor Event Permit? Submission and approval of an application fora commercial outdoorevent is required foranyone- time commercial activity, at a specific outdoor location, which is open to the public, where admission is charged or where donations are accepted, and which event will have more than 100 persons in attendance at any given time. When do I need to apply? Applications must be submitted at least four(4) weeks prior to the event start date. Applications for commercial outdoor events are subject to approval by the Board of Supervisors and must have a public hearing. Once the Department of Planning and Development has received a completed application package the event will be scheduled for review by the Board at their next scheduled meeting. What do I need to submit? The applicant must submit a completed application (see pages 2-3 of this package) and must provide all information specified in the Application Submission Checklist (see pages 4-5 of this package). An event application will not be scheduled for review bythe Board of Supervisors until it is complete. Information Applicants Should Be Aware Of: o Events should not be promoted or set up prior to approval and issuance of the permit. o Separate permits may be required by other agencies such as the Virginia Department of Health (VDH) pertainingto food services orthe Frederick County Inspections Department of tent or stage permits. Approval of an event applicant does not exempt you from obtaining other applicable permits. Please call VDH at (540) 722-3480 and Inspections at(540) 665- 5650 for further information. o Business licenses and vendor permits may be required by the Frederick County Commissioner of the Revenue. Please contact this office at (540) 665-5681 prior to commencing any approved event. Please contact the Department of Planning and Development should you have questions regarding the application process at(540) 665-5651. COMMERCIAL OUTDOOR EVENT APPLICATION 37 Please complete the following application and return to the Department of Planning and Development. All information specified under the application checklist must be provided for this submission to be deemed complete and acceptable. 1. Applicant Information (promoter/financial backer of the event): Applicant Name: Specific Contact Person if Other than Above: Mailing Address: Telephone: Email: 2. Event Information: Event Name and Type of Event: Address and Location- Provide where the property is located at(give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Property Identification Number(s): Magisterial District(s): Size of the Property(acreage): Current Use of Property: Event Dates and Times: Expected Number of Attendees: Maximum Number of Attendees that will be Allowed: Written Narrative: Please attach a separate document that provides a written narrative with an overview of the requested commercial outdoor event (please see the application checklist for required information). 2 38 Applicant Signature Required: I (we), the undersigned, do hereby respectfully make application to the Frederick County Board of Supervisors to approve the requested Commercial Outdoor Event Permit. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. As the owner and/or acting legal representative forthe owner, I understand that I shall be responsible and made liable if the regulations of Chapter 86 of the Code of Frederick County are violated or if any requirements specified in this application and checklist are not adhered to. Property Owner Signature: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: State of Virginia, City/County of ,To-wit: 1, a Notary Public in and for the jurisdiction aforesaid,certify that the person(s)who signed tothe foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of , 200 My Commission Expires: Notary Public If additional signature lines are necessary, such as if more than two persons are owners,please use additional copies of this page. 3 39 COMMERCIAL OUTDOOR EVENT-APPLICATION SUBMISSION CHECKLIST *Please note that all sections mut be completed and provided prior to your permit being scheduled for review by the Board of Supervisors. Completed Application Form—See Pages 2-3 Application Fee- payable to the Treasurer of Frederick County. Written Narrative ofthe proposed event. The written narrative is a description ofthe proposed event. The applicant must outline the following: • Overview and description of the event • Information about hours and dates of the activity • Estimate of the number of persons expected to be in attendance for each day • Temporary structures (such as stage, platform, tent, ramp) planned for the event. Please note that building permits may be required for these structures • Confirmation from the Frederick County Commissioner of Revenue regarding any required business licenses • Names of all persons or groups who will perform at the event—indicate ifthere will be amplified music • Indicate if any overnight camping is planned for the event Restroom Facilities and Garbage/Trash Collection - This plan must meet the requirements of all state and local statutes,ordinances and regulations,and must be approved by the Virginia Department of Health (Lord Fairfax Health District). If portable restrooms are to be used, an executed contract from a company providing this service must be provided. Event Access. A statement signed by the applicant and property owner which authorizes the County and its lawful agents, employees, designees or law enforcement officers to enterthe property upon which the event will be held at any time priorto or duringthe event forthe purpose of determining compliance with all applicable regulations. Emergency Services. A plan for adequate emergency medical service for persons at the event must be approved by the Fire Marshal and the local fire and rescue company. Fire Protection. A plan for adequate fire protection for the event must be approved by the Fire Marshal and the local fire and rescue company. On-site Food Preparation and/or Service. A be approved by the Virginia Department of Health (Lord Fairfax Health District). Permit for Alcoholic Beverages. Provide a copy of the approved Virginia Alcoholic 4 40 Beverage Control permit if alcoholic beverages will be served. Traffic and Parking. Provide a plan that identifies adequate parking areas/facilities and a plan fortraffic control atthe event entrance. If access control is proposed to be provided by the Sheriff's Department, provide an agreement to this effect. Event Lighting. If temporary outdoor lighting is proposed for the event, a detail of the proposed light as well as a diagram that shows the location of each light and shielding devices or other equipment to prevent unreasonable glow beyond the property must be provided. Event Music - Volume. A statement that no music shall be played, either by mechanical device or live performance, in such a mannerthat the sound emanating therefrom exceeds 60 decibels at any property line where the adjacent use is residential and 75 decibels at any property for all other uses. Event Music-Hours. No outdoor music shall be played after 10:00 pm Sunday through Thursday, after 11:00 pm Friday and Saturday, nor before 9:00 am on any day. Notarized Authorization from the property owner or agent indicating consent by the owner(s) for use of the property and related parking for the event (Please see sheet 3). 5 41 8/16/2020 Frederick County,VA Ecode360 Frederick County, VA Sunday,August 16, 2020 Chapter 86. Festivals [HISTORY: Adopted by the Board of Supervisors of the County of Frederick 9-12-1984 as Ch. 4, Art. II, of the 1984 Frederick County Code; amended in its entirety 7-28-2010. Subsequent amendments noted where applicable.] GENERAL REFERENCES Disorderly conduct— See Ch. 72. § 86-1 . Purpose. This chapter is enacted pursuant to § 15.2-1200 of the Code of Virginia, in the interests of the public health, safety and welfare of the citizens and inhabitants of the County, for the purpose of providing necessary regulation for the conducting of musical or entertainment festivals conducted outdoors not within an enclosed structure and of any gathering of groups or individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted outdoors not within an enclosed structure. § 86-2. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: BOARD The Board of Supervisors of the County. MUSICAL OR ENTERTAINMENT FESTIVAL or FESTIVAL Any gathering of more than 100 individuals or of a commercial nature, if either is for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted outdoors, not within an enclosed structure. Such activities shall be deemed commercial when a business license is obtained or is required to be obtained, or, if a business license is not required, when a charge is imposed for admission to or in connection with the activity. § 86-3. Permit required; application; issuance or denial; fee. A. No person, group, firm, corporation, partnership, or entity shall stage, promote or conduct any musical or entertainment festival in the unincorporated areas of the County unless there shall have been first obtained from the Board an outdoor festival permit for such festival. B. An application for such outdoor festival permit shall be in writing, on the form provided for said purpose, and filed in duplicate with the Clerk of the Board at least 30 days before the date of such festival. Such application shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this chapter. C. The Board shall act on such application at the next scheduled regular meeting of the Board, provided that the application has been on file with the Clerk to the Board and duly advertised for public hearing pursuant to §§ 15.2-1426 and 15.2-1427 of the Code of Virginia, 1950, as 42 https://www.ecode360.com/print/FR1364?guid=8705852&children=true 11 . 8/16/2020 Frederick County,VA Ecode360 amended. If granted, the permit shall be issued in writing, in letter or other form for said purpose, and mailed by the Clerk to the applicant at the address indicated in the application. If denied, the refusal shall be in writing, and the reasons for such denial stated therein, and mailed by the Clerk to the applicant at the address indicated. D. Twelve-month permits. (1) Eligibility. The Board may issue a twelve-month permit under this section for multiple commercial festivals at a site which is the subject of an approved site plan and has, at least once previously, been granted a permit pursuant to the provisions of this chapter and satisfactorily complied with the requirements of this chapter with respect to the festival that was the subject of that permit. (2) Application. An application for a twelve-month permit shall be considered according to the provisions of§ 86-3, except that the application need not contain the information described in § 86-5, provided the following information is submitted to the County Administrator's Office at least seven days prior to each festival or event, or as soon thereafter as such information becomes available: date and time of the festival and anticipated number of attendees. If such information is not submitted, the twelve-month permit shall be null and void as to that particular festival or event. (3) Duration. Twelve-month permits shall be issued for the period January 1 to December 31 of the same calendar year, except that, when the application is filed after January 1, the permit shall be effective from the date issued until December 31 of that same year. (4) Limitations. In granting a twelve-month permit under this subsection, the Board may limit the number of festivals that the applicant may conduct during the period covered by the twelve- month permit and the Board may also impose such other restrictions, including but not limited to restrictions on number of attendees at each festival, days and dates of festivals, and times of festivals, and deposit requirements, as the Board deems appropriate. E. Each application for an outdoor festival permit shall be subject to a fee in an amount set by the Board, payable at the time of filing with the Clerk of the Board, to cover the cost of advertising and administrative expenses in connection with the Board's review of the application. F. This section does not apply to an entertainment or music festival in a facility managed by the Frederick County Parks and Recreation Department, provided that the festival complies with all requirements of the Frederick County Parks and Recreation Department. § 86-4. Deposit required. As a condition to issuance of a permit, the Board may require the applicant to make a deposit with the County Treasurer to pay for the cost of additional County services necessary to meet the requirements of the plans submitted with the application and necessary to protect the health, safety, and welfare of the citizens of this County. Such additional County services means any additional County personnel in excess of those regularly available to the music or entertainment festival and may include, but shall not be limited to, additional law enforcement officers for crowd control, traffic control and parking; additional firefighters for fire protection during the festival; and any additional medical or sanitation officers necessary to protect the health, safety and welfare of the persons attending the festival. The actual cost of such additional services shall be paid to the County out of the deposit, and the difference, if any, shall be refunded to the applicant within 30 days after the festival. Nothing herein limits such rights as the County may otherwise have under applicable law to seek recovery of damages from the applicant or such other persons responsible for costs and/or damages incurred by the County as a result of the festival or otherwise, in amounts in excess of the deposit, and nothing herein obligates the County to provide any of the additional County services set forth herein. 43 https://www.ecode360.com/print/FR1364?guid=8705852&children=true 2 8/16/2020 Frederick County,VA Ecode360 § 86-5. Conditions to be met; required submissions. Such outdoor festival permit shall not be issued unless the following documents, information, plans, statements, and approvals are submitted to the Board with the application and the applicant agrees to comply with conditions reflecting the same: A. The location of the festival, as well as the name and address of the owner(s) of the property on which such festival is to be held. The applicant may be required to obtain and submit a statement or other documentation indicating consent by the owner(s) for use of the property and related parking for the festival. B. The name and address of the promoter(s) of the festival and the financial backer(s) of the festival. C. The names of all persons or groups who will perform at such festival. It may be necessary to supplement or update this information as performers are booked. D. A copy of the ticket or badge of admission to the festival, containing the date or dates and time or times of such festival. E. The name, date(s), and time(s) of the festival, the maximum number of tickets to be offered for sale for each day of the festival, and the best reasonable estimate by the applicant of the number of persons expected to be in attendance for each day of the festival. F. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the Virginia Department of Health (Lord Fairfax Health District). G. A plan for providing food, water and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the Virginia Department of Health (Lord Fairfax Health District). H. A plan for adequate emergency medical service for persons at the festival, designating by name the rescue squad or commercial ambulance service to be made available. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the Fire Chief of the County and the local fire and rescue company. I. A plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the County Fire Marshal and the local fire and rescue company. J. A plan for or a diagram indicating adequate parking facilities and traffic control in and around the festival area. K. A statement specifying whether any outdoor lights or lighting will be utilized and, if outdoor lights or lighting will be utilized, a plan or diagram showing the location of: (1) Such lights and their proximity relative to the property boundaries and neighboring properties; and (2) The shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. L. A statement that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at any property line of the property on which the festival is located. 44 https://www.ecode360.com/print/FR1364?guid=8705852&children=true 3, . 8/16/2020 Frederick County,VA Ecode360 M. A statement specifying whether alcoholic beverages will be served, and, if alcoholic beverages will be served, provide evidence of any applicable Virginia Alcoholic Beverage Control Board permit, which permit shall also be displayed at the festival. § 86-6. Limit on music and entertainment. A. Music shall not be rendered nor entertainment provided for more than eight hours in any twenty- four-hour period, such twenty-four-hour period to be measured from the beginning of the first performance at the festival. B. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at any property line of the property on which the festival is located. § 86-7. Age limit for admittance. No person under the age of 18 years shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. It may be necessary to post signs to this effect. § 86-8. Enforcement; revocation. A. As part of the application, the applicant shall give permission to the Board, its lawful agents, and/or duly constituted law enforcement officers to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance. B. The Chief Building Official, and/or his agents, shall inspect for approval all temporary structures, seating and stage facilities erected on a festival site and all electrical and lighting installations, power sources, and electrical wiring at such site. C. The Board shall have the right to revoke any permit issued under this chapter upon noncompliance with any of its provisions and conditions. D. In addition to any penalties imposed on the violation of any provision of this chapter, the Board may bring suit in the Circuit Court of the County to restrain, enjoin or otherwise prevent violation of this chapter. § 86-9. Violations and penalties. Any person, group, firm or corporation who violates any of the provisions of this chapter shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment. 45 https://www.ecode360.com/print/FR1364?guid=8705852&children=true 4, . 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 23, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Finance Committee Report of September 16, 2020 Attachments: BOS09-23-20FinanceCommitteeReport16September2020.pdf 46 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,September 16,2020 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors Room at 107 North Kent Street on Wednesday,September 16,2020 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven;Jeffrey Boppe;Angela Rudolph-Wiseman;and non-voting liaisons William Orndoff,Treasurer and Seth Thatcher, Commissioner of the Revenue. Committee Member Absent: Robert Wells. Staff present: Cheryl Shiffler, Finance Director; Kris Tierney,County Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams,County Attorney;Steve Hawkins,Sheriff Major; Aleck Beeman,Sheriff Captain; and Jason Robertson, Parks& Rec Director. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: ( *) Items 3 and 4 were approved under consent agenda. 1. The Sheriff requests a General Fund supplemental appropriation in the amount of$20,559.80. This amount represents the sale of surplus and will be used towards the purchase of a new cruiser($13,409.23)and a building at the impound lot($7,150.57). No local funds required. This request was tabled last month pending yearend information. See attached information, p. 3-4. The committee recommends approval. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of$45,020.68 to purchase a building for the impound lot. Of this amount$5,000 is a donation received and $40,020.68 is a carry forward of unspent insurance proceeds from damage to a tent in 2018. See attached information, p.5-7. The committee recommends approval. 3. (* )The Sheriff requests a General Fund supplemental appropriation in the amount of $2,726.26. This amount represents reimbursement from an auto claim to be used for vehicle repair. No local funds required. See attached memo, p.8- 10. 4. (`*)The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$152,890. This amount represents a carry forward of unspent funds for the 1 47 completion of construction documents for Old Charlestown Road Park. See attached memo, p. 11. NO ACTION REQUIRED: 1. The Finance Director provides information on the Sheriff's overtime. See attached, p. 12- 17. 2. The Finance Director presented FY 2020 Year End financial information and requests a public hearing for a General Fund and County Capital Fund supplemental appropriation in the amount of$9,800,000. This amount represents General Fund fund balance in excess of 20%to be transferred to the Capital Fund. See attached information, p. 18-33. The committee recommends advertising for public hearing and reached consensus to proceed cautiously on FY21 budget items that were on hold pending yearend information. INFORMATION ONLY: 1. The Finance Director provides a Fund 10 Transfer Report for August 2020. See attached, p.34. 2. The Finance Director provides financial statements ending August 31,2020. See attached, p.35-45. 3. The Finance Director provides an FY 2020 Fund Balance Report ending September 10,2020. See attached, p.46. 4. The FY20 year-end open purchase orders have been provided by the County and the Schools. See attachments, p.47-56. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Jeffrey Boppe Angela Rudolph-Wiseman By ChevyL& Sh le,� Cheryl B. Shiffler, Finance Director 2 48 �R CK COUNTY SHERIFF,s of Sheriff Lenny Millholtand ° Major Steve A.Hawkins 1080 COVERSTONE DRIVE WINCHESTER,VIRGINIA 22602 540-662-6168 FAX 540-504.6400 TO : Cheryl Shiffler Director of Finance FROM :Sheriff Lenny Millholland SUBJECT :Appropriation of Funds—Payment for Cruiser DATE :July 21,2020 Frederick County Sheriff's Office has received payment in the amount of$18,159.23 from PAYMAC Inc.for the purchase five cruisers that were out of service and a 1989 trailer that was at the impound lot unoccupied.The Amount has been posted to 3-010-015020-0007 We are requesting the amounts to be appropriated into the following line items 31020-8005-000-000-$13,409.23.This will be used to go towards a new cruiser 31020-8009-000-000-$4,750.00.Will be used to go towards a building at the impound lot. Thank you, LWM/adc C.S. -7Iao jaO a3, lS .a3 `� ,�� •a3 %IA- 49 RICK COUNTY SHERIFFS 09 � FFI c� VSriFIdpp Sheriff Lenny Millholland ° Major Steve A. Hawkins 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO Cheryl Shiffler Director of Finance FROM : Sheriff Lenny Millholland SUBJECT : Appropriation of Funds—Public Surplus DATE : August 12, 2020 Frederick County Sheriff's Office has received payment in the amount of$2,400.57 from PAYMAC Inc. for the purchase of a generator and projector. The Amount has been posted to 3- 010-015020-0007. We are requesting the amount to be appropriated into 31020-8009-000-000. Will be used to go towards a building at the impound lot. Thank you, LWM/adc c.s. 8/13/20 4 50 RICK COUNTY SHERIFFS OF � FICAyar�� } � f �F 4+ Sheriff Lenny Millholland ° Major Steve A. Hawkins 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO : Cheryl Shiffler Director of Finance FROM : Sheriff Lenny Millholland SUBJECT : Appropriation of Funds—Donation Thank you DATE : August 10, 2020 We are requesting the donation received as a thank you and was posted to 3-010-018990-0006 (I OCR)to be appropriated in budget line 4-010-031020-8900-000-000. $5,000.00—Ms Brown We have requested a carry forward in the amount of$40,020.68. We would like to add the donated amount to the carry forward amount and purchase a building to be placed at the impound lot. Thank you, LWM/adc 5 51 ,0 3654 68-2511514 03 bate CHECK uruoa Pay to the Ord f = $ JO6DeO� For �'• µ' 6 6 52 RICKcoUNTY SHERIFFS OP FIc �g c,V4ER1FF �q,1Gk CO Sheriff Lenny Millholland �F�s°4 Major Steve A. Hawkins ��RG1Y3►� 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO : Cheryl Shiffler,Director of Finance FROM : Sheriff Lenny Millholland SUBJECT : Carry Forward of Funds DATE August 4, 2020 We are requesting the following amount that was appropriated in FY20 to be carried forward to the FY21 budget year. $40,020.68 was the remainder amount in line item 31020-8900-000-000. We are requesting this amount to be carried forward to purchase a building to be placed at the impound lot. This amount was a reimbursement for a tent that was damaged in a snow storm Thank you for your consideration, LWM Funds were originally received c.s. 1/14/19 - 3-010-018990-0001. Supplemental appropriation went to fin comm 7/17/19, and BOS approved 8/14/19. 7 53 RICK COUNTY SHERIFFS p �R FFI C4&S��a�f� Sheriff Lenny Millholland ° Major Steve A. Hawkins 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540-662-6168 FAX 540-504-6400 TO : Cheryl Shiffler Director of Finance FROM Sheriff Lenny Millholland DATE : August 19, 2020 SUBJECT : Insurance Reimbursement The Frederick County Sheriff's Office has received a check from VACoRP for an auto claim dated March 3, 2020. We are requesting$2,726.26 be appropriated into the following line item. Please appropriate to line item 31020-3004-000-002 Thank you LWM/adc 3-010-018990-0001 c.s 8/19/20 8 54 VACO!j,��T August 11, 2020 Frederick County Attn:,Jennifer Place 107 North Kent Street Winchester,VA. 22601 Virginia Association of Counties Self Insurance Risk Pool Member: Frederick.County Claim Number: 0342020268439 Date of Loss: 3/3/2020 Dear Ms. Place: Enclosed please find VACORP property damage check in the amount of$2,726.26 for the repairs to the 2018 Nissan Pathfinder VIN 7509 that was damaged on 3/3!2020. This payment was based on the appraisal submitted from Sterling Collision Center for $3,226.26 less the$500.00 deductible. If you should have any questions regarding this payment, please feel free to call me at 1- 888-822-6772 ext. 174. Sincerely, Jared Mullen Claims Specialist Enclosed—Check 1819 Electric Rd.,Suite C I Roanoke,VA 240181888-822-6772( Fax 877-212-8599 1 v .vacorp.org 9 55 FORSECURITY Pun POSES,THE FACE:OF THIS!DiQCUMENT C_O, W VACORR CLA1 I�lectnc'Id Rorake (A24Q18 4'1"i , 1tOIDAFiR�ltra�#�5;; r, a3 540= 717.7 345$v�00 w PAY T: ►s� o4.usand Sevennred T+�re Ix and 2S/1Qi Rvllas'*"**'*"`•*** NE OF'. FREDERICK COUNTY .. .- • ..�o SEcnrry PEATUREB INcLuaED.DETAIL%.oNBACK u "?: 4 a, - ��x k -s-br, h.• .j Sa ,�V�..�YY.y k. r REMITTANCE STATEMENT-PLEASE DETACH BEFORE DEPOSITING Description From Date To Date Invoice# Invoice Amt Amount 'to Collision repair $3,226.26 $3,226.26 .jto Collision deductible ($500.00) ($500.00) Claim Number: 0342020268439 Claimant: Frederick County Payee:FREDERICK COUNTY Check Number. 419781 Total Check Amt:$2,726.26 Event Date: 313/2020 Department: 034 Frederick Date of Check:8!12!2020 Memo: letter i 0C)o 10 56 CO COUNTY of FREDERICK ® Parks and Recreation Department 540/665-5678 Fax: 540/665-9687 E-mail: fcprd@fcva.us M E M O R A N D U M www.fcprd.net TO: Frederick County Finance Committee FROM: Jason Robertson Director SUBJ: Fiscal 2021 Carryforward DATE: September 9, 2020 The Parks and Recreation Department is requesting a fiscal 2020 fund carryforward of $152, 890 . 00 in line 7101-3002-00 to fiscal 2021. The $152, 890 . 00 is needed for the completion of construction documents for Old Charlestown Road Park. Project status: The design process for the Old Charlestown Road Park is underway with Site Survey, Geotechnical survey, wetland delineation, and Public Input leading to a draft Master Plan created in FY20 . Continuation of the project in FY21 will allow for potential Master Plan modifications and provide construction documents needed to prepare the project for bid. The year-end FY20 line balance is $169, 951 . 91 . 107 North Kent Street • Winchester,Virginia 22601 11 57 41G� COQ COUNTY of FREDERICK Finance Department Cheryl B. Shiffler 1738 Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@fcva.us TO: Kris Tierney, County Administrator FROM: Cheryl Shiffler, Finance Director DATE: September 2, 2020 SUBJECT: Sheriff's Department Overtime At the May 2020 Finance Committee, the Sheriff requested a General Fund Supplemental Appropriation in the amount of$80,000, which represented the expected shortfall in overtime. Subsequently, the Board agreed by consensus to wait until the Finance Department could provide further information about the overtime shortfall before acting on the appropriation. This information was to include final year-end calculations and what contributed to overtime increasing by$500,000 from FY 18 to FY 20. FY 20 year-end calculations for the Sheriff's Department show total funds remaining unspent less encumbrances at the end of the year to be $293,020. Staff is working with the Sheriff's Department on carry-forward requests and it is anticipated that the appropriation for overtime will not be needed. Over the past several months, the Finance Department reviewed the Sheriff's Department timesheets and pay codes to identify the changes from FY 18 to FY 20. Specifically, three pay codes were analyzed, Holiday pay, Paid-Time-Off(PTO), and Special Assignment. It was determined that each of these pay codes showed increased hours over the two-year time period and contributed to almost half($230,000) of the increase in overtime. PTO was the largest of the three in the amount of$133,000. The additional PTO usage is a result of an additional 13 employees during that time period and employees reaching maximum PTO allowance, therefore taking their PTO and not "losing" it. Holiday pay costs increased $51,000 and is directly associated with additional personnel. Special Assignment increased $46,000 and is normally traffic related. The year-to-date expenditure for special assignment does not reflect any revenue reimbursed for this service. This review provided the Finance Department with insight into how the timesheets and pay codes were set up by previous staff in order to suggest recommendations to the process. What contributed to the increase in overtime outside what we could extract from the timesheets would require assistance from the Sheriff and his staff. Numerous meetings were held, and the Finance Department assisted the Sheriff's Department staff 107 North Kent Street• Winchester, Virginia 22601 12 58 on requested reports to assist them in the process. The Finance Department provided the Sheriff's Department with reports that will assist them in reviewing monthly overtime paid The Sheriff's Office recently provided their FY 2020 Overtime Budget Review (attached). In summary, this document took responsibility for being underbudget in overtime and touched on other contributing factors that may have had an impact on the increased costs. Those factors recognize calls for service, including surveillance and the costs associated with community events. Although the overtime associated with these events may seem small, it was noted that when added together it was a notable impact on overtime. An example was given by the Sheriff that if they attended a children's event and provided a blowup gun and archery range, which is requested often, it requires a minimum of 4 deputies to operate both shooting ranges. Training is also included in overtime. Deputies are required by law to complete 40 hours of training every two years to maintain Virginia certification. Additional training costs would be incurred with additional deputies. In moving forward on the subject, the current year could be in the same budget situation as last fiscal year since the FY 21 budget is $700,000 and last year expenditures were over$1.1 million. Before a request for additional funding moves forward, I would like to suggest that we meet with the Sheriff and his staff to determine if any interdepartmental transfers can be done to offset a supplemental appropriation request. In addition to reviewing what can be transferred, I would propose several changes and discussion on current time-sheet practices. There are currently three special assignment codes used for the Navy Federal Credit Union, DUI and church duty. In FY 20, the Sheriff's Department billed these organizations at an hourly rate of$50. This amount has currently been increased to $60. When an employee uses one of these three codes, they earn time and a half their hourly rate. Earning time and half your hourly rate should be calculated on excess hours worked and not by assignment worked. I would also suggest that the special assignment agreement with these organizations be further reviewed to assure that all costs are being recovered and discussion on future liability that may exist in providing the services. When reviewing the timesheets, it was discovered that the Sheriff's Department allowed employees to be paid both special assignment hours and PTO hours for the same period. An example would be an employee who was scheduled to work 9 hours on a Monday and took 9 hours of PTO, and then for the same day had 12 hours of special assignment that is paid at time and half. When questioned how an employee could be paid for both at the same time, the reasoning provided by the Sheriff's Department was that the employee was going to take PTO but was called in for special assignment and why does the county care when special assignment is not county work. Employees should not be allowed to be paid multiple times for the same hours.This process should be discontinued immediately. 13 59 Frederick County Sheriff's Office 2019/2020 Overtime Budget Review The Frederick County Sheriff's Office exceeded its allotted Overtime Budget by approximately $498,197 in the 2019/2020 budget cycle. This is an attempt to ascertain why the overage occurred and what steps are being taken to avoid a large overage in future budgets. Budget Comprehension Sheriff Millholland and Angela Carroll, Administrative Assistant, had relied on a now retired employee (Administrative Assistant) from the previous administration to provide training and expertise on the budget process to Ms. Carroll. When this employee retired on April 1, 2017, Ms. Carroll became the new Administrative Assistant completing her first solo budget for the 2018/2019 budget year. The 2018/2019 budget year recorded a$289,950 deficit in the overtime line item. Ms. Carroll's second solo completed budget year(2019/2020)is the budget with the $498,197 deficit in the overtime line item. After talking to Sheriff Millholland, Mrs. Carroll, and meeting with members of the Finance Department several times; it is obvious that Mrs. Carroll was ignorant of some parts of the budget process. This ignorance of the budget process caused a domino effect on the overtime budget resulting in a$498,197 deficit for the 2019/2020 budget year. Contractual Overtime Entities frequently contact law enforcement agencies and ask to hire law enforcement officers for special duties, events, etc. It is no different for the Frederick County Sheriff's Office. In the past the Sheriff allowed the deputies to work these assignments and receive direct payment from the entity. It was the deputy's responsibility to pay taxes on the earned income. Sheriff Millholland changed this process in early 2017. Sheriff Millholland implemented a process where Frederick County would pay the deputy's overtime and the entity would be charged $50 per hour for the deputy. The money received from the entity would be re- appropriated back into the Sheriff's Office overtime budget line item. Currently the Sheriff's Office has contracts with several local churches and Navy Federal Credit Union to provide law enforcement services. There are also occasions where road construction contractors will contact the Sheriff's Office for law enforcement service for road construction, traffic signal replacement, etc. (Note: The Virginia State Police has been turning down these road construction contractors' requests because of manpower issues.) Since the contractual overtime amount had increased with the contract with Navy Federal Credit Union in 2018, Finance requested that an amount of the contractual overtime be placed in the overtime line item. In the 2019/2020 year $50,000 was added to the overtime line item for the contractual overtime. In the 2020/2021 budget year$65,000 was added to the overtime line item to cover the contractual overtime. 2019/2020 Contractual Overtime Reimbursement Cedar Creek Battlefield $10,000 Drug Enforcement Administration $18,306 Tax, Trade, & Tobacco Bureau $11,264 Internet Crimes Against Children $ 5,000 DMV Grant $16,500 Churches/Navy Federal $76,000 ($50,000 was subtracted from the $126,000 total) Total $137,070 14 60 (Note: The hourly rate for a contractual deputy was raised from $50 an hour to $60 an hour July 1, 2020.) Budget Amounts Listed below are the appropriations, encumbrances, and differences for three budget years for overtime taken from AS400. The 2017/2018 budget year is when the retired Administrative Assistant did the budget and the other two years are Ms. Carroll's budgets. Year Appropriation Encumbrance Deficit 2017/2018 $557,000 $644,468 ($87,468) 2018/2019 $595,990 $885,940 ($289,950) 2019/2020 $645,000 $1,143,197 ($498,197) Since department heads must submit their next year's budget in November, it takes experience and budget knowledge to project the appropriate amount for the following year. The 2018/2019 projection was $595,990: a$38,990 increase from the 2017/2018 budget year. The projection for the 2019/2020 year is impacted by the addition of the contractual overtime projection. The Sheriff's Office asked for $625,000. Finance added $50,000 to the overtime line item for the contractual overtime and raised the appropriation to $645,000. Subtracting the $50,000 for contractual overtime from the appropriated amount of$645,000 leaves a balance of $595,000. This shows that we received $990 less in our 2019/2020 overtime budget then we received in the 2018/2019 budget even though we had a$289,950 deficit in the 2018/2019 overtime line item. The $498,197 deficit in the 2019/2020-line item can be reduced by $137,070 which is the amount of contractual overtime money that was reimbursed to Frederick County showing a deficit of$361,127. The 2020/2021 budget has the same issue. We have received $700,000 in the overtime line item, however, $65,000 is for contractual overtime. Therefore, we received $635,000, which is only $40,000 more than the 2019/2020 budget year. Holiday Pay Holiday pay is included in the overtime line item. Unfortunately, Ms. Carroll was not aware of this information, so her projection did not include holiday pay for personnel. In the 2019/2020 budget year the holiday pay was $180,479. Rationalization for Overtime Increase Maintaining Minimum Personnel per Shift The Sheriff's Office maintains a minimum number of deputies working per shift. This allows calls for service to be answered in a timely fashion. The Sheriff's Office has 7 specialty teams and 5 K-9 deputies. The specialty teams are listed below. 1. SWAT Team 15 members 2. Honor Guard 9 members 3. Search & Rescue 25 members 4. Underwater Search and Recovery (Dive) 12 members 5. Crisis Negotiation 10 members 6. sUAS Drone 5 members 7. Civil Disturbance 20 members 15 61 The extra skills these personnel have are perishable, therefore they train monthly. In the past approximately half of the team members could not attend training per month, so that the shift minimum could be maintained. Consequently, most deputies were training in their specialty every other month, not monthly and it was rare for the whole team to train together. Training outside of the Sheriff's Office is also included in the overtime. There are numerous specialty schools or training that personnel attend to maintain certifications, or to increase their knowledge in an area. Deputies are required by law to complete 40 hours of training every two years to maintain Virginia certification. To be a trained member of the Search and Rescue team or SWAT team requires the completion of 80 hours of additional training. K-9 deputies receive overtime pay for K-9 maintenance and train 16 hours per month. It was observed that other departments were allowing all their personnel to attend training and the personnel were paid overtime for attending the training. Sheriff Millholland met with a department head and asked about the Sheriff's Office implementing the same policy. Sheriff Millholland was told he could pay overtime for the training and he could also pay overtime to allow deputies to use their PTO time. In the 2018/2019 budget year the Sheriff's Office implemented the policy of paying deputies overtime to work a shift to maintain the minimum staffing or paying the deputy overtime to attend training. This policy continued into the 2019/2020 budget year. Calls for Service The Sheriff's Office receives thousands of calls for service per year. All calls are not the same, some can be handled in minutes, but other take hours to investigate. Calls for service that are time consuming involves a deceased person. Every deceased person starts as a homicide until the investigation shows that it was not. The Sheriff's Office occasionally has family members questioning our investigation of the death of their relative. We have family members accusing other family members of killing their terminally ill parent as a mercy killing. We have family members who cannot accept the knowledge that their family member committed suicide and they insist it is a homicide. Because of this issue we must do through investigations of every death that occurs in Frederick County. In 2019 we responded to and investigated 109 deaths, and in 2020 we have responded to 69 deaths. Another issue in Frederick County is drug abuse. It is well known that this area has a heroin/fentanyl issue. On all overdoses a Drug Task Force investigator will respond to assist in the investigation and with fatal overdoses criminal investigators will respond with the DTF investigator to jointly investigate the case. The Sheriff's Office responded to 61 (6 deaths)heroin overdoses in 2019 and 51 (10 deaths)in 2020. An evening or weekend overdose death of suicide typically results in $1500-$2500 in overtime costs. A homicide will result in $4,000-$5,000 in overtime costs because of the need for more investigators at the scene. One of the ways the Sheriff's Office try's to be proactive in reducing crime is by doing surveillance in high crime areas. The Sheriff's Office does this frequently, especially when citizens or business report concerns and request assistance. It was calculated that a weeklong surveillance involving 5-6 deputies costs the Sheriff's Office approximately $10,000 in overtime. We conducted 5 surveillances recently: one in December 2019, one in January 2020, 2 in February 2020, and one in March 2020 resulting in $47,196 in overtime costs. Community The Sheriff's Office has an excellent relationship with the Frederick County community. The Sheriff's Office receives numerous requests for deputies to attend community events and provide training throughout the year. The Sheriff's Office purchased a blowup BB gun range and a blowup archery range in 2019. Both are requested for children's events. It requires a minimum of 4 deputies to operate both shooting ranges. The K-9 deputies are also popular and are requested frequently to do demonstrations. 16 62 Some of the community events that we participate in are: National Night Out(2 locations: Snowden Bridge and Lord Fairfax CC), Torch Run for Special Olympics, Cops and Cones, Coffee with a Cop, Color with a Cop, Frederick County Public Safety Day, Lunch Buddy Program (Eating lunch with students in schools), Hometown Heroes,Youth Camp, and the fundraiser for Youth Camp,the 5K run. National Night Out cost the Sheriff's Office approximately $4,000 in overtime, but approximately 1,000 people attended the Snowden Bridge event. Our most expensive community event is the Youth Camp. The Youth Camp costs the Sheriff's Office approximately $20,000 yearly in overtime, however we take 70 middle school students camping for a week. The Sheriff's Office also provides training to the public in certain areas. In the fall of 2019, the Sheriff's Office trained every Frederick County School employee in the "Active threat"program. We provided the same training for Lord Fairfax Community College employees. The Sheriff's Office also provides this training to community businesses,non-profits, churches, etc., who request the training. The Sheriff's Office provided Concealed Weapon Carry training to several hundred citizens in 2019/2020. (We receive constant inquiries as to when the program will start up again.) The Sheriff's Office provides security surveys,has Project Lifesaver, and attends homeowner association meetings. Most of the above events cannot be done when a deputy is working a patrol shift, therefore overtime is associated with most of these events and training. At the time of the event the associated overtime appears small,but when it is all added together you suddenly have $25,000 or$50,000 in total overtime spent. Projecting Future Budgets In conclusion, the Sheriff's Office had the "Perfect Storm"in the 2019/2020 budget. An ignorance of the budget process and inexperience in projecting a budget, a policy change on how we were paying overtime, an increase in community services and crimes, and the implementation of contractual law enforcement services for overtime resulted in a $498,197 deficit in the 2019/2020 overtime budget. The Sheriff's Office Budget team has implemented several changes that will allow us to better monitor where the overtime budget is being spent and assist us in projecting future encumbrances more accurately. Finance has developed an overtime labor code for the Sheriff's Office that will show us after each overtime pay period where the funds were spent and how much was spent. The new position request now allows holiday and overtime pay to be calculated in the total request for new position. (We received 9 new positions in the 2019/2020 budget, but our overtime budget did not reflect holiday pay or overtime pay for these positions.) The Sheriff's Office has received instruction from Finance on budget preparation and we have agreed to meet monthly to review the 2020/2021 budget in preparation for projecting the 2021/2022 budget. Respectfully Submitted Captain Aleck Beeman 17 63 County of Frederick Year Ended June 30, 2020 �ELcuc" EpERICK COUNJi �r 1 In Summary, what are the County's year-end General Fund numbers? • Actual Revenues $1997801 ,407 • Actual Expenditures $19816077137 Revenue and Expenditure detail on following slides 2 18 64 Budgeted Revenue FY 20 BUDGET FY 20 ACTUAL FY19 ACTUAL FY20 BUDGETED FY20 ACTUAL VARIANCE VARIANCE *Property Taxes 126,371,336 131,452,356 133,285,244 1,832,888 6,913,908 Other Local Taxes 37,937,989 39,112,454 40,818,039 1,705,585 2,880,050 Permits/Fees 2,188,701 2,050,249 2,282,193 231,944 93,492 Fines I Forfeitures 313,896 357,000 248,111 (108,889) (65,785) Rev.from Use of Prop. 1,272,034 890,898 998,794 107,896 (273,240) Charges for Services 3,003,140 3,230,476 2,344,290 (886,186) (658,850) Miscellaneous 361,292 215,671 167,637 (48,034) (193,655) Recovered Costs 3,422,091 1,867,534 3,832,192 1,964,658 410,101 Transfers 0 3,783,655 3,783,655 0 3,783,655 State/Fed 11,676,671 12,145,243 12,041,252 (103,991) 364,581 TOTALS 186,547,150 195,105,536 199,801,407 4,695,871 13,254,257 'Includes reimbursement for PPTRA. 3 Property Taxes FY 20 BUDGET FY 20 ACTUAL FY 19 ACTUAL FY 20 BUDGETED FY 20 ACTUAL VARIANCE VARIANCE Real Estate 61,915,140 63,039,628 64,794,941 1,755,313 2,879,801 Public Service 2,460,734 2,700,000 2,864,071 164,071 403,337 Personal Property 51,694,935 55,613,228 54,971,122 (642,106) 3,276,187 Machinery and Tools 7,863,862 8,000,000 8,206,790 206,790 342,928 Short Term Rental Tax 269,180 180,000 222,106 42,106 (47,074) Penalties lInterest 1,724,175 1,500,000 1,743,443 243,443 19,268 Admin Fees-Treasurer 443,310 419,500 482,771 63,271 39,461 TOTALS 126,371,336 131,452,356 133,285,244 1,832,888 6,913,908 'Includes state reimbursement for PPTRA. 4 19 65 Other Local Taxes FY20 BUDGET FY20 ACTUAL FYI ACTUAL FY20 BUDGETED FY20 ACTUAL VARIANCE VARIANCE Sales 14,344,226 15,501,372 16,037,304 535,932 1,693,078 Communications Tax 1,145,332 1,250,000 1,119,231 (130,769) (26,101) Utility Taxes 3,739,977 3,500,000 3,773,932 273,932 33,955 Business License 7,563,050 7,000,000 8,589,974 1,589,974 1,026,924 Motor Vehicle Decals 2,758,367 2,500,000 2,838,190 338,190 79,823 Bank Stock&Franchise 476,944 500,000 532,223 32,223 55,279 Taxes on Wills&Recordation 1,782,444 1,667,000 2,068,695 401,695 286,251 Meals&Room Taxes 6,094,860 7,156,032 5,826,992 (1,329,040) (267,868) Street Lights/Star Fort Fees 32,789 38,050 31,498 (6,552) (1,291) TOTALS 37,937,989 39,112,454 40,818,039 1,705,585 2,880,050 5 Permits / Fees R20 BUDGET R20 ACTUAL R19 ACTUAL R20 BUDGETED R20 ACTUAL VARIANCE VARIANCE Dog License 43,202 42,000 45,243 3,243 2,041 Land Use Application Fees 6,375 2,900 3,500 600 -2,875 Development Review Fees 326,812 421,153 409,038 -12,115 82,226 Building Permits 1,254,314 1,173,750 1,375,754 202,004 121,440 ElectlPlumblMechanical 272,705 220,980 278,035 57,055 5,330 Land Disturbance Permits 269,733 175,316 157,101 -18,215 -112,632 Misc. 5,322 6,000 4,197 -1,803 -1,125 Sign Permits 4,100 5,270 6,575 1,305 2,475 Fire Permits and Inspections 2,820 2,880 2,750 -130 -70 TOTALS 2,185,383 2,050,249 2,282,193 231,944 96,810 6 20 66 Unspent Budgeted Expenditures by category FY20 AMENDED FY 19 ACTUAL BUDGET FY 20 ACTUAL FY20 VARIANCE Administration 12,986,320 16,815,252 15,449,194 1,366,058 Judicial 2,770,777 3,113,246 2,790,910 322,336 Public Safety 38,895,000 43,627,405 41,536,208 2,091,197 Public Works 5,418,469 7,832,818 6,291,241 1,541,577 Health I Welfare 9,422,160 10,917,419 9,959,361 958,058 Community College 81,080 81,308 81,308 0 Parks,Rec.&Cultural 7,315,857 8,012,068 6,999,476 1,012,592 Community Development 2,155,810 2,196,677 2,123,753 72,924 Transfers 101,937,478 117,759,490 113,375,686 4,383,804 TOTAL 180,982,951 210,355,683 198,607,137 11,748,546 Detail presented on following pages. Budgeted Expenditures by department FY20 AMENDED DMINISTRATION FY19 ACTUAL BUDGET FY20 ACTUAL FY20 VARIANCE Roard of Supervisors 249,785 2,511,572 2,486,524 25,048 ounty Administrator 792,046 964,069 809,305 154,764 County Attorney 415,969 472,040 460,714 11,326 Human Resources 578,047 683,332 641,920 41,412 Independent Auditor 63,500 66,000 63,500 2,500 Comm.of Revenue 1,520,416 1,631,895 1,595,848 36,047 Reassessment 413,805 489,329 404,936 84,393 Treasurer 1,552,203 1,684,839 1,563,920 120,919 Finance 898,817 1,056,466 1,040,398 16,068 IT/GIS 2,080,875 1,911,264 1,828,094 83,170 MIS 617,725 661,730 656,178 5,552 Other 3,509,614 4,228,299 3,531,615 696,684 Electoral Board 88,968 233,639 167,842 65,797 Registrar 204,550 220,778 198,400 22,378 SUBTOTAL 12,986,320 16,815,252 15,449,194 1,366,058 8 21 67 Budgeted Expenditures by department FY20 AMENDED JUDICIAL FY19 ACTUAL BUDGET FY20 ACTUAL FY20 VARIANCE Circuit Court 74,911 79,500 68,984 10,516 Gen.District Court 17,388 23,424 18,722 4,702 J&D Court 21,350 27,219 17,381 9,838 Clerk 761,865 888,837 768,753 120,084 Law Library 14,893 12,500 11,969 531 Comm.Attorney 1,694,077 1,861,650 1,700,576 161,074 Victim Witness 186,293 220,116 204,525 15,591 SUBTOTAL 2,770,777 3,113,246 2,790,910 322,336 9 Budgeted Expenditures by department FY20 AMENDED PUBLIC SAFETY FY19 ACTUAL BUDGET FY20 ACTUAL FY20 VARIANCE Sheriff 15,684,035 16,905,881 16,571,632 334,249 Vol. Fire Depts. 1,103,311 1,190,328 977,369 212,959 Ambul./Rescue 504,222 409,868 321,150 88,718 Jail/Juv.Detention 5,545,273 5,511,011 5,511,011 0 Juvenile Court 191,311 193,131 140,851 52,280 Inspections 1,376,295 1,472,958 1,396,495 76,463 Fire&Rescue 13,059,017 16,087,094 15,104,777 982,317 Public Comm. 1,431,536 1,857,134 1,512,923 344,211 SUBTOTAL 38,895,000 43,627,405 41,536,208 2,091,197 10 22 68 Budgeted Expenditures by department FY20 AMENDED 4q PUBLIC WORKS FY19 ACTUAL BUDGET FY20 ACTUAL FY20 VARIANCE 'Road Admn. 10,347 18,500 8,393 10,107 Street Lights/Star Ft 28,350 38,050 26,178 11,872 Engineering 433,291 426,419 414,653 11,766 Refuse Collection 1,702,927 3,539,574 2,533,518 1,006,056 Refuse Disposal 614,475 686,880 647,498 39,382 Litter Control Grant 20,657 28,554 18,877 9,677 Maintenance Adrrn. 659,752 693,617 652,331 41,286 County Ofc. Bldg. 1,210,608 1,572,148 1,254,252 317,896 Animal Shelter 738,062 829,068 735,541 93,527 SUBTOTAL 5,418,469 7,832,818 6,291,241 1,541,577 11 Budgeted Expenditures by department FY20 AMENDED HEALTH/WELFARE FY19 ACTUAL BUDGET FY20 ACTUAL FY20 VARIANCE Local Health Dept. 416,243 436,439 436,439 0 Ch. 10 Board 396,673 416,507 416,507 0 Social Services 7,815,009 9,281,473 8,234,720 1,046,753 Area on Aging 63,000 63,000 63,000 0 Prop.Tax Relief 731,235 720,000 808,695 (88,695) SUBTOTAL 9,422,160 10,917,419 9,959,361 958,058 12 23 69 Budgeted Expenditures by department FY20 AMENDED COMMUNITY COLLEGE FY19 ACTUAL BUDGET FY20 ACTUAL FY20 VARIANCE Community College 81,080 81,308 81,308 0 SUBTOTAL 81,080 81,308 81,308 0 FY20 AMENDED PARKS,REC&CUL FY19 ACTUAL BUDGET FY20 ACTUAL FY20 VARIANCE Parks/Rec.Admn. 1,044,913 1,346,441 1,124,886 221,555 RecCtr/Playgrnds 2,712,454 2,981,687 2,555,469 426,218 Clearbrook Park 1,187,618 1,071,100 1,002,788 68,312 Sherando Park 1,217,540 1,394,640 1,098,133 296,507 Regional Library 1,153,332 1,218,200 1,218,200 0 SUBTOTAL 7,315,857 8,012,068 6,999,476 1,012,592 13 Budgeted Expenditures by department FY20 AMENDED COMMUNITY DEV FY19 ACTUAL BUDGET FY20 ACTUAL FY20 VARIANCE Planning 1,255,278 1,235,445 1,193,489 41,956 EDA 571,282 593,057 593,057 - Zoning Board 2,933 7,821 1,504 6,317 Building Appeals 0 561 72 489 NSV Reg.Comm. 70,351 74,348 74,348 - Soil&Water 7,000 11,250 11,250 - Extensions 248,966 274,195 250,033 24,162 SUBTOTAL 2,155,810 2,196,677 2,123,753 72,924 14 24 70 Budgeted Expenditures by department FY20 AMENDED TRANSFERS FY19 ACTUAL BUDGET FY20 ACTUAL FY20 VARIANCE Transfers I Contingencies 101,937,478 117,759,490 113,375,686 4,383,804 SUBTOTAL 101,937,478 117,759,490 113,375,686 4,383,804 GRAND TOTAL 180,982,951 210,355,683 198,607,137 11,748,546 15 General Fund Unreserved Fund Balance In $50 million Policy minimum $34.1 million Capital transfers above $40.2 million Current BOS Capital Fund$8.2 Million Requesting$9.8 to be added to Capital Fund Reductions include August Finance Committee, School and County encumbrances, restricted funds and estimated carryforwards. Staff continues to work with departments on carryforwards. 16 25 71 185 MINUTES Frederick County Board of Supervisors Budget Work Session Wednesday,February 13,2019 5:30 p.m. First Floor Conference Room,107 North Kent Street,Winchester,VA ATTENDEES Board of Supervisors: Chairman Charles S. DeHaven, Jr.;Vice Chairman Gary A. Lofton; Blaine P. Dunn; Judith McCann-Slaughter;J. Douglas McCarthy; Shannon G.Trout; and Robert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; C. William Orndoff, Jr., Treasurer;Jay E.Tibbs,Deputy County Administrator;Roderick B.Williams,County Attorney;Cheryl B. Shiffler, Finance Director; Jennifer Place, Budget Analyst; Sharon Kibler, Assistant Finance Director; Michael Marciano, Human Resources Director; Scott Varner, IT Director; Mike Ruddy, Planning Department Director; Karen Vacchio, Public Information Officer; Lenny Millholland,Sheriff; Denny Linaburg, Fire & Rescue Chief; Jason Robertson, Director of Parks & Recreation; Tamara Green,Social Services Director;Delsie Jobe,Social Services Administrative Services Manager; and Ann W.Phillips,Deputy Clerk to the Board of Supervisors. Finance Committee Members present: Jeffrey Boppe and Angela Rudolph CALL TO ORDER Chairman DeHaven called the meeting to order at 5:35 p.m. SOCIAL SERVICES BUDGET OVERVIEW Tamara Green, Director of Social Services, outlined her request for three new positions: Child Protective Services Supervisor,Family Services Specialist III,and Human Services Assistant I. Ms.Green reviewed funding changes since the expansion of Medicaid and noted the State's assurance of continuing to fund$238,000 per year to offset additional Medicaid program expenses. The Board and staff discussed the option of the department becoming a deviating state agency which would allow more flexibility and enable the County to assume human resources and payroll functions for the department to reduce expenses. PARKS AND RECREATION BUDGET OVERVIEW Jason Robertson, Director of Parks and Recreation, provided an overview of his budget requests. He noted that revenues have increased,and the fee recovery rate is very high with$0,55 in revenue for every$1.00 expended. He noted his top capital priority would be Snowden Bridge Park,depending upon the future of the old Frederick County Middle School. COUNTY ADMINSTRATOR BUDGET UPDATE Mr. Tierney reviewed priorities among the capital requests and the Board discussed the listed priorities as well as the portable handheld radios currently being reviewed for replacement. Minute Book 44 Board of Supervisors Work Session of 2113119 County of Frederick,Virginia 26 72 186 Mr. Tierney discussed the proposed County Capital Fund. He said staff proposes creating a policy for an annual funding source that could be added to the current Board capital reserve or separately identified. He noted the current unreserved fund balance policy requires 17% (or two months)operating reserve. Mr. Tierney proposed establishing a policy that funds in excess of 20% be transferred annually to a County Capital Fund. He added that creating a Capital Reserve Fund would enable the Board to eliminate the use of Unreserved Fund Balance in the FY 20 proposed budget, The Board discussed annual review of the Capital Fund balance and its use for both short- and long-term capital needs. By consensus, the Board agreed to establish a policy creating a Capital Fund. DIRECTIVES FOR MORE INFORMATION The Board and staff discussed the next steps in reviewing the budget. Mr. Tierney noted that the Board's decision on maintaining the tax rate following the reassessment will be necessary before staff can determine which priorities can be funded in the budget. Supervisor Slaughter requested that the Finance Department review the previously supplied budget scenario in light of identified cost reductions in operating expenses. ADJOURN There being no further business,the work session was adjourned at 6;28 p.m. CaL'I� Charles S.DeHaven,Jr. <Krillip. Chairman, Board of Supervisors Clerk,4Board o upervisors Minutes Prepared By: _nn W.Phillips Ann W.Phillips Deputy Clerk,Board of Supervisors Minute Book 44 Board of Supervisors Work Session of 2113/19 County of Frederick.Virginia 27 73 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 Fund 9,647,354 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 Fund 181,760,421 School Debt Service Fund 17,957,232 School Capital Projects Fund 4,415,900 School Nutrition Services Fund 7,581,744 28 74 School Textbook Fund 2,871,240 NREP Operating Fund 6,251,913 NREP Textbook Fund 20,000 Consolidated Services/Maintenance Fund 3,600,000 School Private Purpose Funds 500,000 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 2020 assessment year as follows: Property Taxes— Rates per $100 of assessed value $0.61 Applied to real estate, including mobile homes $4.86 Applied to personal property including 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 29 75 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 $190 Unimproved Lots $660 Improved Lots 30 76 Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbuildable 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-Life Funds, 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 fundingfor 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. 31 77 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. Enacted this 8th day of April, 2020. Charles S. DeHaven,Jr., Chairman Aye Shawn L. Graber No J. Douglas McCarthy No Robert W. Wells Aye Blaine P. Dunn Aye Gene E. Fisher Aye Judith McCann-Slaughter Aye A COPY ATTEST Kris C. ier Frederick County Administrator Copy to: Finance Director Treasurer Commissioner of Revenue B05 Res. #068-20 4/9/2020 9:35 AM 32 78 Amendment to the 2020-2021 Fiscal Year Budget Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended,the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2020-2021 Budget to Reflect: General Fund and County Capital Projects Fund Supplemental Appropriations in the Amount of$9,800,000. This amount represents General Fund FY 2019-2020 yearend fund balance in excess of 20%to be transferred to the County Capital Fund per the Board of Supervisors adopted policy. RESOLUTION FISCAL YEAR 2020-2021 BUDGET AMENDMENT WHEREAS, Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session on September 23, 2020, took the following action: NOW,THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2020-2021 Budget be Amended to Reflect: General Fund and County Capital Projects Fund Supplemental Appropriations in the Amount of $9,800,000. This amount represents General Fund FY 2019-2020 yearend fund balance in excess of 20% to be transferred to the County Capital Fund per the Board of Supervisors adopted policy. Upon a motion made by and a seconded by the above budget amendment and supplemental appropriation was by the following recorded vote: 33 79 BUDGET TRANSFERS AUGUST 2020 DATE DEPARTMENT/GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 8/10/2020 INFORMATION TECHNOLOGY TO PAY INVOICE TO DALY COMPUTERS 1220 5401 000 000 (10,540.00) INFORMATION TECHNOLOGY 1220 5401 000 004 10,540.00 8/13/2020 INFORMATION TECHNOLOGY SECURITY SYSTEM MAINTENANCE FOR PUBLIC SAFETY BUILDING 1220 3002 000 000 1,156.25 INFORMATION TECHNOLOGY 9301 5890 000 000 (1,156.25) 8/18/2020 FIRE AND RESCUE CENTRAL SQUARE/SUPERION LLC INVOICE 3505 3010 000 000 (48.87) FIRE AND RESCUE 3505 3005 000 000 48.87 8/27/2020 FIRE AND RESCUE AUGUST PAYROLL PROMOTION 3505 1007 000 001 (2,624.00) FIRE AND RESCUE 3505 1001 000 147 2,624.00 34 80 County of Frederick General Fund August 31,2020 ASSETS FY21 FY20 Increase 8/31/20 8/31/19 (Decrease) Cash and Cash Equivalents 61,736,980.54 52,888,651.77 8,848,328.77 *A Petty Cash 1,555.00 1,555.00 0.00 Receivables: Receivable Arrears Pay Deferred 464,185.25 518,704.35 (54,519.10) *B Taxes,Commonwealth,Reimb.P/P 59,175,464.37 56,698,596.67 2,476,867.70 Streetlights 11,856.47 11,376.18 480.29 Miscellaneous Charges 28,530.98 207,621.21 (179,090.23) Due from Fred.Co.San.Auth. 657,083.23 657,083.23 0.00 Prepaid Postage 1,180.05 4,726.51 (3,546.46) GL controls(est.rev/est.exp) (4,292,462.74) (7,803,372.94) 3,510,910.20 (1)Attached TOTAL ASSETS 117,784,373.15 103,184,941.98 14,599,431.17 LIABILITIES Accrued Wages Payable 1,532,417.87 1,439,830.27 92,587.60 "B Retainage Payable 91,663.30 47,010.53 44,652.77 Performance Bonds Payable 772,273.90 915,433.97 (143,160.07) Taxes Collected in Advance 165,842.39 115,528.87 50,313.52 Deferred Revenue 59,221,398.25 56,913,878.73 2,307,519.52 "C TOTAL LIABILITIES 61,783,595.71 59,431,682.37 2,351,913.34 EQUITY Fund Balance Reserved: Encumbrance General Fund 805,447.90 959,920.73 (154,472.83) (2)Attached Conservation Easement 4,779.85 4,779.85 0.00 Peg Grant 457,784.03 427,751.60 30,032.43 Prepaid Items 949.63 949.63 0.00 Advances 657,083.23 657,083.23 0.00 Employee Benefits 0.00 0.00 0.00 Courthouse Fees 487,960.80 453,620.55 34,340.25 Historical Markers 0.00 0.00 0.00 Reserve For Capital 0.00 70,840.00 (70,840.00) Animal Shelter 1,234,020.42 1,196,179.07 37,841.35 Sheriffs Reserve 1,000.00 1,000.00 0.00 Proffers 4,140,258.38 6,413,097.26 (2,272,838.88) (3)Attached Parks Reserve 20,280.06 17,174.06 3,106.00 E-Summons Funds 199,481.85 167,905.08 31,576.77 VDOT Revenue Sharing 436,270.00 436,270.00 0.00 Undesignated Adjusted Fund Balance 47,555,461.29 32,946,688.55 14,608,772.74 (4)Attached TOTAL EQUITY 56,000,777.44 43,753,259.61 12,247,517.83 TOTAL LIAB.&EQUITY 117,784,373.15 103,184,941.98 14,599,431.17 NOTES: *A Cash increase includes a decrease in revenue,expenditures,transfers and an increase in fund balance(refer to the comparative statement of revenues,expenditures,transfers,and change in fund balance). "B Frederick County has converted to an arrears payroll schedule. "C Deferred revenue includes taxes receivable,street lights,misc.charges,dog tags,and motor vehicle registration fees. 35 81 BALANCE SHEET (1)GL Controls FY21 FY20 Inc/(Decrease Estimated Revenue 197,403,706 192,713,179 4,690,527 Appropriations (86,983,685) (85,998,198) (985,488 Est.Transfers to Other Funds (115,517,931) (115,478,275) (39,656 Encumbrances 805,448 959,921 (154,473 (4,292,463) (7,803,373) 3,510,910 (2)General Fund Purchase Order Balance 8/31/20 Amount County Office Buildings 13,915.00 Bowman Library BAS Upgrade Control Fire and Rescue 6,497.00 Uniforms 1,067.00 Balance on(1)Continental Washer/Extractor 14,455.44 Quarterly Air Testing and Annual Compressor Maintenance 19,919.00 Scott Respirator Adapters and Filters 36,699.70 Pump,Hose,and Gound Ladder Testing 11,577.34 Truid Key Hose W/Shut Off 15,300.00 Codepal Use Fee,Azure Govt.Server&Annual Support 43,994.00 Kappler Gowns 23,729.63 3M 8511 Respirators IT 59,700.00 Think Pad,System Imaging,LENOVO Dock 10,540.00 Think Station-LENOVO 13,832.58 Security Authenticate 5,328.00 Laserfche Update 124,220.00 Think Pads,Imaging Laptop Configuration MIS 7,540.00 Tax Bill Paper 44,505.00 Think Pad Docking Station and(2)Laptops Parks and Recreation 10,150.00 Concrete Install-Stonewall 4,886.92 Ballfield Diamond Mix 95,603.27 Bowman Lake Trail Project Refuse Collection 188,800.00 Compactor Registrar 11,960.00 Scanner and Installation Sheriff 35,965.00 Ammunition 5,263.02 (9)Body Armor Vests With(2)Carriers Total 805,447.90 Designated (3)Proffer Information Other SCHOOLS PARKS �FIRE&RESCUIE Projects TOTAL Balance 8/31/2020 1,039,211.95 316,023.70 749,574.47 2,035,448.26 4,140,255.38 Designated Other Projects Detail Administration 412,304.94 Bridges 16,214.32 Historic Preservation 129,000.00 Library 278,357.00 Rt.50 Trans.lmp. 10,000.00 Rt.50 Rezoning 25,000.00 Rt.656&657 Imp. 25,000.00 RT.277 162,375.00 Sheriff 122,557.00 Solid Waste 12,000.00 Stop Lights 52,445.00 Treasurer 700.00 Freedom Manor Transportation 4,250.00 BPG Properties/Rt.11 Corridor 330,000.00 Blackburn Rezoning 452,745.00 Clearbrook Bus.Ctr.Rezoning 2,500.00 Total 2,035,448.26 Other Proffers 8/31/20 (4)Fund Balance Adjusted Beginning Balance 8/20 52,320,710.23 Revenue 8/20 11,479,142.54 Expenditures 8/20 (16,014,602.55) Transfers 8/20 (229,788.93) Ending Balance 8/31/20 47,555,461.29 36 82 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance August 31,2020 FY21 FY20 YTD REVENUES: 8/31/20 8/31/19 Actual Appropriated Actual Actual Variance General Property Taxes 135,657,816.00 5,205,007.19 4,351,489.32 853,517.87 (1) Other local taxes 39,705,976.00 1,360,184.02 1,565,585.20 (205,401.18) (2) Permits&Privilege fees 2,266,235.00 367,435.19 432,505.97 (65,070.78) (3) Revenue from use of money and property 1,375,439.00 86,161.42 390,857.04 (304,695.62) (4) Charges for Services 3,498,694.00 283,541.16 524,792.11 (241,250.95) Miscellaneous 523,754.00 28,454.59 61,266.13 (32,811.54) Recovered Costs 1,910,958.00 220,518.59 203,897.34 16,621.25 (5) Proffers 216,185.51 260,362.51 (44,177.00) (5) Intergovernmental: Commonwealth 12,383,359.00 3,702,387.81 3,807,848.91 (105,461.10) (6) Federal 81,474.73 9,267.06 0.00 9,267.06 (7) Insurance Recoveries 0.00 0.00 200.00 (200.00) Transfer from Co.Capital Fd.(BOS FD) 0.00 0.00 2,166,516.18 (2,166,516.18) TOTAL REVENUES 197,403,705.73 11,479,142.54 13,765,320.71 (2,286,178.17) EXPENDITURES: General Administration 14,788,554.33 4,047,069.53 6,123,760.90 (2,076,691.37) Judicial Administration 3,103,341.45 403,367.24 511,850.05 (108,482.81) Public Safety 43,038,335.61 7,938,626.00 7,831,063.24 107,562.76 Public Works 6,223,543.56 694,775.10 647,393.67 47,381.43 Health and Welfare 11,203,633.00 1,627,414.46 1,585,318.94 42,095.52 Education 81,308.00 20,327.00 20,327.00 0.00 Parks, Recreation, Culture 7,592,860.63 1,037,042.23 1,541,732.37 (504,690.14) Community Development 2,233,723.91 245,980.99 245,010.55 970.44 TOTAL EXPENDITURES 88,265,300.49 16,014,602.55 18,506,456.72 (2,491,854.17) (8) OTHER FINANCING SOURCES( USES): Operating transfers from/to 114,236,315.88 229,788.93 7,599,550.75 (7,369,761.82) (9) Excess(deficiency)of revenues&other sources over expenditures &other uses (5,097,910.64) (4,765,248.94) (12,340,686.76) (7,575,437.82) Fund Balance per General Ledger 52,320,710.23 45,287,375.31 7,033,334.92 Fund Balance Adjusted to reflect 47,555,461.29 32,946,688.55 14,608,772.74 Income Statement 8/31/20 37 83 (1)General Property Taxes FY21 FY20 Increase/Decrease Real Estate Taxes 1,924,029 1,774,520 149,509 Personal Property 3,093,301 2,416,684 676,618 Penalties and Interest 86,017 68,103 17,914 Credit Card Chgs./Delinq.Advertising (10,230) (16,236) 6,006 Adm.Fees For Liens&Distress 111,890 108,418 3,472 5,205,007 4,351,489 853,518 (2)Other Local Taxes Utility Taxes 171,802.65 238,985.35 (67,182.70) �1 Business Licenses 242,592.26 442,763.48 (200,171.22) �2 Auto Rental Tax 15,410.79 50.00 15,360.79 Motor Vehicle Licenses Fees 54,606.36 53,205.80 1,400.56 Recordation Taxes 462,874.44 427,927.97 34,946.47 Meals Tax 355,771.81 334,581.90 21,189.91 Lodging Tax 56,812.06 67,760.13 (10,948.07) Street Lights 223.65 250.57 (26.92) Star Fort Fees 90.00 60.00 30.00 Total 1,360,184.02 1,565,585.20 (205,401.18) (3)Permits&Privileges Dog Licenses 2,501.00 3,805.00 (1,304.00) Transfer Fees 771.30 626.40 144.90 Development Review Fees 39,038.50 76,680.00 (37,641.50) Building Permits 229,691.00 254,473.64 (24,782.64) 2%State Fees 5,641.39 6,079.93 (438.54) Electrical Permits 24,537.00 24,162.00 375.00 Plumbing Permits 3,326.00 10,422.00 (7,096.00) Mechanical Permits 26,899.00 14,780.00 12,119.00 Sign Permits 725.00 2,275.00 (1,550.00) Blasting Permits 430.00 60.00 370.00 Land Disturbance Permits 33,875.00 39,142.00 (5,267.00) Total 367,435.19 432,505.97 (65,070.78) (4)Revenue from use of Money 34,682.29 388,144.24 (353,461.95) Property 51,479.13 2,712.80 48,766.33 Total 86,161.42 390,857.04 (304,695.62) *1 Timing of receipt of revenue in FY21. *2 Previous year increased assessments and forced collections. 38 84 (5)Recovered Costs FY21 FY20 Increase/Decrease 8/31/2020 8/31/19 Recovered Costs Social Services 19,736.55 19,961.77 (225.22) Recovered Cost Fire Companies 74,999.00 74,999.00 - Recovered Costs Sheriff 17,725.00 13,200.00 4,525.00 Reimbursement Circuit Court 1,533.62 1,573.88 (40.26) Reimb.Public Works/Planning Clean Up - 200.00 (200.00) Clarke County Container Fees 17,885.24 9,526.49 8,358.75 City of Winchester Container Fees 11,789.85 4,100.60 7,689.25 Refuse Disposal Fees 33,140.77 16,298.91 16,841.86 Recycling Revenue - 2,693.64 (2,693.64) Sheriff Restitution 96.39 97.53 (1.14) Container Fees Bowman Library 261.54 433.73 (172.19) Litter-Thon/Keep VA Beautiful Grant - 750.00 (750.00) Reimb.of Expenses Gen.District Court 2,701.37 5,073.19 (2,371.82) Reimb.Task Force 12,235.22 17,718.80 (5,483.58) Comcast PEG Grant 21,980.00 22,424.00 (444.00) Fire School Programs 3,390.00 8,213.00 (4,823.00) Clerks Reimbursement to County 2,164.00 1,417.37 746.63 Reimb.Sheriff 880.04 5,215.43 (4,335.39) Subtotal Recovered Costs 220,518.59 203,897.34 16,621.25 Proffer Redbud Run - 6,454.00 (6,454.00) Proffer Southern Hills 89,452.58 51,115.76 38,336.82 Proffer Snowden Bridge 95,446.93 178,137.75 (82,690.82) Proffer Cedar Meadows 29,286.00 24,405.00 4,881.00 Proffer Freedom Manor 2,000.00 250.00 1,750.00 Subtotal Proffers 1 216,185.51 1 260,362.51 1 (44,177.00) Grand Total 436,704.10 464,259.85 (27,555.75) 39 85 (6)Commonwealth Revenue FY21 FY20 8/31/2020 8/31/2019 Increase/Decrease Motor Vehicle Carriers Tax 35,394.04 36,457.81 (1,063.77) Mobile Home Titling Tax 16,920.00 31,093.50 (14,173.50) Recordation Taxes - 118,725.64 (118,725.64) *1 P/P State Reimbursement 2,610,611.27 2,610,611.27 Shared Expenses Comm.Atty. 26,618.73 38,160.81 (11,542.08) Shared Expenses Sheriff 134,312.72 145,994.82 (11,682.10) Shared Expenses Comm.of Rev. 16,436.40 17,364.90 (928.50) Shared Expenses Treasurer 11,829.23 11,658.40 170.83 Shared Expenses Clerk 29,746.93 32,297.00 (2,550.07) Public Assistance Grants 605,702.25 620,603.30 (14,901.05) Emergency Services Fire Program - 39,646.20 (39,646.20) Parks State Grants 69,351.58 - 69,351.58 State Grant Emergency Services 2,772.00 - 2,772.00 Sheriff State Grants 42,714.00 11,577.50 31,136.50 JJC Grant Juvenile Justice 32,090.00 32,090.00 - Rent/Lease Payments 44,250.46 39,446.08 4,804.38 Wireless 911 Grant 23,306.40 21,823.87 1,482.53 State Forfeited Asset Funds 331.80 297.81 33.99 Total 3,702,387.81 3,807,848.91 (105,461.10) *1 Timing of receipt of revenue in current year. 40 86 County of Frederick General Fund August 31, 2020 (7) Federal Revenue FY21 FY20 Increase/Decrease Federal Forfeited Assets 5,349.82 - 5,349.82 Federal Funds Sheriff 3,917.24 - 3,917.24 Total 9,267.06 - 9,267.06 (8) Expenditures Expenditures decreased $2.4 million. General Administration decreased $2,1 million and reflects the purchase of Sunnyside Plaza for $2,104,371 in the previous year. The Parks and Recreation decrease of$504,690 was impacted by the Clearbrook Park Parking Expansion Project and the Sherando Park Recreation Access Project in FY20. The transfers decreased $7,369,761.82. See chart below. (9)Transfers Decreased $7,369,761.82 FY21 FY20 Increase/Decrease Transfer to Debt Service County 172,550.38 201,219.13 (28,668.75) *1 Operational Transfers 57,238.55 398,331.62 (341,093.07) *2 Reserve for Capital - 7,000,000.00 (7,000,000.00) Total 229,788.93 7,599,550.75 (7,369,761.82) *1 Payments include the Bowman Library and the City of Winchester for Courtroom, Roof and HVAC Projects. *2 Timing of Insurance Charge Outs. 41 87 County of Frederick FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER August 31, 2020 ASSETS FY21 FY20 Increase 8/31/20 8/31/19 (Decrease) Cash 10,174,549.03 10,200,705.79 (26,156.76) *1 Receivable Arrears Pay Deferred 124,819.48 139,058.50 (14,239.02) Receivables Other 0.00 2,306.50 (2,306.50) GL controls(est.rev/est.exp) (1,425,814.00) (2,076,488.40) 650,674.40 TOTAL ASSETS 8,873,554.51 8,265,582.39 607,972.12 LIABILITIES Accrued Wages Payable 440,238.90 425,780.15 14,458.75 Accrued Operating Reserve Costs 2,679,115.00 2,614,497.00 64,618.00 TOTAL LIABILITIES 3,119,353.90 3,040,277.15 79,076.75 EQUITY Fund Balance Reserved Encumbrances 41,523.56 98,614.69 (57,091.13) Undesignated Fund Balance 5,712,677.05 5,126,690.55 585,986.50 *2 TOTAL EQUITY 5,754,200.61 5,225,305.24 528,895.37 TOTAL LIABILITY & EQUITY 8,873,554.51 8,265,582.39 607,972.12 NOTES: *1 Cash decreased $26,156.76. Refer to the following page for comparative statement of revenues expenditures and changes in fund balance. *2 Fund balance increased $585,986.50. The beginning balance was $6,611,368.04 and includes adjusting entries, budget controls FY21($1,441,534.00) and the year to date revenue less expenditures of$542,843.01. Current Unrecorded Accounts Receivable- FY21 Prisoner Billing: 19,782.78 Compensation Board Reimbursement 8/20 488,925.57 Total 508,708.35 42 88 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance August 31, 2020 FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER FY21 FY20 REVENUES: 8/31/20 8/31/19 YTD Actual Appropriated Actual Actual Variance Credit Card Probation - 97.97 83.94 14.03 Interest 100,000.00 - - - Supervision Fees 87,376.00 5,840.00 8,310.00 (2,470.00) Drug Testing Fees 1,000.00 - - - Work Release Fees 380,000.00 19,782.78 29,853.34 (10,070.56) Federal Bureau Of Prisons 0.00 0.00 935.00 (935.00) Local Contributions 7,706,061.00 1,926,515.25 1,893,134.25 33,381.00 Miscellaneous 14,000.00 1,883.04 2,487.00 (603.96) Phone Commissions 600,000.00 0.00 0.00 0.00 Food &Staff Reimbursement 82,000.00 0.00 0.00 0.00 Elec.Monitoring Part.Fees 126,000.00 5,121.72 6,613.90 (1,492.18) Share of Jail Cost Commonwealth 1,275,000.00 0.00 0.00 0.00 Medical & Health Reimb. 58,000.00 1,634.63 4,190.74 (2,556.11) Shared Expenses CFW Jail 5,750,000.00 331,285.18 349,873.15 (18,587.97) State Grants 365,050.00 0.00 0.00 0.00 D.J.C.P. Grant 0.00 0.00 0.00 0.00 Local Offender Probation 247,933.00 0.00 0.00 0.00 Bond Proceeds 0.00 0.00 1,236,529.57 (1,236,529.57) Transfer From General Fund 5,520,958.00 1,380,239.50 1,267,884.50 112,355.00 TOTAL REVENUES 22,313,378.00 3,672,400.07 4,799,895.39 (1,127,495.32) EXPENDITURES: 23,780,715.56 3,129,557.06 3,065,860.79 63,696.27 Excess(Deficiency)of revenues over expenditures (1,467,337.56) 542,843.01 1,734,034.60 (1,191,191.59) FUND BALANCE PER GENERAL LEDGER 5,169,834.04 3,392,655.95 1,777,178.09 Fund Balance Adjusted To Reflect 5,712,677.05 5,126,690.55 585,986.50 Income Statement 8/31/20 _ 43 89 County of Frederick Fund 12 Landfill August 31, 2020 FY21 FY20 Increase ASSETS 8/31/20 8/31/19 (Decrease) Cash 37,870,114.79 38,841,959.54 (971,844.75) Receivables: Accounts Receivable 10,272.90 5,422.28 4,850.62 Fees 879,715.55 899,392.94 (19,677.39) *1 Receivable Arrears Pay Deferred 21,520.06 24,905.02 (3,384.96) AIIow.Uncollectible Fees (84,000.00) (84,000.00) 0.00 Fixed Assets 52,132,978.40 47,529,650.90 4,603,327.50 Accumulated Depreciation (33,332,386.56) (31,283,925.70) (2,048,460.86) GL controls(est.rev/est.exp) (2,273,430.00) (1,711,692.50) (561,737.50) TOTALASSETS 55,224,785.14 54,221,712.48 1,003,072.66 LIABILITIES Accounts Payable - - Accrued VAC.Pay and Comp TimePay 175,948.75 173,153.49 2,795.26 Accrued Remediation Costs 14,012,177.36 13,590,045.91 422,131.45 *2 Deferred Revenue Misc.Charges 10,293.36 5,422.28 4,871.08 Accrued Wages Payable 57,529.70 55,847.62 1,682.08 TOTAL LIABILITIES 14,255,949.17 13,824,469.30 429,797.79 EQUITY Fund Balance Reserved: Encumbrances 70,970.00 814,340.00 (743,370.00) *3 Land Acquisition 1,048,000.00 1,048,000.00 0.00 New Development Costs 3,812,000.00 3,812,000.00 0.00 Environmental Project Costs 1,948,442.00 1,948,442.00 0.00 Equipment 3,050,000.00 3,050,000.00 0.00 Undesignated Fund Balance 32,039,423.97 29,724,461.18 2,314,962.79 *4 TOTAL EQUITY 41,968,835.97 40,397,243.18 1,571,592.79 TOTAL LIABILITY AND EQUITY 56,224,785.14 54,221,712.48 2,003,072.66 NOTES: *1 Landfill receivables decreased$19,677.39. Landfill fees at 8/20 were$690,389.88 compared to$708,263.26 at 8/19 for a decrease of$17,873.38. Delinquent fees at 8/20 were$237,144.86 compared to$236,364.62 at 8/19 for an increase of$780.24. *2 Remediation increased$422,131.45 that includes$316,375.00 for post closure and$105,756.45 in interest. *3 The encumbrance balance at 8/31/20 was$70,970.00 for a Carlson GPS replacement system for equipment and includes Command software for 2 years. *4 Fund balance increased$2,314,962.79. The beginning balance was$32,276,684.94 and includes adjusting entries,budget controls for FY21($1,273,430.00),and$1,036,169.03 for year to date revenue less expenses. 44 90 County of Frederick Comparative Statement of Revenue,Expenditures and Changes in Fund Balance August 31, 2020 FUND 12 LANDFILL FY21 FY20 YTD REVENUES 8/31/20 8/31/19 Actual Appropriated Actual Actual Variance Credit Card Charges 0.00 649.46 998.63 (349.17) Interest on Bank Deposits 300,000.00 2,354.48 15,408.83 (13,054.35) Salvage and Surplus 110,000.00 21,737.50 21,879.00 (141.50) Sanitary Landfill Fees 7,268,650.00 1,191,590.75 1,213,345.56 (21,754.81) Charges to County 0.00 121,082.90 112,572.80 8,510.10 Charges to Winchester 0.00 38,752.50 29,767.75 8,984.75 Tire Recycling 181,640.00 66,746.28 55,067.44 11,678.84 Reg.Recycling Electronics 80,000.00 1,860.00 6,954.00 (5,094.00) Greenhouse Gas Credit Sales 10,000.00 0.00 0.00 0.00 Miscellaneous 0.00 0.00 0.00 0.00 Renewable Energy Credits 55,714.00 6,269.90 14,882.80 (8,612.90) Landfill Gas To Electricity 367,920.00 37,097.14 37,799.52 (702.38) Insurance Recoveries 0.00 0.00 0.00 0.00 TOTAL REVENUES 8,373,924.00 1,488,140.91 1,508,676.33 (20,535.42) Operating Expenditures 5,692,354.00 451,971.88 472,354.18 (20,382.30) Capital Expenditures 4,025,970.00 0.00 251,682.25 (251,682.25) TOTAL Expenditures 9,718,324.00 451,971.88 724,036.43 (272,064.55) Excess(defiency)of revenue over expenditures (1,344,400.00) 1,036,169.03 784,639.90 251,529.13 Fund Balance Per General Ledger 31,003,254.94 28,939,821.28 2,063,433.66 FUND BALANCE ADJUSTED 32,039,423.97 29,724,461.18 2,314,962.79 45 91 County of Frederick,VA Report on Unreserved Fund Balance September 10,2020 Unreserved Fund Balance,Beginning of Year,July 1,2020 51,749,766 Prior Year Funding&Carryforward Amounts C/F forfeited asset funds-Sheriff (27,262) C/F forfeited asset funds-Comm Atty (35,508) C/F Albin convenience center (250,000) C/F Fire Company Capital (168,999) Reserve F&R proffer (15,000) C/F unfinished maintenance projects (51,281) C/F Chesapeake Bay grant (2,495) (550,545) Other Funding/Adjustments Airport Capital local share (414,376) No Excuse Early Voting (94,577) DHCD grant Inspections (1,650) COR refund-Toyota Lease Trust (6,627) COR refund-disabled veteran (5,264) COR refund-Artisan Plumbing (6,254) COR refund- Brian Omps Towing (3,660) COR refund- Fernando Velasco (3,808) COR refund- Lease Plan USA (25,297) (561,513) Fund Balance,September 10,2020 50,637,708 46 92 AP250 8/20/2020 ODNTY OF FMELERICK VA. 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OPEN PLRCRT E CEDERS *CPEQ* PEP£ 3 PERIOD- -2020/06 PC# VFNDIk PPPE FLNo-DEPr-LCC-ACCT DAM $AMZNT$ APPRVD BY ED D= =ptim --- ----- ---- ---------------- ---- ---------- --------- -------------- 0022586 011399 DFM TEMIOiOGIES 4010-035050-5410-000-000- 6/17/2020 2020/06 3,800.00 SCJ PAIISTIDY, 0022586 011399 DFM'TE3-� 4010-035050-5410-000-000- 6/17/2020 2020/06 100.00 SCREEN PAINTIDP SET UP FEE, 0022586 011399 DEID TE3-MLOGTES 4010-035050-5410-000-000- 6/17/2020 2020/06 800.00 SFIIPPEG AND FPNDLINO 0022586 011399 DEID TMFIDEOLOGIES 4010-035050-5410-000-000- 8/20/2020 2020/06 31,165.00- 1,575.00 ------------ 0022568 005211 SAFEMRE INC 4010-035050-5413-000-999- 6/18/2020 2020/06 6,312.00- 0022568 005211 SAFEMRE INC 4010-035050-5413-000-999- 7/23/2020 2020/06 6,871.40- 0022568 005211 SAFEAP.RE INC 4010-035050-5413-000-999- 7/23/2020 2020/06 13,183.40 .00 ------------ 0022568 005211 SAFEPVU;E INC 4010-035050-5605-000-002- 3/25/2020 2020/03 6,871.40 'TWIN Ca=D:E 1/4 UM ADFT. 0022568 005211 SAFEVM INC 4010-035050-5605-000-002- 3/25/2020 2020/03 6,312.00 742 P 100 FILTER PAIRS 0022568 005211 SAFE II;E INC 4010-035050-5605-000-002- 7/23/2020 2020/06 13,183.40- .00 ------------ 0022450 007019 CIMERCAL IAIILRY EITJIP 4010-035050-8009-000-000- 6/12/2019 2019/06 25,914.00 CaMbE TIAL 55 IB.EXIRAMOR 0022450 007019 C34VERCIAL IAIILRY EITJIP 4010-035050-8009-000-000- 6/12/2019 2019/06 820.00 MPACIDR 6"STEEL BASE 0022450 007019 C34VERCIAL IAUCRY FITJIP 4010-035050-8009-000-000- 6/12/2019 2019/06 1,000.00 allPPIbG DELIVERY INlSLUlA CN 0022450 007019 CCSMERCIAL IAINORY ETJP 4010-035050-8009-000-000- 6/12/2019 2019/06 1,250.00 SEEPPIDC DELI I v INSMT A=(N 0022450 007019 CCSMERCIAL IAINORY ETJP 4010-035050-8009-000-000- 6/12/2019 2019/06 1,250.00 SEEPPIDC iDELIVI v IDISPA1T.mrr(N 0022450 007019 CCSMERCIAL IAINORY ETJP 4010-035050-8009-000-000- 6/12/2019 2019/06 810.00 6' BASE IIVSTAL=CN,MWMIG 0022450 007019 C M'ERC7AL LkMZY ETIIP 4010-035050-8009-000-000- 12/18/2019 2019/12 10,298.00- 0022450 007019 cm&RCLAL LPIDICAY EIaJIP 4010-035050-8009-000-000- 12/18/2019 2019/12 993.00- 0022450 007019 cm&RCLAL LkmRY EIaJIP 4010-035050-8009-000-000- 12/18/2019 2019/12 9,638.00- 0022450 007019 CSMERCIAL.LKNORY B2aP 4010-035050-8009-000-000- 3/18/2020 2020/03 9,048.00- 1,067.00 ------------ 0022547 011404 STE I.AUCRY INC 4010-035050-8009-000-000- 2/03/2020 2020/02 6,765.00 SPEED QJEFN 40 E3.OURPCIOR 0022547 011404 SfU IALNCRY INC 4010-035050-8009-000-000- 2/03/2020 2020/02 450.00 6 ID75I S=MXNTING BASE 0022547 011404 FSE LAU RY IPC 4010-035050-8009-000-000- 2/03/2020 2020/02 750.00 VU&ER-EXTRPCIOR 0022547 011404 Fm LAU RY IPC 4010-035050-8009-000-000- 2/03/2020 2020/02 150.00 DELIVERY TO STATICN 17 0022547 011404 FM LA1111I2Y IDC 4010-035050-8009-000-000- 7/23/2020 2020/06 8,115.00- .00 ------------ DEPARUIM TDZUr 62,607.48 0022520 008750 CPIZOUSEL TNDDRIRTFR OF 4010-035060-8003-000-000- 10/16/2019 2019/10 148,885.86 VESTA 9-1-1 HAPU ARE REFRESH^" 0022520 008750 CPIZOUSEr INDUSRIE9 OF 4010-035060-8003-000-000- 3/05/2020 2020/03 74,442.93- 74,442.93 ------------ DEPAREII E IT TC1PS.- 74,442.93 0022588 004450 MAO-TEM SERVICE CFNIER 4010-042030-3004-000-002- 6/22/2020 2020/06 5,920.00 TRUCK EED REPIACK9EM 0022588 004450 MAO-TEM SERVICE(IIIlER 4010-042030-3004-000-002- 7/23/2020 2020/06 5,920.00- .00 ------------ 0022566 005995 P'IID-ATTADIITC WAME 4010-042030-8001-000-000- 3/20/2020 2020/03 181,200.00 MPRA'II-IQI 757HD 0111PACTORS/CAIS 0022566 005995 P'IID-A21ANTIC APS1E 4010-042030-8001-000-000- 5/14/2020 2020/05 7,600.00 188,800.00 SOFT S1Y1KT ------------ DEPAR21EN'TOML, 188,800.00 49 95 AP250 8/20/2020 cavey OF FRE RICK UA. OPEN PCRCR5SE CEDERS *CPFN* PAS 4 PERIOD- -2020/06 x# VENDt rim FUED-DEPT LCC AT DACE $AC(M$ APPMO BY FO D= =ptim --- ----- ---- ---------------- ---- ---------- --------- -------------- 0022486 004942 PRI7TS3EiT COVII201S INC 4010-043040-8001-000-006- 8/14/2019 2019/08 17,145.00 BO&M LIBRARY BAS UPGRADE 0022486 004942 PRI7TS3EiT COVII201S INC 4010-043040-8001-000-006- 10/09/2019 2019/10 1,000.00- 0022486 004942 PRTICHEIT OS7IIZC4S INC 4010-043040-8001-000-006- 10/22/2019 2019/10 7,500.00- 0022486 004942 PRTICHEIT ONIIZC4S INC 4010-043040-8001-000-006- 12/05/2019 2019/12 6,720.00 BAS CagML OS411ISSICNIN3- 0022486 004942 PRTICHEIT OS7IIZCLS INC 4010-043040-8001-000-006- 12/06/2019 2019/12 6,235.00- 0022486 004942 PRIICHENT OS71KCLS INC 4010-043040-8001-000-006- 6/09/2020 2020/06 5,720.00- 0022486 004942 PRIICHENT CagIRCLS INC 4010-043040-8001-000-006- 6/11/2020 2020/06 10,505.00 13,915.00 HAS/QYMUS R—IR/RHPLACE ------------ DEPAR TENT TOMLr 13,915.00 0022522 010071 EXPRESS PRESS 4010-071040-5410-000-000- 10/22/2019 2019/10 5,130.00 YOJII4 EASKETBALL LNIFOR"S 0022522 010071 EXPRESS PRE:~S 4010-071040-5410-000-000- 10/22/2019 2019/10 3,725.00 SPRITS'RACE-7RAIiS RACE 0022522 010071 EXPRESS PRESS 4010-071040-5410-000-000- 10/22/2019 2019/10 713.00 RIMEM,,(Ik 0022522 010071 EXPRESS PRESS 4010-071040-5410-000-000- 2/21/2020 2020/02 1,999.05- 0022522 010071 EXPRESS PRESS 4010-071040-5410-000-000- 2/21/2020 2020/02 1,374.84- 0022522 010071 EXPRESS PRESS 4010-071040-5410-000-000- 3/18/2020 2020/03 2,583.98- 3,610.13 ------------ 0022537 011259 P FRIM TENNIS O]UR15 4010-071040-8900-000-000- 12/16/2019 2019/12 12,840.00 PI'KLEEALL a)URp 0022537 011259 AKERICPN TENNIS CaR1S 4010-071040-8900-000-000- 7/23/2020 2020/06 12,840.00- .00 ------------ DEPAR IENP TOML, 3,610.13 0022557 005701 TRINITY TURF INC 4010-071090-5403-000-000- 2/27/2020 2020/02 2,500.00 SPRING AGRICULTURAL,SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071090-5403-000-000- 2/27/2020 2020/02 86.00 SPRING AGRICULTURAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071090-5403-000-000- 2/27/2020 2020/02 2,550.00 SPRING AGRICULTURAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071090-5403-000-000- 2/27/2020 2020/02 285.00 SPRING AGRICULTURAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071090-5403-000-000- 2/27/2020 2020/02 780.00 SPRIW,AGRICULTURAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071090-5403-000-000- 2/27/2020 2020/02 1,250.00 SPRIW,AGRIaRaIRAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071090-5403-000-000- 2/27/2020 2020/02 197.50 SPRIW,AGRIaRaIRAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071090-5403-000-000- 5/19/2020 2020/05 7,618.50- 0022557 005701 TRINITY TURF INC 4010-071090-5403-000-000- 6/08/2020 2020/06 30.00- .00 MaG G.5/19/2020 ------------ DEPARII ENP TOML .00 0022557 005701 TRINITY TURF INC 4010-071100-5403-000-000- 2/27/2020 2020/02 2,500.00 SPRING AGRICULTURAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071100-5403-000-000- 2/27/2020 2020/02 86.00 SPRING AGRIC11UTRAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071100-5403-000-000- 2/27/2020 2020/02 2,550.00 SPRING AGRIC11UTRAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071100-5403-000-000- 2/27/2020 2020/02 285.00 SPRING AGRICUUT RAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071100-5403-000-000- 2/27/2020 2020/02 720.00 SPRING AGRICUUT RAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071100-5403-000-000- 2/27/2020 2020/02 1,250.00 SPRING AGRICUUT RAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071100-5403-000-000- 2/27/2020 2020/02 197.50 SPRING AGRICULTURAL SUPPLIES 0022557 005701 TRINITY TURF INC 4010-071100-5403-000-000- 5/19/2020 2020/05 7,618.50- 0022557 005701 TRIBETY TURF INC 4010-071100-5403-000-000- 6/08/2020 2020/06 30.00 .00 W[aG G.5/19/2020 ------------ 0022543 004927 LUCK SiCNE CIZPCRP=(N 4010-071100-5413-000-000- 1/06/2020 2020/01 8,964.00 HATI.I n DL*CW MIX 0022543 004927 LOCK S M APICN 4010-071100-5413-000-000- 4/13/2020 2020/04 1,914.51- 50 96 AP250 8/20/2020 OJvTY OF FREDERICK VA. OPEN PLRCEASE CHDOIS *OPEN* PFD£ 5 PE2IC D- -2020/06 PC# VFNDI AY ISE F[No-DEPP-LCC-AMT LATE $AC(M$ APPRVD EY FU D= =ptim --- ----- ---- ---------------- ---- ---------- --------- -------------- 0022543 004927 LUUC S1CNE CCRPCRATTCN 4010-071100-5413-000-000- 4/21/2020 2020/04 2,162.57- 4,886.92 ------------ 0022584 004411 PINE KNDLL CIX81RU CN 4010-071100-8900-000-000- 6/11/2020 2020/06 108,075.58 108,075.58 BMIM LAKE TRAIL PFUJEC ------------ DEPAR24ENF TUML, 112,962.50 am TOTAL- ------------ 559,690.17 0022580 011513 AICEP-sac C RICM PAINPIM 4011-033010-3004-000-003- 5/05/2020 2020/05 5,000.00 SA CELAST MEDAL FRAME 0022580 011513 AILER.S(DIS C STCM PAINPIM 4011-033010-3004-000-003- 6/09/2020 2020/06 5,000.00- .00 ------------ 0022576 008797 ARCH ESPFRPRISE IW 4011-033010-5409-000-000- 4/28/2020 2020/04 163.50 X2»ROOSTER 0022576 008797 AXN ENTERPRISE IPIC 4011-033010-5409-000-000- 4/28/2020 2020/04 163.50 X2 BLACKFIM HMSTER 0022576 008797 AXN ENTERPRISE IPIC 4011-033010-5409-000-000- 4/28/2020 2020/04 5,647.50 X2 LIVE-15 FP. 0022576 008797 AXN ENTERPRISE IPIC 4011-033010-5409-000-000- 4/28/2020 2020/04 163.50 POWER DvGkza]E 0022576 008797 AXN ENTERPRISE IW 4011-033010-5409-000-000- 4/28/2020 2020/04 2,550.00 TASEt X2 CNN-S[ACX 0022576 008797 AXN ENTERPRISE IW 4011-033010-5409-000-000- 6/22/2020 2020/06 81688.00- .00 ------------ 0022579 008568 ArrPDMC TACTICAL UC 4011-033010-5409-000-000- 5/04/2020 2020/05 9,614.88 SAFARILAM XTRNNE VE31S 0022579 008568 ATLAMC TACTICAL INC 4011-033010-5409-000-000- 5/04/2020 2020/05 3,231.36 SAFAR.IIPDID VI VEST 0022579 008568 AnAMC TACTICAL IW 4011-033010-5409-000-000- 5/04/2020 2020/05 332.64 SAFARILAIID SDFP TRAIR PLATE 0022579 008568 AnAMC TACTICAL INC 4011-033010-5409-000-000- 5/04/2020 2020/05 95.04 LAiRCE:ID PANEL CCl6WTICN3 0022579 008568 A1LAMC TACTICAL 2C 4011-033010-5409-000-000- 5/04/2020 2020/05 63.84 EMERDIEERED NA1IFLAPE 0022579 008568 ATLAN7IZC TACTICAL 2C 4011-033010-5409-000-000- 5/04/2020 2020/05 32.00 13,369.76 SEW CN VEfJRD 1" ------------ 0022591 008568 A-UA TIC TACTICAL INC 4011-033010-5409-000-000- 6/24/2020 2020/06 2,498.00 AVE C:SIKK 0022591 008568 A-UA TIC TACTICAL INC 4011-033010-5409-000-000- 6/24/2020 2020/06 400.00 AVE CSSE 0022591 008568 ATLAMC TACTICAL 2C 4011-033010-5409-000-000- 6/24/2020 2020/06 463.80 AVON FILTERS 4 PLC 0022591 008568 ATLAMC TACTICAL 2C 4011-033010-5409-000-000- 6/24/2020 2020/06 5,880.00 PRIEal ELDE c 0022591 008568 ATLAbMC TACTICAL INC 4011-033010-5409-000-000- 6/24/2020 2020/06 3,192.00 12,433.80 SCSPENSICN SYSTEM ------------ 0022574 008614 PLEVA INC 4011-033010-8001-000-000- 4/22/2020 2020/04 6,845.00 MDRSE KEYMkMlER SYSTM 0022574 008614 PLEVA IW 4011-033010-8001-000-000- 4/22/2020 2020/04 254.00 SHIIPPIPP 0022574 008614 PLEVA IW 4011-033010-8001-000-000- 6/09/2020 2020/06 7,099.00- .00 ------------ DEPARIMSIT TOMO, 25,803.56 FQED TOTAL- ------------ 25,803.56 0022589 011526 RN ETIIHIENT N 4012-042040-8006-000-000- 6/22/2020 2020/06 85,380.00 CARISM CPS SYSTEM 0022589 011526 RN ETIIHIENT N 4012-042040-8006-000-000- 6/22/2020 2020/06 3,000.00 LABOR 0022589 011526 RID BOUTHIUE CO 4012-042040-8006-000-000- 6/22/2020 2020/06 3,000.00 SITE'TRAINIbG 51 97 AP250 8/20/2020 OD%II'Y OF FRF CK VA. OPEN PCRCRPSE ORDII7S *OPEN* PAGE 6 PERIOD- -2020/06 PC# VagDf DIPm F[No-DEPr-LCC A= DATE $AC(M$ APPRVD EY ED D= =ptim --- ----- ---- ---------------- ---- ---------- --------- -------------- 0022589 011526 RDD BOMH%INP OD 4012-042040-8006-000-000- 6/22/2020 2020/06 61000.00 CU41W OFFTCE 9DFlVPRE-2YRS 0022589 011526 RDD BOMHNINP Cl) 4012-042040-8006-000-000- 6/22/2020 2020/06 12,703.00- TRALE IN 0022589 011526 RDD BoaR SLP OD 4012-042040-800(5-000-000- 6/22/2020 2020/06 13,707.00- 70,970.00 C[B'ICNER D18OTNP ------------ DEPAR24ENr TUML, 70,970.00 ME) TDIAL- ------------ 70,970.00 0022582 011350 TH2-MLO(Y ET203 (N GR 4013-021090-5401-000-000- 5/18/2020 2020/05 10,387.23 256 SSD LAPIOPS+VMWIM 0022582 011350 TEl3WLO(Y M93=(N GR 4013-021090-5401-000-000- 6/18/2020 2020/06 7,101.15- 0022582 011350 TEIMLO(Y M93=(N GR 4013-021090-5401-000-000- 7/23/2020 2020/06 2,840.46- 0022582 011350 TEI-DIDIO(Y M93=(N GR 4013-021090-5401-000-000- 7/23/2020 2020/06 445.62- .00 ------------ DEPARTI�H 'R7L41L- .00 FUD TOTAL- ------------ .00 0022421 003868 PERRY E:3GA 2 N IDP 4027-012270-5413-000-007- 4/02/2019 2019/04 9,800,000.00 QDSSWER ELVD RD 0022421 003868 PERRY FNGIPffi2IDP CU iw- 4027-012270-5413-000-007- 4/02/2019 2019/04 7,792,682.83 CRDSSOVE2 BLVD RD 0022421 003868 PERRY IIIGIIffi2IDP N IDP 4027-012270-5413-000-007- 6/24/2019 2019/06 219,451.50- 0022421 003868 PERRY EN,-A CD IDP 4027-012270-5413-000-007- 6/24/2019 2019/06 182,836.00- 0022421 003868 PERRY Emm CD IDP 4027-012270-5413-000-007- 7/11/2019 2019/06 297,063.15- 0022421 003868 PERRY EI3 CD IDP 4027-012270-5413-000-007- 7/11/2019 2019/06 294,858.10- 0022421 003868 PERRY EN-2 D2IIP N IPP 4027-012270-5413-000-007- 8/09/2019 2019/08 281,267.90- 0022421 003868 PERRY EN-2 D2IIP N IPP 4027-012270-5413-000-007- 8/09/2019 2019/08 169,651.20- 0022421 003868 PERRY EN-2 D2IIP CD IPP 4027-012270-5413-000-007- 9/09/2019 2019/09 489,461.70- 0022421 003868 PERRY IIP CD IPP 4027-012270-5413-000-007- 9/09/2019 2019/09 436,931.10- 0022421 003868 PERRY IIP CD IPP 4027-012270-5413-000-007- 10/11/2019 2019/10 1,368,762.12- 0022421 003868 PERRY IIP CD IPP 4027-012270-5413-000-007- 10/11/2019 2019/10 286,607.01- 0022421 003868 PERRY EMUSEE2IIP M IPP 4027-012270-5413-000-007- 11/08/2019 2019/11 488,477.44- 0022421 003868 PERRY EMUSEE2IIP CD IPP 4027-012270-5413-000-007- 11/08/2019 2019/11 1,236,778.01- 0022421 003868 PERRY F13SINEERIM CD IPP 4027-012270-5413-000-007- 12/06/2019 2019/12 316,441.52- 0022421 003868 PERRY ENGINEEPLUG CD IPP 4027-012270-5413-000-007- 12/06/2019 2019/12 793,255.13- 0022421 003868 PERRY EGINFFRTG CD IPP 4027-012270-5413-000-007- 12/18/2019 2019/12 243,217.70 C[-POLE ODER 41 0022421 003868 PERRY INGIIIEER4�N IPP 4027-012270-5413-000-007- 1/09/2020 2020/01 120,550.79- 0022421 003868 PERRY E:3GAffi2IPP CD IPP 4027-012270-5413-000-007- 1/09/2020 2020/01 185,996.47- 0022421 003868 PERRY II3SIIffiPAP CD IPP 4027-012270-5413-000-007- 2/06/2020 2020/02 193,687.32- 0022421 003868 PERRY E:9GAffi2IPP N IPP 4027-012270-5413-000-007- 2/06/2020 2020/02 197,696.96- 0022421 003868 PERRY E:9GAffi2IPP N IPP 4027-012270-5413-000-007- 3/05/2020 2020/03 1,968,456.99- 0022421 003868 PERRY E:9GAffi2IPP N IPP 4027-012270-5413-000-007- 3/05/2020 2020/03 379,479.13- 0022421 003868 PERRY ENGI N IPP 4027-012270-5413-000-007- 4/02/2020 2020/04 221,629.53- 0022421 003868 PERRY ENGI N IPP 4027-012270-5413-000-007- 4/02/2020 2020/04 149,492.00- 0022421 003868 PERRY ENGI N IPP 4027-012270-5413-000-007- 5/11/2020 2020/05 273,638.94- 0022421 003868 PERRY ENGI N IDP 4027-012270-5413-000-007- 5/11/2020 2020/05 118,958.15- 0022421 003868 PERRY ENGI N IDP 4027-012270-5413-000-007- 6/10/2020 2020/06 528,028.06- 0022421 003868 PERRY ENGI N IDP 4027-012270-5413-000-007- 6/10/2020 2020/06 445,724.78- 0022421 003868 PERRY EN-a D2IIP CD IPP 4027-012270-5413-000-007- 7/09/2020 2020/06 428,596.54- 52 98 AP250 8/20/2020 OaNTY OF FROCK VA. OPEN PURCHASE ORDERS *OPEN* PEP£ 7 PERIC%D- -2020/06 PC4 VE Dt lum F[No-DEPr-LCC-ACCT DATE $A C NT$ APPWD BY ED D= =ptim --- ----- ---- ---------------- ---- ---------- --------- -------------- 0022421 003868 PERRY II3GA Nffi2IPP CD IP- 4027-012270-5413-000-007- 7/09/2020 2020/06 56,773.53-5,705,349.46 ------------ DEPARDINT TO]AL, 5,705,349.46 FUND TOTAL- ------------ 5,705,349.46 0022577 006949 DgLU RY SAFETY AND SUPPLY 4030-013300-5404-000-000- 5/01/2020 2020/05 13,619.25 3M N95-8511 RESPIRATOR FRISKS 0022577 006949 MALU RY SAFETY AND SUPPLY 4030-013300-5404-000-000- 5/01/2020 2020/05 200.00 13,819.25 SHIPPIDP AM FPICLUG ------------ 0022583 005211 SAFESARE INC 4030-013300-5404-000-000- 6/11/2020 2020/06 24,180.00 3M N95 MkW 0022583 005211 SAFE11;E INC 4030-013300-5404-000-000- 6/11/2020 2020/06 9,100.00 33,280.00 3M N 95 MASKS 91YILL ------------ DEPAR24ENF TO1PS.- 47,099.25 FIDID TDIAL- ------------ 47,099.25 0022563 000625 CONSOLIDATED ELECTRIC 4085-081030-8001-000-000- 3/11/2020 2020/03 6,370.00 ONE DOUBLE NEIER SLACK 0022563 000625 p1793rsnamFn ELECTRIC 4085-081030-8001-000-000- 7/23/2020 2020/06 6,370.00- .00 ------------ 0022578 000405 L.SE'FENCE CGWPNY 4085-081030-8001-000-000- 5/04/2020 2020/05 27,332.00 NEW CATFS AM FENCE PER SPEC. 0022578 000405 LCW3 FENCE CCM2P NY 4085-081030-8001-000-000- 5/04/2020 2020/05 10,352.00 ALTITPNITSD GUE OPERATOR 0022578 000405 ICDK;FENCE CTMPPNY 4085-081030-8001-000-000- 8/20/2020 2020/06 27,332.00- 10,352.00 ------------ 0022530 007680 BTAIXH BROTHERS INC 4085-081030-8801-000-043- 11/20/2019 2019/11 16,658.35 TRFNE 15 TCN PACEACE 0022530 007680 BTAIXH BROTHERS INC 4085-081030-8801-000-043- 7/23/2020 2020/06 16,658.35- .00 ------------ 0022512 003802 DELTA A.IRP T CSISUDTPNIS 4085-081030-8801-000-172- 9/30/2019 2019/09 290,000.00 T47Y A/APR N P%11WT (DESICN) 0022512 003802 DELTA A.IRP T CSISULUNIS 4085-081030-8801-000-172- 11/21/2019 2019/11 53,610.50- 0022512 003802 DELTA AIRPORT C3QSM'Bi S 4085-081030-8801-000-172- 1/23/2020 2020/01 13,250.00- 0022512 003802 DELTA AIRPW C3QS[II.TANLS 4085-081030-8801-000-172- 2/25/2020 2020/02 13,250.00- 0022512 003802 DELTA AIRPORT Ca\VM'ANLS 4085-081030-8801-000-172- 3/19/2020 2020/03 13,250.00- 0022512 003802 DELTA AIRPORT OS1SUUffVTS 4085-081030-8801-000-172- 4/10/2020 2020/04 13,328.98- 0022512 003802 DELTA AIRPORT OS1SULffVTS 4085-081030-8801-000-172- 5/21/2020 2020/05 13,250.00- 0022512 003802 DELTA AIRPW IXNSCLMM 4085-081030-8801-000-172- 6/22/2020 2020/06 26,548.88- 0022512 003802 DELTA AIRRCRT IXNS[IITTPNTS 4085-081030-8801-000-172- 7/09/2020 2020/06 13,537.79- 129,973.85 ------------ 0022441 003802 DELTA AIRPORT CDNSULffll TS 4085-081030-8801-000-203- 6/05/2019 2019/06 205,000.00 DESIGN SERVICES 0022441 003802 DELTA AIRPORT CDNS[L`fflZ S 4085-081030-8801-000-203- 8/09/2019 2019/08 15,700.84- 0022441 003802 DELTA AIRPORT CaqSM'HUIS 4085-081030-8801-000-203- 8/26/2019 2019/08 26,501.28- 0022441 003802 DELTA AIRPORT CSISLIIIlPNTS 4085-081030-8801-000-203- 10/11/2019 2019/10 31,408.34- 0022441 003802 DELTA AIRPORT CSISLIIIlPNTS 4085-081030-8801-000-203- 10/24/2019 2019/10 45,503.18- 0022441 003802 DELTA AIRPW CS1SMUNTS 4085-081030-8801-000-203- 11/21/2019 2019/11 38,917.42- 53 99 AP250 8/20/2020 OD%II'Y OF FI�Qt VA. OPEN PLRCRlSE ORDII7S *OPEN* PAGE 8 PERIOD- -2020/06 PC# VagDf lum F[No-DEPr-LCC A= DATE $AC(M$ APPWD EY EO D= =Ptim --- ----- ---- ---------------- ---- ---------- --------- -------------- 0022441 003802 DELTA AIRPM O3VSWffWM 4085-081030-8801-000-203- 1/23/2020 2020/01 9,721.16- 0022441 003802 DELTA AIRPM OS1S[L'HNM 4085-081030-8801-000-203- 5/21/2020 2020/05 3,360.98- 0022441 003802 DEMA A-UUIO T OSISCIDIP M 4085-081030-8801-000-203- 7/09/2020 2020/06 10,(535.43- 0022441 003802 DEMA A-UUI a'O3VSCIIMM 4085-081030-8801-000-203- 7/09/2020 2020/06 23,251.37- .00 ------------ 0022505 003802 DELTA A-UUIC T OSISWffIZ S 4085-081030-8801-000-205- 9/16/2019 2019/09 35,000.00 EWINEEPIW3&DESI(N SEKVICE 0022505 003802 DELTA AIRPORT OSISWffIZ S 4085-081030-8801-000-205- 10/24/2019 2019/10 13,500.00- 0022505 003802 DELTA AD&IOKP CaCILIANIS 4085-081030-8801-000-205- 11/21/2019 2019/11 8,100.00- 0022505 003802 DELTA AD&IOKP CaCILIANIS 4085-081030-8801-000-205- 12/20/2019 2019/12 2,700.00- 0022505 003802 DELTA AD&IOKP CaCW1ANi5 4085-081030-8801-000-205- 2/25/2020 2020/02 2,915.14- 0022505 003802 DELTA A-UUIHI'OSISOLTANM 4085-081030-8801-000-205- 3/19/2020 2020/03 2,274.20- 0022505 003802 DELTA A-UUIHI'CaISOLTANIS 4085-081030-8801-000-205- 4/10/2020 2020/04 993.24- 0022505 003802 DELTA A-UUICLP OSIS[IL7PNIS 4085-081030-8801-000-205- 5/21/2020 2020/05 1,406.87- 0022505 003802 DELTA A-UUICLP OSIS[IL7PNIS 4085-081030-8801-000-205- 6/22/2020 2020/06 2,361.24- 0022505 003802 DELTA A-UUICLP OSIS[II,TANIS 4085-081030-8801-000-205- 6/22/2020 2020/06 749.31- .00 ------------ DEPART4Nr'iMU 140,325.85 PUD TOTAL- ------------ 140,325.85* ------------ 6,549,238.29* 54 100 kI rederick County Public Schools Patty Camery,Executive Director of Finance cameryp@fcpskl2.net wemorandum DATE: August 19, 2020 TO: Cheryl Shiffler, Finance Director Sharon Kibler, Assistant Director of Finance FROM: Patty D. Camery, Executive Director of Finance RE: FY2020 Carryforward for Year-End Outstanding Encumbrances Attached is the FY 2020 outstanding encumbrance list for carryforward. Also attached is the entry to post. Please send me the approval and posting action once complete. Thank you for handling this request. Attachments (2) 55 101 Fund Description PO N Vendor Name PO Date Open Amount Item Description SCHOOL OPERATING FUND 20190831 Overhead Door Company Of Shenandoah 05/13/2019 977.82 Furnish&Install Emergency Stop Shoes SCHOOL OPERATING FU NO 20200153 CWPR 07/15/2019 13,000.00 Design Softball Field Improvements SCHOOL OPERATING FUND 20200401 Tyler Technologies,Inc. 11/01/2019 8,976.68 9 days of on site training SCHOOL OPERATING FUND 20200403 Tyler Technologies,Inc. 11/01/2019 4,800.00 Travel expense Training. SCHOOL OPERATING FUND 20200417 Tyler Technologies,Inc. 11/11/2019 2,560.00 PCG/GEMS INTERGRATION SCHOOL OPERATING FUND 20200434 Cooper Building Services,LLC 11/22/2019 76,265.97 Security SCHOOL OPERATING FUND 20200474 Inboden Environmental Service 12/1812019 9,995.92 Install Tank Lid Replacement SCHOOL OPERATING FUND 20200568 Str3ngw3ys Enterprises,Inc. 02/24/2020 110,535.34 Lighting SCHOOL OPERATING FUND 202GOS33 Pritchett Controls,Inc 03/09/2020 14,000.00 Upgrade the existing SAS AX platform SCHOOL OPERATING FUND 20200538 Bear Communications,Inc. 03/12/2020 60,403-50 Transportation Radio System Upgrade SCHOOL OPERATING FUND 20200597 Btauch Brothers,Inc. 03/1712020 68,977.50 JWHS Remove&Replace Heat Pumps SCHOOL OPERATING FUND 20200605 A Step Above Contracting,LLC 03/19/2020 4,000.00 New Graves for Remains found @ REAMS SCHOOL OPERATING FUND 20200612 Playground Specialists,Inc. 03/20/2020 145,671.98 Playground Equipment SCHOOL OPERATING FUND 20200615 Diverif,ed Educational Systems,Inc. 03/20/2020 323,474.00 Furniture SCHOOL OPERATING FUND 20200613 Strangw3ys Enterprises,Inc. 04/01/2020 24,65337 Lighting SCHOOL OPERATING FUND 20200636 Alamo Music Center,Inc. 04/21/2020 4,478.00 2 Marching Euphonium SCHOOL OPERATING FUND 20200653 Le0i Professional Services, 04/27/2020 6,410.25 Room Camera SCHOOL OPERATING FUND 20200660 COW Government,LLC 04/27/2020 669.40 (10)Logitech HD Pro Webcam C920S SCHOOL OPERATING FUND 20200662 Marsh&Legge Land Surveyors, 04/28/2020 1,200.00 Final easement plat and tax map REAMS SCHOOL OPERATING FUND 202005561.D.Roy Excavating,Inc. 04/29/2020 37,640.00 RECAccess SCHOOL OPERATING FUND 20200681 Walls Vault Service,LLC 04/3012D20 2,200,DO Monuments for the graves found at REAMS SCHOOL OPERATING FUND 20200690 CD.V Government,LLC 05/12/2020 112,167.00 Chromebooks SCHOOL OPERATING FUND 20200695 Miracle Recreation Equipment OS/14/2020 20,227.00 Playground Equipment SCHOOL OPERATING FUND 20200699 Photoworks Creative Group,Inc. 05/18/2020 25,917.66 Signage SCHOOL OPERATING FUND 20200700 Logical Front,LLC 05/20/2020 7,800.00 Remote Virtual Desktop Assistance SCHOOL OPERATING FUND 20200706 Riddleberger Bros..,Inc. 05/27/2020 20,190.00 Chiller Service Agreement 9 locations SCHOOL OPERATING FUND 20200712 Miller's Supplies At Work 06/03/2020 15,436.54 Furniture SCHOOL OPERATING FUND 20200716 COW Government,LLC 06/15/2020 235,934.00 Chromebooks SCHOOL OPERATING FUND 20200718 Dell Marketing,L.P. 06/15/2020 36,690.06 Dell Desktop Computers SCHOOL OPERATING FUND 20200727 Dell Marketing,L.P. 06/25/2020 2,206.68 Dell Latitude Laptop Total Fund 50 School Operating Find 1,397,457.67 CAPITAL PROJECTS FUND 2D200D22 OWPR 06111/2019 2,000.00 A&E Roof Replacement SWES CAPITAL PROJECTS FUND 20200025 OWPR 06/12/2019 18,500.00 MHS M54 A&E Services CAPITAL PROJECTS FUND 20200307 OWPR 09/12/2019 2,4DO.DD A&E Services CAPITAL PROJECTS FUND 20200434 Cooper Building Services,LLC 11/22/2019 118,361.58 Entrance Security Enhancement Various Locations CAPITAL PROJECTS FUND 20200511 Anderson Roofing&Sheet Metal 01/22/2020 126,829.00 Roof Replacement CAPITAL PROJECTS FUND 20200540 Don Largent Roofing,Inc. 01/30/2020 409,755.00 Roof Replacement SWES CAPITAL PROJECTS FUND 20200568 Strangw3ys Enterprises,Inc. 02/24/2020 9,53355 Auditorium Lighting Upgrades for JWHS Total Fund 59 Capital Projects Fun.1 687,379.13 CONSTRUCTION FUND 46,469 OWPR 12/22/2016 185,504.85 A&E for 4th High School CONSTRUCTION FUND 49808 OWPR 12/22/2016 7,770.00 A&E Armel Renovations CONSTRUCTION FUND 20180837 Grimm and Parker Architecture 06/01/2018 7,475.00 A&E Services JSFS CONSTRUCTION FUND 20180890 Vola Engineering,PC 06/15/2018 3,456.65 Third party testing JSFS CONSTRUCTION FUND 20190371 C&W-TESCO,Inc. 08/30/2018 24,390.00 Commissioning JSES CONSTRUCTION FUND 20190452 Kinsley Construction,Inc 09/27/2018 1,456,735.79 Phase 2 Sitework and Construction JSFS CONSTRUCTION FUND 20190789 RRMM Architects,PC 04/16/2019 449,107.27 A&€Services for REAMS CONSTRUCTION FUND 20190799 Branch Builds,Inc. 04/24/2019 30,172,735.55 Construction REAMS CONSTRUCTION FUND 20200157 Comcast Holdings Corporation 07/10/2019 19,583.00 Custom Installation Fee REAMS CONSTRUCTION FUND 20200252 Fort Hill Associates,LLC 08/20/2019 24,800-00 Construction audit REAMS CONSTRUCTION FUND 20200392 ECS Mid-Atlantic.,LLC 10/29/2019 66,078.68 Site Work REAMS CONSTRUCTION FUND 20200444 Setty&Associates,Ltd. 12/04/2019 92,488.00 Engineering Services at REAMS CONSTRUCTION FUND 20200.155 Audio Enhancement,Inc. 12/09/2019 12,330.00 Audio/Intercom System JSES CONSTRUCTION FUND 202DO487 Diversified Educational Systems,Inc. 01/08/2020 714,230.00 Casework and Millwork REAMS CONSTRUCTION FUND 2020o608 Commonwealth School Equipment 03/20/2020 4,735.00 Library furniture)SES CONSTRUCTION FUND 20200610 Follett School Solutions,Inc 03/20/2020 96,555.00 Books for JSES CONSTRUCTION FUND 20200611 Commonwealth School Equipment 03/20/2020 55,583.40 JSE5 Library Furniture CONSTRUCTION FUND 20200613 School Specialty 03/20/2020 190,924.31 Furniture for JSES CONSTRUCTION FUND 20200614 Diversified Educational Systems,Inc. 03/20/2020 608,344.78 Furniture JSES CONSTRUCTION FUND 20200652 Diversified Educational Systems,Inc. 04/27/2020 4,870.00 OT/PT kitchen casework at)SES CONSTRUCTION FUND 20200684 Lowe's Companies,Inc. 05/05/2020 5,032.74 Appliances for JSES CONSTRUCTION FUND 20200699PhotoworksCreative Group,Inc 05/18/2020 4,282.34 Signage forJ5E5 CONSTRUCTION FUND 20200705 Data Business Systems 05/22/2020 4,180.00 POS Cafe system JSES CONSTRUCTION FUND 20200711 Hi-Tek Rrz,LLC 06/02/2020 9,740.00 JSES kitchen equipment CONSTRUCTION FUND 20200721 Lyle P Strosnyder,Inc. 06/16/2020 8,586.00 Installation of Ktchenette at JSES CONSTRUCTION FUND 20200723 Didax,Inc. 06118/2020 11,366.44 Various Instructional Materials JSES CONSTRUCTION FUND 20200724 Lowe's Companies,Inc. 06/18/2020 1,221.96 Washer and Dryer for JSES CONSTRUCTION FUND 20200728 COW Government,LLC 06/30/2020 5,576.74 Viewboards for JSES Total Fund 60 Construction Fund 34,250,663-50 Total All Funds 36,335,520.30 56 102 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 23, 2020 ��GrN Agenda Section: County Officials Title: Committee Appointments 1. Parks and Recreation Commission Four-year term of Shawnee District Rep. Guss Morrison expires 9-28-20 Mr. Morrison is eligible and willing to serve another term. Attachments: BOS09-23-20Board Comm itteeAppts(09172020Mtg).pdf 103 .r COUNTY of FREDERICK Office of the County Administrator tigGl\'f 173_ Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: September 17, 2020 RE: Committee Appointments Listed below are the vacancies/appointments due through October 2020. As a reminder, in order that everyone have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. SEPTEMBER 2020 Parks and Recreation Commission Guss L. Morrison — Shawnee District Representative 138 Cahille Drive Winchester, VA 22602 Phone: (540)450-8916 Term Expires: 09/28/20 Four-year appointment (Mr. Morrison is willing to continue serving.) (The Parks and Recreation Commission is comprised of eight members, one member from each magisterial district and two members at large. Members serve a four-year term and are eligible for reappointment.) VACANCIES/OTHER Social Services Board Ryan C. Shaw — Red Bud District Representative 110 Foxglove Drive Winchester, VA 22602 104 Memorandum — Board of Supervisors September 17, 2020 Page 2 Phone: 877-4978 Term Expires: 06/30/20 Four-year term (Mr. Shaw has moved from the Red Bud District.) Susan J. Brinkmeier— Member-At-Large 216 Centennial Drive Stephenson, VA 22656 Term Expires: 05/24/21 Four-year term (Staff has been advised that Ms. Brinkmeier has moved out of state.) (The Social Services Board is comprised of seven members, one member from each magisterial district and one member at large. Members serve a four-year term and are limited to two consecutive terms.) Board of Equalization Luther O. Stiles — Frederick County Representative 114 Lane Street Stephens City, VA 22655 Home: (540)869-2504 Term: 01/01/17 - 12/31/19 Three-year term (Mr. Stiles did not wish to serve another term.) (The Board of Equalization is composed of five members. Members must be free holders in the county. In October 2010, the Board of Supervisors appointed the Board of Equalization as a "permanent"board for subsequent reassessments. The original five members were appointed for the following terms: one member for a one-year term, one member for a two-year term, and three members for a three-year term. Going forward, all future appointments shall be for a three-year term. Recommendation for appointment/reappointment are made by the Board of Supervisors and submitted to the Judge of the Frederick County Circuit Court for final appointment.) Winchester-Frederick County Tourism Board Joint Appointment with the City of Winchester Karen B. Helm — Non-Profit Sector Representative 105 Memorandum — Board of Supervisors September 17, 2020 Page 3 311 Fairmont Avenue Winchester, VA 22601 Phone: (540)327-2467 Term Expires: 06/30/20 Three-year term James E. Richard, Jr. — Private Sector Representative Richard's Fruit Market 6410 Middle Road Middletown, VA 22645 Phone: (540)869-1455 Term Expires: 06/30/20 Three-year term Andy Gyurisin — Private Sector Representative 177 Kernstown Commons Blvd. Winchester, VA 22602 Office: (540)667-1322, Ext. 111 Term Expired: 06/30/19 Three-year term (The Executive Tourism Director advised the Tourism Board unanimously recommends to the Board of Supervisors and City Council the appointment of Laura Kerr, Julie Shaffer and Josh Huff. The process is still ongoing with the City of Winchester. The Tourism Board was formed by Joint Resolution of the Board of Supervisors and the City Council in April 2001.) AWP/tjp U:\TJ Rcom m itteeappoi ntments\MmosLettrs\Board Comm itteeAppts(09232020 Bd Mtg).docx 106 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 23, 2020 ��Gt• Agenda Section: Committee Business - Code and Ordinance Committee Title: Proposed Revision to Frederick County Code, Chapter 158 (Vehicles and Traffic), to add new Section 155-18.1, to designate the roads and streets within the Lake Frederick (Shenandoah) Subdivision as highways for law enforcement purposes. The proposed ordinance would designate the private roads and streets in the Lake Frederick (Shenandoah) Subdivision as highways for law enforcement purposes, consistent with the authorization under Virginia Code §46.2-1307. The language is similar to that currently in the county code relative to Shawneeland, Wilde Acres, and Lake Holiday subdivisions. The proposed ordinance was considered by the Public Safety Committee and the Committee referred it to the Code & Ordinance Committee with a recommendation of approval. The Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. Attachments: 107 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 23, 2020 ��Gt• Agenda Section: Committee Business - Code and Ordinance Committee Title: Proposed revision to Frederick County Code, Chapter 86 (Festivals). The Committee discussed the revised definition and what types of events/organizations might need a permit under the revised ordinance. They also discussed the current Zoning Ordinance and what protections currently exist that might address many of the issues that could arise if the existing festival permit ordinance were to be repealed. The Committee unanimously forwarded to the Board of Supervisors for public hearing a recommendation of repeal of Chapter 86 (Festivals). Attachments: BOS09-23-2020CodeAndOrdinanceCommitteeReport14September2020.pdf 108 CODE&ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday,September 14,2020 4:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present: J.Douglas McCarthy,Chair;Blaine P.Dunn; Stephen Butler,and James Drown Committee Members Absent: Derek Aston Staff Present:Roderick B.Williams,County Attorney;Jay E.Tibbs,Deputy County Administrator ITEMS FOR BOARD OF SUPERVISORS ACTION: 1. Proposed Revision to Frederick County Code,Chapter 158(Vehicles and Traffic),to add new Section 155-18.1,to designate the roads and streets within the Lake Frederick(Shenandoah)Subdivision as highways for law enforcement purposes. Mr.Williams reviewed the proposed revision,which came as a request from the Lake Frederick Homeowners Association. The proposed ordinance would designate the private roads and streets in the Lake Frederick(Shenandoah)Subdivision as highways for law enforcement purposes,consistent with the authorization under Virginia Code§46.2-1307. The language is similar to that currently in the county code relative to Shawneeland,Wilde Acres,and Lake Holiday subdivisions. The proposed ordinance was considered by the Public Safety Committee and the Committee referred it to the Code&Ordinance Committee with a recommendation of approval. Upon a motion by Mr.Dunn,seconded by Mr.Butler,the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. 2. Proposed revision to Frederick County Code,Chapter 86(Festivals). Mr.Williams reviewed the proposed revision to Chapter 86 Festivals. He noted staff had worked over the past several months in an effort to have the ordinance best meet the objective of effectively regulating large outdoor gatherings and,at the same time,best relate to corresponding provisions of the Zoning Ordinance. He noted the key changes which included a revised definition,permit would accommodate one-time events,and the revision would shift administration of the ordinance from County Administration to the Planning Department. The Committee discussed the revised definition and what types of events/organizations might need a permit under the revised ordinance. They also discussed the current Zoning Ordinance and what protections currently exist that might address many of the issues that could arise if the existing festival permit ordinance were to be repealed. Upon a motion by Mr.Drown,seconded by Mr.Butler,the Code and Ordinance Committee forwarded to the Board of Supervisors for public hearing a recommendation of repeal of Chapter 86(Festivals). The motion was unanimously approved ITEMS FOR BOARD OF SUPERVISORS INFORMATION: Mr.Dunn asked for the committee's consideration of a"bubble"ordinance to protect police and political candidates from individuals getting extremely close to their person or face and shouting obscenities. The Committee felt this was more of a state law issue and they were not sure the County could pass its own ordinance. There being no further business,the meeting was adjourned at 4:50 p.m. 109 COUNTY OF FREDERICK Roderick B.Williams County Attorney ■ 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code& Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: September 8, 2020 RE: Committee Meeting— September 14, 2020 Please be advised that the Code& Ordinance Committee will meet on Monday, September 14,2020, at 4:00 p.m.,in the First Floor Conference Room of the County Administration Building, 107 North Kent Street,Winchester,Virginia. The proposed agenda for the meeting is as follows: 1. Adoption of agenda. 2. Proposed revision to County Code Chapter 158 (Vehicles and Traffic), to add a new Section 155-18.1,to designate the roads and streets within the Lake Frederick (Shenandoah) Subdivision as highways for law enforcement purposes. Explanatory materials re this item and a draft of the revision, addressed to Public Safety Committee, are attached as Attachment 1. The Public Safety Committee, at its meeting on August 20, 2020, recommended forwarding the item to this Committee. A recommendation to the Board of Supervisors on the proposed revised ordinance is respectfully requested. 3. Proposed revision to County Code Chapter 86 (Festivals). Explanatory materials re this item and a draft of the revision are attached as Attachment 2. A recommendation to the Board of Supervisors on the proposed revised ordinance is respectfully requested. 4. Any other business. 5. Adjournment. Attachments 107 North Kent Street • Winchester, Virginia 22601 110 Code & Ordinance Committee Agenda 9-14-20 - Attachment 1 COUNTY OF FREDERICK f Roderick B. Williams County Attorney 540/722-8383 (;Ily` Fax 540/667-0370 E-mail: rwillia@fcva.us MEMORANDUM TO: Public Safety Committee FROM: Roderick B. Williams County Attorney DATE: February 22, 2020 RE: Lake Frederick(Shenandoah) Subdivision—Designation of private roads and streets as highways for law enforcement purposes The County has received a request for the private roads and streets in the Lake Frederick (Shenandoah) Subdivision to be designated as highways for law enforcement purposes. The significance of this designation, if approved, is that, at present, because the roads are private, law enforcement officers do not have authority to issue summonses for routine traffic offenses (such as for speeding, stop signs, and the like) on those roads.' Virginia Code § 46.2-1307 (copy attached) provides, however, that a locality may designate the private roads within any residential development containing 100 or more lots or residential dwelling units, as highways for law enforcement purposes. The Lake Frederick(Shenandoah) Subdivision contains 100 or more residential dwelling units. Attached is a proposed ordinance that would designate the private roads and streets in the Lake Frederick(Shenandoah) Subdivision as highways for law enforcement purposes, consistent with the authorization under Virginia Code § 46.2-1307. The language in proposed County Code § 155-18.1 is identical to that in County Code §§ 158-16 and 158-18, relative to the Shawneeland and Lake Holiday Subdivisions, respectively. Committee action on the proposed ordinance is requested. If the Committee is favorably disposed to the proposed ordinance, referral to the Code & Ordinance Committee would be appropriate. Attachments ' Serious traffic offenses, such as reckless driving and driving under the influence,are misdemeanors under Virginia law and,as a result,these offenses may be prosecuted irrespective of whether the conduct takes place on public roads or on private property. As long as an individual is in the act of operating a motor vehicle and his conduct otherwise meets the elements of the offense,the offense may be charged. 107 North Kent Street - Winchester, Virginia 22601 111 Code of Virginia Title 46.2. Motor Vehicles Chapter 13. Powers of Local Governments § 46.2-1307. Designation of private roads as highways for law- enforcement purposes The governing body of any county, city, or town may adopt ordinances designating the private roads, within any residential development containing 100 or more lots or residential dwelling units, as highways for law-enforcement purposes. Such ordinance may also provide for certification of road signs and speed limits by private licensed professional engineers using criteria developed by the Commissioner of Highways, and, for law-enforcement purposes, such certification shall have the same effect as if certified by the Commissioner of Highways. 1979, c. 100, § 46.1-181.5; 1987, c. 152; 1989, c. 727; 2007, cc. 74, 187, 310. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 2/22/2020 112 .f I ! I ' \pfif.li, 173 ORDINANCE _, 2020 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 158-18.1 of Article IV (Law Enforcement of Private Roads and Streets) of Chapter 158 (Vehicles and Traffic) of the Code of Frederick County, Virginia be, and the same hereby is, enacted, to read as follows and to take effect immediately: CHAPTER 158 VEHICLES AND TRAFFIC Article IV Law Enforcement of Private Roads and Streets §158-18.1 General restrictions A. The private roads and streets in the subdivision known as "Lake Frederick", also known as "Shenandoah", shall be designated as highways for law enforcement purposes only. B. Certification of road signs and speed limits by private licensed professional engineers using criteria developed by the Commonwealth Transportation Commissioner shall be permitted, and, for law enforcement purposes, such certification shall have the same effect as if certified by the Commonwealth Transportation Commissioner. Enacted this day of 2020. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 113 Code & Ordinance Committee Agenda 9-14-20 - Attachment 2 COUNTY OF FREDERICK f Roderick B. Williams County Attorney 540/722-8383 (;Ily` Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: August 18, 2020 RE: County Code, Chapter 86 —Festivals/Commercial Outdoor Events County Administration, Planning staff, and I have worked over the past several months on revisions to the County's current festival ordinance, Chapter 86 of the County Code, in an effort to have the ordinance best meet the objective of effectively regulating large outdoor gatherings and, at the same time, best relate to corresponding provisions of the Zoning Ordinance. Attached is a proposed revised ordinance that we have developed, for the Committee's consideration. A key change in the proposed revised ordinance is a change in the definition of the type of events that the ordinance would cover. At present, the ordinance applies to any "musical or entertainment festival or festival": Any gathering of more than 100 individuals or of a commercial nature, if either is for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted outdoors, not within an enclosed structure. Such activities shall be deemed commercial when a business license is obtained or is required to be obtained, or, if a business license is not required, when a charge is imposed for admission to or in connection with the activity. As proposed, the ordinance would apply to any "commercial outdoor event": An activity, at a specific outdoor location, which is open to the public, where admission is charged or where donations are accepted, and which event will have more than 100 persons in attendance at any given time. 107 North Kent Street - Winchester, Virginia 22601 114 The new definition attempts to simplify ascertainment of what constitutes a covered event. Along these lines, the proposal revised ordinance changes the term, and the title of the Chapter, from "Festivals" to the more generic "Commercial Outdoor Events". The new definition also removes the requirement that the event be"entertainment" and that the same "consists primarily of musical renditions". Many of the health and safety concerns related to gatherings are present irrespective of whether the music is a primary focus of the event. In addition, the definition moves away from reliance on business license references and instead simply covers events if admission is charged or donations are accepted. The proposed revised ordinance also makes clear that the intent of permits under the ordinance is to accommodate one-time events. Recurring events likely require a conditional use permit under the zoning ordinance (or perhaps even a rezoning) and the proposed revised ordinance recognizes that. Finally, the proposed revised ordinance would shift administration of the ordinance from the County Administrator's Office to the Planning Department. This is in light of the fact that much of the analysis related to the appropriateness of a permit under the ordinance entails the same considerations as are relevant to land use matters (such as rezonings and conditional use permits). The Planning Department, of course, is best equipped to provide that analysis. Also attached for reference are a proposed permit application form and a copy of the current ordinance. A recommendation to the Board of Supervisors on the proposed revised ordinance is respectfully requested. Attachments: Proposed revised ordinance Proposed permit application form Current ordinance 115 .f I ! I ' \pfif.li, 173 ORDINANCE __' 2020 The Board of Supervisors of Frederick County, Virginia hereby ordains that Chapter 86 (Festivals) of the Code of Frederick County, Virginia be, and the same hereby is, amended in its entirety, to read as follows and to take effect immediately: CHAPTER 86 COMMERCIAL OUTDOOR EVENTS § 86-1 Purpose. This chapter is enacted pursuant to § 15.2-1200 of the Code of Virginia, in the interests of the public health, safety and welfare of the citizens and inhabitants of the County, for the purpose of providing necessary regulation for the conducting of commercial outdoor events, as defined in this Chapter. This chapter is intended to accommodate one-time events and shall not replace the requirements of Chapter 165, Zoning, regarding uses that are permitted with a conditional use permit. § 86-2 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: BOARD — The Board of Supervisors of the County of Frederick, Virginia. COUNTY— The County of Frederick, in the State of Virginia. COMMERCIAL OUTDOOR EVENT—An activity, at a specific outdoor location, which is open to the public, where admission is charged or where donations are accepted, and which event will have more than 100 persons in attendance at any given time. § 86-3 Permit required; exemptions; application; issuance or denial; fee. A. No person, group, firm, corporation, partnership, or entity shall host, stage, promote or conduct any commercial outdoor event in the unincorporated areas of the County without first obtaining a permit from the County. For the purposes of this chapter, the following are not considered commercial outdoor events and are exempt from the permit requirements: 116 1. Activities or events held outdoors that are agritourism related as defined by the Code of Virginia. 2. Activities or events held at the Frederick County Fairground. 3. Activities or events that are held and/or sponsored by Frederick County Parks and Recreation or Frederick County Public Schools. 4. Drive-in motion picture theaters, if permitted on the property according to the allowed uses for the particular zoning district or as an allowed preexisting use under Section 165-901.01 of the Zoning Ordinance. B. The submittal, review, approval and/or denial of any permit shall be subject to the following: 1. Permits for commercial outdoor events are subject to approval by the Board of Supervisors, pursuant to § 15.2-1427 of the Code of Virginia, 1950, as amended. 2. An application for such permit shall be filed with the Department of Planning and Development at least 30 days before the date of such event. Such application shall include all information specified in the application before it will be scheduled for consideration. 3. In granting a permit, the Board of Supervisors may impose restrictions, including but not limited to restrictions on number of attendees at the festival/event, days and dates of the event, and times of event, as deemed appropriate. 4. If granted, the permit shall be issued in writing and mailed by the Department of Planning and Development to the applicant at the address indicated in the application. If denied, the refusal shall be in writing, and the reasons for such denial stated therein, and mailed by the Department of Planning and Development to the applicant at the address indicated. § 86-4 Limit on music and entertainment. A. No outdoor music shall be permitted after 10:00 pm Sunday through Thursday, after 11:00 pm Friday and Saturday, nor before 9:00 am on any day. B. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 60 decibels at any property line where the adjacent use is residential or 75 decibels at any other property line of the property on which the commercial outdoor event is located. § 86-5 Access, enforcement, and revocation. A. The applicant and/or property owner shall authorize the County and its lawful agents, employees, designees or law enforcement officers to enter the property 2 117 upon which the event will be held at any time prior to or during event for the purpose of determining compliance with all applicable regulations. B. The Building Official, and/or his agents, shall inspect for approval all temporary structures, tents, seating and stage facilities erected on an event site and all electrical and lighting installations, power sources, and electrical wiring at such site. C. The County shall have the right to revoke any permit issued under this chapter upon noncompliance with any of its provisions and conditions. If revoked, the event must be cancelled, and all activities must be terminated immediately. D. In addition to any penalties imposed on the violation of any provision of this chapter, the County may bring suit in the Circuit Court of the County to restrain, enjoin or otherwise prevent violation of this chapter. § 86-6 Fees. Any person seeking to apply for a commercial outdoor event permit shall submit a fee in the amount of $ , made payable to the Treasurer of Frederick County. § 86-7 Violations and penalties. Any person, group, firm, corporation, partnership or entity who violates any of the provisions of this chapter shall, upon conviction, be subject to punishment by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment. Enacted this day of 2020. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 3 118 1G� ` CSU County of Frederick County Department of Planning and Development W 107 N. Kent Street, Winchester VA 22601 W ® (540) 665-5651 https://www.fcva.us/departments/planning-development APPLICATION PACKAGE FOR A COMMERCIAL OUTDOOR EVENT When do you need a Commercial Outdoor Event Permit? Submission and approval of an application fora commercial outdoorevent is required foranyone- time commercial activity, at a specific outdoor location, which is open to the public, where admission is charged or where donations are accepted, and which event will have more than 100 persons in attendance at any given time. When do I need to apply? Applications must be submitted at least four(4) weeks prior to the event start date. Applications for commercial outdoor events are subject to approval by the Board of Supervisors and must have a public hearing. Once the Department of Planning and Development has received a completed application package the event will be scheduled for review by the Board at their next scheduled meeting. What do I need to submit? The applicant must submit a completed application (see pages 2-3 of this package) and must provide all information specified in the Application Submission Checklist (see pages 4-5 of this package). An event application will not be scheduled for review bythe Board of Supervisors until it is complete. Information Applicants Should Be Aware Of: o Events should not be promoted or set up prior to approval and issuance of the permit. o Separate permits may be required by other agencies such as the Virginia Department of Health (VDH) pertainingto food services orthe Frederick County Inspections Department of tent or stage permits. Approval of an event applicant does not exempt you from obtaining other applicable permits. Please call VDH at (540) 722-3480 and Inspections at(540) 665- 5650 for further information. o Business licenses and vendor permits may be required by the Frederick County Commissioner of the Revenue. Please contact this office at (540) 665-5681 prior to commencing any approved event. Please contact the Department of Planning and Development should you have questions regarding the application process at(540) 665-5651. COMMERCIAL OUTDOOR EVENT APPLICATION 119 Please complete the following application and return to the Department of Planning and Development. All information specified under the application checklist must be provided for this submission to be deemed complete and acceptable. 1. Applicant Information (promoter/financial backer of the event): Applicant Name: Specific Contact Person if Other than Above: Mailing Address: Telephone: Email: 2. Event Information: Event Name and Type of Event: Address and Location- Provide where the property is located at(give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Property Identification Number(s): Magisterial District(s): Size of the Property(acreage): Current Use of Property: Event Dates and Times: Expected Number of Attendees: Maximum Number of Attendees that will be Allowed: Written Narrative: Please attach a separate document that provides a written narrative with an overview of the requested commercial outdoor event (please see the application checklist for required information). 2 120 Applicant Signature Required: I (we), the undersigned, do hereby respectfully make application to the Frederick County Board of Supervisors to approve the requested Commercial Outdoor Event Permit. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. As the owner and/or acting legal representative forthe owner, I understand that I shall be responsible and made liable if the regulations of Chapter 86 of the Code of Frederick County are violated or if any requirements specified in this application and checklist are not adhered to. Property Owner Signature: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: State of Virginia, City/County of ,To-wit: 1, a Notary Public in and for the jurisdiction aforesaid,certify that the person(s)who signed tothe foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of , 200 My Commission Expires: Notary Public If additional signature lines are necessary, such as if more than two persons are owners,please use additional copies of this page. 3 121 COMMERCIAL OUTDOOR EVENT-APPLICATION SUBMISSION CHECKLIST *Please note that all sections mut be completed and provided prior to your permit being scheduled for review by the Board of Supervisors. Completed Application Form—See Pages 2-3 Application Fee- payable to the Treasurer of Frederick County. Written Narrative ofthe proposed event. The written narrative is a description ofthe proposed event. The applicant must outline the following: • Overview and description of the event • Information about hours and dates of the activity • Estimate of the number of persons expected to be in attendance for each day • Temporary structures (such as stage, platform, tent, ramp) planned for the event. Please note that building permits may be required for these structures • Confirmation from the Frederick County Commissioner of Revenue regarding any required business licenses • Names of all persons or groups who will perform at the event—indicate ifthere will be amplified music • Indicate if any overnight camping is planned for the event Restroom Facilities and Garbage/Trash Collection - This plan must meet the requirements of all state and local statutes,ordinances and regulations,and must be approved by the Virginia Department of Health (Lord Fairfax Health District). If portable restrooms are to be used, an executed contract from a company providing this service must be provided. Event Access. A statement signed by the applicant and property owner which authorizes the County and its lawful agents, employees, designees or law enforcement officers to enterthe property upon which the event will be held at any time priorto or duringthe event forthe purpose of determining compliance with all applicable regulations. Emergency Services. A plan for adequate emergency medical service for persons at the event must be approved by the Fire Marshal and the local fire and rescue company. Fire Protection. A plan for adequate fire protection for the event must be approved by the Fire Marshal and the local fire and rescue company. On-site Food Preparation and/or Service. A be approved by the Virginia Department of Health (Lord Fairfax Health District). Permit for Alcoholic Beverages. Provide a copy of the approved Virginia Alcoholic 4 122 Beverage Control permit if alcoholic beverages will be served. Traffic and Parking. Provide a plan that identifies adequate parking areas/facilities and a plan fortraffic control atthe event entrance. If access control is proposed to be provided by the Sheriff's Department, provide an agreement to this effect. Event Lighting. If temporary outdoor lighting is proposed for the event, a detail of the proposed light as well as a diagram that shows the location of each light and shielding devices or other equipment to prevent unreasonable glow beyond the property must be provided. Event Music - Volume. A statement that no music shall be played, either by mechanical device or live performance, in such a mannerthat the sound emanating therefrom exceeds 60 decibels at any property line where the adjacent use is residential and 75 decibels at any property for all other uses. Event Music-Hours. No outdoor music shall be played after 10:00 pm Sunday through Thursday, after 11:00 pm Friday and Saturday, nor before 9:00 am on any day. Notarized Authorization from the property owner or agent indicating consent by the owner(s) for use of the property and related parking for the event (Please see sheet 3). 5 123 8/16/2020 Frederick County,VA Ecode360 Frederick County, VA Sunday,August 16, 2020 Chapter 86. Festivals [HISTORY: Adopted by the Board of Supervisors of the County of Frederick 9-12-1984 as Ch. 4, Art. II, of the 1984 Frederick County Code; amended in its entirety 7-28-2010. Subsequent amendments noted where applicable.] GENERAL REFERENCES Disorderly conduct— See Ch. 72. § 86-1 . Purpose. This chapter is enacted pursuant to § 15.2-1200 of the Code of Virginia, in the interests of the public health, safety and welfare of the citizens and inhabitants of the County, for the purpose of providing necessary regulation for the conducting of musical or entertainment festivals conducted outdoors not within an enclosed structure and of any gathering of groups or individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted outdoors not within an enclosed structure. § 86-2. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: BOARD The Board of Supervisors of the County. MUSICAL OR ENTERTAINMENT FESTIVAL or FESTIVAL Any gathering of more than 100 individuals or of a commercial nature, if either is for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted outdoors, not within an enclosed structure. Such activities shall be deemed commercial when a business license is obtained or is required to be obtained, or, if a business license is not required, when a charge is imposed for admission to or in connection with the activity. § 86-3. Permit required; application; issuance or denial; fee. A. No person, group, firm, corporation, partnership, or entity shall stage, promote or conduct any musical or entertainment festival in the unincorporated areas of the County unless there shall have been first obtained from the Board an outdoor festival permit for such festival. B. An application for such outdoor festival permit shall be in writing, on the form provided for said purpose, and filed in duplicate with the Clerk of the Board at least 30 days before the date of such festival. Such application shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this chapter. C. The Board shall act on such application at the next scheduled regular meeting of the Board, provided that the application has been on file with the Clerk to the Board and duly advertised for public hearing pursuant to §§ 15.2-1426 and 15.2-1427 of the Code of Virginia, 1950, as 124 https://www.ecode360.com/print/FR1364?guid=8705852&children=true 8/16/2020 Frederick County,VA Ecode360 amended. If granted, the permit shall be issued in writing, in letter or other form for said purpose, and mailed by the Clerk to the applicant at the address indicated in the application. If denied, the refusal shall be in writing, and the reasons for such denial stated therein, and mailed by the Clerk to the applicant at the address indicated. D. Twelve-month permits. (1) Eligibility. The Board may issue a twelve-month permit under this section for multiple commercial festivals at a site which is the subject of an approved site plan and has, at least once previously, been granted a permit pursuant to the provisions of this chapter and satisfactorily complied with the requirements of this chapter with respect to the festival that was the subject of that permit. (2) Application. An application for a twelve-month permit shall be considered according to the provisions of§ 86-3, except that the application need not contain the information described in § 86-5, provided the following information is submitted to the County Administrator's Office at least seven days prior to each festival or event, or as soon thereafter as such information becomes available: date and time of the festival and anticipated number of attendees. If such information is not submitted, the twelve-month permit shall be null and void as to that particular festival or event. (3) Duration. Twelve-month permits shall be issued for the period January 1 to December 31 of the same calendar year, except that, when the application is filed after January 1, the permit shall be effective from the date issued until December 31 of that same year. (4) Limitations. In granting a twelve-month permit under this subsection, the Board may limit the number of festivals that the applicant may conduct during the period covered by the twelve- month permit and the Board may also impose such other restrictions, including but not limited to restrictions on number of attendees at each festival, days and dates of festivals, and times of festivals, and deposit requirements, as the Board deems appropriate. E. Each application for an outdoor festival permit shall be subject to a fee in an amount set by the Board, payable at the time of filing with the Clerk of the Board, to cover the cost of advertising and administrative expenses in connection with the Board's review of the application. F. This section does not apply to an entertainment or music festival in a facility managed by the Frederick County Parks and Recreation Department, provided that the festival complies with all requirements of the Frederick County Parks and Recreation Department. § 86-4. Deposit required. As a condition to issuance of a permit, the Board may require the applicant to make a deposit with the County Treasurer to pay for the cost of additional County services necessary to meet the requirements of the plans submitted with the application and necessary to protect the health, safety, and welfare of the citizens of this County. Such additional County services means any additional County personnel in excess of those regularly available to the music or entertainment festival and may include, but shall not be limited to, additional law enforcement officers for crowd control, traffic control and parking; additional firefighters for fire protection during the festival; and any additional medical or sanitation officers necessary to protect the health, safety and welfare of the persons attending the festival. The actual cost of such additional services shall be paid to the County out of the deposit, and the difference, if any, shall be refunded to the applicant within 30 days after the festival. Nothing herein limits such rights as the County may otherwise have under applicable law to seek recovery of damages from the applicant or such other persons responsible for costs and/or damages incurred by the County as a result of the festival or otherwise, in amounts in excess of the deposit, and nothing herein obligates the County to provide any of the additional County services set forth herein. 125 https://www.ecode360.com/print/FR1364?guid=8705852&children=true _, . 8/16/2020 Frederick County,VA Ecode360 § 86-5. Conditions to be met; required submissions. Such outdoor festival permit shall not be issued unless the following documents, information, plans, statements, and approvals are submitted to the Board with the application and the applicant agrees to comply with conditions reflecting the same: A. The location of the festival, as well as the name and address of the owner(s) of the property on which such festival is to be held. The applicant may be required to obtain and submit a statement or other documentation indicating consent by the owner(s) for use of the property and related parking for the festival. B. The name and address of the promoter(s) of the festival and the financial backer(s) of the festival. C. The names of all persons or groups who will perform at such festival. It may be necessary to supplement or update this information as performers are booked. D. A copy of the ticket or badge of admission to the festival, containing the date or dates and time or times of such festival. E. The name, date(s), and time(s) of the festival, the maximum number of tickets to be offered for sale for each day of the festival, and the best reasonable estimate by the applicant of the number of persons expected to be in attendance for each day of the festival. F. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the Virginia Department of Health (Lord Fairfax Health District). G. A plan for providing food, water and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the Virginia Department of Health (Lord Fairfax Health District). H. A plan for adequate emergency medical service for persons at the festival, designating by name the rescue squad or commercial ambulance service to be made available. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the Fire Chief of the County and the local fire and rescue company. I. A plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the County Fire Marshal and the local fire and rescue company. J. A plan for or a diagram indicating adequate parking facilities and traffic control in and around the festival area. K. A statement specifying whether any outdoor lights or lighting will be utilized and, if outdoor lights or lighting will be utilized, a plan or diagram showing the location of: (1) Such lights and their proximity relative to the property boundaries and neighboring properties; and (2) The shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. L. A statement that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at any property line of the property on which the festival is located. 126 https://www.ecode360.com/print/FR1364?guid=8705852&children=true 8/16/2020 Frederick County,VA Ecode360 M. A statement specifying whether alcoholic beverages will be served, and, if alcoholic beverages will be served, provide evidence of any applicable Virginia Alcoholic Beverage Control Board permit, which permit shall also be displayed at the festival. § 86-6. Limit on music and entertainment. A. Music shall not be rendered nor entertainment provided for more than eight hours in any twenty- four-hour period, such twenty-four-hour period to be measured from the beginning of the first performance at the festival. B. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at any property line of the property on which the festival is located. § 86-7. Age limit for admittance. No person under the age of 18 years shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. It may be necessary to post signs to this effect. § 86-8. Enforcement; revocation. A. As part of the application, the applicant shall give permission to the Board, its lawful agents, and/or duly constituted law enforcement officers to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance. B. The Chief Building Official, and/or his agents, shall inspect for approval all temporary structures, seating and stage facilities erected on a festival site and all electrical and lighting installations, power sources, and electrical wiring at such site. C. The Board shall have the right to revoke any permit issued under this chapter upon noncompliance with any of its provisions and conditions. D. In addition to any penalties imposed on the violation of any provision of this chapter, the Board may bring suit in the Circuit Court of the County to restrain, enjoin or otherwise prevent violation of this chapter. § 86-9. Violations and penalties. Any person, group, firm or corporation who violates any of the provisions of this chapter shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment. 127 https://www.ecode360.com/print/FR1364?guid=8705852&children=true 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: September 23, 2020 Agenda Section: Committee Business - Finance Committee Title: Finance Committee Business Attachments: 128 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 23, 2020 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: Conditional Use Permit #05-20 for Bartonsville Energy Facility, LLC Attachments: BOS09-23-20CU P05-20Bartonsvil IeEnergyFacil ity.pdf 129 cod CONDITIONAL USE PERMIT #05-20 Bartonsville Energy Facility,LLC q Staff Report for the Board of Supervisors Prepared: September 11,2020 Staff Contact: M. Tyler Klein, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/02/20 Recommended Approval Board of Supervisors: 09/23/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to enable construction of a 705-acre utility- scale solar power generating facility (disturbed area) located on properties totaling approximately 1,160.5-acres. Should the Board of Supervisors find this use for a utility-scale solar power generating facility to be appropriate, the Planning Commission would suggest the following Conditions of Approval: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. 3. Buffers and screening shall be provided around the perimeter of the project in general conformance with quantity of the proposed plantings depicted on Sheets 3 and 4 of the Concept Plan, `Landscape Buffer A, B, C, D, E & F," included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. The landscape buffer plantings shall be maintained in good health for the life of the project. 4. Prior to site plan approval, the owner shall enter into a written agreement with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of §152-22412(B) of the Code of Virginia. The written agreement shall be updated every five (5) years and in general conformance with the Exhibit D: Preliminary Decommissioning Plan, included with the CUP application, prepared by Torch Clean Energy, dated May 2020. 130 Page 2 CUP#05-20—Bartonsville Energy Facility, LLC September 11, 2020 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, are prohibited as part of this CUP. 6. This Conditional Use Permit shall not be effective unless and until the vacations of the Springdale Glen and Carrollton Estates Subdivisions are approved and recorded. In addition, the approval and recordation of such vacations shall take place prior to the approval of any site plan for the use authorized by this Conditional Use Permit. 7. Access to the site shall be limited to two (2) entrances from Springdale Road and one (1) entrance from Passage Road, and be in general conformance with the Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. Delivery of solar array panel construction materials will occur at the site access entrance off of Passage Road identified as Deer Lane on Sheet 4 of the Concept Plan. Solar array panel materials delivery laydown area will be limited to Tax Parcel 74-A-44A (Carbaugh Property). 8. Pile-driving of poles for solar arrays during construction shall be limited to 7:00 a.m. 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays. 9. The location of inverters serving the solar project shall be at least 450-feet from all adjacent residences. 10. Subdivision, for residential development, of Tax Parcels 74-A-3, 74-A-4, 74-A-6C, or of the area currently constituting the Springdale Glen and Carrollton Estates subdivisions shall be prohibited during such time as solar power generating equipment is installed on said parcels. 11. Any expansion or modification of this land use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Any recommendation for approval should also include a statement affirming that the proposed solar facility is in substantial accord with the Comprehensive Plan. 131 Page 3 CUP 905-20—Bartonsville Energy Facility, LLC September 11, 2020 LOCATION: The properties are generally located along Passage Road (Route 648), Marlboro Road (Route 631), Springdale Road(Route 649), Middle Road (Route 628), and west of the CSX rail corridor and partially within the Town of Stephens City limits. MAGISTERIAL DISTRICT: Back Creek and Opequon PROPERTY ID NUMBERS: 74-A-3, 74-A-21, 74-A-45, 74-A-44A, 74-A-4, 74-A-6C, 74-A- 44, 74-A-35A, 74-A-20 and all lots 1-12 in the Springdale Glen Subdivision and lots 1-52 in the Carrolton Estates Subdivision. PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas), R1 (Town of Stephens City) Land Use: Agricultural,Forestal, Vacant& Residential (platted only) ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Residential/Institutional South: RA (Rural Areas) Use: Agricultural/Residential East: RA/Town of Stephens City Use: Agricultural/Residential/Industrial West: RA (Rural Areas) Use: Agricultural/Residential PROPOSED USE: This is a request to enable construction of a 705-acre utility-scale solar power generating facility (disturbed area) located on properties totaling approximately 1,160.5- acres. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for these properties appear to have little measurable impact on Route 649 (Springdale Road), Route 648 (Passage Road), the VDOT facilities providing access to the properties. Locations have been identified for a low-volume commercial entrance, on Route 648 and Route 649. The new entrances will need to meet VDOT standards for the proposed use. Should the use ever expand in the future, the entrance will need to be reviewed,to determine if additional improvements may be required. See comment letter dated May 26, 2020. Frederick County Fire Marshal: Plans approved by Fire Marshal, Frederick County. See comment letter dated May 14, 2020. 132 Page 4 CUP#05-20—Bartonsville Energy Facility, LLC September 11, 2020 Frederick County Inspections: Conditional Use Permit for installation of solar arrays shall be designed per the 2015 Virginia Building Code,U-Utility Use Group. Solar panel installation not associated with publicly regulated utilities require permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Arrays shall be designed for the applicable loads as required in Chapter 16 VBC. Please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure (soil, concrete etc.). See comment letter dated May 14, 2020. Town of Stephens City: The Town has no objection to the CUP Application and will provide comments at the time of site plan submittal. See comment letter dated June 2, 2020. Historic Resources Advisory Board (F RAB): The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit application during their meeting on June 16, 2020. The HRAB reviewed information from the Virginia Department of Historic Resources (VDHR) and information provided by the Applicant. This application seeks to construct a utility scale solar project located on 68 parcels of land that total 957 acres. The project will consist of rows of ground-mounted photovoltaic modules,commonly known as solar panels. The site is located along Passage Road and Springdale Road, west of the CSX corridor and the Town of Stephens City. Historic Resources Advisory Board Comments: The following historic resources are located on the subject site: • #034-1078 Cherry Dale (Mary Stephens House)—located on site—74-A-20 ■ Eligible for listing in the National Register of Historic Places (NRHP) • Survey Area 2 has a structure (labeled building 1)that is not mapped. o Building 1 is located in the southern portion of the APE and consists of a series of collapsed buildings. Investigators did identify a potential residence, barn, and several collapsed outbuildings. The property is in the relative mapped location of the building attributed to R. R. Turner on the 1885 atlas (see Figure 13). No evidence of the adjacent building depicted on the early twentieth century quadrangles was noted 133 Page 5 CUP#05-20—Bartonsville Energy Facility, LLC September 11, 2020 during the reconnaissance. (Phase IA survey - see page 22 for text and appendix C for photograph). The following historic resources are located adjacent or within the vicinity of the subject site (buffer area as described in the Applicant's Phase IA survey): • #034-0071 —Rice Robinson House • #034-0083 - Carter Hall ■ Eligible for listing in the NRHP ■ Located adjacent to the area of potential affect(APE) • 9034-1044—Willow Grove ■ Located adjacent to the area of potential affect(APE) • 4034-0007—Kernstown Battlefield ■ Eligible for listing in the NRHP After reviewing the information provided, the Historic Resources Advisory Board (HRAB) recommended approval of the CUP with the following comments: • The buffers around the historic resources should contain a mixture of evergreen plant species to ensure a natural appearing vegetative buffer. • An enhanced buffer along Carter Hall should be provided; similar to the buffer surrounding the proposed substation. • A Phase 1 Archeological Survey will be completed as part of the permitting of this project. This survey should document the collection of historic structures on and around this development. o This survey should determine if the structures onsite (Building 1 and associated structures within survey area 2) are potentially significant. o This survey should determine if this area would qualify as a rural historic district. See comment letter dated June 18, 2020. Planning and Zoning: Utility-scale solar power generating facilities are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The Board of Supervisors added "utility-scale solar power generating facilities" to the Zoning Ordinance on January 8, 2020, including additional regulations for specific uses (i.e. a solar ordinance). These additional regulations further specify for utility-scale solar power generating facilities to prepare an engineered site plan and enter into a written agreement with Frederick County for facility decommissioning. As a conditional use permit, the Board may further specify certain conditions to ensure the project does not have a negative impact on neighboring properties and/or the overall character of the community. The application proposes use of approximately 1,160.5-acres of rural area property, primarily 134 Page 6 CUP#05-20—Bartonsville Energy Facility, LLC September 11, 2020 used for agriculture, to generate 80 to 130 megawatts (MWS) or photovoltaic (solar) electricity. Approximately 705-acres of the subject parcels will be utilized (disturbed) for the installation of rows of ground-mounted photovoltaic modules, commonly known as solar panels, other necessary equipment for facility operations, a transmission substation, access paths, fencing and landscaping. The solar panels will be interconnected, and the power generated by each solar panel will be combined, converted, and the voltage increased to allow delivery of the power to the adjacent First Energy 138 kilovolt(KV)transmission line. The proximity of the project to the existing transmission line was a significant factor in the selection of these properties for the development of the facility. A portion of the project (approximately 135.9+/-acres) is within the limits of the Town of Stephens City. These properties are subject to the regulations of the Town, and the project will receive separate approvals for the use of this acreage for the proposed use. Public utilities, including utility-scale solar power generating facilities, are a by-right use under the Town of Stephens City Zoning Ordinance. Frederick County Staff will continue to coordinate with the Town during the site plan review and approval process if this CUP application is approved by the Board. Approximately 361-acres of the project area are currently platted as 64 rural residential subdivision lots (lots 1-12 inclusive, Springdale Glen Subdivision and lots 1-52 inclusive, Carrollton Estates Subdivision including dedicated right-of-way (ROW)). If this project were to be approved, the Applicant would need to vacate (remove) the 64 platted residential lots and ROW prior to site plan approval. The removal of these residential lots may ultimately reduce the future capital impact to County services. Additionally, the project as proposed does not include any batteries for the purposes of mass storage of electricity that will eventually be transferred into the grid. Small batteries will be utilized as backup for solar tracker motors, substation, and associated equipment. The Zoning Ordinance requirements for "public utilities" including "utility-scale solar power generating facilities" (§165-204.26) specifies the Zoning Administrator has the authority to determine appropriate setbacks for lots. Setbacks for the solar arrays (panels) will conform to the setback requirements contained in the Zoning Ordinance for principle uses in the RA (Rural Areas) Zoning District (§165-401.07): 60-feet (FT) front setbacks from right-of-way streets and roads, and side/rear setbacks of 50-FT from adjoining parcels 6-acres or less, 100-FT from adjoining parcels of more than 6-acres, and 200-FT from Agricultural and Forestal Districts (more than 6-acres) and orchards (regardless of size). After consultation with Staff during the pre-development of the application, the Applicant has proposed setbacks for the solar arrays (panels) for this project will be a minimum of 100-feet (FT) from all external roads and property lines, and 200-FT from Agricultural and Forestal Districts. The Applicant has further committed to locating inverters on the site at least 450-FT from neighboring residences to reduce noise impacts (see condition # 9). 135 Page 7 CUP 905-20—Bartonsville Energy Facility, LLC September 11, 2020 In order to protect the viewshed and mitigate the visual impact to neighboring properties in the vicinity of the property the Applicant has proposed buffering and screening around the perimeter of the property, in addition to maintaining existing mature woodlands (where feasible), to shield view of the facility from adjacent roadways, residences, and other agriculture uses. In addressing viewshed concerns from residential neighbors, the Applicant will also provide an enhanced buffer (shown as Landscape Buffer F, Sheet 4, Concept Plan) that includes a seven (7) foot earthen berm in addition to landscape plantings. Access to the Bartonsville Energy Facility will be limited to two (2) entrances located on Springdale Road (Route 649) and one (1) entrance from Passage Road (Route 648). No access is proposed from Marlboro Road (Route 63 1) or Middle Road (Route 628). Proposed entrances are ultimately subject to approval by the Virginia Department of Transportation (VDOT) and will be formally reviewed during the site plan review and approval process. The proposed setbacks, buffers/screening and project entrances are clearly depicted on the Concept Plan prepared by Greenway Engineering, dated August 28, 2020, and included with the CUP application. Finally, a draft Preliminary Decommissioning Plan included with the application materials, satisfies requirements contained in §165-204.26 of the Zoning Ordinance, ensuring that in the event the facility is no longer in operation, the land will be returned to the pre-development condition with all solar infrastructure and related facilities removed, ensuring future viability of the land to resume agricultural operations. Further, proposed condition of approval 44 ensures that Frederick County would maintain a bond that is updated every five (5)years keeping it up to date. The 2035 Comprehensive Plan envisions this area of the County to remain primarily rural in nature and for agricultural land to be preserved for future generations. The project is generally compatible with the Comprehensive Plan, with the rural character of the area, and with the adjoining agricultural and residential uses. The preservation of the underlying land maintains the ability for agricultural uses in the future. The proposed use is highly passive with limited noise, odor, glare, lighting, and traffic during operations. In addition to requirements contained in the Zoning Ordinance, the Applicant will pursue a "Permit-by-Rule" (PBR) application through the Virginia Department of Environmental Quality (DEQ). The PBR is a state-level administrative review and approval process for the siting of solar energy facilities in the Commonwealth, including environmental and cultural review and study. One component of the state required PBR review is local jurisdiction "approval" of solar project siting; this CUP application, if approved by the Frederick County Board of Supervisors, would satisfy that requirement enabling completion of a PBR process for this project. 136 Page 8 CUP 905-20—Bartonsville Energy Facility, LLC September 11, 2020 STAFF CONCLUSIONS FOR THE 09/02/20 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit(CUP)to enable construction of a 705-acre utility- scale solar power generating facility (disturbed area) located on properties totaling approximately 1,160.5-acres. Should the Planning Commission find this use for a utility-scale solar power generating facility to be appropriate, Staff would suggest the following Conditions of Approval: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application,prepared by Greenway Engineering, dated August 28, 2020. 3. Buffers and screening shall be provided around the perimeter of the project in general conformance with quantity of the proposed plantings depicted on Sheets 3 and 4 of the Concept Plan, `Landscape Buffer A, B, C, D, E& F,"included with the CUP application,prepared by Greenway Engineering, dated August 28, 2020. The landscape buffer plantings shall be maintained in good health for the life of the proj ect. 4. Prior to site plan approval, the owner shall enter into a written agreement with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of§15.2-22412(B) of the Code of Virginia. The written agreement shall be updated every five (5)years and in general conformance with the Exhibit D:Preliminary Decommissioning Plan, included with the CUP application, prepared by Torch Clean Energy, dated May 2020. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, are prohibited as part of this CUP. 6. This Conditional Use Permit shall not be effective unless and until the vacations of the Springdale Glen and Carrollton Estates Subdivisions are approved and recorded. In addition, the approval and recordation of such vacations shall take place prior to the approval of any site plan for the use authorized by this Conditional Use Permit. 7. Access to the site shall be limited to two (2) entrances from Springdale Road and 137 Page 9 CUP#05-20—Bartonsville Energy Facility, LLC September 11, 2020 one (1) entrance from Passage Road, and be in general conformance with the Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. Delivery of solar array panel construction materials will occur at the site access entrance off of Passage Road identified as Deer Lane on Sheet 4 of the Concept Plan. Solar array panel materials delivery laydown area will be limited to Tax Parcel 74-A-44A (Carbaugh Property). 8. Pile-driving of poles for solar arrays during construction shall be limited to 7:00a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays. 9. The location of inverters serving the solar project shall be at least 450-feet from all adjacent residences. 10. Any expansion or modification of this land use will require the approval of a new CUP. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 09/02/20 MEETING: The Planning Commission held a public hearing on the proposed CUP on September 2nd Following a Staff presentation, the Applicant made a presentation highlighting Torch Clean Energy (the developer), site development/construction timeline, and outreach efforts to adjoining property owners and the wider community in the vicinity of the project. The Planning Commission asked for clarification regarding interconnection parcels and substation location; the Applicant highlighted those parcels as having only underground utility easements and that there would be no solar panels located on these interconnection parcels. Commissioner Oates asked Staff to confirm that the property within the corporate limits of the Town of Stephens City was subject to the applicable regulations of the Town and not under the jurisdiction of Frederick County; Staff confirmed this was the case but those parcels were included in the overall project information for context only. Eleven (11) members of the public spoke on the proposed project. Citizen comments included request for additional berms and screening, increasing the setbacks from 100-feet (FT), concerns over impacts of the project to quality of life and community character, impact to existing viewshed, loss of agricultural land, construction and inverter noise and glare. Following the public hearing, the Applicant responded to several of the comments noting that several of the speakers are residents of the Town of Stephens City and the portion of the project they were concerned about is within the Town's corporate limits, and not subject to the regulations of Frederick County. The Applicant further stated that in an effort to be a good neighbor they had worked directly with the adjoining property owners and district commissioners to address those concerns through enhanced landscaping and a 7-FT tall earthen berm. The Applicant noted that 138 Page 10 CUP 905-20—Bartonsville Energy Facility, LLC September 11, 2020 all of the proposed landscaping/screening was included on Sheets 3 and 4 of the Concept Plan (revised August 28, 2020) and that the conditions specify conformance with the plan. Commissioner Jewell stated in his remarks that the project would increase tax revenue to the County, would eliminate 64 platted residential lots bringing a net savings to the County on capital costs, would preserve agricultural land for future use, and that the work done by the Applicant to address neighbor concerns would ensure the project was not visible from adjoining roadways and residences. Commissioner Oates proposed an additional condition be added that for the life of the project no new residential lots could be subdivided out while solar facilities were located on the property. The Planning Commission concluded their remarks noting that several of the speakers (Sneddon, Gordon, Heath) were residents of the Town of Stephens City, and their properties adjoin the project area that is within the jurisdiction of the Town and subject to the regulations of the Town, not Frederick County. The Planning Commission voted 10-2-1 (Commissioner Kenney & Triplett—No; Commissioner Cline—Absent)to forward the application to the Board of Supervisors with a recommendation of approval including the amended condition proposed by Commissioner Oates. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/23/20 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) to enable construction of a 705-acre utility- scale solar power generating facility (disturbed area) located on properties totaling approximately 1,160.5-acres. Should the Board of Supervisors find this use for a utility-scale solar power generating facility to be appropriate,the Planning Commission would suggest the following Conditions of Approval: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. 3. Buffers and screening shall be provided around the perimeter of the project in general conformance with quantity of the proposed plantings depicted on Sheets 3 and 4 of the Concept Plan, `Landscape Buffer A, B, C, D, E & F," included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. The landscape 139 Page 11 CUP#05-20—Bartonsville Energy Facility, LLC September 11, 2020 buffer plantings shall be maintained in good health for the life of the project. 4. Prior to site plan approval, the owner shall enter into a written agreement with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of §152-2241.2(B) of the Code of Virginia. The written agreement shall be updated every five (5) years and in general conformance with the Exhibit D: Preliminary Decommissioning Plan, included with the CUP application, prepared by Torch Clean Energy, dated May 2020. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, are prohibited as part of this CUP. 6. This Conditional Use Permit shall not be effective unless and until the vacations of the Springdale Glen and Carrollton Estates Subdivisions are approved and recorded. In addition, the approval and recordation of such vacations shall take place prior to the approval of any site plan for the use authorized by this Conditional Use Permit. 7. Access to the site shall be limited to two (2) entrances from Springdale Road and one (1) entrance from Passage Road, and be in general conformance with the Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. Delivery of solar array panel construction materials will occur at the site access entrance off of Passage Road identified as Deer Lane on Sheet 4 of the Concept Plan. Solar array panel materials delivery laydown area will be limited to Tax Parcel 74-A-44A (Carbaugh Property). 8. Pile-driving of poles for solar arrays during construction shall be limited to 7:OOAM to 5:OOPM Monday through Friday. All other construction activities are permitted 7:OOAM to 7:OOPM Monday through Friday and 7:OOAM to 5:OOPM on Saturday. No construction activities are permitted on Sundays. 9. The location of inverters serving the solar project shall be at least 450-feet from all adjacent residences. 10. Subdivision, for residential development, of Tax Parcels 74-A-3, 74-A-4, 74-A-6C, or of the area currently constituting the Springdale Glen and Carrollton Estates subdivisions shall be prohibited during such time as solar power generating equipment is installed on said parcels. 11. Any expansion or modification of this land use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to 140 Page 12 CUP 405-20—Bartonsville Energy Facility, LLC September 11, 2020 adequately address all concerns raised by the Board of Supervisors. 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Brim R&T Packing Corporation,APR Mini Storage LLC,William C.Staples,Wright Renovations, Inc.,West Oaks Farm Market LLC 3. The property is located at: (please give exact directions and include the route number of your road or street) Along Passage Road and Springdale Road,west of CSX rail corridor, in Frederick County and Stephens City. 4. The property has a road frontage of feet and a depth of feet and consists of 1,160.5 acres. Refer to Concept Plan for road frontages and property depths. 5. The property is owned by as evidenced by deed from (previous owner) recorded in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. See Attachment 1. 6. Property Identification Number(P.l.N.) 74-A-45,74-A-44A, 74-A-4,74-A-6C,all lots in Springdale 5 144 Glen/Carrolton Estates,74-A-44,74-A-35A,74-A-20,74-A-3,74-A-21 Magisterial District Back Creek and Opequon District Current Zoning ISA 6 145 7. Adjoining Property: Refer to Sheet 2 of Concept Plan. 8. The type of use proposed is (consult with the Planning Dept. before completing): Utility-scale solar photovoltaic facility 9. It is proposed that the following buildings will be constructed: Grounded-mounted PV solar energy generation facilities and interconnection facilities. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of(across street from)the property where the requested use will be conducted. (Continue on back if necessary.)These people will be notified by mail of this application: Refer to Sheet 2 of the Concept Plan. 7 146 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. Refer to Sheet 3 and Sheet 4 of the Concept Plan. 8 147 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors'public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Qart''-% 01 676 +� Signature of Applicant . o ,(� Fact 1;f�,,L�� Signature of Owner Owners'Mailing Address Owners' Telephone No. TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 9 148 Property Owners Parcel Owner Record/Instrument # 74-A-45 Robert R. Staples Will Bk/Pg 112 / 111 74-A-44A Louis C. Carbaugh, Et Als 190013725 74-A-4 R&T Packing Corporation Deed Bk/Pg 543 / 543 74-A-6C Eleanor K. Brim 040023461 Lots 1 — 12, Springdale Glen Stephen D. Brim, Judith B. 100003803 Cates Lots 1 — 52, Carrollton Estates Stephen D. Brim, Et Als 100012733 74-A-44 Joseph Carbaugh 080003967 74-A-35A APR Mini Storage LLC 050017541 74-A-20 William Staples Deed Bk/Pg 844 / 1067 74-A-3 West Oaks Farm Market 150007227 LLC 74-A-21 Wright Renovations, Inc. 190001950 149 Bartonsville Energy Facility CUP Application Form Owner Signature Page I (we), the undersigned, do hereby respectfully snake application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-A-4 R & T Pac £orora�n'� B ,� AA �. Name: Keveney R. Furst, President Owner's mailing address: 1835 Valley Avenue, Winchester, VA 22601 t ti. t 150 Bartonsville Energy Facility CUP Application Form Owner Signature Page I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to nie when this application is submitted must be placed at the front property line at least seven (7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map. 74-A-6C Eleanor K. Brim Owner's mailing address: 4125 32nd Ave. SW Seattle, WA 98126-2646 151 [Type here] Bartonsville Energy Facility CUP Application Form Owner Signature Page I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public Bearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax P;74-A-20 William Staples Owner's mailing address: P.O. Box 986 Stephens City, VA 22655 152 Bartonsville Energy Facility CUP Application Form Owner Signature Page I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. YOU•application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-A-35A A.P.R. Mini-Storage L.L.C. a V. ' invited liability company By ane: Cynd Layman Owner's mailing address: 1215 Marlboro Road, Stephens City, VA 22655 153 Nt LO Bartonsville Energy Facility CUP Application Form Owner Signature Page I(we),the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public heating and maintained so as to be visible until after the Board of Supervisors' public heating. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-A-44 and 74-A-44A &4-wl Louis Carbaugh 4/// Owner's Mailing Address: 5140 Passage Road, Stephens City, VA 22655 LO LO Bartonsville Energy Facility CUP Application Form Owner Signature Page I(we), the undersigned,do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public heating. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-A-44 and 74-A-44A Margaret Carbaugiwolfrays 47--� Owner's Mailing Address: (0 LO Bartonsville Energy Facility CUP Application Form Owner Signature Page I(we),the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission,Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-A-44 and 74-A-44A JA Helen Carbaugh Pyne Owner's Mailing Address: r- LO Bartonsville Energy Facility CUP Application Form Owner Signature Page I(we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing.Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission,Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-A-44 and 74-A-44A J6Zph Carbaugh Owner's Mailing Address: Bartonsville Energy Facility CUP Application Form Owner Signature Page I(we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-A-45 Robert R. Stades ( Owner's mailing address: 1708 Tun/bridge Drive, Richmond, VA 23238 158 Bartonsville Energy Facility CUP Application Form Owner Signature Page I (we),the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County PIanning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-7 1-1 through 74-7 1-6 (Springdale Glen Section 1 • 74-5-1 through 74-5-52 (Carrollton Estates), tom_ .CJ,e4,l�r� ��- Stephen Dubois Brim Owner's mailing address: 254 W Queen St. Strasburg, VA 22657 159 Bartonsville Energy Facility CUP Application Form Owner Signature Page 1 (we),the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. 1 understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-5-1 through 74-5-52 Carrollton Estates Elizabeth Hope Brim Owner's mailing address: 254 W Queen St. Strasburg, VA 22657 160 Bartonsville Energy Facility CUP Application Form. Owner Signature Page I(we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County,Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors` public hearing.Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Thx Map: 4- - dirough 74-5-52C ll oEst-at Brawner Cates Owner's mailing address: 254- g,bA-226ST 161 Bartonsville Energy Facility CUP Application Form Owner Signature Page I (we),the undersigned, do hereby respectfully make application and petition the governing body of Frederick County,Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing•Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission,Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax_Map: 74-5-1 through 74-5-52 (Carrollton Estates) Hilary Afsh y Owner's mailing address: , —De rwc t' CO �6 2 3 V 162 Bartonsville Energy Facility CUP Application Form Owner Signature Page I(we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County,Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing.Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission,Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74.7 2-7 t1gaugh ?,-IZ15 ri gdaleGlen.-Section -5-1 through 74-5-52 (Carrollton Estates) Judith Cates Owner's mailing address: 102 Forest Valley Rd.Winchester,VA 22602 163 It CD Bartonsville Energy Facility CUP Application Form Owner Signature Page I(we),the undersigned,do hereby respectfully make application and petition the governing body of Frederick County,Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission,Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-A-21 Linda K. Wright e- F. ayne Wright Renovations,Inc. Owner's Mailing Address: 124 Page Court, White Post,VA 22663 BartonsviIle Energy Facility CUP Application Form Owner Signature Page I(we),the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Tax Map: 74-A-3 Josep Snapp Mary Snapp West Oaks Farm Market,LLC Owner's Mailing Address: 229 West Oaks Lane,Winchester, VA 22602 165 Bartonsville Energy HIM'-1.L""�., TORCH CLEAN ENERGY Application Narrative and Statement of Intent rl 66 for Conditional Use Permit (CUP) August 7, 2020 230 Court Square Suite B102, Charlottesville, VA 22902 Table of Contents 1. EXECUTIVE SUMMARY 2. DESCRIPTION OF PROPERTY 3. PROJECT OVERVIEW FACILITY SUMMARY CONSTRUCTION SCHEDULE COMPLIANCE WITH COUNTY REGULATION COORDINATION WITH STEPHENS CITY 4.ANALYSIS OF IMPACTS VISUAL ECOLOGICAL AND DRAINAGE CULTURAL RESOURCES NOISE TRAFFIC LIGHTING ODORS,DUST,FUMES,VIBRATIONS FIRE SAFETY/SECURITY COMMUNITY OUTREACH S. DECOMMISSIONING LIST OF EXHIBITS EXHIBIT A-EXECUTIVE SUMMARY SUPPORT EXHIBITS EXHIBIT B-CONCEPT PLAN EXHIBIT C-CULTURAL RESOURCES REPORT EXHIBIT D-PRELIMINARY DECOMMISSIONING PLAN 2 167 1 . Executive Summary Bartonsville Energy Facility, LLC, a subsidiary of Torch Clean Energy ("Torch"), requests a Conditional Use Permit ("CUP") to allow the construction and operation of a photovoltaic solar energy generation facility (the "Project") as described in this Application. The Project is proposed on the parcels identified by Frederick County as Tax Map IDs 74-A-45, 74-A-44A, 74-A-3, 74-A-4, 74-A-6C, as well as lots 1 through 12 of the Springdale Glen subdivision and lots 1 through 52 of the Carrollton Estates subdivision. The Project area includes parcels that total 1 ,160.5 acres (the "Property"). A maximum of 690 acres will be used for solar modules, and a maximum of 705 acres will be disturbed. The majority of the site is located in the Back Creek Magisterial District in Frederick County and a portion is in the Opequon Magisterial District in Stephens City. The Project has been sited and proposed with the following considerations: ■ The Project location was selected for its proximity to existing transmission facilities and minimal visual impact to existing residential areas. ■ The Project will vacate two large subdivisions on agricultural land. This will maintain the character of the County's rural landscape and settlement pattern. ■ The Project has been planned and designed to avoid impacts to cultural and environmental resources. ■ The Project will provide clean energy that matches the electricity consumption of approximately 15,000 homes in Virginia and will help the Commonwealth meet its goals for the adoption of clean energy. ■ The Project will provide personal property and increased real estate taxes to the County over the course of its life as well as injecting direct economic activity into the County during the construction and operating periods. If approved by the Board of Supervisors, the Project will bring economic benefits to Frederick County with no detrimental effects on the neighboring properties or the County as a whole. Torch Clean Energy Torch Clean Energy is developer and owner of renewable energy generation facilities in the United States with offices in Virginia and Colorado. We have developed solar and wind facilities, including the Red Horse Project, a 101 Megawatt ("MW') solar and wind hybrid project. Torch has over 500MW of solar under development in the Commonwealth of Virginia, including the Chester Solar Technology Park in Chesterfield County, which was permitted in September of 2019, and the Jarratt Energy Facility, which was permitted in March of 2020. To date, Torch has developed and financed over $600 million of renewable energy projects through the country. 3 168 2. Description of Property The Project Property is zoned RA (Frederick County) and R1 (Stephens City) and consists of the following parcels: Parcels by Usage and . . - Parcel Acreage in Acreage in Zoning Use Frederick County Stephens Cit Used for Solar Generating E ui ment 74-A-45 11 .00 85.55 R1 Crops 74-A-44A 0.00 40.01 R1 Crops 74-A-3 200.00 0.00 RA Crops/Event Center 74-A-4 265.41 0.00 RA Crops / Forested 74-A-6C 3.80 0.00 RA Crops / Forested Lots 1 — 12, inclusive, 53.20 0.00 RA Crops / Orchard Springdale Glen Lots 1 — 52, inclusive, 307.90 0.00 RA Crops / Orchard Carrollton Estates Used for Generation-Tie Line and Interconnection Facilities 74-A-44 2.93 6.88 R1 Residence 74-A-35A 18.00 0.00 RA Crops 74-A-20 162.0 0.00 RA Crops 74-A-21 0 3.52 R1 Vacant The Carrollton Estates subdivision contains 52 parcels and the Springdale Glen subdivision contains 12 parcels. Prior to the approval of the Site Plan, each of these subdivisions will be vacated. As noted and highlighted above, Parcels 74-A-44A, 74-A-44, 74-A-45, and 74-A-21 contain a total of 135.96 acres in Stephens City. These properties are subject to the regulations of the Town, and the Project will receive separate approvals for the use of this land. The entirety of the Project is shown in this application for clarity. The Property is located approximately 1 .2 miles west of 1-81 and Stephens City, and comprises agricultural fields, orchards, and forest stands. The surrounding properties are primarily rural residences, farmland, and forested areas. An existing FirstEnergy 138 kV transmission line runs less than one mile to the east of the Project site, adjacent to the railroad corridor and industrial district flanking Stephens City. This transmission line runs between the Bartonville and Meadowbrook substations. 4 169 Article IV of the Frederick County Zoning Ordinance permits utility-scale solar facilities in the RA district with a CUP. The Applicant requests a CUP to allow the construction and operation of the Project on the Property. 3. Project Overview Facility Summary The Bartonsville Energy Facility will produce over 180,000 megawatt-hours of clean energy in its first year of operation, which represents the energy consumption of approximately 15,000 homes. The Project will generate electricity from photovoltaic solar modules that will be attached to a racking supported by driven posts. Single-axis trackers will be used to follow the sun from East to West and increase the efficiency of the Project. A series of central inverters will be used to convert the electricity from direct current to alternating current. The Project will interconnect to a FirstEnergy 138-kilovolt transmission line adjacent to the CSX railroad corridor. The Project substation and switching station will be built on parcels 74-A-20 and 74-A-21, and will be linked to the Project site via a 34.5kV distribution voltage Generation-Tie line that will run along an easement corridor crossing parcels 74- A-20, 74-A-35A, and 74-A-44. This Generation-Tie line will be underground. No new transmission- voltage lines will be built for the Project. The Project will not use grid-scale energy storage. Batteries will not be used, except for small backup batteries for the solar tracker motors, substation, and associated equipment. The Project will be developed generally as depicted on Exhibit B, the Concept Plan, as included with this Application. The Concept Plan provides a map of the solar array area, the proposed point of interconnection with the transmission system, vegetative buffer zones, perimeter fencing, access points, and other features of the Project. As shown on the Concept Plan, three points of access are proposed, two of which will be from Springdale Road (Route 649). An entrance to the northern section of the Project will be located approximately 0.75 miles east of the intersection with Germany Road (Route 625), and an entrance to the southern portion will follow Carrollton Lane. A third, southeastern access will be on Passage Road (Route 648), approximately 0.3 miles from the intersection with Marlboro Road. Construction Schedule The construction of the Project is estimated to take approximately 12 months to achieve substantial completion. The first phase of the Project will be civil works, such as area-specific grading, in order to prepare for the installation of the solar equipment. The second phase will consist of the mechanical and electrical installation of the solar equipment. The final phase is the testing of the facility and the energization. Phase 1 —Site Preparation and Civil Work: 3-6 Months Phase 2 - Mechanical and Electrical Installation: 4-6 Months 5 170 Phase 3 — Facility Testing and Energization: 3 Months Overlap between the first two phases is expected, subject to the final construction schedule. Additionally, construction of the interconnection facilities by FirstEnergy will span all three phases of construction. Compliance with County Regulation The Applicant completed a Pre-Application meeting with Frederick County Planning and has gathered and addressed feedback from required County agencies. The Applicant conferred with the County Historic Resources Advisory Board to discuss historical and cultural resources in the County. Additional CUP materials have been compiled according to the County Zoning Ordinance and Planning process guidelines. Coordination with Stephens City The Applicant is working concurrently with Stephens City to permit the portion of the Project that falls within the Town. This Application requests a CUP for the County portion of the Project but shows the entirety of the Project for clarity. 4. Analysis of Impacts Pursuant to Chapter 165, Part 103 of the Zoning Ordinance, a CUP may be granted where the Board of Supervisors finds that (i) the proposed use is in accordance with the policies expressed in the Comprehensive Plan of the County, and (ii) the proposed use is in harmony and shall not adversely affect the use and enjoyment of surrounding properties (§ 165-103.02). The Project is supported by the 2035 Comprehensive goals. In particular, the Plan seeks to cluster residential development in appropriate locations and support the agricultural economy and allow residents to harness new opportunities. The Project will vacate two large subdivisions in the Agricultural district and allow residents to harness a new technology that constitutes a safe, passive, and temporary use of the land. In accordance with the criteria set forth in the Zoning Ordinance for CUP approval, the proposed Project will not adversely affect the health, safety, or welfare of persons residing or working in the neighborhood of the proposed use and will not be detrimental to public welfare or injurious to the Property or improvements in the neighborhood. As a passive use located in a Rural district, the Project will not be detrimental to, or substantively change, the character of the surrounding area. The proposed Project will not cause any increase in demand for County services. It will have minimal impacts on drainage and erosion and will not require the use of local water or sewer utilities. Erosion and sediment controls and permanent stormwater management facilities will be provided as part of the Project to the extent required by applicable laws. The Project will not significantly increase traffic 6 171 in the area, and no public road improvements will be required for the construction or servicing of the Project. The effects of the Project are evaluated as follows: Visual Along the perimeter of the Property, a setback from the Property line to solar generating equipment shall be used. Within this setback, a buffer consisting of new and/or existing vegetation will be used to screen the Project, as outlined below and shown in Exhibit B. The setback from external roads and property lines will generally be 100 feet, with the fence installed between 75 and 100 feet from the property lines. These setbacks shall not apply to the undergound Generation Tie-Line or the interconnection facilities. The most traveled routes near the Project are Middle Road, to the north, and Marlboro road, to the south. The Project has no frontage on either of these routes, except for the underground distribution voltage Generation-Tie line crossing occurring near the intersection of Marlboro Road and Passage Lane. The Project has approximately 0.25 miles of frontage along Passage Road and 0.85 miles of frontage along Springdale Road. The Landscaping Plan will minimize visual impacts to surrounding properties and rights-of-way by maintaining and enhancing existing tree lines and vegetative buffers, while providing for new plantings in targeted areas. Specifically, the Project will do the following: ■ Maintain existing tree lines along western and southern boundaries of the Carrollton Estates and Springdale Glen property; ■ Use existing topography to ensure that the Project is not visible from Middle Road; ■ Plant new vegetative buffers on the southern side of parcel 74-A-45, along Springdale Road; and along a property line to the north of Springdale Road. This plan is depicted in Exhibit B. Ecological and Drainage Wetlands will be delineated and avoided in the construction of the Project. Additionally, the Project will complete thorough consultation with the Department of Environmental Quality as part of the "Permit by Rule" process for renewable energy facilities. The Project will submit Erosion and Sediment Control and Stormwater Management plans prior to the issuance of the building permit when the design is nearly complete. Because the racking system uses driven posts for structural support, changes to the impervious surface will be limited to inverter and transformer pads, access roads, and interconnection equipment. These uses constitute a small percentage of the total project area. The Project will be designed to minimize stormwater impacts and accommodate existing topography to the extent possible. 7 172 Cultural Resources The Project has undergone an archeological and architectural study in accordance with County regulations and will not directly impact any identified landmarks. Cultural and historical resources in the vicinity of the Project are described in Exhibit C. Additionally, the Project will require concurrence from the Department of Historic Resources as part of the "Permit by Rule" process for renewable energy facilities. Noise Once operational, the Project will not be audible to adjacent landowners. Construction activities will generally be limited to daylight hours, with pile driving work scheduled for daylight hours between Monday and Saturday. Traffic General construction traffic will use the Project's three access points on Springdale Road and Passage Road and will use the Project's internal road network to move around the site. General construction traffic consists of personal vehicles (e.g. pickup trucks) carrying passengers, tools, and minor equipment to and around the Project site. Due to the proximity of the Project to 1-81 and the existing road network, there will be little impact to current traffic. Component deliveries (e.g. solar panels, inverters, concrete trucks, construction equipment, etc.) will primarily access the site from 1-81, Marlboro Road, and Passage Road. The Iaydown area for solar array deliveries will be on Parcel 74-A-44A. A separate Iaydown area for the Project Interconnection will be on Parcels 74-A-20 and 74-A-21, which will be accessed from Marlboro Road. Operations and Maintenance for the Project will not measurably increase vehicular traffic. Lighting Except for minimal safety and security lighting in a few locations, the Project will not be lit. Any installed lighting will comply with applicable County ordinances. Odors, Dust, Fumes, Vibrations The Project will not generate air emissions. Once operational, no odors, trash, or recycled materials will be produced. No fuel or fuel storage and no outside storage will be needed on the Project after construction is completed. There will be no impact on water or air quality. Fire Safety / Security The Project will not pose increased security or safety risks or fire hazards. Once the Project is constructed, a permanent perimeter/boundary fence will enclose the solar panels. The fence will have a minimum height of six (6) feet. The fence will be posted with security signage along with contact information for a 24-hour manned communication system. The three site entrances and internal road network will provide access to every part of the Project. 8 173 The Project will be monitored remotely on a 24/7 basis. The Operations Team will have the ability to remotely de-energize the Project if necessary and immediately contact and coordinate with the appropriate local fire and EMS personnel. Training will be provided to local fire and EMS on FirstEnergy emergency procedures and notification in case of emergency. Community Outreach During the last nine months, the Applicant has met with landowners in the vicinity of the Project site, including residents and owners of businesses. These meetings have influenced the Project's Conceptual Plan, particularly with respect to the buffer planting and use of existing topography to screen the Project from view. 5. Decommissioning The Code of the Commonwealth of Virginia requires the owner, lessee, or developer of a solar project to enter into a written agreement to decommission the project prior to the issuance of a site plan. To support this application, the Applicant has provided Exhibit D, the Preliminary Decommissioning Plan. Prior to the issuance of the Site Plan, a Decommissioning Cost Estimate and means of financial security will be provided in accordance with Exhibit D and Virginia Code. 9 174 Plan Revisions T Table Ta Sheet List ��� �h BA RT O N S V I L L E ENERGY FACILITY eet NumberReN nee` „'e pwe�she C000eDt Development Plao �m v LL CONCEPT PLAN OPEQUON/BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY&TOWN OF STEPHENS CITY,VIRGINIA az x Wo a a SITE < o� 1 SQ \ w W C! BOEEE rn z .-o w W w� O9RiERS LN Stephens City g J Y J uF � z m c/) .0 t' MARS Oa�( +! Qom° 0 °v ;4i O o w ww 9 fs P Q T m i v OWNERS ,^ APR MINI STORAGE,LLC-127 MERCEDES COURT LOUIS C.CARBAUGH,ET ALS-5140 PASSAGE LANE WINCHESTER,VA 22603 STEPHENS CITY,VA 22655 DEVELOPER STEVEN D.BRIM,ET ALS-254 W.QUEEN STREET R&T PACKING CORPORATION-1835 VALLEY AVENUE STRASBURG,VA 22657 WINCHESTER,VA 22601TORCH CLEAN ENERGY ELEANOR K.BRIM-4125 32ND AVE SW CHARLES W.STAPLES-P.O.BOX 986 230 COURT SQUARE SUITE B102 SEATTLE,WA 98126 STEPHENS CITY,VA 22655 CHARLOTTESVILLE,VA 22902 (703)999-4280 JUDITH B.CATES-102 FOREST VALLEY ROAD ROBERT R.STAPLES-1708 TUNBRIDGE DRIVE SCALE.ASSHOM WINCHESTER,VA 22602 RICHMOND,VA 23238 WEST OAKS FARM MARKET LLC-229 W OAKS LN WRIGHT RENOVATIONS INC-124 PAGE CT VICINITY MAP WINCHESTER,VA 22602 WHITE POST,VA 22663 F LE NO 4505T SCALE:1-2000' LIST OF '• AC•'A •' QUALITY CONTROLINSPECTIONS 175 GENERAL PROJECT NOTES \� \/ BARTONSVILLE ENERGY FACILITY: 80-130MW SOLAR PROJECT 34.5kV GENERATION TIE LINE /\ PROJECT SUBSTATION/SWITCH ING STATION �� a TOTAL PROJECT PARCEL AREA: 1160.19±AC.(MAXIMUM OF 690 ACRES FOR SOLAR ARRAYS) © O �� ACREAGE/ZONING: FREDERICK COUNTY 1010.301 AC./RA DISTRICT OO OO spioosE R°—T TOWN OF STEPHENS CITY 149.89±AC./Ri DISTRICT /- —� / / / / ✓� MAGISTERIAL DISTRICT: BACK CREEK DISTRICT&OPEQUON DISTRICT EXISTING LAND USE: AGRICULTURAL&RESIDENTIAL PROJECT DEVELOPMENT NOTES 1. SOLAR ARRAY DEVELOPMENT LIMITS WILL CONSIST OF GROUND-MOUNTED PHOTOVOLTAIC I / l- Zw MODULES AND CENTRAL INVERTERS W z 2. SOLAR ARRAY DEVELOPMENT LIMITS WILL BE SETBACK 100'FROM EXTERNAL ROADS AND yI E, PR OP ERTY LINES O:z 3. A 6'HIGH SECURITY FENCE WITH SECURITY SIGNAGE/24-HOUR CONTACT INFORMATION WILL BE �W INSTALLED AROUND PERIMETER OF SOLAR ARRAY DEVELOPMENT APPROXIMATELY 75-100'FROM Os / EXTERNAL ROADS AND PROPERTY LINES 4. MINIMAL SAF ETY AND SECURITY LIGHTING WILL BE INSTALLED WITH LOCATIONS AND SPECIFICATIONS PROVIDED ON SITE PLAN . 5. CONSTRUCTION SEDIMENT PONDS AND PERMANENT STORMWATER MANAGEMENT FACILITIES WILL BE PROVIDED ON SITE PLAN VOO O° O ®� V 6. ACCESS TO BARTONSVILLE ENERGY FACILITY WILL BE PROVIDED VIA NVO ENTRANCES LOCATED ® Ou ' OO n OO On ON SPRINGDALE ROAD(IDENTIFIED ON SHEET 3)AND ONE ENTRANCE LOCATED ON PASSAGE /� O° OD Oc �- O° OO ROAD(IDENTIFIED ON SHEET4).DELIVERYOF SOLAR ARRAY PANEL CONSTRUCTION MATERIALS 0 \� / c WILL OCCUR ATTHE SITE ACCESS ENTRANCE OFF OF PASSAGE ROAD IDENTIFIED AS DEER LANE /��; ` ON SHEET 40F THE CONCEPT PLAN.SOLAR ARRAY PANEL MATERIALS DELIVERY LAYDOWN " O� OBID BI O AREA WILL BE LIMITED TO TAX PARCEL 74-A-44A(CARBAUGH PROPERTY). o 7. CARROLLTON ESTATES AND SPRINGDALE GLEN SUBDIVISION PARCELS(B,C,D)TO BE o _ CONSOLIDATED/VACATED PRIOR TO DEVELOPMENT � O �® a O 8. THE LANDSCAPE BUFFER PLANTINGS SHALL BE MAINTAINED IN GOOD HEALTH FOR THE LIFE OF ® O OO. THE PROJECT.EXISTING VEGETATION PRESERVATION AREAS IDENTIFIED ON SHEET SHALL �� BIDc O�.00 00° REMAIN UNDISTURBED FOR THE LIFE OF THE PROJECT. .0 u /O A J z 0� ® 00/Ol O o�c� \ U ADJOINER PARCEL TABLE PROJECT AREA PARCEL TABLES 0 O © © `\ Q > STEPHENS CITY PARCELS \ LL o v .:; Acreage zoning ID Tax Map Number Owner Acreage. © O ® 6 \\ a z vrrosnson aA astE �a-Aas 2 541 sass AA at w x s,Reo�ro°El Alk 3s5 \ >i c / 1 Q Lu a N Pa ��� FREDERICK COUNTY PARCELS�� R � �� 0 /,� �o ID T M p N b O A g Z ng ® \ y W as.�NKmus,ur,so / 0 \c ® / N BE ; 4 z W 00 s, A / ® ✓ }QR 0 O ,w our,rcrFKr scK A ,s Faros cc co rH rva,A FaFora oK wnTFa , A m A, FaEOEa�cx M" o AUTMoam SA ` 000 a ,000 2000 SHEN VAL LINE CORP '2 72 1 % O K` 17 -� �� aBt o�A�as"� LEGEND v/ A ae EsrouE N sr—IN t1. ,a - \ \ ® ,STEPHENS CITY e, AwaL�A t u 1-— aA , u s THE AaunoEL EPr t�c.a�a SA SOLAR ARRAY AREA f INTERCONNECTION 74 NN-1 PARCELS \ / 174 1 17 11 a 11 r A a o SA oA�s­­- o 41 A AE1A�RAr PARCELS —G—TR ELBA El N=N aR E PARCEL Q A SUBJECT PA g aaEODoaKE� 0 TABLE ID'S ® �� 47 T- s�PsoN Lo w ® DAT of -2 1s � as aA 11 ADJOINER PARCEL �. �� `A ALE. t 7A as a L� TABLE ID'S �� ✓ sa DESIGNED BY Ij _______ STEPHENS CITY CORPORATE LIMITS �V iSHEET 2 OF 4 ao LANDSCAPE BUFFER"A" PROPOSED ACCESS ROAD TYPICAL SECTION LANDSCAPE BUFFER"A" 11 exr ErvD eanirve.aeeurves usrvesimiwa DEaouousnrvD eveaeaeery sPEa Es NN _�o t LANDscAPEeuFFER A. EOTECHneins LPEa I/ LANDSCAPE A F Iowa mEIT.. l '• �� `I�l_I\LI --- ----- \` 1 GEoTECHNC �NEEA EDNAT�SuaS�DEPER �< ��� I�� � Kw%R<FUNc CX ACIkFfL� oaaooa£ �N�N� � _ L �/� TE'A - TYPICAL ROAD SECTION Ni TS _ J f f 4, E EE _ -'� ,� L 2 w L P DIAND�EaDaEENTaEEIro SE=11E'1'-ITE SOLAR ARRAY PANEL DETAIL ff—� _ - L if Z. Lu LANDSCAPE BUFFER"B' SzACKZRPPAANNEL �- W�IS LANDSCAPE BUFFER B NACTPANEoP L � - -�- r saa rvAonEEaono waruTuaEVDewmED ErvnnrvamErvTsry nEorvA eoTns DEs or 4MAX L_ �� PaoA of I ND De LANDswP BUFFER PED As I L I-� �L ULL 2a' NT LL Dwa L L----- LL PgoPE ay 00000a I , r - /�L SOLAR ARRAY CROSS SECTION NTS / +� i1 ` L r� L LANDSCAPE BUFFER"C" ME w/ 1 i► LANDSCAPE BUFFER"C" \/ -Y— rr L ^- DEsca PION `� L.. / —� �II� , c�n eeuluE i H— PawoEaD��DTEPEaEaEENTaEE�TDTOPP�MENTnN�TaEE�NEAPDN� OPE PaaTPT�aEE�NE INDSCAPE auFFER C ' J a Iowa T r z __ ----- z LL t= i oaa000 � /��� o s oa00000 e � I -�L �_ � i 1•_ l �' _ ,/ _ � �T, � a PaoPE i_aoa000 z w x o ,� / , a h \ —� g w w .. eenMxMw Pne�nT AT PLANT x� Y �_ L IPEO EI.QDArvTT ELAND PLANT NDIPETTwT ONIOT i°/ _ EVERIREENTREEITOIE Paw DE-NATE Pury ♦� I�/_I` S` _i /I ( Ow z O J I LLI w `` -- LANDSCAPE Ij BUBEER"B" aoo o -aoo soo L. I—r�.� � � /s QJ0 a Ym scnLe: r aoow o> Yt iL, L_ z > m z LEGEND L �` z o 0 t 0 0. PROJECT AREA INTERCONNECTION PARCELS PARCELS �� � m --- PROPOSEDACCESSROADS � `�- If �-- PROPOSED SITE ENTRANCE ``w ? LI L SOLAR ARRAY AREA �/, (Ir �` �! ERM SOLAR ARRAY DEVELOPMENT � � LIMITS/SECURITY FENCE o I; I / J j — LANDSCAPE BUFFER AREA EXISTING VEGETATION/TREELINE ' 4 - I LANDSCAPE BUFFER"C" — NWI WETLANDS 9 //i, -' ,� -� ' = - RATE AAAA020 100 YR FLOODPLAIN j L lIa L L � I_ ,' STREAMS .11EI1vm :_�„I�S'3 FILENO -IT WATER/PONDS ; MATCHLINE SHEET 4 L L L sod ; 67MATCHLINE SHEET 4 LANDSCAPE BUFFER^D^a^E„ MATCHLINE SHEET 3 MATCHLINE SHEET 3 NOTESL�� T LANDSCAPE BUFFER D a"E' . BARTONSVILLE ENERGY FACILITY WILL INSTALL ,' ,, - �\L �-�- L� o`�po f 'Y AN UNDERGROUND GENERATION-TIE LINE I Qe ,L_ OAOEOOOn�nOwOLANDSCAP BUFFER &PLANE WITHIN AN EASEMENT ON TAX MAP PARCELS I )r % i f.PRESERVATION � urNosaAae euFFeR o a e d� f 1A 74-A-20,74 A 35A,AND 74-A-44. " / AREA -1 ANIAY IEVELIP.ENT-TE . PROJECT SUBSTATION AND SWITCHING e o` L L STATION WILL BE CONSTRUCTED ON TAX MAP g L _ 4D 000000000000 PARCELS 74-A-20&74-A-21,ADJACENT TO CSX } p _ I00000000000o RAILROAD —L LLD / az PaoP r LAN DSCAP ,L l s 5 Zw EV AA ENTRE ETO nEonTATPaNTNo . PROJECT WILL SUPPLY ELECTRICITY INTO THE ( , z. roec Es,¢unrvTTEs �T oxs of EVEaoaEEN _� I � 'F LANDSCAPE TaEEITOeEPaOVE ONATEPaN BARTONSVILLE-MEADOWBROOK138KV I i , ; p BUFFER I SOLAR I ,' ,1 Wz TRANSMISSION LINE i BUFFER D L AND MATERIAL AYDOWN AREA O:w \ LANDSCAPE BUFFER"F„ LANDSCAPE BUFFER^F" SOLAR ARRAY PANEL DETAIL £ r!M r r EX VES rf' PRESERVATION r f l ` � AREA ip d. PROVII v oN Taaa:Ea PANEL e Paov of EnaTn eEaMnNo ooue:E aow of EVEaoaEENTaEEsn:oNOPaoPEaTv LINE EOLLTLT PoeTON '., \ ANDSCAPE \ L UFFER D LANoscnae euTTeR T TaaCAEa PANES ' �-� \ ��'. a :I ET—Eo POE T ON 1X MAX sou ENT Is r \ rr 1- 1 v �2 P fY A 2 PaoP oA 2a12 EV °,t N t ae 0 TO"TATNTOF�EnonEEN / / �� ,a... . s5 ` LTRAITO IE ' EENNTnOFAO,ONNNPaOPEaTPENE "n°N°EOAEONNENTaE _Q _ y a ,AAEnAOEnEon AnTnnEnM TonE� INTERCONNECTION POWERLINE EASMENT DETAIL Q 5 �o SOLAR ARRAY CROSS SECTION NTS ---�� � I r /Jjo j IlZ LL EIENAT T ATE 10 E. V a+ s `E_ I ° b 11 � a a z ON , , "-I EI \ Aee. �� (� w ELI z a E NE PROPOSED ice,M\ SUBSTATION/ � I � � y z, j w'� a W yy /1\111/11111/1 o0 0 0o aoa •r `\ SWITCHING N o IT`-i Wz <OK LL �✓ SCALE: 1" a00' oX . ", y LANDSCAPE pPT� I Lit f F J U BUFFER"E TYPICAL EASEMENT NTS ! J I/ l I I-+I Z � z LEGEND z 00 PROP.CONNECTION TO '�" Z 5° PROJECTAREA _ 0 Tf�ANSM ISSION LINE ,�� %/ O Ow U V PROPOSED ACCESS ROAD TYPICAL SECTION INTERCONNECTION PARCELS ' /, ° PARCELS ��' of �� �', Jr r. Q 21' M m --- PROPOSED ACCESS ROADS N -.0— PROPOSED SITE ENTRANCE L SOLAR ARRAY AREA __j PllFIEAASElEl \ R :�y:% nn oN uecaAOEPN © BE r 1 ENG NEE, SOLAR ARRAY DEVELOPMENT oTEC N �EN�N ER LIMITS/SECURITY FENCE ; LANDSCAPE BUFFER AREA Dri TYPICAL ROAD SECTION NTS EXISTING VEGETATION/TREELINE V NWI WETLANDS DIE 1111121100 YR FLOODPLAIN } aoo STREAMS A ) 11 z DESIGNED BY IT WATER/PONDSSHEET 4 OF 4 J ---- Bartonsville Energy Facility TTORCH CLEAN ENERGY Exhibit D: Preliminary Decommissioning Plan May 2020 rl9 TORCH Table of Contents 1. INTRODUCTION 2. DECOMMISSIONING OF SOLAR FACILITY EQUIPMENT DISMANTLING AND REMOVAL SITE RESTORATION MANAGING EXCESS MATERIALS AND WASTE 3. PROVISION OF DECOMMISSIONING COST ESTIMATE 4. PROVISION OF FINANCIAL SECURITY 2 180 TORCH CLEAN ENERGY 1 . Introduction Article 6 of Chapter 22 of the Code of Virginia (§ 15.2-2241.2) requires that the owner, lessee, or developer of real property for a solar project enter into a written agreement to decommission the project prior to the approval of the Site Plan. Bartonsville Energy Facility, LLC ("the Owner") submits this Decommissioning Plan (the "Plan") to provide clarity on the methods and process of decommissioning the Bartonsville Energy Facility ("the Project"). The Plan shall be finalized prior to the approval of the Site Plan and shall be binding on each successor and assignee of the Owner. The Project is planned on parcels that total 957 acres, with a maximum of 595 disturbed acres. The majority of the site is located in the Back Creek Magisterial District in Frederick County and a portion is in the Opequon Magisterial District in Stephens City. The Project will interconnect to the FirstEnergy 138kV Bartonsville-Meadowbrook transmission line. The Project is expected to operate for a minimum of 30 years, based on the useful life of the equipment and the warrantees that guarantee that equipment. The Plan describes the approach for removal of the Project and land restoration activities. These measures shall be taken upon the end of the useful life of the Project, or if the Project or any portion thereof ceases to perform its intended function for more than twelve (12) consecutive months. 2. Decommissioning of Solar Facility The Owner shall arrange for and be responsible for the decommissioning of the Project, including the following: Equipment Dismantling and Removal Many of the Project's components are largely composed of recyclable materials, including glass semiconductor material, steel, and wiring. When the project reaches the end of its operational life, reusable and recyclable parts will be dismantled, removed from the site, and transported to reuse or recycling facilities. All waste resulting from the decommissioning of the facility will be transported by a certified and licensed contractor and taken to a landfill facility. Above-ground Structure Decommissioning Solar Panel Arrays and Project Substation: ■ De-energize and disconnect the Project from the utility power grid; ■ Disconnect all above ground wirings, cables, fuses and electrical and protection components and reuse or recycle off-site by an approved facility; ■ Remove concrete foundations of inverter and transformer pads ■ Remove PV modules and metallic structures and ship to reuse or recycling facilities for aftermarket use or recycling and material reuse; 3 181 TORCH CLEAN ENERGY ■ Remove all waste; ■ Remove the perimeter fence and recycle off-site by an approved metal recycler. ■ Remove inverters, transformers, meters, fans, lighting fixture and other electrical components and recycle off-site by an approved recycler; Access Roads: ■ Consult with landowner (if applicable) to determine if any access roads should be left in place for their continued use. ■ If access road is deemed unnecessary, remove access road, and restore access road location as practicable to its previous condition with native soils and seeding. Below-ground Structure Decommissioning ■ Disconnect all underground cables and transmission lines and remove and recycle off-site by an approved recycling facility; ■ Remove all PV panel racking below and above ground, including the steel pile foundations This Plan is based on current best industry practices and procedures. These practices may be subject to revision based on the development of new and improved decommissioning practices in the future. Site Restoration The Owner will develop a comprehensive restoration plan designed to restore the site so it can be returned to its previous use. Restoration will include the following: ■ Redistribution of topsoil, if necessary, to provide similar ground cover as was present prior to the site disturbance. ■ De-compacting of access roads and other areas where soils have been compacted. Where Project infrastructure has been removed, disturbed areas will be seeded with a quick growing native species to prevent topsoil erosion. Erosion and control measures will be installed at ditches and will be left in place until ground cover is fully established. Watercourses Within the project location there are no water bodies (i.e., permanent watercourses, intermittent watercourses, seepage areas or lakes). As no water bodies are present and the renewable energy facility does not release emissions which could pollute the air and water bodies, no impact to aquatic environment is expected. As a result, no restoration of water bodies, either during construction or decommissioning is planned. 4 182 TORCH CLEAN ENERGY Agricultural Lands Once all Project facilities are removed, agricultural and silvicultural lands compacted during project operation (such as access roads) will be de-compacted via tilling, plowing or subsoiling and affected areas will be seeded with native grass species. Similar to the construction phase, soil erosion and sedimentation control measures will be re implemented during the decommissioning period and until the site is stabilized in order to mitigate erosion and silt/sediment runoff. Access roads will be left at landowner's requests or graded to restore terrain profiles (to the extent practicable) and vegetated. If removed, filter fabric will be bundled and disposed of in accordance with all applicable regulations. As necessary, these areas will be backfilled and restored to meet existing grade. This material may come from existing long-term berm or stockpile. Managing Excess Materials and Waste During the decommissioning phase, waste materials will be removed in accordance with applicable local regulations. It is the goal of the Owner to reuse and recycle materials to the extent practicable and to work with local subcontractors and waste firms to segregate material to be recycled. As an example, it is anticipated that nearly 100% of the above grade metal is salvageable based on current industry practices and trends. Many components of the Project are reusable or recyclable and have salvage value. The Owner will manage decommissioning to minimize, to the extent practicable, the volume of project components and materials discarded as waste. Table 1 below outlines the anticipated disposition methods of the different project components. Table 1 Anticipated Project Decommissioning Disposition Methods Concrete Foundations Crush and recycle Solar Panels Reuse or recycle Metal racks and mounts Salvage/recycle Steel piles and rack foundations Salvage/recycle Wiring and cabling Recycle/salvage Inverters, transformers, and breakers Salvage/recycle/reuse Granular material Reuse/dispose Fence steel Salvage/recycle Project Substation Controls Dispose/reuse 5 183 TORCH CLEAN ENERGY Major pieces of equipment such as transformers and breakers are recyclable and reusable and will have significant market value. The solar panels are expected to retain over 80% of their generation capability after 30 years of operation and the potential for re-use is high. Existing solar panel manufacturers have programs to buy and salvage panels. These programs extract the raw materials in the panels to make new panels at a significant discount from new material costs. Recycled materials include the semiconductor and glass. Other components such as electrical cable have a high salvage-market value due to their copper and aluminum content. The same is true for the steel and aluminum racks and foundations that support the solar panels. 3. Provision of Decommissioning Cost Estimate Prior to site plan approval for installation of the Project, the Owner shall provide a Decommissioning Cost Estimate, as determined by a Virginia Licensed Engineer. The Decommissioning Cost Estimate shall be the gross estimated cost of performing the Decommissioning and associated administrative costs, minus 90% of the estimated resale and salvage value of Project equipment. The Estimate will be updated every fifth (5t") year throughout the life of the project. 4. Provision of Financial Security Pursuant to Article 6 of Chapter 22 of the Code of Virginia and County regulation, the Owner shall provide financial security in the form of "certified funds, cash escrow, bond, letter of credit, or parent guarantee" (§ 15.2-2241 .2) for removal of the Facility, amounting to the Decommissioning Cost Estimate as determined. Financial security shall be provided prior to the commencement of Commercial Operations. If the Facility is owned by a public utility company or an independent power producer with an investment grade credit rating with Moody's of Standard and Poor's, no financial security shall be required. 6 184 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS r1ff)A Frederick County Inspections Department 1W Mail to: Hand deliver to: �� ���� Frederick County Inspections Department Frederick County Inspections 107 North Kent Street, 2"d Floor Attn: Building Official ❑d MAY 1 1 2020 Winchester, Virginia 22601 107 North Kent Street, 2 Floor (540) 665-5650 Winchester, Virginia Frederick County Public Works & Inspections Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information, Applicant's Name: Greenway Engineering, Inc Telephone: (640)662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Name of development and/or description of the request: Bartonsville Energy Facility Utility-Scale Solar Photovoltaic Facility Location of Property: Along Passage Road and Springdale Road,west of CSX Railroad in Frederick County and the Town of Stephens City Building Official's Comments: ll __ rr Building Official's Signature & Date.- Notice ate:Notice to Inspections Department Please Return This Form to the Applicant 12 185 Conditional Use Permit for installation of solar arrays shall be designed per the 2015 Virginia Building Code, U-Utility Use Group. Solar panel installation not associated with publicly regulated utilities require permits. Plans submitted for permits may require the design to be sealed by a Registered Design Professional licensed in the State of Virginia. Arrays shall be designed for the applicable loads as required in Chap 16 VBC. Please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure. (Soils, concrete etc..). S.\Site Plan comments120151CUP Solar Arrays.doc 186 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Greenway Engineering, Inc Telephone: (540)662-4185 Mailing Address: 151 Windy Hill Lane Winchester,VA 22602 Name of development and/or description of the request: Bartonsville Energy Facility Utility-Scale Solar Photovoltaic Facility Location of Property: Along Passage Road and Springdale Road,west of CSX Railroad in Frederick County and the Town of Stephens City Fire Marshal's Comments: Fire Marshal's Signature &Date: "' Notice to Fire Marshal- Please Return This Form to the Applicant 11 R�CFIVED MAI 14 187 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester,VA 22602 Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Conditional Use Status: Approved with Conditions Business Name Bartonsville Energy Facility Bartonsville Energy Facility Passage Rd/Springdale Rd Stephens City, Virginia 22655 Engineering Firm Printed Date: 05/14/2020 Greenway Engineering General Information Received Date: 05/14/2020 Occupancy Type: Review Begin Date: 05/14/2020 Property Use: j Review End Date: 05/14/2020 Activity Number: 105BJ018 Hours: 1.5000 Review Cause: New Construction lActivity Details Project Name Solar Photovoltaic Facility Comments: Access roads shall be 20 feet of drivable surface in width for fire department/EMS service access, Identifying"zones"or naming access roads within the site would greatly assist in Fire department services. /4 / � Adam Hounsheli Lieutenant/Assistant Fire Marshal Page 1 of 1 188 7 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Mail to: Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg, Virginia 22824 Winchester, Virginia 22603 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this force. Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Greenway Engineering, Inc Telephone: (540)662-4185 Mailing Address: 151 Windy Hill Lane Winchester,VA 22602 Name of development and/or description of the request: Bartonsville Energy Facility Utility-Scale solar Photovoltaic Facility Location of Property: Along Passage Road and Springdale Road,west of CSX Railroad in Frederick County and the Town of Stephens City Virginia Department of Transportation Comments: The application for a Conditional Use Permit for these properties appear to have little r VDOT facilities providing access to the properties. Locations have been identified for a low- vo 1 ume-commercial entraTrce, on Route 48 and Route 649. ThPMew-entrjnreTwftYnuud-tcF- meet VDOT standards for the proposed use. Should the use ever expand in the future, the entrances will need to e re ewe 1 toa ermine i s i lona ,mprovemen s may e VD[3�7,9ature & Date: e21, ' Notice to VDOT- Please Return Form to Applicant 10 189 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Department of Public Works Mail to: Hand deliver to:. Frederick County Dept. of Public Works Frederick County Dept. of Public Works 107 North Kent Street, Suite 200 Attn: Director of Engineering Winchester, Virginia 22601 107 North Kent Street, Suite 200 (540) 665-5643 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Inc. Telephone: (54o)662-4185 Mailing Address: 151 Windy H1111-ane Winchester, VA 22602 Name of development and/or description of the request: Bartonsville Energy Facility Utility-Scale Photovoltaic Facility Location of Property: Along Passage Road and Springdale Road, west of CSX Railroad in Frederick County and the Town of Stephens City Department of Public Works Comments: Public Works Signature & Date: _ - ----- - -- -------- Notice - _ _____ Notice to Dept.of Public Works—Please Return This Form to the Applicant 12 190 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Town of Stephens City =�w' Mail to: Hand deliver to: Town of Stephens City Town of Stephens City P.O. Box 250 Attn: Town Manager Stephens City, Virginia 22655 1033 Locust Street (540) 869-3087 Stephens City, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Greenway Engineering. Inc. Telephone: (54o)662-4'185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Name of development and/or description of the request: Bartonsville Energy Facility Utility-Scale Photovoltaic Facility Location of Property: Along Passage Road and Springdale Road,west of CSX Railroad in Frederick County and the Town of Stephens City Town of Stephens City Comments: j1AF- -MWO PAS )Jo "1D 1146 CUD A'WCA'nOM ANO WtU- ?"%Jl . MMME.WCF3 AT 'AIME bP S r% PtAK) Su6,MMAt . Town of Stephens City Signature & Date: Notice to Town of Stephens City—Please Return This Form to the Applicant 12 191 f COUNTY of FREDERICK Department of Planning and Development 540/665-5651 ti,Rcrw, Fax: 540/ 665-6395 June 18, 2020 Evan Wyatt Greenway Engineering 151 Windy Hill Ln Winchester, Virginia 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Conditional Use Permit—the Bartonsville Energy Facility— Utility Scale Solar Project Zoning: RA (Rural Areas) District Magisterial District: Back Creek Dear Mr. Wyatt: The Frederick County Historic Resources Advisory Board (HRAB)considered the above referenced Conditional Use Permit application during their meeting on June 16, 2020. The HRAB reviewed information from the Virginia Department of Historic Resources (VDHR) and information provided by the Applicant. This application seeks to construct a utility scale solar project located on 68 parcels of land that total 957 acres. The project will consist of rows of ground-mounted photovoltaic modules,commonly known as solar panels. The site is located along Passage Road and Springdale Road, west of the CSX corridor and the Town of Stephens City. Historic Resources Advisory Board Comments: The following historic resources are located on the subject site: • #034-1078 Cherry Dale (Mary Stephens House) —located on site—74-A-20 ■ Eligible for listing in the National Register of Historic Places (NRHP) • Survey Area 2 has a structure (labeled building 1) that is not mapped. o Building 1 is located in the southern portion of the APE and consists of a series of collapsed buildings. Investigators did identify a potential residence, barn, and several collapsed outbuildings.The property is in the relative mapped location of the building attributed to R. R. Turner on the 1885 atlas (see Figure 13). No evidence of the adjacent building depicted on the early twentieth century quadrangles was noted during the reconnaissance. (Phase 1A survey - see page 22 for text and appendix C for photograph). The following historic resources are located adjacent or within the vicinity of the subject site (buffer area as described in the Applicant's Phase 1A survey): 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 192 Historic Resources Advisory Board CUP Comments—Bartonsville Energy Facility June 18, 2020 Page 2 • #034-0071— Rice Robinson House • #034-0083 - Carter Hall ■ Eligible for listing in the NRHP ■ Located adjacent to the area of potential affect (APE) • #034-1044—Willow Grove ■ Located adjacent to the area of potential affect (APE) • #034-0007— Kernstown Battlefield ■ Eligible for listing in the NRHP After reviewing the information provided, the Historic Resources Advisory Board (HRAB) recommended approval of the CUP with the following comments: • The buffers around the historic resources should contain a mixture of evergreen plant species to ensure a natural appearing vegetative buffer. • An enhanced buffer along Carter Hall should be provided; similar to the buffer surrounding the proposed substation. • A Phase 1 Archeological Survey will be completed as part of the permitting of this project. This survey should document the collection of historic structures on and around this development. o This survey should determine if the structures onsite (Building 1 and associated structures within survey area 2) are potentially significant. o This survey should determine if this area would qualify as a rural historic district. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins, AICP, CZA, Assistant Director CEP/pd cc: Chris Oldman, HRBA Chairman, Tyler Klein 193 C0�� Special Limited Power of Attorney Q County of Frederick, Virginia Frederick Planning Website: wwwAvams 'I}JS Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: R&T Packing Corporation Name of Propcsty Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above, Iflnultipfe persons own the properly or are applicants,an eecuted power of attorney from each owmer will be needed. 1835 Valley Avenue,Winchester,VA 22601I Sesta Z.-35q'f Mailing Address of'Property Owner/Applicant Telephone Number as owner of,or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, i Virginia, identified by following property identification numbers: 74-A-4 do hereby make,constitute, and appoint: Sam Gulland and Scott Leach,or either of them Nanie ofAttornev-lrl-T=act Bartonsville Energy Facility,LLC, 230 Court Square Sttite 6102, Charlottesville,VA 22902 703.999-4280 MaOing Address of Attorney-In-Pact "tblephone Number to act as my true and lawful attorney-in-fact for and in my name, place,and stead,with the same full power and authority I would have if.toting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the following, for the above identified property: Rezoning ❑ Subdivision ✓ Conditional Use Permit Q Site Plan ❑ Master Development Plan (prelim. or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. i i This appointment shall expire one year from the day that it is signed,or at such sooner time as I atherwisc rescind mo lily it. signature JJ c 3 Title(if sioni g on behalf c f an entity j I State of li.; `rn` e, C-O-U+Uy/City of e SA.:a To wit: [, a Notary Public in and For the jurisdiction aforesaid, certify that the person who signed the fol•egoing instrument personally appeared before rnw and has acicnovdcdged the same before me in thejurisdiction aforesaid this Z2 day ofrnov 20 3.Z My Conirnission Expires: { Notary Public Registration Number: _ ,., Mighoue R, Rggpra Commonwealth of Virginia f NotBfy F'ubiie --- """a My Commission Expires 2/2812021 194 `BVI COCF Special Limited Power of Attorney 04 County ,of Frederick, Virginia Frederick Planning Website: www.fcva.us IUA Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Eleanor Brim Name of Property Owner/Applicant Please note: If the property ownerlapplicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power ol'attorney frorn each umer will be,Zeeded. qI�5 32.,E &4A- SW 5; ,wAatls �rtlo) "5A— `l5 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-6C do hereby make,constitute,and appoint: Sam Gulland and Scott Leach,or either of them Name of Attorney-In-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite B102,Charlottesville,VA 22902 703-999-4280 Mailing Address of AttorneyAn-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli fiion with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision ✓ Conditional Use Permit Site Plan Master Development Plan (prelim, or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire on year from the day that it is signed,or at s otherwise rescind or modif KELSEYLWHITE Notary Public State of Washington Signature My Appointment Expires Title (if signi on be alf of an entity) State of := County/City of , To wit: 1, i&Le e4 —, a Notary Public in and for the jurisdiction aforesaid, certify that the person who, igned the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid thisOtt' day of 1420r My Commission Expires: �- otary Public Registration Number: 195 4�G COSpecial Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us ISN Department of Planning & Development,County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: William Staples Name of Property Owner/Applicant Please note: Ifthe property owner/applicant is an entity,the name ofthe entity-should appear above. If multiple persons cmn the property or are applicants,an executed power of attorney from each owner will he needed. P.O.Box 986 Stephens City,VA 22655 Com) 130-51("o Nlailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or pareel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 74-A-2o do hereby mare,constitute,and appoint: Sam Gulland and Scott Leach,or either of them Name of Attorney-In-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite B102,Charlottesville,VA 22902 703-999-+1280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to applig ion with Frederick County,Virginia for the following,for the above identified property: . Rezoning ,/ Subdivision Conditional Use Permit f Site Plan ` Master Development Plan(prelim. or final) Variance or Zoning Appe and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature C. t Title (if signing on behalf of an entity) c� / o /C.�� '�C fit State of v , County�y of , To wit: 1, r fe>�iI a Notary Public in and for the jurisdiction aforesaid, certify that the pet-46n who signed the oregoing instrument perso Ily appe before me and has acknowledged the sai-ne before me in the j urisdi ion aforesaid this A day of My Commission Expires: Notary P lic Registration Number: 1 , 196 �Gx CO Special Limited Power of Attorney 04 � County of Frederick, Virginia Frederick Planning Website: www.feva.us ySRGIA! I1]F Department of Planning &e Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: A.P.R. Mini-Storage L.L.C. Name of Property Owner/Applicant Please note: if the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or sire applicants,an executed power of attorney from each owner will be needed. 1215 Marlboro Road,Stephens City,VA 22655 X5 1 (,(.-1 -$i0c) Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s)or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 74-A-35A do hereby make,constitute,and appoint: Sam Gulland and Scott Leach,or either of them Name of Attorney-In-Fact Bartonsville Energy Facility, LLC,230 Court Square Suite 8102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-in-Fact Telephone Number to act as my true and Iawful attorney-in-fact for and in my name, place, and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the above identified property: Rezoning Q Subdivision ✓ Conditional Use Permit Z Site Pian Master Development Plan (prelim. or final) Variance or Z �0°,o and,further, my attorney-in-fact shall have the authority to offer proffered condition' s nm amendments to previously approved proffered conditions except as follows: A ,•� , .41 �` O None. 407 •r �� This appointment shall expire one year from the day that it is signed,or at such soolmPA.1 otherwise rescld or modify it. �TH o� 1� �qd° 4Signature �-- Title(if signi n behalfof n entity) r �L mk4r Stat of , Count f , To wit: 1, , a Notary Public in and for the jurisdiction aforesaid, certify that the son who signed the oregoing instrument personally appeared before me and has acknowledged the sa before me ' the juri fiction aforesaid this,__day of , 20a.a My Commission - 1 Public Registration Number: 197 co M tiG� �QG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning&Development,County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Louis Carbaugh Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 5140 Passage Lane,Stephens City,VA 22655 540-869-3165 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-44 and 74-A44A do hereby make,constitute,and appoint: Sam Gulland and Scott Leach,or either of them Name of Attomey-In-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite 8102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney4n-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision ✓ Conditional Use Permit 0 Site Plan Master Development Plan(prelim.or final) [3 Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify //it. Signature _ -_SG�LrTlr Title(if signing on behalf of an entity) State of 9t r s.;r.A7 ,County/City of � � c-`Z., To wit: I, S "� 0 ,a Notary Public in and for the jurisdiction aforesaid, certify that the person who signr,4he foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this o day of AILrtXW— 1202-0 �. My Commission Expires. 3 1202.l Notary Vu Registration Number: t STACEY NOTS PA ROWE REGISTRATION U 367649 CCMMONWEALTH OF VIRGINIA MYMES JULY 31,2021 rn rn co Special Limited Power of Attorney County of Frederick, Virginia m Frederick Planning Website: www.fcva.us ,r asrp 7 Department of Planning&Development, County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Margaret Carbaugh Wolfrays Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A44 and 74-A-44A do hereby make,constitute,and appoint: Sam Gulland and Scott Leach,or either of them Name of Attorney-In-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite 6102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to app li tion with Frederick County,Virginia for the following,for the above identified property: Rezoning 0 Subdivision Conditional Use Permit 0 Site Plan Master Development Plan(prelim.or final) E] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise res ind or modify it. Signature . Y44—� Title(if signing o4 behalf of an e State of 1 ire`!1 r.%a� County/City of e c�.e `clC.. ,To wit: a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed e foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this IS day of Lt r1Q ,202 0 _ My Commission Expires 2,,1 202-1 Notary u Ic ( .- Registration Number: -2>U-A�6I L4 4T STACEY SI-IEA ROWE NOTARY PUBLIC REGISTRATION#367649 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31,2021 C) 0 N Special Limited Power of Attorney c County of Frederick, Virginia Frederick Planning Website: www.fcva.us sw� Department of Planning&Development, County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Helen Carbaugh Pyne Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-44 and 74-A-44A do hereby make,constitute,and appoint: Sam Gulland and Scott Leach,or either of them Name of Attorney-in-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite B102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision Conditional Use Permit 0 Site Plan Master Development Plan(prelim.or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature flJ VA,^--, C " �"-") Title(if signing on behalf of an entity) State of i ALA ,County/City of �.t-c�.4c.fit- ,To wit: v I, -'� k2AX4:k4._ ,a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeard before me and has acknowledged the same before mein the jurisdiction aforesaid this J q, day of ,2020 My Commission Expires. -61 .2-621 Notary Publi Registration Number: SU-IqeqA T- C) CV 4�c cQG� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning&Development, County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Joseph Carbaugh Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A44 and 74-A44A do hereby make,constitute,and appoint: Sam Gulland and Scott Leach,or either of them Name of Attorney-In-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite 8102,Charlottesville,VA 22902 703-9994280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney4n-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to app li tion with Frederick County,Virginia for the following,for the above identified property: Rezoning 0 Subdivision Conditional Use Permit 0 Site Pian Master Development Plan(prelim.or final) [] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature 614� Title(ifs' ' g on ehalf of an entity) State of V11(4c,n'tn County/City of � ?I? ,`C .- , To wit: I, U ,a Notary Public in and for the jurisdiction aforesaid,certify that the person who si the foregoing instrument personally appe ed before me and has acknowledged the same before mein the jurisdiction aforesaid this day of .2026 My Commission Expire • ,'2,62 Notary Pu Ic Registration Number: STACEY SHED A t WE NOTARY PUBLIC REGISTRATION#367649 COMMONWEALTH Of VIRGINIA MY JULY 31,2021 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us 'A; 1734 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Robert R.Staples Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 1708 Tunbridge Drive Richmond,VA 23238 l 800 ©- 0l Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to,the tract(s) or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-45 do hereby make,constitute,and appoint: Sam Gulland and Scott Leach,or either of them Narne of Attorney-In-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite B102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following, for the above identified property: Rezoning F1 Subdivision ✓ Conditional Use Permit ❑✓ Site Plan Master Development Plan(prelim, or final) © Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if si ing on be alf of an erfti State of V e� n�� ,County/City of wry 66 , To wit: I, �G n ll r�y�H 7` , a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jur' tion aforesaid this z2l t+ day of 20,20. My Commission Expires: Notary Public Registration Number: q1 p/ 'y.3 ;NOTARYEN M YOUNT PUBLIC REATION 11 4101543 COMEALTH OF VIRGINIA NAY COMMISRInN EXPIRES NE 30, 2022 202 c� Co Special Limited Power of Attorney 4 County of Frederick, Virginia w Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Stephen Dubois Brim Name of Property Owner/Applicant Plcase note: If the property ownerlapplicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 254 W Queen St.Strasburg,VA 22657 CsY60 92,5-S 96 , Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to,the tract(s) or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 74-7 1-1 through 74-7 1-6(Springdale Glen,Section 1);74-5-1 through 74-5-52(Carrollton Estates) do hereby make, constitute, and appoint: Sam Gulland and Scott Leach,or either of them Name of Attomey-In-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite B102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-[n-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place,and stead,with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to appli anon with Frederick County, Virginia for the following, for the above identified property: Rezoning ❑ Subdivision Conditional Use Permit 0 Site Plan Master Development Plan(prelim, or final) ❑ Variance or Zoning Appeal and, further, my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on be&f of an entity) State of ,n , County/City of , To wit: U. 1, i C r10u()C— , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument pers ath lly appeared before e and has acknowledged the same before mein the jurisdiction aforesaid this day of _, 210 My Commission Expires: Ja ZQ zq Notary Public Registration Number: Brandi Michelle Clark Commonwealth of Virginia Notary Public I a- Commission No.7523641 203 CO Special Limited Power of Attorney 4 � County of Frederick, Virginia a Frederick Planning Website: www.fcva.us ,.c M nx Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Elizabeth Hope Brim Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 254 W Queen St.Strasburg,VA 22657 uod S_ X ea Mailing Address of Property Owner/Applicant T Telephone Number 66 as owner of,or applicant with respect to, the tract(s) or pareel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 74-5-1 through 74-5-52(Carrollton Estates) do hereby make, constitute, and appoint: Sam Gulland and Scott Leach,or either of them Name of Attorney-In-Fact Bartonsville Energy Facility, LLC,230 Court Square Suite B102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place, and stead,with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to appli tion with Frederick County, Virginia for the following,for the above identified property: Rezoning F] Subdivision Conditional Use Permit El Site Plan Master Development Plan(prelim. or final) ❑ Variance or Zoning Appeal and,further, my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed, or at such sooner time as 1 otherwise peiscind or modify it. Signature ty- �a4 (if signing on behalf of an entity) State of , County/City of , To wit: 1, , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument perso ally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of , 20&d My Commission Expires: Notary Public Registration Number: Brandi Michelle Clark Commonwealth of Virginia Notary Public Commission No.7523641 Minion Expires 204 c o Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wvvw.fcva.us Department of Planning &Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (544) 665-6395 Know All Men By These Presents That: Brawner Cates Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owtnt,e�r,�WiAy be needed`. 254 W Queen St.Strasburg,VA 22657 95L LD ` (;, (o Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to, the tract(s)or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 74-5-1 through 74-5-52(Carrollton Estates) do hereby make,constitute, and appoint: Sam Gulland and Scott Leach,or either of them Name of Attorney-In-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite 8102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place, and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appy tion with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision Conditional Use Permit Site Pian Master Development Plan(prelim. or final) 0 Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind Signature Title(if sin�g on behalfof an entity) c� State of-r I,r�r�A u ,County/City of _- :,t(� � � , To wit: 1, l JCAV.r) fir til r , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the for going instrument personally appearsA before me and has acknowledged the same before i jurisdi ion aforesaid this�day of 2WU l - My Commission Expires: 01-A &2(-)Q4 Nota Pu c Registration Number:_ ' l DAKOTA HOWARD i4,• notary Public State of Florida .� � Commission#GG 952210 or My Comm.Expires Jan 28,2024 205 tit; cod Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us 1WIN Department of Planning& Development, County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Hilary Afshary Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants an executed power of attome from each owner will be needed. S� r. 7 ID-- 23"Z �-f O Mailing Address of Property Owner/Applicant `n � p�b7� Telephone Number as owner of,or applicant with respect�,the tractp Ys) or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-5-1 through 74-5-52(Carrollton Estates) do hereby make, constitute,and appoint: Sam Culland and Scott Leach,or either of them Name of Attom ey-In-Fact Bartonsville Energy Facility, LLC,230 Court Square Suite 8102,Charlottesville, VA 22902 703.999-4280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli ion with Frederick County,Virginia for the following,for the above identified property: Rezoning in/ Subdivision ✓ Conditional Use Permit ,/ Site Plan Master Development Plan(prelim. or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to of er proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day thai it is si ed., or ni-gurlLssua me as I otherwise rescind or modify it. JESUS H.ALVAREZ ARROYO NOTARY PUBLIC Signature t 0STATE OF COLORADO Title(if signing on bel f an entity) 201 4036389 MY COMM.EXPIRES SEPT.20,2020 State of C�/� c� �, County/City of wit; I, 41">V?- /I-Wo V d , a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instalment personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 2a f' day ofP 20Jo 42 My Commission Expires:� I o D2Ca Notary Public Registration Number: 1/a 206 �Gx coG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning 'Website: www.fcva.us w Department of Planning& Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Judith Cates Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 102 Forest Valley Rd.Winchester,VA 22602 r�fly t �Gl (C+("`J� Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 74-7 2-7 through 74-7 2-12(Springdale Glen,Section 2);74-5-1 through 74-5-52(Carrollton Estates) do hereby make, constitute,and appoint:. Sam Gul land and Scott Leach,or either of them Name of Aaorney-In-Fact Sartonsville Energy Facility,LLC,230 Court Square Suite 6102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney4n-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to app]i don with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision ✓ Conditional Use Permit Site Plan Master Development Plan(prelim. or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature; 1� l 0�� � Title(if signing on behalf of an entity) State of I 'l��iclb. , County/City of Scscc'SD�t ,To wit: 4 V1{A )J',, �� , a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the fore ing insh-ument personally appeare before me and has acknowledged the same befor in- e jurisdic 'on aforesaid this (&"-day of 20a�? -r2' e My Commission Expires: C�� "rg rv�OrJ�Y —Not Pub c _ _ tr tion Number: [=xC-7 �7So2 d .............. DAKOTA HOWARD Notary Public•State of Florida Commission#CSG 952210 ?or :Ft,, My Comm,Exp#reg Jan 28,2024 207 00 C) C\I CO Special Limited Power of Attorney County of Frederick, Virginia Frederick PlannitigWebsite: Department of Planning& Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: R&T Packing Corporation Name of"Propert t, OvN-ner/Applicant , Please note it lllepropori% isim entity,the name ortheentity should appear above I t'111 Lilt OWI the jA0j)1JIv 11 a11 an ee:�UlCd ,I .—I.__:i 1835 Valley Avenue,Winchester,VA 22601 323000 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or pareel(s) of land in Frederick County, Virginia,identified by following property identification numbers: do hereby make,coilistitute,and appoint: Greenway Engineering,Inc. Nainc,ot'Attorney-In-Fact 161 Windy i fill Lane,Winchester,VA 22602 540-662-4185 Midiino Address ol'Attornev-ln-Facl Telephone NLIIIIII(T to ;wlas ray true and lawful attorney-in-tact for and in my name, place,and stead,with the same foil pcv,,,�:r en'd i;athoray 1. wimid. have if acting per anally, to file and k.c, onnny beliftan VeSpe"t to appucalicla with Frederick County, Virainia above id for the following, for the er Rezoning to, Z� U tified property: F] Sub-'ivisioll ✓ Conditional Use Permit Zj Site Plan Kaster Develop-Ment Ilan ,"prtliai. or finall' I.1 r a 1,l vfl L I and,fitirther,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year fr the(day that it is signed,or at such sooner time as I otherwise rescind fIPtaTxHfk it it. o Title(ji'signiAg on behalf State 01, Vi(i i0kQ County/City Of UO VN C16 S4 To wit: 1, �. R PC St��5 Ii- 11– — 1" 111, �110, t JILI _ a�,Iolary Rublic in )-the the person who Signed the foregoing instFUrnent personally-appeared before me and has acknowledged the t, I same hefbrc nie in the jurisdiction aforesaid this day ol- _,Yxvie- 0 Lo Notary PLIbliC Registration Nurnber: 33 Q)i Commonwealth of Virginia Notary Public My Commission Expires 2/28/2021 M C) C14 Special Limited Power of Attorney V10 County of Frederick, Virginia W Frederick Planning Website: www.feva.us yuan Department of Planning& Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Eleanor Brim Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or arc applicants,an executed power of attorney from each owner will be needed, 4125 32nd Ave.SW,Seattle,WA 98126 540-758-8495 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-6C do hereby make,constitute, and appoint: Greenway Engineering, Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following, for the above identified property: Rezoning E] Subdivision ✓ Conditional Use Permit nt/ Site Plan Master Development Plan(prelim. or final) M Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. ill I XAt4 E P This appointment shall expire one year from the day that it is signed,or at such soon �p otherwise rescind or modify it O DoT Ajj, Signature Title(if sign 4-onb o an entity) (PA 0— ER State of County/City of (I J, T- a Notary Public in and for the jurisdiction aforesaid, certify that the pert on who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the j diction aforesaid this day of 20ZP My Commission Expires: 10 Not ublic Registration Number: U 7-19 C) N Special Limited Power of Attorney a County of Frederick, Virginia Frederick Planning Website: www.fcva.us N I] Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: William Staples Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. P.O.Box 986 Stephens City,VA 22655 540-869-5160 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-20 do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli mtion with Frederick County,Virginia for the following,for the above identified pro erty: Rezoning Z Subdivision - At; daxr'IJ ✓ Conditional Use Permit 0 Site Plan '4 t`N6&& ©Aeon Master Development Pian(prelim,or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature k / JAiA� z - 2 )j zam-1 - Title(if signing on behalf of an entity State of L )k - ,& .m C* County/City of s .cr , To wit: I, (I � , a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the I it! same before mein the jurisdiction aforesaid this day of .20 20 My Commission Expires: (a,t3( Notary Public Registration Number: ' � .J r� CV CV Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us 0.GtA} Department of Planning& Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Louis Carbaugh Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 5140 Passage Lane,Stephens City,VA 22655 540-869-3165 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A44 and 74-A-44A do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to app li tion with Frederick County,Virginia for the following,for the above identified property: Rezoning 0 Subdivision ✓ Conditional Use Permit El Site Plan Master Development Plan(prelim.or final) [] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. SignatureU rt Title(if signing on behalf of an enti�r State of `1li"Qhno,R County/City of � � , To wit: I, ��' �CX4X_ ,a Notary Public in and for the jurisdiction aforesaid,certify that the person who sigtie4the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this 11?> day of �tX L� ,202-x` My Commission Expires:_ 1`— Notary Publkj Registration Number: -7 tA91 STI�NOTARY PURRC`"� REGISTRATION#3676'JIR49 CuN1MONWEALS7IHON EXPIR SGINIA JULY 31, M N c c©� Special Limited Power of Attorney a � County of Frederick, Virginia a Frederick Planning Website: www.fcva.us me Department of Planning&Development, County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Margaret Garbaugh Wolfrays Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-44 and 74-A-44A do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney4n-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to app . ation with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision ✓ Conditional Use Permit Site Plan Master Development Plan(prelim.or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature - Title(if signing o behalf of an (i ) State of r fl'V=� County/City of -E'- a-�`��-. ,To wit: a Notary Public in and for the jurisdiction aforesaid,certify that the person who signJthe foregoing instrument personally appeafed before me and has acknowledged the same before me in the jurisdiction aforesaid this day of M2,.0 My Commission Expires S1,262- 1 9_01WT41is Registration Number: ?ta`7 1 . 9 STACEY SHEA ROWE NOTARY PUBLIC REGISTRATION#367649 MY COMMISSION EXPIRES ,J LILY 31,2021 CV lG1c coG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us S`PGlhj 1 Department of Planning& Development, County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Helen Carbaugh Pyne Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-44 and 74-A-44A do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney4n-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to app li tion with Frederick County,Virginia for the following,for the above identified property: Rezoning 0 Subdivision Conditional Use Permit 0 Site Plan Master Development Plan(prelim.or final) [] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature .tit./" PA4 LL,,44 Title(if signing on behalf of an entity State of County/City ofTo wit: I, <�: a Notary Public in and for the jurisdiction aforesaid,certify that the person who sigtreh the foregoing instrument personally appear d before me and has acknowledged the same before mein the jurisdiction aforesaid this 19 day of '2029 9 My Commission Expires:., (: 20'21 Notary Pu is Registration Number: r� STACEY SHEA ROWE NOTARY PUBLIC REGISTRATION#367649 COMMONWEALTH s MY COMMISSION EXPIRES]®�� N Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Joseph Carbaugh Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 5145 Passage Lane,Stephens City,VA 22655 540-869-2156 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-44 do hereby make,constitute,and appoint: Greenway Engineering, Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the following,for the above identified property: Rezoning F] Subdivision ✓ Conditional Use Permit o Site Plan Master Development Plan(prelim.or final) F� Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if si g on t461f of an entity) jZ State of V ,County/City of ��, ,To wit: I, �+e+�tr —,a Notary Public in and for the jurisdiction aforesaid,certify that the person who si the foregoing instrument personally appeqred before me and has acknowledged the same before mein the jurisdiction aforesaid this 1` day o"AAU,. 202-0 <: My Commission Expir 2QZ Notary Registration Number: �A-1 STACEY SHEA ROWE NOTARY PUBLIC REGISTRATIO 67649 rn NW RUTH Of VIRGINIA MY COMMI JULY 31 2021 oo T1- C14 _r14 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning& Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Robert R.Staples Name of Property Ovxmer/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 1708 Tunbridge Drive Richmond,VA 23238 804-750-1013 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli ion with Frederick County,Virginia for the following,for the above identified property: Rezoning n Subdivision Conditional Use Permit n7 Site Plan ' Master Development Plan(prelim.or final) E] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Title(if signing on behalf of an eiltiv a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the J isdiction aforesaid this I 1, ro- day of ef 2 0--A0 My Commission Expires: Notary Public Registration Number: !y1015q2 I S1. 43D FR E G:1S ,RATION#*1015 13 VIRGINIA Air-AIII.-I Cot � ti Special Limited Power of Attorney County of Frederick, Virginia " Frederick Planning Website: www.Ywva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Stephen Dubois Brim Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed, 254 W Queen St.Strasburg,VA 22657 540-465-8495 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 74-7 1-1 through 74-7 1-6(Springdale Glen,Section 1);74-5-1 through 74-5-52(Carrollton Estates) do hereby make,constitute, and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli m lion with Frederick County, Virginia for the following, for the above identified property: Rezoning F] Subdivision ✓ Conditional Use Permit R Site Plan Master Development Plan(prelim, or final) E] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if signing onf6ehalf-of an entity) State of \)�'fatn 'a County/City of 5 �AYC'A-0 Clay-,1h To wit: Mi (1—U(--I L a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appea ed before me and has acknowledged the e before me in the jurisdiction aforesaid this It" day of 0,k 20'20 My Commission Expires: be"rr-3) Nota--A,Pit lie, Registration Number: F, :5-0 Brand!Michelle Clark Commonwealth of Virginia Notary Public NIr CQ-0m ommission No.75,23. 641 X Uon sxplm oo rn N Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning&Development,County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Brawner Cates Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. if multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 254 W Queen 5t.Strasburg,VA 22657 540-409-6039 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-5-1 through 74-5-52(Carrollton Estates) do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662.4185 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority i would have if acting personally,to file and act on my behalf with respect to app li tion with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision Conditional Use Permit ,i Site Plan Master Development Plan(prelim.or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment Shlallpire one ro>n the day that it is signed,or at such sooner time as I otherwise rescipd' m ify it. f Signature e' m Title(if si ng on beh#lf of an entity) State of vla"'k)�t COuntylC ty of �i7 To wit: I, A4-z J/;/h a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appear#before me and has acknowledged the same before me in the jurisdiction aforesaid this day of ,20 My Commission Expires: " Notary Public Registration Number: � 7i r �. LAURIE D VIATS a NOTARY PUBLIC C%uMMONWEALTM OF VIRGINIA ;ty COMMISSION EXPIRES DEC.31,2022 �:OMMISSION#7246771 CD N N Special Limited Power of attorney County of Frederick, Virginia Frederick Planning Website: wwwAva.us �yGtA) n Department of Planning& Development,County of Frederick,Virginia 147 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Hilary Afshary Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 8154 E 25th Dr,Denver,CO 80238 720-212-1440 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-5-1 through 74-5-52(Carrollton Estates) do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester VA 226022 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli ion with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision Conditional Use Permit n Site Plan Master Development Plan(prelim.or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to mFgQ amendments to previously approved proffered conditions except as follows: None. LLJ This appoin ent shall expire a year from the day that it is signed,or at such sooner time as Itr otherwise ci or odify it.Signature Title(if signing on beh of entity} State of icaIrrrn o-z ,County/City of Oaf o.- To wit: f�1�},1a Notary Public in and for the jurisdiction aforesaid,certify that the per who signed the foregoing Instrument personally appeared before me and has acknowledged the sam re e jurisdiction aforesaid this 1 day of-ff ri- ,20Z6 My Commission Expires �2 J Notary Public Registration Number: N N 4�c� oG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning&Development,County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know Ali Men By These Presents That: Judith Gates Name of Property Owner/Applicant Please nate: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 142 Forest Valley Rd.Winchester,VA 22602 540-409-6039 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-7 2-7 through 74-7 2-12(Springdale Glen,Section 2);74-5-1 through 74-5-52(Carrollton Estates) do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority 1 would have if acting personally,to file and act on my behalf with respect to app ' tion with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision ✓ Conditional Use Permit Site Plan Master Development Plan(prelim.or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if signing on behalf of an entity) State of K11'4'1)1%- County/City of _I �r" r'� To wit: a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this_ day of , 1;.,�. ,24 dr-' My Commission Expires: / Notary Public Registration Number: Z 2?/ LAURIE D VIRTS NOTARY PUBLIC ' '14 NWEALTH OF VIRGINIA :SSION EXPIRES DEC.31,2022 :OMMISSION#7246771 N N N Special Limited Power of Attorney a County of Frederick, Virginia Frederick Planning Website: www.fcva.us R Department of Planning &Development, County of Frederick, VirginiaA 107 North Kent Street,Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Bartonsville Energy Facility,LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 230 Court Square,Suite 8102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: applicant(Bartonsville Energy Facility,LLC) do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following, for the above identified property: Rezoning F] Subdivision ✓ Conditional Use Permit o Site Plan Master Development Plan(prelim.or final) F-1 Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if signing on behalf of an entity) AuOaPiya -C In f State of County/City of To wit: Jhl A 'te(NAt- A CA/fi Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument pers nally appeared before me and-has acknowledged the same before me in the jurisdiction aforesaid this day of "+2- 20 My Commission Expires: Ea Jr ZDV Not ry Public s _ Registration Number: 11001chip MARSHA A MANDICHAK Notary Public Commonwealth of Virginia Regi tration No 7709546 My Commission Expires Oct 31,2020 co CN C14 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning &Development, County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Wright Renovations,Inc./Linda Wright Name of Property Owner/Applicant Pleasenote: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 124 Page Court,White Post,VA 22663 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or pareel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-21 do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540-662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to applim Lion with Frederick County,Virginia for the following,for the above identified property: Rezoning F] Subdivision Conditional Use Permit Fv] Site Plan Master Development Plan(prelim. or final) M Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if s'lgn'ing on behalf of atkAtity) State of VA- County/City of To wit: 1, a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the fo-egoing instnIment personally appeared before me and has acknowledged the same before mein thejurisdiction aforesaid this L95— day of & C±iLpMAN POPE '3 1 * 7r My Commission Expir J'A'�-4 E S "U" NOTARY Pk,li5L.11- Notar3(--hibk-1'- Registration Number: 'i ct4623 LAL 'I RG I NIA IR S P E S]' 202 R L . ] R 3'1,20 L COMMOW�' _ vIRGINIA A L MY comtviisslc)�� EXPIRLb I D-ECF E N N Special Limited Power of Attorney a County of Frederick, Virginia o� Frederick Planning Website: www.feva-us inns Department of Planning&Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Wright Renovations,Inc./Linda Wright Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 124 Page Court,White Post,VA 22663 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-21 do hereby make,constitute,and appoint: Sam Gulland and Scott Leach,or either of them Name of Attorney-In-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite B102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney4n-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following, for the above identified property: Rezoning ❑ Subdivision Conditional Use Permit Q Site Plan Master Development Pian(prelim.or final) E] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise resci or modifyL`-�ity) Signature _ Title(if signing on/behalf of a State of County/City ofTo wit: l, � tC" ,a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this C day of A U 6- __,20;—>C My Commission Exp' �E Notary Pubic Registration Number. NOTARYpoBLI` OL REGISTRATI IA COMMONWEALTH , F VIRGIN MY DECCEMIBSSI ER 3N 2024RES 4t�t< coy Special Limited Power of Attorney County of Frederick, Virginia 0 Frederick Planning Website: www.feva.us Department of Planning& Development, County of Frederick, Virginia 107 North Kent Street,Winchester, Virginia 22601 Phone (540)665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: West Oaks Farm Market,LLC/Joseph Snapp Name o£Property Owner/AppIicant Please note Ifthe property owner/applicant is an entry,the name of the entity should appear above. lfmultiple persons own the property or are applicants,an executed power ofattorney from each Owner will be needed. 229 West Oaks Lane,Winchester,VA 22602 Mailing Address of Property Owner/Applicant 'Ielephone Number as owner of,or applicant with respect to,the tract(s) or parcels)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-3 do hereby make,constitute,and appoint: Sam GulIand and Scott Leach,or either of them Name of Attorney-In-Fact Bartonsville Energy Facility,LLC,230 Court Square Suite B102,Charlottesville,VA 22902 703-999-4280 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to applition with Frederick County,Virginia for the following, for the above identified property: Rezoning Subdivision Conditional Use Permit ZSite Plan Master Development Plan(prelim.or final) E] Variance or Zoning Appeal and, further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None- R�v s- This appointment shall expire one year from the day that it is signed, or at such sooner time as'. xgY [J otherwise rescind or modify it. �Uflf Signature / Title(if signg n behalf of an entity) State ofrr, C— ,County/city of av A C 1 To wit: I, L ct_%_,,_ C QL__ , t ,a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same`liefore me in the jurisdiction aforesaid this�day of f 2 SII My Commission Expires: 10 ! - I-D 013 7 atary Public Registration Number: 225 e^aSpecial Limited Power of Attorney 4 County of Frederick, Virginia Frederick Planning Website: www1eva.us Department of Planning& Development,County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: West Oaks Farm Market,LLC 1 Mary Snapp Name o Properly Owner/Applicant Please note: If the property m nerlapphcant is an entity,the name of the entity should appear above I multiple persons ow•n the property or are applicants,an executed power ol'attorney from each owner will be needed. 229 West Oaks Lane,Winchester,VA 22602 Mailing Address of Property QwnerlApplicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcels)of land in Frederick County, Virginia, identified by following property identification numbers: 74-A-3 do hereby make,constitute,and appoint: Greenway Engineering,Inc. Namc of Attomey-In-Fact 151 Wrndy Hill Lane,Winchester,VA 22602 54U62-4185 Mailing Address of-Attorney-ln-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place,and stead,with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the ahove identified property: Rezoning F1 Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim.or final) F] Variance or Zonin8#RAq) and,further,my attorney-in-fact shall have the authority to offer proffered condition r�f 01A, amendments to previously approved proffered conditions except as follows: .�=• None. _ f4oT p13gt1C ' Q FtEG- 77 n C0MM%SSIOSi ? This appointment shall expire one year From the day that it is signed,or at such �o�er tinea s : C9 1 otherwise rescind or modify it. : �'• �� 31 Signature I 0��EALT 0�1�, Title(if si i on behalf of an en ity) State of 'tr1 * CL— CountylCity of-L'2 L iQ-C i 'To wit; a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in thejurisdiction aforesaid this Ll"—day of 20,—D f 6 UAL, ` My Commission Expires: l0 l� t � pao Notary Public Registration Number: 226 �x cQG Special Limited Power of Attorney County of Frederick, Virginia m Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-•5651 Facsimile (540) 665-6395 Know All Wien By These Presents That: West Oaks Farm Market,LLC I Mary Snapp Name of Property Owner/Applicant Piease note: If tile property nwnerlapplicant is an entity,the name of the entity should appear above. ff'muItipie persons own the property or are app Iican(s,an executed power of attorney from each ovner wiil be needed. 229 West Oaks Lane,Winchester,VA 22602 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia, identified by following property identification numbers: 74-A-3 do hereby make,constitute,and appoint: Sam Gulland and Scott Leach,or either of them Name of Attorney-In-Fact Sartonsville Energy Facility,LLC,230 Court Square Suite 8102,Charlottesville,VA 22902 703-999-4260 Mailing Address of Attumey-fn-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the above identified property: Rezoning 0 Subdivision Conditional Use Permit 0 Site Plan Master Development Plan(prelim. or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shah have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None" This appointment shall expire one year from the day that it is signed,or at such sooner t dFJr ►1 otherwise rescind or modify it. ���`�Q,p► HI�,''�,� J............ •Fs Signature C t4OTARY PUSL'c = Title(if si in on behalf of an entity) n ; 7assie*e Z z. E_XPFe!4 C.9 State of cc, cyl —,County/City of �— L a Notary Public in and for the jurisdiction aforIles' the person who signed the foregoing instrument personally appeare before me and has icknowle ged the same before mein the jurisdiction aforesaid this rnday of 2 My Commission Expires: 6d 13 1 LtqQ0 Notary Public registration Number: 7Ya U9 Q Leg 227 Special Limited Power of Attorney County of Frederick, Virgiuia Frederick Planning Website: www.feya.us u,. „� Department of Planning & Development,County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540)665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: West Oaks Farm Market,LLC/Joseph Snapp Name of Property Uwncr/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons n«rn the property or are applicants,an executed power of attorney from each owner will he needed. 229 West Oaks Lane,Winchester,VA 22642 Maiiing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcels)of land in Frederick County, Virginia,identified by following property identification numbers: 74-A-3 do hereby make,constitute,and appoint: Greenway Engineering,Inc. Name of Attorney-In-Fact 151 Windy Hill Lane,Winchester,VA 22602 540.662-4185 [Mailing Address of Attorney-In-Fact Ielephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli zation with Frederick County,Virginia for the following, for the above identified property: Rezoning Subdivision 1 Conditional Use Permit H't Site Plan Master Development Plan(prelim.or final) F1 Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None. This appointment shall expire one year from the day that it is signed,or at such sooner timer►pANtjy���fi�1, otherwise rescind or modifyit, t' C ' p►yaLtic'. Signature V& Title(if sig in on behalf of an entity} =0 . ;,s4 ,ns State of i County/City of1 a s , To%,T&0. ,a Notary Public in and fortbe jurisdiction aforesaid,certIthp�lltt►►► the person who signed eh foregoing instrument personally appeared before me and has acknowledged the same before rile in the jurisdiction aforesaid this L C6 day of :?Q l� rviy Commission Expires: Notary Public Registration Number: � [ (� 228 4�C f CO�� w ORDINANCE w ytai 1730 7111 Action: PLANNING COMMISSION: September 2, 2020 Recommended Approval BOARD OF SUPERVISORS: September 23, 2020 Pending ORDINANCE CONDITIONAL USE PERMIT #05-20 BARTONSVILLE ENERGY FACILITY TO CONSTRUCT A UTILITY-SCALE SOLAR POWER GENERATING FACILITY WHEREAS, Conditional Use Permit #05-20 for Bartonsville Energy Facility, was submitted to construct a 705-acre utility-scale solar power generating facility (disturbed area) located on property totaling approximately 1,160.5-acres. The properties are generally located along Marlboro Road (Route 631), Passage Road (Route 648), Springdale Road (Route 649), Middle Road (Route 628), and west of CSX rail corridor in Frederick County and partially within the Town of Stephens City limits and are identified with property Identification Numbers 74-A-45, 74-A-44A, 74-A-4, 74-A-6C, 74-A-44, 74-A-35A, 74-A-20, 74-A-21, 74-A-3, and lots 1-12 (inclusive) in the Springdale Glen Subdivision and lots 1-52 (inclusive)in the Carrolton Estates Subdivision and in the Back Creek and Opequon Magisterial Districts; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on September 2, 2020 and recommended approval with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on September 23, 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; and PDRes 443-20 1 229 NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application 905-20 for the Bartonsville Energy Facility utility-scale solar power generating facility is permitted on the parcels identified by Property Identification Numbers 74-A-45, 74-A-44A, 74-A-4, 74-A-6C, 74-A-44, 74-A-35A, 74-A-20, 74-A-21, 74-A-3, and lots 1-12 (inclusive in the Springdale Glen Subdivision and lots 1-52 (inclusive) in the Carrolton Estates Subdivision with the following conditions: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. 3. Buffers and screening shall be provided around the perimeter of the project in general conformance with quantity of the proposed plantings depicted on Sheets 3 and 4 of the Concept Plan, `Landscape Buffer A, B, C, D, E& F,"included with the CUP application,prepared by Greenway Engineering, dated August 28, 2020. The landscape buffer plantings shall be maintained in good health for the life of the project. 4. Prior to site plan approval, the owner shall enter into a written agreement with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of§152-2241.2(B) of the Code of Virginia. The written agreement shall be updated every five (5)years and in general conformance with the Exhibit D: Preliminary Decommissioning Plan, included with the CUP application,prepared by Torch Clean Energy, dated May 2020. 5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to the grid, are prohibited as part of this CUP. 6. This Conditional Use Permit shall not be effective unless and until the vacations of the Springdale Glen and Carrollton Estates Subdivisions are approved and recorded. In addition,the approval and recordation of such vacations shall take place prior to the approval of any site plan for the use authorized by this Conditional Use Permit. 7. Access to the site shall be limited to two (2) entrances from Springdale Road and one (1) entrance from Passage Road, and be in general conformance with the PDRes 443-20 2 230 Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated August 28, 2020. Delivery of solar array panel construction materials will occur at the site access entrance off of Passage Road identified as Deer Lane on Sheet 4 of the Concept Plan. Solar array panel materials delivery laydown area will be limited to Tax Parcel 74-A-44A (Carbaugh Property). 8. Pile-driving of poles for solar arrays during construction shall be limited to 7:00 a.m.to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays. 9. The location of inverters serving the solar project shall be at least 450-feet from all adjacent residences. 10. Subdivision, for residential development, of Tax Parcels 74-A-3, 74-A-4, 74-A- 6C, 74-A44A, 74-A-45, or of the area currently constituting the Springdale Glen and Carrollton Estates subdivisions shall be prohibited during such time as solar power generating equipment is installed on said parcels. 11. Any expansion or modification of this land use will require the approval of a new CUP. Passed this 23rd day of September 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 443-20 3 231 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 23, 2020 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: Conditional Use Permit#10-20 for Hans Holthaus Attachments: BOS09-23-20CUP10-20HansHolthaus.pdf 232 CONDITIONAL USE PERMIT #10-20 4tic�` C° Hans Holthaus—Public Garage Without Body Repair qw Staff Report for the Board of Supervisors w ? Prepared: September 11, 2020 © Staff Contact: Mark R. Cheran, Zoning Administrator 738( This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/02/20 Recommended Approval Board of Supervisors: 09/23/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage without body repair (for vehicles and farm equipment) business in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All auto repair related activities shall occur entirely within an enclosed structure. No more than five (5) highway vehicles awaiting repair on site at any time. Any exterior storage of parts and equipment shall be screened from view by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to noon on Saturdays and closed Sundays. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 6. Any expansion or change of use shall 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. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 233 Page 2 CUP 910-20, Hans Holthaus September 11, 2020 LOCATION: The subject property is located at 5115 Cedar Creek Grade, Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 72-A-22A PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant PROPOSED USE: The Applicant proposes the establishment of a public garage without body repair(for vehicles and farm equipment). REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 622, Cedar Creek Grade Road, the VDOT facility providing access to the property. The location of the existing entrance meets sight distance requirements for a low-volume commercial entrance. Should the use ever expand in the future, the entrance may need to be reviewed to determine if any additional improvements to the entrance would be required. Frederick County Fire Marshall: Approved. The garage shall have at least 1 working smoke detector and 1-10-pound fire extinguisher. May substitute 2-5-pound fire extinguishers if more feasible for the owner. Frederick County Inspections: Conditional Use request to use existing residential garage for commercial use. The area utilized shall comply with the 2015 Virginia Uniform Statewide Building Code, Virginia Mechanical Code 2015, and ANSI A 117.1-09 —Accessible and Usable Buildings and Facilities. Please submit a permit application for the change of use. Please include a floor plan of the current garage layout and a future floor plan of the proposed layout, if altering. Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking area/unloading to entrance shall be provided. Site appears to be flat. 234 Page 3 CUP 910-20, Hans Holthaus September 11, 2020 Final inspection/approval with certificate of occupancy shall be issued prior to new use of the facility. Public restroom facilities shall be provided with 500'. Winchester-Frederick County Health Department: This main dwelling is served by an approved on-site sewage system and private well. This office has no objections to the property owner working out of his garage. Owner has access to a restroom. No employees. No public access to residential facilities. Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a public garage without body repair (vehicles and farm equipment). The Frederick County Zoning Ordinance defines a "Public Garage" as designed or used for servicing, repairing or equipping motor vehicles. There will be one (1) employee with this use. The proposed use takes place entirely within an existing building on-site. Access to the property is provided by a private driveway from Cedar Creek Grade Road (Route 622). The property is surrounded by other RA (Rural Areas) zoned property, which includes single- family detached residences. The 2035 Comprehensive Policy Plan of Frederick County_ (Comprehensive Plan) identifies this area of the County as "rural" and is to remain rural/agricultural in nature and is not part of any land use study. STAFF CONCLUSIONS FOR THE 09/02/20 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage without body repair (vehicle and farm equipment) business in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All auto repair related activities,including storage of vehicles awaiting service, shall occur entirely within an enclosed structure. Any exterior storage of parts and equipment shall be screened from view by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to noon on Saturdays and closed Sundays. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements and 235 Page 4 CUP #10-20, Hans Holthaus September 11, 2020 shall not exceed four(4) square feet in size and five (5) feet in height. 6. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 09/02/20 MEETING: Staff reported, this is a request for a Conditional Use Permit for the establishment of a public garage without body work; this use would repair vehicles and farm equipment. Mr. Cheran continued, the property is zoned RA (Rural Areas) District and the current land use is residential and agricultural; surrounding properties are zoned RA and have agricultural and residential land uses. Mr. Cheran provided a locations map of the property. Staff explained, the Zoning Ordinance defines a "Public Garage" as designed or used for servicing, repairing or equipping motor vehicles. The Applicant proposes to have one (1) employee with this use. Staff noted, the use would take place entirely within an existing building on-site and access to the property is provided by a private driveway from Cedar Creek Grade Road (Route 622). The 2035 Comprehensive Plan of Frederick County identifies this area of the County as "rural" and is to remain rural/agricultural in nature and is not part of any land use study. Staff shared the conditions as recommended by Staff. 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All auto repair related activities, including storage of vehicles awaiting service, shall occur entirely within an enclosed structure. Any exterior storage of parts and equipment shall be screened from view by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to noon on Saturdays and closed on Sundays. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four(4) square feet in size and five (5)feet in height. 6. Any expansion or change of use shall require a new Conditional Use Permit. Commissioner Thomas asked if there is a limit as to what can be stored outside and how many vehicles. Staff commented, typically 5 vehicles. Chairman Kenney asked the Applicant if he would primarily be working on farm equipment. Mr. Holthaus responded that is correct. Commissioner Thomas stated he would like to add 5 pieces of equipment as part of a condition. Commissioner Oates commented, by-right he could have as many tractors and such as he wants 236 Page 5 CUP 910-20, Hans Holthaus September 11, 2020 on his property. Staff commented,possibly the 5 pieces could be identified as highway vehicles. Motion was made, seconded, and unanimously passed to recommend approval with a change to condition#3 to add"limit of 5 highway vehicles". (Note: Commissioner Cline was absent from the meeting). Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 237 CUP # 10 - 20: Hans Holthaus PIN: 72 - A - 22A Public Garage - No Auto Body Repair Zoning Map Vt" IT• r. — J.h '"'.,-•�",�".�' "= �ham.o.: ..,� -�^`� ��� ,a - ;. ,..,.� w+ntw__ ." -w!r�. �sF u 6 CUP#10-20 77 y- • 0 A. � , 1AL 46 / 6 Y l LL " y # �� �° - ��r i� � � j it ' � `l • �~�� .� .n� �•. §`3��/ qtr �, ¢�� P O 41 ZW N 11 kl� Application Parcels N WE � S C " Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 p 540-665-5651 238 0 110 220 440 Feet Map Created:August 7,2020 CUP # 10 - 20: Hans Holthaus PIN: 72 - A - 22A Public Garage - No Auto Body Repair Location Map d • r y ,41;wit, R190 - �sF u 6 CUP#10-20 y- 1-/,741 A� t } f.h ,.rig' .1�' .. �+ _'• �4 � "�" � Jj J}"T v yry N Application � �\ Parcels \ WE S C " Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 239 0 110 220 440 Feet Map Created:August 7,2020 C) N Submittal Deadline Submittal RIC Meeting BOS Meeting yycsni APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant(check one): Property owner Other NAME: Hans Holthaus ADDRESS: 5115 Cedar Creek Grade Winchester VA 22602 TELEPHONE: 540-539-7587 2. Please list all owners, occupants, or parties in interest of the property: Melinda Holthaus(wife) 3. The property is located at: (please give exact directions and include the route number of your road or street) 8 miles from route 37 down Rt.622 cedar creek grade and turn left up the driveway(Back Creek District) 4. The property has a road frontage of 479,39' feet and a depth of 816.38 feet and consists of 6.651 acres. (Please be—exact) 5. The property is owned by Hans Holthaus as evidenced by deed from Philip Brumback (previous owner) recorded in deed book no. 849 on page 196 as recorded in the records of the Clerk of the Circuit Court, County of Frederick—. 6. Property Identification Number(P.I.N.)72-A-22A Magisterial District Back creek District Current Zoning Minor Rural and agricultural 5 7. Adjoining Property: USE ZONING North Farm Agricultural East Farm Agricultural South Farm Agricultural West Farm Agricultural 8. The type of use proposed is (consult with the Planning Dept. before completing): Working on vechiles and farm equipment-1-2 vehicles a week-automotive no body work A6z 9. It is proposed that the following buildings will be constructed: No 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of(across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address NamePhilip and Margaret Brumback (parents ) 405 Serenity Ln Ir Property#East , West , South Winchester VA 22602 Property 4' NameJonah Sutphin 504 Cedar Creek Grade 9 c P Property, roperty#N,orth Winchester VA 22602 Name Property# Name Property# Name Property# Name Property# Name Property# 6 C%4 ,It C%4 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 8 12. Additional comments, if any: I(we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7)days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors'public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner owners'Mailing Address 5115 Cedar Creek Grade Winchester VA Owners' Telephone No. 540-539-7587 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: It N REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation �l Mail to: Eland deliver to: V" Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg, Virginia 22824 Winchester, Virginia 22603 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and ether pertinent infortnation. Applicant's Naive: Hans Holthaus Telephone: 540-539-7587 Mailing Address: 5115 Cedar Creek Grade _. ._. Winchester VA _ 226(#2 Name of development and/or description of the request: Just doing side work in garage on vehicles and farm equipment Location of Property: 8 miles from 37 on 622 cedar creek grade turn left on the driveway Virginia Department of Transportation Comments: The application for a Conditional Use Permit for this property appears to have little ' ct ota.-Route 622,,._.Cedar`-�;���I�'-C�ad�--ltaa�--�e-.�tL?.Gl-T facitity providing access to the property. The location of the existing entrance meets sight distance-req _ trance: Shc�tf-the-a -�e�vr°- expand in the future, the entrance may need to be reviewed to determine if any ad-ditir�naTimpravemenfs-T '' `' eritrante wauld`Ue r q rru ert __ ___---- - VDOT Signature& Date: Notice to VDOT-Please Return Form to Applicant 10 LO CN REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Hans Holthaus Telephone: 540-539-7587 Mailing Address: 5115 Cedar Creek Grade Winchester VA 22602 Name of development and/or description of the request: Just doing side work in garage on vehicles and farm equipment Location of Property: 8 miles from 37 on 622 cedar creek grade turn left on the driveway Fire Marshal's Comments: Fire Marshal's Signature &Date: Notice to Fire Marshal-Please Return This Form to the Applicant 11 trcEIVED-JLK- 0 N Frederick County Fire and Rescue Department Office of the Fire Marsha! b 1080 Coverstone Drive Winchester,VA 22602 Phone: 540-665-6350 Fax: 540-6784739 fmo@fcva.us Plan review Conditional Use Status: Approved with Conditions Alain Contact Flans Holthaus 5115 Cedar Creek Grade Winchester,Virginia 22602 Phone: 540-539-7587 Printed Date: 07/08/2020 Information Received Date: 07/07/2020 Occupancy Type: Residential Review Begin Date: 07/08/2020 Property Use: Review End Date: 07/08/2020 Activity Number: 1078JO14 Hours: 0.5000 ctivity Details Project Name Vehicle/Farm Equipment Repair Comments: The garage shall have at least 1 working smoke detector and 1-10 pound fire extinguisher. May substitute 2-5 pound fire extinguishers if more feasible for the owner. to, 4 f / 41 Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 1`It C14 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Department Frederick County Inspections Department 107 North Kent Street, 2 d Floor Attn. Building Official Winchester, Virginia 22601 107 North Kent Street, 2"d Floor (540) 665-5650 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Hans Holthaus Telephone: 540-539-7587 Mailing Address: 5115 Cedar Creek Grade Winchester VA 22602 k-/ 02, Name of development and/or description of the request: Just doing side work in garage on vehicles and farm equipment Location oil-Propertv- 8 miles from 37 on 622 cedar creek grade turn left on the driveway Building Official's Comments: A'A Building Official's Signature & Date: j 4-- Notice to Inspections Department Please Return This Form to the Applicant 12 00 It (N Conditional Use request to use existing residential garage for commercial use. The area utilized shall comply with The 2015 Virginia Uniform Statewide Building Code, Virginia Mechanical Code 2015, and ANSI A.] 17.1-09- Accessible and Usable Buildings and Facilities. Please submit a permit application for the change of use. Please include a floor plan ofthe current garage layout and a future floor plan of the proposed layout, if altering. Accessible parking shall be provided per ANSI A117.1-09. Accessible route from pal-king areafunloadin2 to entrance shall be provided. Site appears to be flat. Final inspection/approval with certificate of occupancy shall be issued prior to new use of the facility. Public restroom facilities shall be provided within 500' N REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester-Frederick County Health Department Mail to: Hand deliver to: Frederick-Winchester Health Department Frederick-Winchester Health Department Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent Street, Suite 201 Winchester, Virginia 22601 Winchester, Virginia (540) 722-3480 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Hans Holthaus Telephone: 540-539-7587 Mailing Address: 5115 Cedar Creek Grade Winchester VA 22602 Name of development and/or description of the request: Just doing side work in garage on vehicles and farm equipment cN `�n, Location of Property: 8 miles from 37 on 622 cedar creek grade turn left on the driveway Frederick-Winchester Health Department's Comments: 17y 52P_Vv. .� r7td" r rt Pry TNr5. CF tlr`3 CSL . rte - -r Tr, KtIjPt f-)l Health Dept. Signature &Date; ( � Notice to Health D"r nt- Please Return This Form to the Applicant 13 CD Sheet 2 oLOf 3 C14 /96 x C 9 0 2 8 C) 4) S 500 16' 2,341 W 420,65' 0 6.65 I A . (72-A-22A) o 200 Go 0 < < x < 0 :D 0 U. Ir 0 z UJ <Cv x C', CU > > V ' LA-, Air o w < < ry nri . 0 0'* o TH s b o 2 7 1 YLI - 0.sS6 v rzq_ A ICENSE) d CL. CjtA t ( CV 211 Sy. C Final Plat for Minor Rural Subdivision Of the land of PHILIP HARVEY BRUMSACX Back Creek District, Frederick County, Virginia Scale I " = 700, April 21, 7998 LO C14 Sheet 3 of 3 SK 9 0 3 NG 1529 NOTES: 1 ) Proposed drainfield area as found staked on the ground. 2) Set back lines shown are for principal uses or structures . DESCRIPTION: The attached plat is a survey of a portion of the land conveyed to Philip Harvey Brumback November 16, 1995 in Deed Book 849 - Page 196 and is more Particularly a portion of Parcel I of the said Deed. The said Land fronts the Southeastern side of Route 622 and lies in Back Creek District, Frederick County, Virginia. Beginning at a point in the Center Line of Route 622 and corner to Ray V. Brumback. Thence, therewith, S 390 43 ' 37"E- 773 . 011 to an iron pin(set) corner to the' Other Land of Philip Harvey Brumback, said course passing thru an iron pin (set) at 20. 001 ; Thence with the said Other Land S 50' 16 ' 23" W - 420 . 65 ' to an iron pin(set) ; Thence N 39' 43 ' 37" W - 604. 48 ' to a point in the Center Line of Route 622, said course passing thru an iron pin(set) at 584 . 48 ' ; Thence with Route 622 N 280 26 ' 23" E - 453 .16 ' to the point of beginning. Containing - 6 . 651 Acres Surveyed - April 21, 19981% X 0 THOMAS A. SHOCKEY THO VIRGINIA:FREMERICK COUNTY SCT 883 Back Mountain Rd. (LICENSE) Na ThIS t S Willer; 2of WrIfir r,' . Winchester, VA 22602 I was d d uce Ao, me on the ay ot r 9 at 'd w 1 —E and M �i Gerfir$'* ate of acknowledgment thereto annexed I w,18 L41,ted 44JVD SURVC4 W I a a Med to record. Tax Imposed by Sec. §8.1-802 of and 58.1-801 have been paid, if assessable. • Clerk I C\1 Sheet 1 of 3 9 n 3 ;-,rj 15 2 7 LO C\1 Final Plat for Minor Rural Subdivision of the land of PHILIP HARVEY BRUMBACK Back Creek District, Frederick County, Virginia April 21, 1998 Tax Map No. 72-A-22 Zoning RA VICINITY MAP 1 2000' Rt,62.?- cty- 6- APPR40 APPROVED: DMINJ DMINI TOR DATE IBEALTH DEPARTMENT DATE OWNER'S CONSENT: The division of land as shown on the plat attached hereto is with the free consent and in accordance with the desires of the undersigned owner or agent. (SEAL) Itate of 121, County o TO-WIT: o-knowledged before me in my County and State aforesaid this day of 19�, by ?tary Public r Commission expires RVEYOR'S CERTIFICATE: I certify that the land contained within the bounds of the bx.,LT Jul rvey as shown on the plat attached hereto is a portion of the ad conveyed to Philip Harvey Brumback November 16, 1995 in �d Book 849 Page 196. S 0 0 TRW X (LICENSE) 0. 1271 L.S. V/&Y INVO su ce) LO Sheet 2 of 3 C-4 9 0 3 1523 APs. IRS. C) S 500 16' 23" W — 420.65' p 6.65 I AC. ti 172-A=22A) O 200 OD CJ 0. U 4 < x 0) =p i < 0 to v a: D D w Cr-I-.w 0 ir CO D CY 0 0) >-a: CY Of - 0 N r1r) Uj 21 Cy z Fr< M > (.)� < > 0 I - z V jr 2 41 Cj CID 0 W < X It 0 p'r 4-1 0) In K? M 12- a THO S R. KEY 'ZG (LICEINS b c6 46 1271 C; a. CY NO SUR14 G. Final Plat for Minor Rural Subdivision of the land of PHILIP HARVEY BRUMBACK. Back Creek District, Frederick County, Virginia Scale I" = 100' April 21, 1998 1 4�C f CO�� w ORDINANCE w yta��i 1730 7111 Action: PLANNING COMMISSION: September 2, 2020 Recommended Approval BOARD OF SUPERVISORS: September 23, 2020 ORDINANCE CONDITIONAL USE PERMIT #10-20 HANS HOLTHAUS PUBLIC GARAGE WITHOUT BODY REPAIR WHEREAS, Conditional Use Permit #10-20 for Hans Holthaus, submitted by Hans Holthaus for a Public Garage without Body Repair was considered. The Property is located at 5115 Cedar Creek Grade, Winchester, Virginia and is identified with Property Identification Number 72-A-22A in the Back Creek Magisterial District; and, WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on September 2, 2020 and recommended approval of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on September 23, 2020; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this expansion of a Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code,Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application 910-20 for a Public Garage without Body Repair on the parcel identified by Property Identification Number 72-A-22A with the following conditions: PDRes#44-20 1 254 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All auto repair related activities shall occur entirely within an enclosed structure. No more than five (5)highway vehicles awaiting repair on site at any time. Any exterior storage of parts and equipment shall be screened from view by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to noon on Saturdays and closed Sundays. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four(4) square feet in size and five (5) feet in height. 6. Any expansion or change of use shall require a new Conditional Use Permit. 7. No new construction is permitted as part of this activity. Passed this 23rd day of September 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Judith McCann-Slaughter Gene E. Fisher Blaine P. Dunn Robert W. Wells A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes#44-20 2 255 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 23, 2020 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Article I General Provisions, Amendments and Conditional Use Permits; Part 101 General Provisions, §165-101.02 Definitions and word usage. Day-Care Facility. Article VI Business and Industrial Zoning Districts Part 602 B1 Neighborhood Business District, §165-602.02. Allowed Uses; Part 603 B2 General Business District, §165-603.02. Allowed Uses; Part 605 OM Office-Manufacturing Park District, §165-605.03. Secondary or accessory uses. Revision to the Frederick County Zoning Ordinance to Expand the Definition for Day-Care Facility to Include the Care, Protection and Guidance of Adults in Addition to Children, and to Include this Definition in the B1 (Neighborhood Business) District, B2 (General Business) District, and the OM (Office-Manufacturing) District. Attachments: BOS09-23-20DRRC-DayCareFacilitiesAmendment.pdf 256 •r 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—Day-Care Facilities DATE: September 11, 2020 This is a request to amend Chapter 165 -Zoning Ordinance to expand the definition for"Day-Care Facility" to include "adult-care" and to use consistent terminology for "Day-Care Facility" throughout the ordinance. This ordinance amendment was proposed by a local engineering firm working in conjunction with Westminster Canterbury to allow this use in the RP (Residential Performance)District. Under the current definition, day-care facilities only include child-care and would not allow for adult-care. Day-care facilities,as defined in Part 101, are currently allowed with an approved Conditional Use Permit (CUP) in the County's RA (Rural Areas) and RP (Residential Performance) Zoning District. Staff notes a separate use, "Child Day-Care Services," is an allowed by-right use in the B 1 (Neighborhood Business), B2 (General Business) and OM (Office-Manufacturing Park) Zoning Districts and defined by the Standard Industrial Classification (SIC). The proposed amendment would also revise the terminology to "Day-Care Facilities" (as defined in Part 101 of the County's Zoning Ordinance) in the B1, B2, and OM Zoning Districts for consistency. Adult care facilities, like child/day-care facilities, are regulated by the Virginia Department of Social Services (VDSS) in addition to those requirements of the Frederick County Zoning Ordinance. Further, for uses such as churches, where day-care facilities are accessory to the principle use (place of worship), these facilities would continue to be allowed without a CUP. The Development Review and Regulations (DRRC) discussed this item on June 25th. The DRRC generally supported the proposed ordinance amendment to expand the definition for "Day-Care Facility"to include"adult-care"noting a gap in this type of service within the community for care of elderly and/or disabled adults during the workweek. The Planning Commission discussed this item on August 5th. The Board of Supervisors discussed this item on August 12th and specified staff should ensure consistent terminology for"day-care facilities" throughout the ordinance and sent the item forward for public hearing. 257 The Planning Commission held a public hearing on September 2"d;no members of the public spoke on the proposed ordinance amendment and the Planning Commission unanimously recommended approval. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors, on this proposed Zoning Ordinance text amendment is sought. Please contact Staff if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Zoning Ordinance Amendment Cover Letter from Greenway dated June 11, 2020 3. Adult-Day Care & In-Home Care Cost Comparison Table MTK/pd 258 Revised 8/13/2020 ARTICLE I General Provisions,Amendments and Conditional Use Permits Part 101 General Provisions §165-101.02.Definitions and word usage. Day-Care Facility A facility in which more than five children and/or adults,not includingep rsons ebildpo"who are related by blood, marriage or adoption to the people who maintain the facility, are received for care,protection and guidance during only part of the twenty-four-hour day. ARTICLE VI Business and Industrial Zoning Districts Part 602 B1 Neighborhood Business District §165-602.02.Allowed Uses. Allowed Uses Standard Industrial Classification (SIC) Child Gap,. Volwir-o-S 8-3-5 Day-Care Facilities - Part 603 B2 General Business District §165-603.02.Allowed Uses. Allowed Uses Standard Industrial Classification (SIC) Day-Care Facilities - Part 605 OM Office-Manufacturing Parr District §165-605.03. Secondary or accessory uses. Secondary Uses Standard Industrial Classification (SIC) Day-Care Facilities - 259 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING June 11, 2020 Frederick County Planning Department Attn: Tyler Klein, Senior Planner 107 North Kent Street Winchester, VA 22601 RE: Day-Care Facility Definition Zoning Ordinance Amendment Request Dear Tyler: The purpose of this letter is to request consideration of a Zoning Ordinance Amendment for the current definition of Day-Care Facility to expand this service from child-care only to include adult-care (commonly referred to as Intergenerational Day-Care). Intergenerational Day-Care Facilities are designed and programmed to bring together two different generations both requiring care. Intergenerational Day-Care facilities exist in many communities and are gaining in popularity as they provide working families with an affordable option to obtain quality day-care services for their aging parents and their children. The current definition for Day-Care Facilities limits this service to children which limits working families to contracting in-home day-care services which are cost prohibitive for many families. The benefits of Intergenerational Day-Care Facilities include the following: ➢ Day-care service opportunities for working families with elderly parents and children ➢ Affordable day-care service options ➢ Provides sense of purpose, enhances dignity and improves social outcomes for adult participants ➢ Provides children with opportunities to learn from, and connect with, older generations Improves children's social behaviors of sharing, assisting and cooperating with older generations ➢ Provides community with a positive and beneficial land use service ➢ Provides efficiencies for facility operations and programming that allow for cost affordable services to working families The attached Zoning Ordinance Amendment proposal provides for a single definition that allows for child day-care and/or adult day-care facilities which follows the framework of the existing day-care definition. Greenway Engineering researched the Frederick County Zoning Ordinance to determine Engineers Surveyors Planners Environmental Scientists Laboratory QC Inspection Services Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com File#2039/EAW I 260 which zoning districts permit Day-Care Facilities as a permitted land use or as a land use that would be permitted through the issuance of a Conditional Use Permit and identified the following: ➢ RA District: Identifies Day-Care Facilities by definition with a Conditional Use Permit ➢ RP District: Identifies Day-Care Facilities by definition with a Conditional Use Permit ➢ R4 District: Permitted Land Use SIC 835 ➢ B1 District: Permitted Land Use SIC 835 ➢ B2 District: Permitted Land Use SIC 835 Greenway Engineering researched the SIC Manual and would note that SIC 835 is specific to Child Day Care Services and that ,SIC 832 provides for Adult Day Care Centers as well as a variety of individual and family social services land uses. Therefore, it is recommended that Frederick County consider adoption of a singular definition for Day-Care Facilities as proposed on the attachment and remove the SIC 835 classification within the R4 District, B 1 District and B2 District to allow the land use specific to the proposed definition. Please contact me if you have any questions regarding this request or if you need any additional information for the June 25, 2020 DRRC Meeting Agenda. Sincerely, Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: Jeannie Shiley, SVWC Executive Director Attachment: Day-Care Definition Amendment 261 Day-Care Definition Amendment Purpose The purpose of this request is to expand on the current definition for Day-Care Facility from child- care only to also include adult-care. The expanded definition will allow Frederick County to provide opportunities for intergenerational day-care facilities to residents of the community which has become an identified need for working families throughout the Country. Intergenerational Day-Cage facilities provide working families with an affordable option to obtain quality day-care services for their aging parents and their children through facility design and programming that meets the needs of both generations. The Frederick County Zoning Ordinance currently allows Day-Care Facilities by definition in the RA District and the RP District through the issuance of a Conditional Use Permit and allows Child Day Care Services as a permitted land use under SIC 835 in the R4 District, B 1 District and B2 District. It is recommended that Frederick County consider adoption of a singular definition for Day-Care Facilities and allow this land use by definition in the RA District and the RP District through the issuance of a Conditional Use Permit and as a permitted land use in the R4 District, B 1 District and B2 District by definition instead of the SIC 835 classification. Current Definition §165-101.02 Day C i-e Facilitiv: A facility in which more than five children, not including children who are related by blood, marriage or adoption to the people who maintain the facility, are received for care, protection and guidance during only part of the twenty-four-hour day. Proposed Amendment to Definition §165-101.02 Dai, Care Facilitw A facility in which more than five children and/or adults, not including children who are related by blood, marriage or adoption to the people who maintain the facility, are received for care, protection and guidance on a regular basis during only part of the twenty- four-hour day. Day-Care Facility Definition Amendment 1 6-11-2020 262 Adult Day Care vs. In-Home Care Cost Comparison 2019 National Average Costs Type of Service Daily Median Cost Monthly Median Cost Annual Median Cost Adult Day Care Service $75 $1,625 $19,500 In-Home Care Service $141 $4,290 $51,480 Source: Genworth Financial, Inc. Cost of Care Survey 263 4�C f CO�� w ORDINANCE AMENDMENT w ytai 1730 Action: Approved PLANNING COMMISSION: September 2, 2020 Recommended Approval BOARD OF SUPERVISORS: September 23, 2020 AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101 —GENERAL PROVISIONS §165-101.02—DEFINITIONS AND WORD USAGE ARTICLE IV BUSINESS AND INDUSTRIAL ZONING DISTRICTS PART 602—B1 NEIGHBORHOOD BUSINESS DISTRICT §165-602.02—ALLOWED USES Part 603—B2 GENERAL BUSINESS DISTRICT §165-603.02—ALLOWED USES Part 605 OM OFFICE-MANUFACTURING PARK DISTRICT §165-605.03— SECONDARY OR ACCESSORY USES WHEREAS, an ordinance to amend Chapter 165, Zoning to amend the definition "Day- Care Facility" as outlined in §165-101.02 Definitions and word usage; and WHEREAS, an ordinance to amend Chapter 165, Zoning include "Day-Care Facility" in the Bl Neighborhood Business District, B2 General Business District, and OM Office- Manufacturing Park District; and WHEREAS, the proposed changes modify the Zoning Ordinance definition for "Day- Care Facility" to include the "care, protection and guidance of adults in addition to children"; and PDRes 928-20 264 WHEREAS, the proposed changes include this definition in the BI (Neighborhood Business) District, B2 (General Business) District, and the OM (Office-Manufacturing) District. WHEREAS,the Planning Commission held a public hearing on this ordinance amendment on September 2, 2020 and recommended approval; and WHEREAS,the Board of Supervisors held a public hearing on this ordinance amendment on September 23, 2020; and WHEREAS,the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE I — General Provisions, Amendments and Conditional Use Permits; Part 101 — General Provisions, §165-101.02. Definitions and word usage, Day-Care Facility to include the "care, protection and guidance of adults in addition to children" and to modify ARTICLE VI — Business and Industrial Zoning Districts; Part 602 BI Neighborhood Business District, §165-602.02. Allowed Uses; Part 603 B2 General Business District, §165-603.02. Allowed Uses; Part 605 OM Office-Manufacturing Park District, §165-605.03. Secondary or accessory uses to include "Day-Care Facility". Passed this 23rd day of September 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gene E. Fisher J. Douglas McCarthy Judith McCann-Slaughter Robert W. Wells Blaine P. Dunn Shawn L. Graber A COPY ATTEST Kris C. Tierney, Frederick County Administrator PDRes 428-20 265 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: September 23, 2020 ��Gt• Agenda Section: Planning Commission Business - Other Planning Business Title: Rezoning #06-19 Winchester Medical Center, Inc. Attachments: BOS09-23-20REZ06-19WMC.pdf 266 REZONING APPLICATION#06-19 Cod WINCHESTER MEDICAL CENTER, INC. qw �� Staff Report for the Board of Supervisors w Prepared: September 15,2020 w ' Staff Contact: Candice Perkins, AICP, Assistant Director � 0 ]938 Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/11/20 Denied Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Pending PROPOSAL: This is a proposed minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP) associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support)Districts with proffers. The site consists of 37.5424+/-acres zoned B2(General Business)District and 51.8675+/-acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. This feature was removed, and the internal road system has already been constructed—therefore this proffer is unnecessary. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUNIlVIARY AND STAFF CONCLUSIONS FOR THE 09/23/20 BOARD OF SUPERVISORS MEETING: At the Board of Supervisors meeting on March 11,2020,Rezoning#06-19 was denied. The Board of Supervisors then rescinded this denial on April 8, 2020 to enable the application to be reconsidered. Following the April 8, 2020 meeting, the Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration. The text of the proffers dated April 17, 2020 remains fundamentally unchanged from the application denied in March. The April proffer statement (see proffer 8) and the proffered GPD (dated October 19, 2019, revised April 9, 2020) both contain the following text: "Entrance to Botanical Blvd Entrance to residential use areas shall be granted by Winchester Medical Center after future rezoning petition, transportation impact analysis and proffers for these areas are approved by VD OT and Frederick County". Staff would note that the properties referenced in this note are no longer residential use areas as they were rezoned with Rezoning 908-08 (Botanical Square), an impact analysis and proffer were created which were approved by both VDOT and Frederick County. It is unclear why the note remains unchanged as these items listed have already been completed. 267 Rezoning 906-19 WINCHESTER MEDICAL CENTER, INC. September 15, 2020 Page 2 Application History: • The Planning Commission recommended approval of the application at their December 18, 2019 meeting. • The Board of Supervisors discussed this item on January 8, 2020. At this meeting, questions arose about Botanical Boulevard and access by adjoining properties that were shown on the approved MDP for this development. The Board postponed action on the amendment until the January 22,2020 meeting to allow the Applicant to provide clarification on access to Botanical Boulevard by adjoining properties. o Following the January 8th meeting,the Applicant removed all references on the GDP for access for the adjacent property to Botanical Boulevard. • The Board of Supervisors at their January 22nd meeting postponed the application to the February 26th meeting. • The Board of Supervisors at their February 26th meeting postponed the application to the March 11th meeting. • The Board of Supervisors denied the rezoning at the March 11, 2020 meeting. • The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning application would be reconsidered at a future meeting. • Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration. o The text of the proffers dated April 17, 2020 remains fundamentally unchanged. The April proffer statement(see proffer 8)and the proffered GPD(dated October 19,2019, revised April 9, 2020)both contain the following text "Entrance to Botanical Blvd- Entrance to residential use areas shall be granted by Winchester Medical Center after future rezoning petition, transportation impact analysis and proffers for these areas are approved by VDOT and Frederick County". o The properties referenced in this note are no longer residential use areas as they were rezoned with Rezoning 908-08 (Botanical Square),an impact analysis and proffer were created which were approved by both VDOT and Frederick County. It is unclear why the note remains unchanged as these items listed have already been completed. Followin,-the public meeting, a decision rezonin,-this rezonin,-application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 268 Rezoning 906-19 WINCHESTER MEDICAL CENTER, INC. September 15, 2020 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/11/20 Denied Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Pending PROPOSAL:This is a proposed minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP) associated with Rezoning 902-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support)Districts with proffers. The site consists of 37.5424+/-acres zoned B2(General Business)District and 51.8675+/-acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. This feature was removed, and the internal road system has already been constructed—therefore this proffer is unnecessary. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING: B2 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: B2 (General Business) Use: Commercial East: N/A Interstate Use: Route 37 West: RA (Rural Areas) Use: Agricultural, Residential B2 (General Business) Vacant 269 Rezoning 906-19 WINCHESTER MEDICAL CENTER, INC. September 15, 2020 Page 4 REVIEW EVALUATIONS: Virginia Dept.of Transportation: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus-Limited Access Control Changes Route 37 (December 17, 2009)be brought into the amended proffer. As it remains important for all parties to be reminded of the gated-access limitation envisioned as part of the Commonwealth Transportation Board (CTB) approval. This could be accomplished by amending the Street Improvements section of the proffers as follows: "The Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's"Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17,2009,and according to uniform standards..."We also suggest including a copy of the Resolution of the CTB (attached)be included as an appendix to the proffer. Staff Note: Per VDOT's comment, the Applicant has referenced the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009 in the updated proffer statement. Countv of Frederick Attorney: Proffer appears acceptable. Planning & Zoning: 1) Site History The subject property was rezoned from the RA (Rural Areas) District to the B2 (General Business)District and the MS (Medical Support)District with the approval of Rezoning 902- 03. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development,preservation,public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans,Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. 270 Rezoning 906-19 WINCHESTER MEDICAL CENTER, INC. September 15, 2020 Page 5 Land Use The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning 902-03 for 37.5424+/-acres zoned B2(General Business)District and 51.8675+/-acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. Commissioner Morrison requested clarification on the original proffer and the traffic circle off of Route 37 for the Medical Center and if it would be opened up for general traffic to improve Route 50. Staff stated that there were limitations placed on this access by the Commonwealth Transportation Board for this access break and the Medical Center is limited in the number of trips that can access the property via this interchange. The Applicant further clarified that this access will be controlled via a gate and that they were not changing any proffer other than the GDP. This item was a minor proffer amendment and therefore no public hearing was required. A motion was made, seconded and unanimously passed to recommend approval of Rezoning#06-19 for Winchester Medical Center. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/08/20 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning#02-03 for 37.5424+/-acres zoned B2(General Business)District and 51.8675+/-acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. The Board of Supervisors requested clarification on the changes to the internal streets and clarification that trips from any adjacent properties would not count toward the 14,000-trip cap on the subject property. Staff provided an overview that the original plan did not show the Route 37 access and the updated GDP shows that along with the removal of the roundabout. The Board also requested clarification on the access from Botanical Boulevard to the adjacent properties and whether it is planned to be sold to the property owners or granted at no cost. The Board of Supervisors ultimately postponed the item until the January 22,2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. 271 Rezoning 406-19 WINCHESTER MEDICAL CENTER, INC. September 15, 2020 Page 6 BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/22/20 MEETING: Postponed to the February 26, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 02/26/20 MEETING: Postponed to the March 11, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 03/11/20 MEETING: The Board of Supervisors denied the rezoning application at the March 11, 2020 meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 04/08/20 MEETING: The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning application would be reconsidered at a future meeting. Followinz the public meetin-, a decision re'-ardin'-this rezonin'-application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 272 REZ # 06 - 19: Winchester Medical Center, Inc. PIN: 53 - A - 68 Rezoning from B2 to MS Zoning Map { @MX9 f RE Z#06-19 37 1. az can yosp/r q l,p� WINCHESTER MEDICALIrCENTER Subdivision O� 2 Winchester v �IMART OR ryryryryyyyy�y�/�;�,,yy�� {1�Nr.'J a.0 s UL�7.L1L�L7J'•.`c c j m m = O W 3 0• 1_L7AA7 ■—- - _ ®, pN.HERSi Si NORiHWESiERN�— q�PIKE �I QQ MARGARET LN. 11 Q Q a I •• _ - y v VqO � SIONEWgLL ORi Winchester � � � `�• � — � Round'Hill� 2 Application ° ' o MILLER STECK' Parcels B2(General Business District) N MS(Medical Support District) RP(Residential Performance District) 7 �� WE 1 S t Frederick County Planning&Development tr _ 107 N Kent St Winchester,VA 22601 540-665-5651 273 0 455 910 1,820 Feet Map Created:October 29,2019 REZ # 06 - 19: Winchester Medical Center, Inc. PIN: 53 - A - 68 Rezoning from B2 to MS Location Map LQwT9 3 �pRO�Gt SAGS go r JO _ Gp�e�S x , ?EZ 19 37 Npsp - �rql RID WINCHESTER MEDICAL CENTER �� Subdivision Q, I .• m Z WA141 � y`' Winchester J q e / ° O RT pR � (]�A U C o I CRo M[[Q [[S O W i W3 oL rrr� - ■-- ®1 pPAHERSi Si NORTHWESTERN AMMMMM- T PIKE MARGARET LN. - Yv � O Oe a I o• _ y v VqO � STONEWALLLIR —J O 3 � Winchester p' Lti,GCJ �L'Ji1.7�.. • � � a Round'Hi� ? / �� ' °� R • tV� 37 L �� • • o` x 4 I E R MILLER 5��' Y m I STECK t N Application C � Parcels WE 1 S t Frederick County Planning&Development tr _ 107 N Kent St Winchester,VA 22601 540-665-5651 274 0 455 910 1,820 Feet Map Created:October 29,2019 REZ # 06 - 19: Winchester Medical Center, Inc. PIN: 53 - A - 68 Rezoning from B2 to MS Long Range Land Use Map QSM= - ^d •` -AO Application ` . + Parcels \ REZ#06-19 Long Range Land Use N Residential of�p Neighborhood Village ® Urban Center ` Mobile Home Community WINCHESTER 37 ll� Business MEDICALrCENTERt _ Ft ® Highway Commercial SUbdIVIS.__IOtI v Mixed-Use ® Mixed Use Commercial/Office \ =� ® Mixed Use Industrial/Office \ - Industrial ® Warehouse a WlnChesfer Heavy Industrial a �� Extractive Mining a W`o Commercial Rec Rural Community Center mARRo Fire&Rescue � o - Sensitive Natural Areas ® Institutional ;I� _ 50 µeEesisi - Planned Unit Development Park �- MARGARETLN Recreation O Schoole Employment Airport Support Area OB2/B3 �3 o ry'3•rcr v Wo QResidential,4 u/a 7 0• ���� oe Winchester Qo• Round HIII 2 High-Density Residential,6 u/a , W 7`�� o Q High-Density Residential,12-16 u/a I,' e . 0 37{,p z o r � QRural Area Interstate Buffer Landfill Support Area N Natural Resources&Recreation QEnvironmental&Recreational Resources 7 W_*E 1 S t Frederick County Planning&Development tr _ 107 N Kent St Winchester,VA 22601 540-665-5651 275 0 450 900 1,800 Feet Map Created:October 29,2019 co REZONING REQUEST PROFFER Property Identification Number 5 Revised 01-14-20 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2'2296et.seg, of the code of Virginia, 1950\ as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning,the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application#O6-19for the rezoning of8R.1212 acres, out ofaparcel total of89.51OO acres, of the existing MS/B2 Zoning District, development of the subject property shall he done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended orrevised 6vthe Owner and such beapproved bythe Frederick County Board of Supervisors in accordance with Virginia |exx. Should this petition for rezoning not be approved bythe Board ofSupervisors then the existing proffer statement for the B-2tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall bebinding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development,dated 10-18-19 and revised 04-09-20,which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, , and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2W9, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein byreference. 1. On U.S. Route SO at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. OnU.S.Route 5{\anmcce|eration/dece|eration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. Atthe\AA Route 1317 intersection,traffic leaving the site will be provided two left turn lanes, (on left turn with through movement)and one right turn lane. (#3) 4. Lanes will beadded tothe VARoute 37exit ramps toallow dedicated right and left turn lanes r- r� - At U.S. Route 50/V8 Route 37 eastern signal, Northbound left turn —2OO feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. - At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition toprovide full 2 lanes a1intersection. S. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the USRoute 5O/VARoute 37eastern signal. (#6) 7. Amajor coUeotorrood, 180Ofeetin |engthand5 |anesvxide,vvith8Ofeetrightofvvay. (#7) Transportation items 1through 6shaU be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance ofthe first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval bvthe County. The actual trip generation from the project shaUbe determined by the Winchester Medical Center Management annually,from data collected in May and with the results due onJuly 1ofeach year,and beavailable for review asindividual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map53'A'68, including parcels A, B, C, D\ and E, is not to exceed 14,000 TPD (average weekday volume)when current actual counts and proposed counts are added for cumulative total. |fthe cumulative total for any site plan atVVKVICcauses the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist onstate orinternal site roadways. The SIC code system and the ITE shall beutilized for the subject projections. The Owner shall perform an updated T|A of the project intersection on U.S. Route 50 and the Route SO/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results ofthe T|Ashow that additional loading isappropriate. Q. Entrance to Botanical Blvd from properties west ofBotanical Blvd. Entrance to Residential use areas shall be granted by Winchester Medical Center after future rezoning petition, transportation impact analysis, and proffers for these areas are approved bvVDOTand Frederick County. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan ofDevelopment dated 10^18'19 and revised 04-09-20 which iaattached hereto and incorporated herein byreference. 00 1 Afifty foot (5O1landscaped buffer along the USRoute 50 frontage portion cdthe site. (#B). internal parking,travel ways and commercial structures shall not extend closer than 5[Ytofront rightofxvoy |inemn U.S. Route 50. An illustrative detail isattached tmthis proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See |D"A">. J. Alandscaped green area along the north side ofthe main entrance. (See|D°A") (#9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described inthe Master Development Plan and Covenants. |ngeneral, project cVvenantsmha||eytab|isha standard ofquality for structures and site design asfollows: 1. Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dqmit orother simulated stucco (EHS), real orsimulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials,and signage for such buildings shall be of a similar style and materials. 8. All building within the property shall be developed as a cohesive entity,ensuring that building placement,architectural treatment,parking lot lighting, landscaping,trash disposal,vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. Asingle monument type sign shall beutilized near the project entrance todescribe internal features. Sign height shall be limited to 30' within 50Y landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 5[Y buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County atthe time ofmaster plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset impact of Develooment The undersigned, who owns the above described property hereby voluntarily proffers that ifthe Board ofSupervisors for the County of Frederick,Virginia approves the rezoning for the 88.1212 acres,of the 89.51OOacre parcel, lying onthe north side ofU.5. Route SO in the GainesbVro Magisterial District of Frederick County, Virginia as presented,the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriffs Office the sum of $5,000.00 and the Administration Building the sum of$5,000.00 for a total payment of$35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. CD The conditions proffered above shall bebinding upon the heirs,executors,administrators,assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition toother requirements set forth inthe Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By(Print Namne): Mark Baker Signature: Title:VP, Facilities Management and Safety Date: C/ STATE OFVIRGINIA, CITY/CO UNTYof To-wit: The foregoing instrument was acknowledged before nnethis /°7' day of 202C\ bvMark Baker,VPFacilities Management and Safety for Winchester K4edica|'CeA ' c xxycono NotaryPub|ic - OV V 1 2 3 4 5 6 J S 9 10 L WINCHESTER MEDICAL CENTER WEST CAMPUS K Fa,.�9lcrcwun„v.va I. ..-.... _. ....J 'I _EASTBOUND _ WESTBOUND •50 LANDSCAPE BUFFER ROU(E SO "' ROW -- -- PARKING LANDSCAPE BUILDING DRIVE DRIVE IAN O D D$ _... .............._ _ .. _.. y "__.. UNE .._BIVE AFF g, 2 �iA'9't).i�1 X--i' W 5 W so J J aa 1l +, ENTRANCE TO BOTANICAL L9LVD ENTRANCE TO RESIDEl�1T7A a"RA O RV WINCHESTER MEDT L CENT R AFTER FUTURE REZONING PEFITION,TRApOR3'A{7pEM� fMPACTANALtI_._. PROFFER..FOR THE t k ARE APPROVED$Y VDOT AND FREDERICX C DUNTr A SIGML17ATION \ AGREEMENT WILL BE PROMDED WITH VOOT FOR THIS INTERSECTION AT SITE -"PLAN STAGE OF THIS DEVELOPMENT , Z�� - - gill / - 5.3888 AC,NORTH Of M INGVALLEY LINE OWNED. k O VALLEY HEALTH 8 OUT NOT INCLUDED IN REZONING `.�' PE ey7 - f V PRELIMINARY ISSUE 8-2 USES 4 I 8-2 USES, CONSTRUCTION ...-' .. ... A"- u,...a , ..- ::..•. � ., aSOiON OR CON } N D AEA NOT ,. HSItI,FJTy�I� 809.09-2D REHSION TO ADO NOTE x / INCLUUEI + — USES M5 REZONING frr� !T?7eeaum,.. a.�aR�N�' cri "aao GATE.10.1Ei9 PROJEUN, '1]67-2 ! , - .� AREA NOT INCLUDED N N — E ALE ,,-an r WINCHESTER D MEDICAL r.' . w J GENERALIZE J PLAN OF CENTER '� DEVELOPMENT SHEEL NO.: 1 6 7 8 B 10 1 2 3 4 5 8 7 8 9 10 00 N WINCHESTER MEDICAL CENTER WEST CAMPUS K 0 d•x Ww W N- J z" E z 3a o > H oFRe F ovm�oS o�QQ� qma f j �o / i`� ,� i ti - a Q` c Q, b� i ,tiw�m-7 ry i �iE o c�a F% ov¢� ,y� I Jtc o- c o o �° � ~�/ / ate` Z�� OF/ m E 1 � � V�.�'�� ii �� � �% Ua�6 ���i'1 0 ! �mVm' `w'•� flU PRE]mINARYISSUE - IL��. ,�/ / {`- -' �::,. s1 1 Q J! �b Q`0 IN O'R NOT FOR CONSTRUCTION Iv REIIIWN8, DATE.1a18-is PROJEMI, 7-F C EPIC TENT No.'.11054-1 SCALE.7BLK5CALE a GENERALIZED PLAN OF DEVELOPMENT A SHEET NO: 2 / 2 3 4 5 6 7 8 9 10 PropertyREZONING REQUEST PROFFER C\1 IdNumber `� Revised 01_22-20 WINCHESTER MEDICAL CENTER LETE "West Campus" Preliminary Matters Pursuant to Section 15.3-3296 et.seg, of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning,the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District development of the subject property shall be done in conformity with the terms and conditions set forth herein, except tothe extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall bebinding upon the Owner and their legal successor assigns. General Development Plan The development wfthe subject property, and the submission ofany Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development, dated 01-22-20,which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, , and requirementswmconsistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Cmm�nma Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan ofDevelopment which is attached hereto and incorporated herein byreference. 1. On U.S. Route SOatthe intersection of Route 1317, a 2O0feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50,an accele ration/dece le ration lane will be added across the entire U.S. Route 5Ofrontage ofthe site, and the only exit onU.S. Route 5Owill belocated atthe Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. Atthe VARoute 13l7intersection,traffic leaving the site will beprovided two left turn lanes, (on left turn with through movement)and one right turn lane. (#3) 4. Lanes will beadded tothe VARoute 37 exit ramps toallow dedicated right and left turn lanes (#4)asfollows: - At U.S. Route SO/\8\ Route 37 eastern signal, Northbound left turn — 3OO feet with transition to provide ] lanes at intersection including a dedicated left, o left with through and right turn lanes. - At U.O. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes atintersection. 5. AtraOlc signal will beprovided atU.S. Route 5Oand VARoute 317intersection. (#5) 6. Anadditional left turn lane will beprovided onU.S. Route 5Ofor the eastbound traffic at the USRoute SO/VARoute 27eastern signal. /#6> 3. All building within the property shall bedeveloped ayacohesive entity,ensuring that building placement,architectural treatment,parking lot|i�hti | d i `00 , and pedestrian circulation and other development elements work to Cv aesthetically. 4. Asingle monument type sign shall beutilized near the project entroncetodescribeinterna| features. Sign height shall be limited to 20Y within 50Y landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 5[/ buffer area. The Owner shall record and include in each deed as well as provide Frederick County with e complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County atthe time ofmaster plan. Property owners shall benotified mfconditions relating toadjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the ' Board of Supervisors for the County of Frederick,Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesbono Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fine and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum mf$S,OOO.00for atotal payment of$35,OOO.00, atthe time ofthe first building permit on the 89.4099 acre tract is issued.This payment will not berequired ifitisshown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall bebinding upon the heirs,executors,administrators,assigns and successors ininterest ofthe Owner. |nthe event the Frederick County Board ofSupervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply tothe land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By(Print Narne>: Si�natune� Title: ^& Date: h't.-I,/1-0 6l7\TE OF VIRGINIA,AT LARGE FREDERICK COUNTY,To-wit: The foregoing instrument k | d d before e this 2_0 dayof 20�2-0, by6A-"K- MyComm xpires Notary Public Tina Marie Laing t78Z 2 3 4 5 6 7 8 9 iP L WINCHESTER MEDICAL CENTER WEST CAMPUS K _ mw .vn v� z: ,� _ t•. ` , t4 , n ' EASTBOUND i WESTBOUND SO'-ANDSCAPE BUFFER ppRKING LANDSCAPE BUILDING DRIVE �' r q E d ROUTE 50 ROW _` .'—... — ,"DRIVE LANE.: wEe .--._..._._ _.,.__•____. _..�,_.�: LANE t _ r� R A SIGNALIZA11ON ui ' AGREEMENT WILL,BE ' PROVIDED WITH VDOT FOR THIS INTERSECTION AT SITE J PLRN STAGE OF THIS DEVELOPMENT to tAG OPEN ia � -�---.fit 3888 AC, NORTH OF ZONING LINE, OWNED O aa ''/' BY VALLEY HEALTH E � 1 M BUT NOT INCLUDED IN 1 REZONING t F PRELIMINARY ISSUE NOT FOR CONSTRUCTION [_� GCS �¢k B-n ' t S C s REVISIONS: G V C yam: - - ai �-AREAONOI " }tWttIRtllt}If}}pyti,[r_».uru.Y}I}t nfiLUDED p�=0ht;G tNttt} MS USES f µ. {r. DATE:01-u-EO C -g PROJECT Nn:7761-2 EXP./CLIENT Na:110341 SCALE:1•=2W AREA NOT INCLUDED IN REZONING,/ WINCHESTER . GENERALIZED MEDICAL PLAN OF CENTER l" DEVELOPMENT ..., •. ..- --..% .y,., .' � ,-..,'. SHEET NO.: 2 3 4 5 S 7 8 4 t0 58Z 1 y J 4 S 8 7 B 0 10 L WINCHESTER MEDICAL CENTER WEST CAMPUS AE W .•,A K 2 Lu J Z Z$8 Q z- a 41 Vof Lu co Vic —71 F '4 yo`°°-p om Qq.�a�ym 1 L - Cbqj _..-- thCm�!/ .Af o Q o aQ It °cm ,mom . __. PRELIMINARY ISSUE NOT FOR CONSTRUCTION t Q ZY W q � DATE:01-22-20 C W FRO.IECT No.:7-2 JEXPICLIEM N.'.710547 /0� SCALE'.TBU( LE �/ B I m GENERALIZED O PLAN OF DEVELOPMENT A SHEET Np.: /� 1 Y 32 4 S e B 9 10 (0 00 C\l FLORA ATTORNEYS AT LAW Bill Shmidheiser Phone:(540)437-3100 Attorney at Law Fax:(540)437-3101 go North Main Street,Suite 201 Direct:(540)437-3137 P.O.Box 1287 wes@fplegal.com Harrisonburg,Virginia 22803 February 5, 2020 Thomas Moore Lawson, Esquire Thomas Moore Lawson, P.C. 120 Exeter Drive, Suite 200 P.O. Box 2740 Winchester, Virginia 22604 By Mail and Email.- Clawson kLspIc.com (without enclosures) Re: Right Of Access To Botanical Boulevard By Adjoining Properties Rezoning Application#06 - 19 Dear Mr. Lawson: I represent CRT Properties, LLC, owned by Carolyn R. Turner, owner of Frederick County Tax Map # 53—A-74, which adjoins Botanical Boulevard. This letter is being sent with the approval of Eds Coleman, who represents Nancy Johnson,owner of Frederick County Tax Map#s 53—A-75, 76 and 77,which also adjoin Botanical Boulevard. Due to recent events in connection with Winchester Medical Center's Rezoning Application,of which you are aware,some members of the Frederick County Board of Supervisors have suggested that they would prefer having us meet with Winchester Medical Center's representatives to see if we can resolve this issue between us, rather than force the Frederick County Board of Supervisors to make a difficult decision which may be unpopular for one or the other party; and which could wind up delaying Winchester Medical Center's current rezoning application indefinitely. Mr. Coleman and I therefore request the opportunity to meet with the Winchester Medical Center's representatives as quickly as possible to discuss the issue of access for our clients' properties to Botanical Boulevard. I believe you already have a copy, but in case you do not, I enclose a copy of the letter and enclosures I sent to the Board Of Supervisors on January 15, 2020, which I think fairly outlines our clients' position. I do need to raise a delicate issue: If our understanding of the historical background is correct, you would be legally conflicted from representing Winchester Medical www.fplegal.com Charlottesville I Harrisonburg r- 00 C\1 February 5, 2020 Page 2 Center with respect to this particular issue. According to Wendell Johnson, you represented him through the two-year Rezoning Application and Proffer process conducted in 2007 and 2008, during which process Wendell Johnson was acting on behalf of Nancy Johnson and Carolyn Turner, by contract right delegated to him under their respective Sales Contracts. The actual Rezoning Application and attached Proffers now at issue, were actually submitted in the names of Nancy Johnson and CRT Properties, LLC (i.e., Carolyn Turner). If Wendell Johnson's recollection is correct, then you were, in effect, representing the interests of Nancy Johnson and Carolyn Turner, specifically with respect to the very issues now being discussed. To the extent Winchester Medical Center takes a position economically adverse to Nancy Johnson and CRT Properties, LLC, because of legal work you did for Nancy Johnson and CRT Properties, LLC, I believe you would be ethically prohibited from representing Winchester Medical Center in connection with any negotiations or litigation seeking to resolve these access issues. Looking forward to working with Winchester Medical Center, I am, with respect, Very truly yours, Bill Shmidheiser Counsel to CRT Properties, LLC 227341001 /807471.doc cc: H. Edmunds Coleman, Esquire 00 00 C\I February 5, 2020 Page 3 CIRCULATION LIST (without enclosures): Charles S. DeHaven, Jr. Blaine P. Dunn 2075 Martinsburg Pike 115 Bedford Drive Winchester, VA 22603 Winchester, VA 22602 Robert W. Wells Gene Fisher 5114 Laura Drive 246 Bush Drive Stephens City, VA 22655 Winchester, VA 22602 Shawn L. Graber Judith McCann-Slaughter P.O. Box 345 562 Milburn Road Middletown, VA 22645 Winchester, VA 22603 J. Douglas McCarthy Candice Perkins, AICP, CZA 302 W. Boscawen St Assistant Director Winchester, VA 22601 Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 By Mail and E-mail c2erkLr va,L� Roderick Williams, Esquire Frederick County Attorney 107 North Kent Street, 3rd Floor Winchester VA 22601 rn 00 N AMENDMENT Action: PLANNING COMMISSION: March 19,2003 Recommended Approval BOARD OF SUPERVISORS: April 9,2003 APPROVED DENIED AN ORDINANCE AMENDING THE ZONIN(; DISTRICTMAP REZONING#02-03 FOR THE WINCH14STER MEDICAL CENTER WEST CA-,IPUS WHEREAS,Rezoning#02-03 of he Winchester Medical Center-West Campus, .vas submitted by G.W.Clifford&Associates,Inc.,to rezone 50.0540 acres from B2(Business General)to B2(13 usiness Gen&al)'wlth revised proffers, and 51.9676 acres fi•oui RA(Rural Areas)to NIS(Medical,Support). This property is located north of(and adjacent to)Route 50,and west and adjacent to Route 37,and identified with Property Identification Number 53-A-68 in the Gainesboro Magisterial District;and WHEREAS, the Planning Commission held a public hearing on this rezoning an March 19 2003; and and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 9,2003; WHEREAS,the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health,safety,welfare,and in conformance with the Comprehensive Policy Plan; NOW, TIIEREFORE, 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 District Map to change 50.0540 acres from B2(Business General)to B2(Business General)with revised proffers, and 51.9676'aeies from RA(Rural Areas)to MS(Medical Support)as described by the application and plat submitted,subject to the attached conditions voluntarily proffered in writing by(lie applicant and the property owner. # PDRes 09-03 C) 0') This ordinance shall be in effect on the date of adoption. Passed this 91h day of April 2003 by the following recorded vote: Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye Gina A.Forrester Nay Margaret B. Douglas Aye W. Harrington Smith,Jr. Aye Robert M. Sager Aye Lynda J. Tyler Aye A COPY ATTEST r John# 'ley,Jr. Fredifick County ALnistrator PDRes.409-03 0\lIc,,,,kjtions%200A Rezoning Rt:iolutionsMnchatcr Med Ctr.wpd rn N REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 WINCHESTER MEDICAL CENTER "West Campus" PreliminM Matters Pursuant to Section 15.1 - 491.1 et. seq. of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 02-03 for the rezoning of 51.9676 acres fi-om Rural Area (RA) Zoning District to the Medical Services (MS) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terns and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Also within this tax parcel is 50.0540 acres zoned B-2 which will remain B-2 after rezoning. The proffers which exist on the 50,0540 acre parcel have been included in this proffer statement and together with the added proffers constitute the complete proffer for the entire tract of 102.0216 acres. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan, dated September 2002, sheets 5 of 6 and 6 of 6, which are attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round FEII Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#I) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: - At U.S. Route 50NA Route 37 western signal, Southbound right turn - 200 feet with transition to provide full 2 lanes at intersection. (Revised 4/3/03) Page 1 of 6 N 0') Rezoning Request Proffer Property Identification Number 53-A-68 Gainesboro Magisterial District At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn - 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 1317 intersection. (95) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1200 feet in length and 5 lanes wide, with 80 feet light of way. (0) Transportation items I through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The applicant shall limit entrance connections onto U.S, Route 50 to two points as shown on GDP. The applicant shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with results due on July I of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from the 102 acre site is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the applicant shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The STC code system and the ITE shall be utilized for the subject projections. The applicant shall perform an updated TIA of the project intersection on U.S. Route 50 and of the Route 50/Route 37 interchange when traffic generation from the 102 acre site reaches 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD, limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Concept Plan revised 3/4/03 which is attached her6to and incorporated herein by reference. (Revised 4/3/03) Page 2 orf C10 0') Rezoning Request ProtTer Property Identification Number 53-A-68 Gainesboro Magisterial District 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (4). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID"N'). 2. A landscaped green area along the north side of the main entrance. (See ID"X') (#9) 4D 3. A landscaped, open, green visual focal link and park located at a "roundabout" (#10). An illustrative example (ID "B") is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. Oil Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 10-1 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: I- Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dryvit, or other simulated stucco (EFIS), real or simulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically, 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area along U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Applicant shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. (Revised 4/3/03) Page 3 of 6 rn N Rezoning Request Proffer Property Identification Number 53-A-68 Gaunesboro Magisterial District Monetag Contribution to Offset Impact of Develo ment The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 51.9676 acre tract 2, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia from RA to MS and approves the revised planning for the 50.0540 acre tract 1, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000,00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of$5,000.00 for a total payment of$35,000.00, at the time the first building permit on the 102.0216 acre tract is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfu fly submitted, PROPERTY OWNER By: Date: i STATE OF VIRGMA, AT LARGE FREDERICK COUNTY, To-wit: The foreoing instrume. was acknowledged before me this : fid day offer 2003, by q )n s My commission expires �} i5 j�1�c C 00�� Notary Public S (Revised 4/3/03) Pare 4 of rn N I FUTUkE EXTENSIPN , / ,TO"US�ROUTE.50 AT ROUT.-8031 / J r- � \__ ` i N i .. � C,• / / Y�\t! 7 iCti \ •��. .,}y\ S\�;, Il;l�,a i`@` 11 � ��. 1 r�R� �''\ _�— C=am' �_.� •t'�.ir _'>>, \� I ._ /�11 ;,� (t�.�,,t.t 1 , /. _ MCS i_ r� '\l� 5\. tit ✓�yi -1 �`F r f f FSI, ?• \'� PRI7POSEL ,''M kiOR! ;4 � g COLLEC OR, 1 c,-1 A. t \ f!n WINCHESTER MEDICAL CENTER PROPERTY 8-2 Property Silbert w. clifford & associates, inc. o O GENERALIZED DEVELOPMENT PLAN Sheet �� O avwem Ld � Watar 'WEST CAMPUS" f >m �Rq 117 E Rwd11j SL Wirichmter,Vginio 22601 fREDEROV COUNTY, WRC/NIA 6 VXF—(W)667-2139 FA%:(W)665-0193 FL/IL•grrdLfOmrsin;can Revised 3/4/03 rn N ti f 1 - �' ht�itt� + /��/ � _� _--_ — /// ��� ` � •t}i1'tt �i'�i�i(�(�i,r���'+`,�,t,`1iFJt \ Il� PROPOSED MAJOR ! \;�xk COLLE�TOR; c,\`,1t,` _t__�m— c�^\\`',,, `✓'f/�;r, ' /� "NMI I \._ �$��,� \ \ t,<','\:`( •.� \ice---- \ t`:1.\ v—_--�= ori/ 5. .\�� �-'. 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't \'-'�,(—�'!' \`\ 1•\,nom,T �, J% 1 �- t s ttl•:y�\�.� r �`��`Y'�y�l'ni r. i 9,� 5�pVlG S �\` —t it,1(/� >t'• �\ 'M �\ 1 1t / 1 F�vI,Nf r i f7151J?tF� CENf�R' ���%°;J/r. i�(•';i t\ LK gig: `` `iry[ � � � „ I20,0 WINCHESTER MEDICAL CENTER PROPERTY US Property 9iibert w. clifford &-associates, inc. a O GENER4UZED DE,ELOPMENT PL41V Sheet O �O WEST CAMPUS' 6 5r,f�ccrj Lerd ""'� Y7 Y ti Of 147 E Roaij SL inctrslk,Vageeo 22601 FREDERICK COMORGIN14 6 1•DICE.(540)667-2139 FAX:F (M)6E5-W3 E11A6:gvfddmnm=m devised 3/51410JP, r- 0') N Jo Section 11-11, 'do WIPA { ey t Poral I§rin,at 0iog us$uundalaxn kerion Kee Sack:1"_40' r Winchester Medical C; anter Wast Carnpus m Generalized Develop.-near Plan Frederick C: in,q, V „3nia 00 rn N t - IJ mak. !• � .'A � +Fl � �f r � rs � �,�� �� -•, r t tls•I tO I Ga Cb' Winchester Medical Center gest Campus l• .� ��� ». rr v <�=stile•1' Generalized Dmclnpment Plan i+ - I Sc.ALF;1"�50 - Fredcriekc Cau ntr, t"ir�in is Pil rn rn N ..y * w.. �;:t�,r qv. ».' i�f t' `\ .1111, ^ ^.,, ♦ri\I/+i, '�� inn tl\le 1 � y� rJ KI i1:l..e�1.\I`5f-lftlyl ��el`�'✓sr�'�'t�" lY' -.Z R(>L 11'. �' q l�1NC liFSI 1:R-cif 1D11',hi (F\£E>R N R k= ;1 W Winchester Medical Center West Campus u � °�- ar, Generalized Development Phin f�grn•. Mnw 0.fF,t ..\I.F 1�..Y f rcJecick CuuJtty, \'ir}!.inia C) 0 C10 %!,y 31 iY$r.:of a+8 p nt ai m er;,e RHomer 1401 E ,r 131oac1.`, ,et° -1'c i€, 1?ivi inn-i,71 B` o€ ..„1106 —hail Ii R it htrEo!xt t in;iilii "'_ l r€x 11 '"5,47 wn Agenda item#6-A RESOLUTION OF THE COMMONWEALTH TRANSPORTATION BOARD December 17,2009 MOTION Made Bv:Dr. Davis Seconded By:Mr.Davies Action: Motion Carried Unanimous) Title: Right of Way and Limited Access Control Chao es Route 37 and Campus Boulevard Interchange, Frederick County WHEREAS, Route 37, between its southernmost intersection with Interstate 81 continuing in a northerly direction for approximately 9 miles to a point along Route 11, north of the City of Winchester, in Frederick County, was designated as a Limited Access Highway by the State Highway Commission, predecessor to the Commonwealth Transportation Board (CTB), on March 17, 1966; and WHEREAS, in connection with a section of Route 37, State Highway Project 6037-034-101, RW-202, which is located between the aforesaid locations, the Commonwealth acquired certain lands and limited access easements from various landowners; and WHEREAS, the land on both the northwest and southeast sides of the Route 37 proposed right of way and limited access lines, as shown on the plans for said State Highway Project, between the interchanges at Route 522 and Route 50, was identified as the location for an interchange (hereinafter referred to as "Campus Boulevard Interchange") to serve the Winchester Medical Center, Inc., property located on the southeast side, and potential access for future development for properties on the northwest side of said Route, necessitating changes to the said right of way and limited access control in the vicinity of approximate Station 440+00, which were approved by the CTB on May 21, 1992; and T­ C) Resolution of the Board Right of Way and Limited Access Control Changes—Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Two WHEREAS, Valley Health (formerly Winchester Medical Center, Inc.) has identified and requested right of way(R/W) and limited access control changes (LACC) consisting of a northerly shift and LACC along the Campus Boulevard Interchange Ramp D northwest revised proposed right of way and limited access line (5/21/1992), to provide direct access to the northwestern campus of the Hospital, as well as inter-campus connectivity, facilitating the planned expansion of medical related services in the region and supporting economic development of Frederick County (County); and WHEREAS, the County, by letter dated February 3, 2006, supports the request for the R/W and LACC; and WHEREAS, the Virginia Department of Transportation (VDOT) has determined that the said shift of the right of way and limited access line in the vicinity of approximate Station 440+00 (Route 37 southbound lane baseline) and conditional LACC of approximately 70 feet in length, from a point 398.9 feet opposite Station 17+17.39 (Route 37 and Campus Boulevard Interchange Ramp D baseline) to a point 434.3 feet opposite Station 17+60.48 (Route 37 and Campus Boulevard Interchange Ramp D baseline), with roadway and ramp modifications as required, to provide direct access to the northwestern campus of the Hospital, as well as inter-campus connectivity, both located along the northwest side of the Route 37 and Campus Boulevard Interchange Ramp D northwest revised proposed right of way and limited access line (5/21/1992), as shown on the plans for State Highway Project 0037-138-101, RW-201, are appropriate for said interchange ramp from a design standpoint subject to further VDOT review and approval; and WHEREAS, a global traffic analysis was prepared and reviewed, and VDOT has determined that the said proposed R/W and LACC for said interchange ramp will require further operational review and approval by VDOT in the future, however from a safety and traffic control standpoint regional growth demands on the Route 37 corridor far exceed any immediate operational impacts of the said proposed R/W and LACC; and WHEREAS, a long term plan for the Route 37 corridor is under development by VDOT and the Win-Fred Metropolitan Planning Organization; and WHEREAS, Valley Health and VDOT have agreed to the following conditions for the said proposed R/W and LACC: •Valley Health shall donate and convey in fee simple, free of any liens and with General Warranty of title, all land and easements, including but not limited to easements of access, air and light, necessary to accommodate the said R/W and LACC to the Commonwealth without cost, compensation or mitigation; and C\1 C) Resolution of the Board Right of Way and Limited Access Control Changes—Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Three •Valley Health will construct new termini for the southbound Route 37 ramps at Relocated Campus Boulevard,providing access to the northwestern campus of the Hospital, as hereinafter described, to VDOT specifications and subject to VDOT approval; and •Valley Health will construct modifications to the existing northbound Route 37 ramps at Campus Boulevard to permit westerly movements to and from the said ramps subject to VDOT specifications and approval; and •Valley Health will construct a second right turn lane at the northbound Route 37 ramp termini with Route 522 to mitigate queuing issues on said ramp concurrently with the said Campus Boulevard ramp improvements and gates herein described; and •All right of way, engineering, construction, utility relocation, re-signing, and all necessary safety improvements shall meet all VDOT standards and requirements; and •All parties concur that traffic safety on Route 37 is the first priority, and full and adequate operational functioning of Route 37 is the next priority; and *Valley Health shall construct actuated gates within its property at the proposed LACC for access to the northwest campus of the Hospital, as part of and coinciding with the said ramp improvements, in order to permanently prohibit the general public from traveling between the northwestern campus of the Hospital and the Campus Boulevard Interchange; and •All costs, infrastructure, and maintenance associated with the said gates shall be home by Valley Health; and *Valley Health will be permitted to issue up to 500 cards or passes to the said gates, for the exclusive use of campus employees, patients, and/or patient family members for inter-campus access; and •VDOT may request independent audits, to be funded by Valley Health, of outstanding cards or passes to assure compliance with the conditions of this Resolution at any time VDOT deems appropriate; and •The said access is subject to revocation and closure at any time if VDOT deems the management of the said restricted access is being abused or determines that any operational or safety conflicts are occurring; and •Valley Health will complete all plans, posting of any bonds and obtain any permits, as necessary or required, within one year of CTB approval of the said proposed R/W and LACC; and •All costs of engineering and construction, utility relocation, re-signing, including all necessary safety improvements, will be borne by the Valley Health; and • A Memorandum of Agreement (hereinafter MOA) will be executed between Valley Health and VDOT, and made available to the County to confirm compliance of these conditions, current zoning restrictions on the northwestern co C) co Resolution of the Boar'. Right of Way and Limited Access Control Changes—Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Four campus of the Hospital, and to consider participation in regional transportation projects in the future; and * The said MOA shall be executed and recorded among the land records of Frederick County, Virginia within one (1) year of CTB approval of the said proposed R/W and LACC; and WHEREAS, VDOT has determined that the said time frame for Valley Health to complete the requirements for all plans, posting of any bonds and obtaining any permits, as necessary or required, being within one year of CTB approval of the said proposed R/W and LACC is appropriate; and WHEREAS, VDOT has determined there will be no adverse environmental impacts, pending a Phase I Archeology study to be completed after the plans are developed and prior to construction, to be conducted as part of the permit process; and WHEREAS, public notices were posted in the Winchester Star and Northern Virginia Daily newspapers on November 2, 2009 and November 24, 2009; and the Shenandoah Valley Hit newspaper on November 6, 2009, all of which closed on December 1, 2009, with no comments received; and WHEREAS, VDOT has determined that due to the restricted nature of the actuated gates within the Valley Health property at the proposed LACC for access to the northwest campus of the Hospital, no compensation shall be due VDOT in consideration of the said proposed LACC for access; or the said proposed shift due to utilization for public street purposes; and WHEREAS, other than the period for completion of all plans, posting of any bonds, obtaining any permits, and execution/recordation of the MOA, the proposed R/W and LACC is in compliance with the Commonwealth Transportation Board Policy; and WHEREAS, upon completion of all conditions and work by Valley Health and acceptance by VDOT, all work, roadway construction, improvements and equipment within the said revised proposed right of way and limited access of the Route 37 and Campus Boulevard Interchange (12/17/2009) will become the property of the Commonwealth. NOW, THEREFORE, BE IT RESOLVED, in accordance with the provisions of Section 33.1-58 of the Code of Virginia (1950), as amended, the CTB hereby finds and concurs with the aforesaid VDOT determinations, and approves the said R/W and LACC shift for public street purposes; and that the CTB's earlier designation of Route 37 as a C) c� limited access highway be amended to allow a restricted traffic limited access break from a point 398.9 feet left of existing Ramp D station i 7+i 1.39 to a point 434.3 feet left of Resolution of the Board Right of Way and Limited Access Control Changes —Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Five existing Ramp D station 17+60.48, a width of approximately 70 feet, conditioned upon the following: 1. That ingress and egress gates be constructed on the Valley Health property to restrict traffic entering the Route 37/Campus Boulevard Interchange limited access break to employees, patients and/or patient family members requiring inter-campus access. Valley Health may issue up to 500 cards or passes to actuate the gates for passage. 2. That, if at any time the Department deems the management of the restricted access is being abused or determines that operational or safety conflicts are occurring, the limited access change will be revoked and the break will be closed. 3. That Department concurs with and approves the design of the interchange modifications and any other improvements that are required. 4. That Valley Health or others agree to provide the additional limited access right of way and pay all costs of the improvements as identified herein. The Commonwealth Transportation Commissioner is hereby authorized to execute any and all documents needed to comply with this resolution. To be completed by Planning StaU-) FeeAmountPaid $1,0130.t-40U-)Zoning Zoning Amendment Number9-- t9 C kq C) Anticipated PC Hearing Date f -a" 1- 1 co Date Received (cel 2- i I t Anticipated BOS Hearing Date t S- lo REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING&DEVELOPMENT 1. Property Owner(s) (please attach additional page(s)if more than two owners): Name: Winchester Medical Center, Inc. Specific Contact Person if Other than Above: Mark Baker Address: 1836 Amherst Street, Winchester, VA 22601 Telephone: (540) 536-4543 Email: mbaker@valleyhealthlink.com Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm,or other person,if any, serving as the primary contact person for this application: Finn Name: Valley Engineering, PLC Specific Contact Person at Finn: Daniel Michael, PE Address: 4901 Crowe Drive, Mount Crawford, VA 22841 Telephone: (540) 434-6365 Email: dmichael@valleyesp.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 (0 C:) co 4. Project Name (if any): Winchester Medical Center 11 5. Property Information: a. Property Identification Number(s): 53-A-68 b. Total acreage of the parcel(s): 89.4099 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B-2 -37.5424 AC, MS - 51.8675 AC e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 - 37.5424 AC, MS - 37.5424 AC f. Magisterial District(s): Gainseboro g. Location -the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection,using road names and route numbers): 1998 Northwestern Pike, Winchester, VA h. Adjoining Properties: Parcel ID Number Use Zoning 53-B-3,83 C STORE-LIVESTOCK EXCHANGE RA 53-A-84 RESIDENTIAL RA 53-A-75,76,77 RESIDENTIAL B-2 53-A-74 RESIDENTIAL B-2 53-A-73 RESIDENTIAL RA 53-A-A,69,1 AGRICULTURAL RA 53-A-68A HOTEL B-2 Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester,VA 22601. Page 13 ti 0 CO 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including,in the case of corporate ownership,the name of stockholders, officers,and directors,and in any case the names and addresses of all real parties of interest. Frederick County has,by County Code§ 165-101.09, adopted such an ordinance. ex For each business entity that is an owner or contract purchaser of the property,please list the name and address of each person owning an interest in,or who is an officer or director of,any eiitfty that is an owner or contract purchaser of the property(you need nOL indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock K hange and having more than 500 shareholders. NOT APPI IGARI F AS VAI I FY HFAI TH IS A I OM-PROEIT ENTITY Please attach additional page(s)if necessary. 7. Checklist. Please check that the following items have been included with this application: 0 Location Map ❑✓ Plat Depicting Metes/Bounds of Proposed Zoning Q Impact Analysis Statement Proffer Statement(if any) Q Agency Comments ❑✓ Fee 0 Copies of Deed(s)to Property(ies) Tax Payment Verification Digital copies (pdf's)of all submitted items Page 14 00 0 co 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I(we)understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. Owner: 111 Date /� 1 If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 CD C) co ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and 11 Property Identification Number Address Name FARMERS LIVESTOCK EXCHANGE POBOX 2696 Property#53-B-3, 83 WINCHESTER, VA 22604 Name KEVIN L. ANDERSON 180 THURSTON CT Property#53-A-84 CLEARBROOK, VA 22624 Name NANCY RENNER JOHNSON 2054 NORTHWESTERN PIKE Property#53-A-75, 76, 77 WINCHESTER, VA 22603 NameCRT PROPERTIES, LLC 424 W CECIL ST Property#53-A-74 WINCHESTER, VA 22601 Name MARSHA A.DEHAVEN AND JANCICE P.LLEWELLYN 500 S HAYFIELD RD Property#53-A-73 WINCHESTER, VA 22602 Name FRUIT HILL ORCHARD, INC PO BOX 2368 Property#53-A-A, 69, 1 WINCHESTER, VA 22604 Name WINCHESTER HOTEL PARTNERS, III LP 610 EDGEGROVE RD Property#53-A-68A HANOVER, PA 17331 Name Property# Name Property# 16 C) Tl- CO Name and Property Identification Number Address Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# 17 c� c� Co Special Limited Power of Attorney G2� County of Frederick,Virginia m Frederick Planning Website: NW LDepartment of Planning&Development,County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: WINCHESTER MEDICAL CENTER,INC Name of Property Owner/Applicant P .,tile name of ule enury strould appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 1636 AMHERST STREET,WINCHESTER,VA 22601 f,540)5364543 Mailing Address of Propertyweer, pp rcan e ep one umber as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: do hereby make,constitute,and appoint: DANIEL MICHAEL,PE Name of Attomey-in-Fact VALLEY ENGINEERING,PLC,8401 CROWE DRIVE,MOUNT CRAWFORD.VA 22841 (540)43x6365 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the followin ,for the above identified property: ZRezoning Subdivision Conditional Use Permit LJ Site Plan Master Development Plan(prelim.or final) E] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: NONE This appointment shall expire one year from the day that it is signed,or'at such soont?time as I otherwise rescind or modify it. r Signature " o To , Title(if signing on behalf of an entity; U �c 'I"SiC� c/%i'r� / FCcic hzawr d�`t ,1 State of ity of ounry/ "1-I r wit: r P t 'c a Notary Public in and for the jurisdiction afore"said,-berh ttify that the person who signed the foregoing instrument personally appear before me and has acknowledged the same before tie in thurisdiction aforesaid this day of ( C b 4_'162 20i�y r My Commission Expires: 3�/ �e Notary Public VICTORIA P.LORO ion Number: R NOTARY PUBLIC Commonwealth of Virginia Reg.#340383 My Commission Expires Sept.30,2o2o L evfe+wi r k Niiktl Five " $I�.�°�!i w Mem�n•• x � — � C � � it4s�n.w4etle�e�tVa�F'+ctixKe+r+a��wf+�rs+ti'EL'srz+�sp � i ,i bpe ��S�''�^°�•_ nota.ug�r Rk'e'-�e'4�.. kUr. MhrplaY � N1AearrtmJl3fu 'n4an�4a•a � 1+�- �N3ksrr Mohrul_ '�N'�rrSna4,wR 1n tle�tuar:I.R� � Y,aen �Merr+{ry.!kre. Fredcriek�`o�nty�1'i[girii� �,�,�r� Pa}'d[.a nkup 7 aseg TerieMt Mer�tr PxsatrlP�@ ase Ener �+e'apa �'M4nA'F.laggn rRr�ryep� Skappt'p{aR(A fin tXrorkn [hrge E�nei A haaheirocae+r�+ (} i�: � � � M9 � �I �0 ►� H �] [al � � � +� . , �=s: s 4�GK CO�� W ORDINANCE y�acUi 17311 Action: PLANNING COMMISSION: December 18, 2019 Recommended Approval BOARD OF SUPERVISORS: January 8, 2020 Postponed BOARD OF SUPERVISORS: January 22, 2020 Postponed BOARD OF SUPERVISORS: February 26, 2020 Postponed BOARD OF SUPERVISORS: March 11, 2020 Denied BOARD OF SUPERVISORS: April 8, 2020 Denial Rescinded BOARD OF SUPERVISORS: September 23, 2020 Pending ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 906-19 WINCHESTER MEDICAL CENTER, INC. WHEREAS, REZONING #06-19, Winchester Medical Center, was submitted by Valley Engineering, PLC on behalf of Winchester Medical Center, to revise the proffered Generalized Development Plan approved with Rezoning#02-03 for 37.5424+/-acres zoned B2(General Business) District and 51.8675+/- acres zoned MS (Medical Support) District and to make minor proffer text revisions to reflect the updated internal street network within the development, all as shown on the proffer statement bearing signature date of April 17,2020. The subject property is on the northern side of Route 50 West and west of Route 37 in the Gainesboro District and is identified by Property Identification No. 53-A-68; and WHEREAS,the Planning Commission discussed this rezoning at their December 18, 2019 meeting and recommended approval; and WHEREAS, the Board of Supervisors discussed this rezoning at their January 8, 2020, January 22, 2020, February 26, 2020, and March 11, 2020 meetings and, at their March 11, 2020 meeting, denied the application; and WHEREAS, on April 8, 2020 the Board of Supervisors rescinded their March 11, 2020 vote to deny the rezoning application; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety,welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffered GDP for 89.4099 acres of property identified by Property Identification Number 53-A-68 to allow for potential alternative development and to make minor proffer text revisions to reflect the updated internal street network within the development, all as shown on the proffer statement bearing signature date of April 17,2020. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. 313 This ordinance shall be in effect on the date of adoption.Passed this 23t'day of September 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. 945-20 314