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October 14 2020 Board_Agenda_Packet
7 f AGENDA BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 14, 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 23, 2020 BOS10-14-20MinutesBOS200923.pdf 6.13. Transportation Committee Report of September 28, 2020 BOS 10-14-20TransportationCommitteeReport28Sept2020.pdf 6.C. Development Impact Model Oversight Committee Report of October 7, 2020 BOS 10-14-20D I MOCom m itteeReport7October2020.pdf 6.D. Acknowledgement of Line of Credit Expiration BOS10-14-20LineOfCreditExpiration.pdf 6.E. Endorsement of the Annual Update of the Base Year Data for the Capital Impact Model BOS 10-14-2020Capl m pactModelBaseYearDataU pdate.pdf 6.F. Resolution of Appreciation Honoring the Life and Service of Lawrence Ross "Larry" Ambrogi BOS10-14-20LawrenceAmbog iResolution.pdf 1 Board of Supervisors Regular Meeting Agenda Page 2 October 14, 2020 7. Board of Supervisors Comments 8. County Officials 8.A. Committee Appointments 1 . Shawneeland Sanitary District Advisory Committee Two-year term of Jeff Stevens expires 11-09-20 Mr. Stevens is eligible and willing to serve another term. 2. Economic Development Authority Four-year term of Stan Crockett expires 11-10-20 Mr. Crockett is eligible and willing to serve another term. 3. Board of Equalization Three-year term of Betsy Brumback expires 12-31-20 Ms. Brumback is eligible and willing to serve another term. 4. Board of Zoning Appeals Five-year term of Stonewall District Rep. John D. Cline expires 12-31-20 Mr. Cline is eligible and willing to serve another term. 5. Northwestern Community Services Board Three-year term of Deborah Rockwell expires 12-31-20 Ms. Rockwell is eligible and willing to serve another term. 6. Winchester-Frederick County Tourism Board The Tourism Board recommends candidates Josh Huff and Julie Shaffer (resumes attached) for City-County joint appointment to three-year terms on the Tourism Board, and they are scheduled to be presented to the City Council on October 13, 2020. BOS10-14-2020BoardCommitteeAppts.pdf Note: Chairman DeHaven has appointed John Jewell to fill a vacancy on the Information Technology standing committee for the remainder of 2020. 2 Board of Supervisors Regular Meeting Agenda Page 3 October 14, 2020 9. Committee Business — None 10. Public Hearings (Non Planning Issues) 10.A. 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 Year End Fund Balance in Excess of 20% to be Transferred to the County Capital Fund Per the Board of Supervisors Adopted Policy. BOS 10-14-20BudgetAmendment.pdf 10.B. Amendment to the Frederick County Code, Chapter 158 Vehicles and Traffic, Article IV Law Enforcement of Private Roads and Streets, by the Addition of Section 158-18.1, Lake Frederick Subdivision. The Purpose of this Proposed Amendment is to Designate the Roads and Streets within the Lake Frederick(Shenandoah) Subdivision as Highways for Law Enforcement Purposes. BOS 10-14-20 Proposed Section 158-18.1-LakeFrederick.pdf 10.C. Amendment to the Frederick County Code, by Repealing Chapter 86 Festivals in Its Entirety. BOS10-14-20Repea1Chapter86.pdf 11. Planning Commission Business - Public Hearings-- None 3 Board of Supervisors Regular Meeting Agenda Page 4 October 14, 2020 12. Planning Commission Business - Other Planning Business 12.A. Discussion: 2035 Comprehensive Plan Amendment - CPPA #01-20 — Waverly Farm Sewer and Water Service Area (SWSA) Expansion Request Proposed expansion of the SWSA boundary to include the following parcels, totaling approximately 171 acres: 33-A-69, 33-A-70, 33-A-71, 33-A- 73, 33-A-74, 33-A-75, 44- A-78, 44-A-78A, 44-A-78B, 44-A- 78C, 44-A-79, 44-A-80, and 44-A-80A. These properties are currently designated in the 2035 Comprehensive Plan for future mixed use industrial/office and industrial land uses, and are located west and adjacent to Interstate 81, south of Hopewell Road and are in the Stonewall Magisterial District. BOS 10-14-20CPPA01-20WaverlyFarm CPPAS WSARequest.pdf 12.B. Discussion: 2035 Comprehensive Plan Amendment - Northeast Land Use Plan (NELUP) - Sewer and Water Service Area (SWSA) Boundary Limit Adjustments Proposed revisions to the NELUP to adjust the boundary of the SWSA. This boundary adjustment proposes to remove 681.97-acres from the SWSA. This area is located east of Martinsburg Pike and north and south of Brucetown Road. The adjustment also proposed the addition of 1,017.40- acres to the SWSA in three locations: (1) west of I - 81, south of the West Virginia line, north and south of Rest Church Road, (2) east of 1-81, south of the West Virginia line, east of Woodside Road, north and south of Grace Church Road, and(3) west and adjacent to 1-81 south of Hopewell Road. These areas are located within the Stonewall Magisterial District. This SWSA boundary adjustment proposes an overall net increase to the boundary of 335.43 acres. BOS10-14-20CPPAO1-20NELUPSWSALimitsBoundaryStudyPacket.pdf 13. Board Liaison Reports 14. Citizens Comments 15. Board of Supervisors Comments 16. Adjourn 4 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: October 14, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Minutes of Regular Meeting of September 23, 2020 Attachments: BOS 10-14-20MinutesBOS200923.pdf 5 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 23, 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; J. Douglas McCarthy and Judith McCann-Slaughter were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology; Mike Ruddy, Director of Planning; Mark Cheran, Zoning&Subdivision Administrator;Tyler Klein, Senior Planner; 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 Ian Renwick, Assistant Pastor at Valley Bible Church in Stephens City, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED Upon motion of Supervisor Graber, seconded by Supervisor McCarthy, the agenda was adopted on a voice vote as amended with transposition of the first two Planning Commission Public Hearing items. Frederick County Board of Supervisors Regular Meeting Minutes *September 23, 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 McCarthy 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 Regular Meeting of September 9, 2020 - CONSENT AGENDA APPROVAL - Code and Ordinance Committee Report of September 14, 2020 - CONSENT AGENDA APPROVAL, Appendix 1 - Finance Committee Report of September 16, 2020 - CONSENT AGENDA APPROVAL,Appendix 2 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor McCarthy noted the recent opening of the Albin Convenience Center commending staff and saying the project was on time and under budget. Supervisor McCarthy noted a recent article concerning the use of the Red Flag law to confiscate firearms from a Frederick County citizen. He condemned the law and encouraged the citizens to contact state legislators about changing the law to protect their rights. Supervisor McCarthy took issue with the actions described a recent meeting of the School Board saying member Mike Lake remarked that the School Board did not need to have detailed information on their budget and that they relied on staff for budgeting decisions. He said the Code of Virginia mandates that the School Board manage and control its funds adding that the citizens deserve to know how the money is being spent. Supervisor McCarthy said that until the School Board's budget is made public, he will not vote to appropriate any additional funds for the schools. Supervisor Graber agreed with Supervisor McCarthy's remarks about the School Board's budget adding that he has a pending FOIA request at the School Board office. Supervisor Dunn said he wished to disassociate himself from the remarks made by Supervisor McCarthy concerning Red Flag laws. Frederick County Board of Supervisors Regular Meeting Minutes *September 23, 2020 2 7 COUNTY OFFICIALS: COMMITTEE APPOINTMENTS GUSS MORRISON RE-APPOINTED TO PARKS AND RECREATION COMMISSION — APPROVED Supervisor Fisher moved to reappoint Guss Morrison as Shawnee District Representative to serve a four-year term ending September 28, 2024, on the Parks and Recreation Commission. The motion, seconded by Supervisor McCarthy, carried on a voice vote. COMMITTEE BUSINESS—CODE AND ORDINANCE COMMITTEE Supervisor McCarthy moved to set a public hearing for the 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. Supervisor Dunn seconded the motion which carried on a voice vote. Supervisor McCarthy moved to set a public hearing for the proposed repeal of Frederick County Code, Chapter 86 (Festivals). Supervisor Dunn seconded the motion which carried on a voice vote. COMMITTEE BUSINESS—FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: 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; and 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. 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 Frederick County Board of Supervisors Regular Meeting Minutes *September 23, 2020 3 8 Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: 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). Supervisor McCarthy 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 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. Supervisor McCarthy 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 to set 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. Supervisor McCarthy seconded the motion which carried on a voice vote. Supervisor Dunn noted the fundraising difficulties faced by the volunteer fire companies during the pandemic, and at his urging the Board agreed by consensus that the County Administrator be directed to release funds previously withheld at the beginning of the pandemic, including funds for assisting volunteer fire companies with funding for fuel purchases. Supervisor Slaughter noted the Finance Committee was in agreement also. + + + + + + + + + + + + + + Frederick County Board of Supervisors Regular Meeting Minutes *September 23, 2020 4 9 PLANNING COMMISSION BUSINESS— PUBLIC HEARINGS CONDITIONAL USE PERMIT #10-20 FOR HANS HOLTHAUS—APPROVED Mark Cheran, Zoning &Subdivision Administrator, introduced the request for a Conditional Use Permit for the establishment of a public garage without body repair (for vehicles and farm equipment)business in the RA(Rural Areas)Zoning District. He said the subject property is located at 5115 Cedar Creek Grade, Winchester in the Back Creek Magisterial District and is identified by Property Number 72-A-22A. He said 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. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Graber moved for approval of Conditional Use Permit #10-20 for Hans Holthaus. Supervisor McCarthy 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 23, 2020 5 10 ORDINANCE CONDITIONAL USE PERMIT#10-20 14ANSHOLT14AUS 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#10-20 for a Public Garage without Body Repair on the parcel identified by Property Identification Number 72-A-22A with the following conditions: 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 and 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. + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #05-20 FOR BARTONSVILLE ENERGY FACILITY, LLC — APPROVED Senior Planner Tyler Klein introduced the request enable construction of a 705-acre utility scale solar power generating facility (disturbed area) located on properties totaling Frederick County Board of Supervisors Regular Meeting Minutes *September 23,2020 6 11 approximately 1,160.5-acres. He said 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 and lie in the Back Creek and Opequon magisterial districts. He noted the property identification numbers are: 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. Mr. Klein concluded by reviewing the conditions of approval suggested by the Planning Commission. Supervisor Graber and Mr. Klein discussed possible subdivision of the site following decommissioning of the solar facility. Supervisor McCarthy and staff discussed the potential for the site to be used for hundreds of homes rather than a solar facility and the solar panels being designed for no glare. Supervisor Dunn and staff discussed the placement of new transmission lines underground and the decommissioning funds being bonded. Evan Wyatt of Greenway Engineering and Sam Gulland of Torch Energy made a brief presentation describing the proposed project. Mr. Gulland agreed to add a condition stipulating no herbicides will be used on the property at the request of Supervisor McCarthy. Supervisor Dunn suggested that no construction work be permitted on holidays. He and Mr. Wyatt discussed how energy companies choose appropriate sites for solar facilities. Supervisor Graber and Mr. Gulland discussed the use of security cameras pointed only toward the solar facility property rather than neighboring parcels and the planting of screening during the first optimal growing season after construction begins. Supervisor Slaughter and Mr. Wyatt discussed noise levels and proposed noise mitigation. Chairman DeHaven opened the public hearing. Sandra de Azagra, Back Creek District, said herbicides would be needed to control vegetation under the panels noting that sheep grazing is not practical is this area. She said the soils in the area do not perk and that flooding and erosion will be a problem with the use of solar panels. Kevin Snedden, Opequon District, said the residents are concerned about a loss of Frederick County Board of Supervisors Regular Meeting Minutes *September 23, 2020 7 12 property values as well as the aggressive nature of solar farms coming into the County. He asked that the decommissioning plan be made public and suggested delaying approval of the permit to allow the County time to adopt an ordinance regulating solar farms. Charles Heath, Shawnee District, showed photos of the view from his property and of screening on a similar solar farm project. He said he was appreciative of the berm addition that was negotiated by Supervisor Graber, but that more needed to be done to protect adjacent property owners. Jason Gordon, Opequon District, thanked the Board and staff for their assistance in handling the proposal for the solar farm. He noted concerns for firefighters who may have to fight a fire in the solar plant complex and for security cameras on the site being directed at neighboring properties. He suggested that a County ordinance could require water testing on the site to protect the groundwater. Julie Gordon, Opequon District, thanked the Board and staff for their assistance in handling the proposal for the solar farm and discussed concerns about the noise during the six-to eight-week construction period. She suggested the Applicant be required to provide advance notice to homeowners before construction begins and also suggested they provide a noise mitigation plan and seismic monitoring for homeowners near the construction zone. Douglas Norell, Gainesboro District, thanked the Board for supporting solar projects but added the proposed project's current plan for mitigation falls short. He suggested the Board defer action on the proposal until the issues that have been raised can be addressed with evidentiary proof of mitigation. Jospeh Carbaugh, Opequon District, said he farms on properties near the proposed solar farm site and sympathizes with those whose property views are being compromised. He said development will come, and the view could be solar panels, houses, or industry. He suggested that with solar panels, a view of the mountains can still be seen, but that with houses or industry, there would be no view. He added that houses on the site will require wells which will affect the water table. Chairman DeHaven closed the public hearing. Mr. Wyatt addressed some of the issues mentioned during the public hearing. He said a stormwater management plan will be required and noted that Fire and Rescue staff had Frederick County Board of Supervisors Regular Meeting Minutes *September 23, 2020 8 13 been part of the proposal's review. Supervisor Graber thanked Supervisor Wells for his counsel during the consideration of the proposal and said the Board members and the Applicant have tried to be diligent in responding to the concerns of the citizens. He and Mr. Gulland discussed possible additional conditions on the permit. Supervisor Graber moved for approval of Conditional Use Permit #05-20 for Bartonsville Energy Facility, LLC, with the added conditions of planting the screening during the first optimal growing season, use of only organic herbicides, and a two week advance notice to homeowners before piledriving during the construction phase. Vice Chairman Wells seconded the motion. Supervisor McCarthy moved to amend the motion to change the phrase `only organic herbicides' to `no herbicides.' Supervisor Dunn seconded the motion to amend which carried on the following recorded vote: 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 Graber's main motion for approval of Conditional Use Permit#05-20, now amended, 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#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 Frederick County BoUrd of Supervisors Regithir Meeting Minutes *September 23, 2020 9 14 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 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#05-20 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.Landscape plantings shall be installed at the first optimal growing season following the commencement of construction. 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§15.2-2241.2(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 7:00 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. The owner shall notify all residences within 1,000-feet of the project regarding the commencement of pile- driving activities fourteen days or more prior to the start of such activities.A copy of the notification shall also be provided to the Frederick County Department of Planning&Development during the same fourteen day or more period. 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 Frederick County Board of Supervisors Regular Meeting Minutes *September 23,2020 10 15 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. The use of artificial herbicides is prohibited for weed abatement and control measures. 12. Any expansion or modification of this land use will require the approval of a new CUP. + + + + + + + + + + + + + + ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLE I AND ARTICLE VI, ADULT DAY-CARE —APPROVED Senior Planner Tyler Klein explained the 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. He said the 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. He continued saying 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. He noted a separate use, "Child Day-Care Services," is an allowed by-right use in the B1 (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. He added that 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. He further added for uses such as churches, where day-care facilities are accessory to the principal use (place of worship), these facilities would continue to be allowed without a CUP. Mr. Klein said the Development Review and Regulations(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, and the Planning Commission unanimously recommended approval. Chairman DeHaven opened the public hearing. No one spoke. Frederick County BoUrd of Supervisors Regithir Meeting Minutes *September 23, 2020 11 16 Chairman DeHaven closed the public hearing. Supervisor McCarthy moved for adoption of the ordinance amending Chapter 165, Article I and Article VI Adult Day-Care. 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 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 VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS PART 602—B 1 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 B1 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 WHEREAS,the proposed changes include this definition in the B1 (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 Frederick County Board of Supervisors Regular Meeting Minutes *September 23,2020 12 17 —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". + + + + + + + + + + + + + + REZONING #06-19 WINCHESTER MEDICAL CENTER, INC. — POSTPONED UNTIL NOVEMBER 12, 2020 Supervisor McCarthy moved for postponement of consideration of Rezoning #06-19 until November 12 at the request of the Applicant. 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 Ty Lawson, representing the Applicant, noted his agreement with the postponement until November 12. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS - None BOARD OF SUPERVISORS COMMENTS Supervisor Wells commented on the Albin Convenience Center opening. He said the Board worked with the School system to achieve the outcome and it is fantastic for the citizens. Frederick County BoUrd of Supervisors Regul(rr Meeting Minutes *September 23, 2020 13 18 Supervisor McCarthy thanked everyone who supported the Reynolds Store Fire Company at its recent yard party fund raiser noting that fund raising has been difficult during the pandemic. Supervisor Graber noted the increase in home schooling and private schooling during the pandemic and proposed that the Board explore a tax credit during the next budget cycle for those families not using Frederick County Public Schools. Supervisor McCarthy suggested adding this item to the legislative agenda to be forwarded to the General Assembly in the hope that the County would be authorized to offer such a tax credit. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 8:59 p.m. Frederick County Board of Supervisors Regular Meeting Minutes *September 23, 2020 14 19 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: October 14, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Transportation Committee Report of September 28, 2020 Attachments: BOS 10-14-20TransportationComm itteeReport28Sept2020.pdf 20 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, September 28, 2020 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present:Judith McCann-Slaughter, Chairman (Voting), Gary Oates (Voting),James Racey(Voting) and Lewis Boyer (Liaison Stephens City). Committee Members Absent Mark Davis (Liaison Middletown) Charles DeHaven, Jr. (Voting) and Cordell Watts (Voting). Staff Present:Assistant Director-Transportation John Bishop and Kathy Smith,Secretary. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: NONE ITEMS FOR INFORMATION ONLY: 1 — Route 522 Realignment Area Study Update: Staff gave an overview to the Committee on the status and progress of the Route 522 Realignment Area Study that is being conducted by the Winchester-Frederick County Metropolitan Planning Organization (MPO) on ways to realign the traffic on Route 522 (Front Royal Pike). The Phase 1 of the study is working closely with the Winchester Airport Authority and FAA to have the road included on the update of the Airport Master Plan from which it had previously been removed because of federal funding concerns. The online survey for the project had very little feedback with most of the comments received commented on needing to reduce the congestion of the area. The MPO has reviewed three alignment options and the recommended alternative is the connection to Prince Frederick Drive. The second phase of the study will further refine the alignment alternative and make recommendations for the Route 50 corridor between Prince Frederick and Exit 313. Supervisor Fisher ask that Staff continue to keep Nick Sabo, Executive Director/Airport Manager informed with all changes or updates. 2—Oakdale Crossing and Ravens Traffic Calming Update: Staff was directed by the Committee in the August 2020 meeting to coordinate with VDOT to have lines striped within the previous study area. Staff clarified that the$8,400 previously quoted would not cover the cost of all the roads that needed to be done. The cost would be approximately double to paint the following: Crestlieigh Dr., Hunters Ridge, Flanagan Dr., Kinross Dr., Dewberry Dr., and Fairfield Dr. The funds are available to cover the cost in the safety line item funding in safety funds from VDOT. The speed studies have shown that the subdivision does not have documented speeding issue. VDOT spoke on the subject with the Committee that once the money is spent for the line striping 21 that the residents may not see much in the reduction of the speeders. VDOT will do another speed study after applying the striping. The striping will need to be refreshed every 3 or 4 year and will not be maintained by VDOT unless the study shows that it is helping with the speed problem. The County does have safety money year to year that could be used to cover the cost of the maintenance, but it is no guarantee that funds will be available every year. Committee member Gary Oates recommended going ahead the with the line striping as recommended in the last meeting and will revisit to see if any improvement from the VDOT studies. It was noted that Staff has had many complaint's and VDOT has done numerous studies through the years for the Oakdale Crossing and Ravens subdivision. 3 —County Transportation Forum Discussion: Staff is currently working under the assumption that due to the Covid-19 pandemic the County Transportation Forum will be unable to take place as it had in years past. Staff gave the Committee a list of possible alternatives such a zoom, facebook live, or website entries to share additional information on specific items they may desire to get more information out about. VDOT recommended that the Agency could prepare a video for the County's website highlighting projects in the County. After discussion, it was recommended from the Committee to cancel this year's Transportation Forum. 4-County Projects Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1- 81 Bridge: The significant majority of the roadway now has at least one layer of asphalt down and finishing work continues on the Bridge. Significant work has been taking place at the intersection of Crossover/ Airport/Route 522 that has resulted in temporary lane closures at times. The signal is temporary with no sensors until a permanent signal is installed. The Sheriff's Department asked if the timing could be adjusted to help with the Route 522 traffic. VDOT is to follow up with the Traffic Department to see if the timing can be adjusted. Renaissance Drive: Plans have been updated to reflect the review comments from VDOT and CSX and have been returned for review. In addition, significant work has been completed on updating the cost estimate which has increased the budget on the project. The funding for Revenue Sharing Application is pending which is waiting for VDOT to update the revenue projections. Staff updated the committee that the budget for the project is very tight and that if CSX does not approve the open cut for drainage structures or if the pending revenue sharing application does not get approved, or if any other line items have to be increased there would be funding shortfall to discuss. 5-Other 22 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: October 14, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Development Impact Model Oversight Committee Report of October 7, 2020 Attachments: BOS 10-14-20DIMOCommitteeReport7October2020.pdf 23 DEVELOPMENT IMPACT MODEL—OVERSIGHT COMMITTEE (DIM-OC) REPORT to the BOARD OF SUPERVISORS Wednesday, October 7, 2020 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Charles S. DeHaven (BOS), Judith McCann-Slaughter (BOS), John Jewell (Planning Commission) Committee Members Attending by phone conference: Stephen Pettler (TVBA) and Rob Frogale (TVBA) Committee Members Absent: Kris C. Tierney (County Administration), Christopher Mohn (Planning Commission), Frank Wright (School Board) Staff Present: Mike Ruddy(Planning),Jay Tibbs (County Administration), Rod Williams (County Attorney), Scott Varner (IT), Al Orndorff(FCPS), Wayne Lee (FCPS), Kevin Kenney(FCPS & PC Chairman) Others present: Chris Fordney(Citizen) ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1-Capital Impacts Model Base Year Data Update - Review and endorsement of the annual update of the base year data for the Capital Impact Model. Frederick County authorized the use of the new Capital Impacts Model (CapIM)to analyze the capital costs generated by new development in the County, on June 12, 2019. The CapIM was created by an economic consultant,TischlerBise, as part of a Capital Impact Study. Several inputs to the CapIM are to be reviewed and updated on a consistent basis to assure that the fiscal projections accurately reflect County capital expenditures. In this first annual update of the CapIM, the following base year data elements have been adjusted to reflect current year(2020) numbers: • Population • Frederick County Public School Enrollment • Jobs 24 Staff that provided a brief overview of the Capital Impacts Model and a review of the base year data updated which was summarized in a work sheet that identified this new base year data (2020) information in comparison to the current data (2019). The presentation recognized the increase to the base year data numbers and the methodology used to obtain the updated numbers. As there is no fixed output value with the CapIM, staff reviewed a test project to illustrate the minor changes to the outputs of the CapIM based on the updated data. Each example project output is variable depending on the location and make up of a given project. Members of the DIMOC discussed the updated data and how the CapIM was used. It was recognized that a consistent application of obtaining the information for the update was very important. Specifically,that the FCPS school enrollment numbers were obtained in the same manner and on the same date, annually. It was noted that during the next update we would see adjustments to the Elementary School attendance zones used in the model to reflect the opening of Jordan Springs Elementary School. This would likely influence school capacities. Discussion ensued on the impact of the COVID 19 pandemic on school enrollment numbers. FCPS officials anticipated a reduction in enrollment numbers due to the pandemic and a shift in the traditional schooling model. Members discussed whether the model could be adjusted to reflect issues the community may be facing. It was universally accepted by the DIMOC that the model should remain as developed without changes to its structure.This would maintain consistency and allow evolving trends in the model to be recognized. By using a consistent CapIM as a planning tool, the Board of Supervisors would ultimately have better information to make policy decisions and flexibility when evaluating future rezonings. Following the presentation and discussion,the DIM-OC, by consensus of the members participating in the meeting, endorsed the use of the 2020 updated base year data for the Capital Impact Model. While there was a quorum of DIM-OC members participating in the meeting, there was not a quorum physically present as two members were participating remotely via telephone conference. Thus, a consensus of the members was provided endorsing this item, rather than a formal recommendation. Following the endorsement of the DIM-OC, a motion from the Board of Supervisors is being sought to accept the annual update of the base year data for the Capital Impact Model,effective immediately. ITEMS FOR INFORMATION ONLY: None Respectfully submitted, Mike Ruddy, AICP, Director—Planning and Development. 25 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: October 14, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Acknowledgement of Line of Credit Expiration Attachments: BOS10-14-20LineOfCreditExpiration.pdf 26 COUNTY of FREDERICK w Kris C. Tierney ® County Administrator 540/665-6382 Fax: 540/667-0370 E-mail: ktiemey@fcva.us MEMORANDUM TO: Board of Supervisors FROM: Kris C. Tierney, County Administrator RE: Expiration of Line of Credit DATE: October 8, 2020 As you may recall, in March of this year, the Treasurer recommended that the County secure a Line of Credit in response to the coronavirus (COVID-19) pandemic and contemporaneous disruptions to the monetary system. At the March 25 meeting, the Board adopted a resolution authorizing the Treasurer to borrow funds under the Line of Credit in an amount not to exceed $50,000,000.00. Unless renewed, the Line of Credit is due to expire in December. After consultation with the Treasurer and given the positive yearend numbers and the provision of CARES funding, we have agreed the County no longer needs access to the Line of Credit. Should conditions change dramatically in the future, the County could choose to reestablish a credit line. 107 North Kent Street • Winchester, Virginia 22601 27 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: October 14, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Endorsement of the Annual Update of the Base Year Data for the Capital Impact Model Attachments: BOS 10-14-2020Cap I mpactModel BaseYearDataU pdate.pdf 28 f ` COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: Mike Ruddy,AICP,Director of Planning and Development RE: Review and endorsement of the annual update of the base year data for the Capital Impact Model DATE: October 8,2020 On June 12, 2019, the Frederick County Board of Supervisors directed staff to use the new Capital Impacts Model (CapIM) to analyze the capital costs generated by new development in the County. The CapIM was created by an economic consultant, TischlerBise, as part of a Capital Impact Study. Several inputs to the CapIM are to be reviewed and updated on a consistent basis. In this first annual update of the CapIM, the following base year data elements have been adjusted to reflect current year(2020) numbers: • Population • Frederick County Public School Enrollment • Jobs Please find attached to this memo a work sheet that identifies this new base year data (2020) information in comparison to the current data(2019). As you are aware, there is no fixed output value with the CapIM as each example is variable depending on the location and make up of a given project. Report from 10/07/20 DIM-OC meeting The Development Impact Model - Oversight Committee (DIM-OC) met on Wednesday October 7, 2020 at 8:30 a.m. to review the annual base year data update of the Capital Impacts Model. At the DIM-OC meeting a presentation was made by staff that provided a brief overview of the Capital Impacts Model and a review of the base year data updated. Following the presentation, the DIM-OC, by consensus of the members participating in the meeting, endorsed the use of the 2020 updated base year data for the Capital Impact Model. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 29 Overview The CapIM is designed to evaluate the anticipated need for capital facilities based on growth and to determine the cost of those capital facilities to the County. Further, the model determines the cost to the County for mitigating the infrastructure impacts associated with rezonings. It is the tool to use to determine if a cash proffer can be collected due to the presence of "excess capacity" or not. The Model provides a cash proffer calculation for County staff to use in determining the reasonableness of a cash proffer for a development project. For your background reference, please also find included the Capital Impacts Study, Frederick County, Virginia—Executive Summary. Recommendation. The Development Impact Model—Oversight Committee endorsed the 2020 update of the base year data for the Capital Impact Model. Action from the Board of Supervisors to use the updated 2020 base year data in the CapIM would be appropriate at this time. Please contact our department if you have any questions about the CapIM and the base year data update. Attachments: Base Year Data comparison sheet. 30 BASE YEAR DATA Capital Impacts Model Frederick County, Virginia Annual Update of Base Year Data FISCAL YEAR FY2019 FY2020 POPULATION Countywide 86,702 88,654 • Urban 59,303 60,285 Rural 27,399 28,369 TOTAL 86,702 88,654 FCPS ENROLLMENT Elementary 5,828 6,243 Middle 3,243 3,363 High 4,283 4,323 TOTAL 13,354 13,929 JOBS Jobs Located in the County 28,212 28,827 • Urban 20,940 21,331 Rural 7,272 7,495 TOTAL 28,212 28,827 OTHER DATA Household Size Data Average Persons per Housing Unit Student Generation Rates Student Generation Rates Projections Residential Projections Nonresidential Projections Traffic Projections 31 Capital Impacts Study Frederick County, Virginia Submitted to: Frederick County, Virginia June 3, 2019 Tischler-Bise FISCAL I ECONOMIC I PLANNING 4701 Sangamore Road Suite S240 Bethesda, Maryland 20816 800.424.4318 www.tischlerbise.com 32 TischlerBise FISCAL I ECONOMIC I PLANNING TischlerBise 4701 Sangamore Road Suite 5240 Bethesda, Maryland 20816 800.424.4318 www.tischlerbise.com June 2019 TischlerBise 1 �ISCA�I ECONOMIC I PLAWNC 33 EXECUTIVE SUMMARY Overview TischlerBise has been retained by Frederick County, Virginia, to analyze the capital impacts of new development.The objective is to quantify the capital costs generated by new development in the County, specifically in light of changes to Cash Proffer law in Virginia. The assignment includes the development of a Capital Impacts Model (CapIM) for use in: 1. Calculating the "static" capital impact of new development by type of land use and 2. To allow County staff to use the Capital Impacts Model to determine the capital costs for development projects that take into consideration whether capacity is available or not (and therefore, whether a cash proffer can be offered and accepted by the County). TischlerBise evaluated capital impacts for the following categories of public capital improvements: (1) Public Schools, (2) Parks and Recreation, (3) Public Safety: Sheriff, (4) Public Safety: Fire & Rescue, (5) Public Safety: Animal Protection, (6) Library, (7) General Government, (8) Courts, and (9) Environmental Services/Solid Waste. Methodologies and calculations are presented in this report as supporting documentation for estimating capital impacts from new growth as well as potential support for cash proffers. TISChIerBlse 2 �ISCA�I ECONOMIC I PLA-INC 34 CAPITAL I M PACTS STUDY Frederick County, Virginia Background on Cash Proffers Cash proffers are one-time voluntary monetary commitments made at the time of rezoning to offset the impact on certain public facilities from new residential development.The funds ultimately collected from cash proffers are used to construct capital improvements to mitigate capital impacts with the goal of maintaining levels of service. Funds can only be used for capital improvements that provide additional capacity, not operations or maintenance. Cash proffer are calculated using level of service standards to account for infrastructure that may currently have excess capacity. Cash proffers cannot be used to correct existing deficiencies. However, since cash proffers do not apply to "by-right" development but only apply during the rezoning process, only a portion of the impacts from new growth can be mitigated through cash proffers. Cash proffers are a small part of an overall funding strategy and should not be regarded as a total solution for infrastructure financing needs.Therefore,other strategies and revenue sources are needed to offset the impact to infrastructure from new growth. Cash proffers are authorized under Virginia Code §15.2-2303 and §15.2-2298. A major change to cash proffer authority was enacted in 2016 affecting Section 15.2-2303.4(8) that added requirements to the acceptance of cash proffers.The new section states that localities cannot require an unreasonable proffer or deny a rezoning application or proffer condition amendment due to applicant's failure or refusal to submit an unreasonable proffer.' The implementation of this change to the cash proffer law hinges on defining an unreasonable proffer, or more positively, defining a reasonable proffer. Defining reasonable proffers requires the analysis of existing capacity in public facilities as well as the demand for additional capacity from growth.This report and the accompanying Capital Impacts Model address this requirement specifically for Frederick County and provides a tool for ongoing implementation of the cash proffer law. Furthermore, the changes to the cash proffer law restrict the infrastructure categories to public transportation facilities, public safety facilities, public school facilities, and public parks and further restricts the impacts that can be addressed to capacity improvements associated with construction projects. 1 Virginia Code Section 15.2-2303.4(6) was revised in 2019 from restricting a local governing body from merely requesting or accepting an unreasonable proffer,to restricting a local governing body from requiring an unreasonable proffer.This allows a local governing body to discuss and negotiate with a developer to determine a reasonable proffer. Tlschl rB3 lse 35 CAPITAL I M PACTS STUDY Frederick County, Virginia Capital Impacts Approach TischlerBise evaluated possible methodologies and documented appropriate demand indicators by type of land use for the infrastructure categories addressed in this study. The formula used to calculate each capital impact is diagrammed in a flow chart at the beginning of each chapter. Specific capital costs have been identified using local data and current dollars (2019). Because cash proffers reflect a point in time, the calculations and study should be updated periodically (typically 3 to 5 years). Costs reflect the direct impact of new development on the need for new facilities and infrastructure and do not reflect secondary or indirect impacts. Capital impacts and resulting cash proffer amounts are calculated to recognize three key elements:need, benefit, and proportionality. • First, to justify a cash proffer for public facilities, it must be demonstrated that new development/rezonings will create a need for capital improvements (including an assessment of existing capacity). • Second, new development/rezonings must derive a benefit from the payment of the cash proffers (i.e., in the form of public facilities constructed within a reasonable timeframe). • Third,the cash proffer to be paid by a particulartype of development(land use)should not exceed its proportional share of the capital cost for system improvements. For each capital impact calculation, the report includes a summary table indicating the specific factors used to derive the amounts. These factors are referred to as "Level of Service" (LOS) standards. The capital impacts outlined in this report reflect the actual cost to the County generated from new residential and nonresidential development, and as such, each represents the true capital impact generated by type of land use for each public facility category. The Capital Impacts Model developed for the County by TischlerBise is the tool to use to determine if a cash proffer can be collected due to the presence of"excess capacity" or not.The Model provides a cash proffer calculation for County staff to use in determining the reasonableness of a cash proffer for a particular development project. TischlerBise4 36 CAPITAL I M PACTS STUDY Frederick County, Virginia Methodologies Any one of several legitimate methods may be used to calculate cash proffers.The choice of a particular method depends primarily on the service characteristics and planning requirements for the facility type being addressed. Each method has advantages and disadvantages in a particular situation, and to some extent can be interchangeable, because each allocates facility costs in proportion to the needs created by development. Reduced to its simplest terms, the process of calculating cash proffers involves two main steps: (1) determining the cost of development-related capital improvements and (2) allocating those costs equitably to various types of development. In practice, though, the calculation of cash proffers can become quite complicated because of the many variables involved in defining the relationship between development and the need for facilities. The following paragraphs discuss three basic methods for calculating cash proffers and how those methods can be applied. Plan-Based Calculation. The plan-based method allocates costs for a specified set of improvements to a specified amount of development.The improvements are identified by a facility plan and development is identified by a land use plan. In this method, the total cost of relevant facilities is divided by total future demand to calculate a cost per unit of demand. Then, the cost per unit of demand is multiplied by the amount of demand per unit of development (e.g., housing units or square feet of building area) in each category to arrive at a cost per specific unit of development (e.g., single family detached unit). Incremental Expansion Calculation. The incremental expansion method documents the current level of service (LOS) for each type of public facility in both quantitative and qualitative measures, based on an existing service standard (such as square feet per student). This approach ensures that there are no existing infrastructure deficiencies or surplus capacity in infrastructure. New development is only paying its proportionate share for growth-related infrastructure. The level of service standards are determined in a manner similar to the current replacement cost approach used by property insurance companies. However, in contrast to insurance practices, the cash proffer revenues would not be for renewal and/or replacement of existing facilities. Rather, revenue will be used to expand or provide additional facilities, as needed,to accommodate new development. An incremental expansion cost method is best suited for public facilities that will be expanded in regular increments, with LOS standards based on current conditions in the community. Cost Recovery or Buy-In Calculation.The rationale for the cost recovery approach is that new development is paying its share of the useful life and remaining capacity of facilities already built or land already purchased from which new growth will benefit.This methodology is often used for oversized systems. At the beginning of each capital facility chapter the chosen methodology will be explained and illustrated with a figure. Tischl rB5 �se 37 CAPITAL I M PACTS STUDY Frederick County, Virginia Generic Cash Proffer Calculation In contrast to development exactions,which are typically referred to as project-level improvements, cash proffers fund growth-related infrastructure that will benefit multiple development projects, or the entire jurisdiction. The basic steps in a generic cash proffer formula are illustrated in Figure 1. The first step is to determine an appropriate demand indicator, or service unit, for the particular type of infrastructure. The demand/service indicator measures the number of demand or service units for each unit of development. For example,an appropriate indicator of the demand for schools is growth in student enrollment and the increase in enrollment can be estimated from the average number of students per housing unit.The second step in the generic formula is to determine infrastructure units per demand unit, typically called level of service (LOS) standards. In keeping with the school example, a common LOS standard is square feet per student. The third step in the generic formula is the cost of various infrastructure units. To complete the school example, this part of the formula would establish the cost per square foot for school construction. Figure 1.Generic Cash Proffer Formula Demand Infrastructure Dollars Units Units per X per X per Development Demand Infrastructure Unit Unit Unit Level of Service Students per Cost{e.g.,$per housing unit fe.g.,Sq. Ft.per Sq. q Ft.} TlschlerBlse 6 38 CAPITAL I M PACTS STUDY Frederick County, Virginia Credits A general requirement common to cash proffer methodologies is the evaluation of credits. Two types of credits should be considered, future revenue credits and site-specific credits. Future revenue credits are necessary to avoid potential double payment situations arising from a one-time cash proffer payment plus the payment of other revenues that may also fund the same growth-related capital improvements. Future revenue credits are dependent upon the cash proffer methodology used in the cost analysis. The incremental expansion methodology is best suited for public facilities that will be expanded incrementally in the future. Because new development will provide front-end funding of infrastructure, there is a potential for double payment of capital costs due to future principal payments on existing debt for public facilities. That is, because new development that may pay a cash proffer will also pay taxes to retire debt for the same type of infrastructure, a credit is included in the cash proffer calculation to account for this. (A credit is not necessary for interest payments if interest costs are not included in the cash proffers.) The second type of credit is a site-specific credit for system improvements that have been included in the cash proffer calculations. A site-specific credit is handled during implementation and would reduce the cash proffer amount due to contributions of improvements or land that mitigate new development's impact on the infrastructure needs covered in the cash proffer program. Policies and procedures related to site-specific credits for system improvements should be addressed in the policy that establishes the Cash Proffer program. However, the general concept is that developers may be eligible for site-specific credits or reimbursements only if they provide system improvements that have been included in the cash proffer calculations. Project improvements normally required as part of the development approval process would not be eligible for credits against cash proffers. Tischl rBise 39 CAPITAL I M PACTS STUDY Frederick County, Virginia Summary of Capital Impacts Approach A summary of infrastructure categories is listed in Figure 2. To be eligible for a cash proffer, the facility must be for Public Schools, Parks and Recreation,or Public Safety(Sheriff, Fire,and Animal Services)which are noted in the figure. The noneligible infrastructure categories are included in the CaplM to capture a developments total capital impact to Frederick County.The County cannot collect a proffer for noneligible categories; however, understanding the full impact of a development (or a collection of developments) can be a tool in the long-term planning process. The figure includes the components and serve areas used in the analysis as well. The geographies used for an infrastructure category were determined based on how the County service is being provided and through discussions with County staff. For example, most of the Parks & Recreation facilities serve only the local population, so the Urban and Rural service areas are implemented in the analysis. While the Sheriff's Office and Public Safety Building are serving the whole County. More granular service areas were needed for the School and Fire capital impact analysis. Several service area options were discussed with County staff when determining the service area for the School analysis. A properly calibrated service area is needed to accurately identify the local school utilization (enrollment compared to capacity) at each of the three grade levels. More general and larger service areas(i.e.,countywide or Urban and Rural)would reflect utilization of the schools within that area being analyzed. More detailed service areas (i.e., based on school attendance zones) would result in the model analyzing only the utilization of the specific school that would be directly affected by the development. Initially,the model's service areas for the School analysis were programmed based on the General Service Areas (i.e., Urban and Rural) with the Elementary School analysis splitting the Urban Service Area into North and South areas. This would provide some flexibility as school boundaries are adjusted to address growth-related needs. After review from the Frederick County Development Impact Model Oversight Committee (DIMOC), a consensus was reached that the service areas should be the school attendance zones.Thus,when a development is being inputted into the Capital Impact Model,the local school at each grade level is chosen.The model then analyzes just the utilization of those schools. Tischl rBs �se 40 CAPITAL IM PACTS STUDY Frederick County, Virginia Figure 2. Summary of Frederick County Capital Impacts Methodologies Type of Public Infrastructure Components and Geography Used Cost Methodolog Facility Allocation Countywide Attendance Zones ■ Transportation ■ Elementary School Public School Public Schools* Vehicles ■ Middle School Students from Incremental ■ Education Centers 0 High School Residential Approach Development ■ Support Facilities Countywide Urban& Rural Service Area ■ Indoor Recreation 0 District, Community, Parks and Facilities Neighborhood Parks Residential Incremental Recreation* Approach ■ Paved& Unpaved Trails ■ Community Centers Residential Public Safety: Public Safety Building: Countywide and Incremental Sheriff* Approach Nonresidential Residential Public Safety: Fire Stations&Apparatuses: Fire Districts and Incremental Fire& Rescue* Approach Nonresidential Public Safety: Animal Shelter:Countywide Residential Incremental Animal Protection* Approach Libraries 0Library:Countywide Residential Incremental Approach Residential General General Government Facilities:Countywide and Incremental Government Approach Nonresidential Residential Courts • Court Facilities: Countywide and Incremental Approach Nonresidential Environmental 0 Convenience Sites: Urban& Rural Service Area Incremental Services/Solid Landfill: Countywide Residential Approach Waste *Note:the public facilities with an asterisk are eligible for cash proffers Tlsch erBlerBl Ise 9 F15CAL I ECONOMIC I PLANNING 41 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: October 14, 2020 Agenda Section: Consent Agenda - Roll Call Vote Required Title: Resolution of Appreciation Honoring the Life and Service of Lawrence Ross "Larry" Ambrogi Attachments: BOS 10-14-20LawrenceAmbog iResolution.pdf 42 RESOLUTION OF APPRECIATION HONORING THE LIFE AND SERVICE OF LAWRENCE ROSS "LARRY" AMBROGI WHEREAS,Lawrence Ross"Larry"Ambrogi was born in 1937 in Washington,DC,son of the late Lawrence and Isabella Ambrogi;and WHEREAS, Larry graduated from Washington-Lee High School in Arlington, Virginia, and continued his education at Randolph Macon College, earning a bachelor's degree, and a Juris Doctor degree from American University in Washington,DC;and WHEREAS,Larry was appointed as Assistant Commonwealth's Attorney in 1968 and was elected and served with distinction as Commonwealth's Attorney for Frederick County, Virginia, continuously from 1969 until his retirement in 2007 after 38 years of service; WHEREAS, during his tenure as Commonwealth's Attorney, Lary served the Board of Supervisors as the County Attorney for Frederick County;and WHEREAS, in 1998, Larry was presented with the Robert F. Horan,Jr. Award by the Virginia Association of Commonwealth's Attorneys for outstanding service to the citizens of the Commonwealth of Virginia, the citizens of the Frederick County, and to the members of the Association;and WHEREAS,after retiring at the end of his term as Commonwealth's Attorney in 2007,Larry was appointed by the Board of Supervisors to the Frederick County Planning Commission where he served from January 2008 until the time of his death;and WHEREAS, Larry offered his time and talents to numerous professional and community organizations and was a member of the Winchester-Frederick County Bar Association,National District Attorney's Association, Local Government Attorneys of Virginia, Inc., Isaac Walton League,National Rifle Association,Winchester Moose Lodge,the Masonic Lodge,and the First Presbyterian Church of Winchester;and NOW,THEREFORE BE IT RESOLVED,that the Frederick County Board of Supervisors extends its sincerest thanks and appreciation for Lawrence Ross"Larry"Ambrogi and honors his life of leadership,dedication,and contribution to the community. ADOPTED this 14th day of October 2020. Charles S.DeHaven,Jr. Robert W.Wells Chairman Opequon District Supervisor Shawn L.Graber J.Douglas McCarthy Back Creek District Supervisor Gainesboro District Supervisor Blaine P.Dunn Gene E.Fisher Red Bud District Supervisor Shawnee District Supervisor Judith McCann-Slaughter Kris C.Tierney Stonewall District Supervisor Clerk 43 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: October 14, 2020 ��GrN Agenda Section: County Officials Title: Committee Appointments Attachments: BOS 10-14-2020BoardCommitteeAppts.pdf 44 .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: October 8, 2020 RE: Committee Appointments Listed below are the vacancies/appointments due through December 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. NOVEMBER Shawneeland Sanitary District Advisory Committee Jeff Stevens 114 Rappahannock Trail Winchester, VA 22602 Phone: (540) 327-3112 Term Expires: 11/09/20 Two-year term (Mr. Stevens is willing to serve another term.) (The ShawneeLand Sanitary District Advisory Committee is comprised of five members made up of resident property owners. Members serve a two-year term and are eligible for reappointment.) Economic Development Authority Stan Crockett 139 Panorama Drive Winchester, VA 22603 Phone: (540)535-6782 Term Expires: 11/10/20 Four-year term 45 Memorandum — Board of Supervisors September 17, 2020 Page 2 (The Economic Development Authority is comprised of seven members. Members serve a four-year term and are eligible for reappointment.) Handley Regional Library Board Carl Rush 2757 Millwood Pike Winchester, VA 22602 Phone: (540)877-5983 Term Expires: 11/30/20 Four-year term (Mr. Rush is eligible for reappointment. Staff is waiting to hear from Handley Regional Library Board/Staff as to recommendation.) (The County has 5 seats on the Handley Regional Library Board as a result of the Joint Agreement and Memorandum of Understanding with the City. As stated in the library by-laws, members may only serve two terms.) DECEMBER Board of Equalization Betsy Brumback 540 Barley Lane Winchester, VA 22602 Home: (540)545-8774 Term Expires: 12/31/20 Three-year 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.) Board of Zoning Appeals John D. Cline — Stonewall District Representative 746 Hopewell Road Clearbrook, VA 22624 46 Memorandum — Board of Supervisors September 17, 2020 Page 3 Office: (540)662-5684 Term Expires: 12/31/20 Five-year term (Mr. Cline is eligible and willing to serve another term.) There are seven members on the Board of Zoning Appeals. Recommendations are made by the Board of Supervisors and submitted to the Judge of the Frederick County Circuit Court for final appointment.) Historic Resources Advisory Board A. Nicholas Powers — Member-At-Large Museum of the Shenandoah Valley 901 Amherst Street Winchester, VA 22601 Phone: 662-1473, Ext. 205 Home: (540)247-8177 Term Expires: 12/14/20 Four-year term (The Historic Resources Advisory Board is comprised of nine members, one member from each magisterial district and three members-at-large. Members serve a four-year term and are eligible for reappointment.) Northwestern Community Services Board Deborah A. Rockwell — Frederick County Representative 123 Oakridge Lane Winchester, VA 22602 Home: (540)665-8555 Term Expires: 12/31/20 Three-year term (Ms. Rockwell is eligible for reappointment and NWCSB staff has advised she is interested in continuing to serve.) (The Northwestern Community Services Board is comprised of representatives from each of the jurisdictions within the planning district. The county has three seats on the Northwestern Community Services Board. Members serve a three year term and are limited to three consecutive terms.) VACANCIES/OTHER Planning Commission Lawrence R. Ambrogi — Shawnee District Representative 47 Memorandum — Board of Supervisors September 17, 2020 Page 4 101 Armstrong Circle Winchester, VA 22602 Term Expires: 04/28/21 Four-year term (Vacancy due to the passing of Mr. Ambrogi.) Social Services Board Ryan C. Shaw — Red Bud District Representative 110 Foxglove Drive Winchester, VA 22602 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.) 48 Memorandum — Board of Supervisors September 17, 2020 Page 5 (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 appointmenUreappointment 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 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 (See Attached Resumes of Julie Shaffer and Josh Huff which were presented at Board of Supervisors Meeting of June 10, 2020, upon recommendation from Tourism Board and Director. The candidates have gone thru the City's application/interview process and are being presented for appointment at the City Council meeting of October 13, 2020.) AWP/tjp 49 Memorandum — Board of Supervisors September 17, 2020 Page 6 Attachments U ATJ P\comm itteeappointments\MmosLettrs\Board Comm itteeAppts(10142020Bd Mtg).docx 50 , 4cji/&CWlMCHESTER * V L R C; i N L A * May 21, 2020 To: Frederick County Board of Supervisors & Winchester City Council From: Justin Kerns, Executive Director, Winchester-Frederick County Convention & Visitors Bureau on behalf of the Winchester-Frederick County Tourism Board Subject: Winchester-Frederick County Tourism Board Nominations The Winchester-Frederick County Tourism Board respectfully submits Laura Kerr Wiley as the nominee to represent the Non-Profit Sector. Laura would begin her appointment on 7/1/2020, after Karen Helm steps down. Laura is the Director of Community Engagement for the Museum of the Shenandoah Valley,which is located in the City of Winchester. Her first term would end on 6/30/2023, at which time she would be eligible for re-appointment. The Board also recommends the appointment of Julie Shaffer to represent the Private Sector. Julie would begin her appointment on 7/1/2020, after Eddie Richard steps down. Julie is co-owner of Shaffer's BBQ Market, which is located in Middletown. Her first term would end on 6/30/2023, at which time she would be eligible for re-appointment. The Board also recommends the appointment of Josh Huff to represent the Private Sector and fill the remaining term of the vacant position previously held by Andy Gyurisin. Josh would begin his term as soon as approved by the City and County. Josh is the General Manager of the Bright Box Theater,which is located in the City of Winchester. He would serve the remainder of the vacant term, which ends on 06/30/2022, at which time he would be eligible for re-appointment. There are no reappointments this year. These members will join: Gwen Borders-Walker, Shannon Moeck and Kristen Laise who represent the Non-Profit Sector, and Lani Peterson and Priya Patel who represent the Private Sector. With approval of the new nominations and the re-appointments,the board will consist of five private-sector representatives, two of whom represent lodging, and four public/non-profit-sector representatives, as outlined in the Winchester-Frederick County Tourism Bylaws. Winchester-Frederick County Convention and Visitors Bureau 1400 South Pleasant Valley Road, Winchester, VA 22601 • 540.542.1326 (o) • 540.450.0099 (f) www.VisitWinchesterVa.com 51 To Whom It May Concern, My name is Josh Huff. I'm the General Manager at Bright Box Theater. The Winchester Tourism Board's mission and contributions to the city are truly impressive. Please consider my request for nomination as a voting member. While managing Bright Box, I've experienced first-hand the importance of marketing, client satisfaction, and inventive campaigns to continue improving attendance. My work with NASF has furthered my understanding of the necessity to educate, inform, and encourage clients to engage. During my time with Valley Makers, I've gained more appreciation for philanthropic work, the struggles of a non-profit, and utilizing the community to further a goal. As the Winchester Tourism Board focuses on promoting tourism-related service providers, organizations, attractions, etc., I feel my skills and experience at the aforementioned businesses will make me a valuable part of the team. Should the Tourism Board be interested in furthering the conversation of me joining as a voting member, please do not hesitate to contact me. I am also including my resume, which has more details regarding my skills, experiences, and interests. Thank you for your time, Josh Huff 52 JOSH HUFF I josh@brightboxtheater.com WORK HISTORY National Association for Surface Finishing (NASF) I Washington, DC Aug 2018—Present Education Manager - Enrollment and sales of education courses - Client management - Deployment of education courses - Development of new education courses Valley Maker Association I Winchester,VA Jan 2016—Present Vice President - Conduct Member Meetings - Develop community relationships - Develop and implement supplemental education for members and public - Help secure donations, grants, and maintain non-profit status Bright Center I Winchester,VA Jan 2016- Present Building Management Assistant - Assist with resolving tenant issues - Work with contractors to identify, resolve, and improve building infrastructure - Manage and maintain digital security credentials Bright Box Theater I Winchester,VA Oct 2012- Present General Manager - Create, Manage, and Maintain relationships with City Government, State ABC, and private compliance organizations - Write, Negotiate, and Execute legally binding contracts with performers, agencies, and royalty groups - Hire, Manage, and Develop a staff of 25+ in a wide array of services from management to customer service, including but not limited to sales, private events, and alcohol consumption - Create, Manage, and Maintain relationships with Local Publications, Non-profits, and National Media Verizon Wireless Corporate) Winchester,VA Dec 2007- Feb 2013 Inventory Control Specialist - Create, Manage, and Maintain inventory systems at a store-wide level to reduce shrink, discrepancies and improve efficiency - Order, Install, and Maintain marketing materials, product launch events, and policy changes - Maintain an inventory of over 5,000 items with a value of over$250,000.00 with a shrink of less than 3% - Work with business and consumer accounts of up to 100 lines in a wide array of services including international travel, billing, and new/upgraded lines of service 53 C-Comm Communications) Winchester,VA Jan 2006- Dec 2007 828 and 82C sales - Work with business and consumer accounts of up to 100 lines in a wide array of services including international travel, billing, and new/upgraded lines of service - General store operations, including cash deposits, credit card reports, as well as opening/closing the store alone EDUCATION National TIPS Certification I Winchester,VA 2018 ServSafe National Certification for Food and Alcohol Management I Winchester,VA 2016 Lord Fairfax Community College I Middletown,VA Various studies,attended 2010 ITT Technical Institute I Chantilly,VA Various Computer Studies,attended 2008 Hampshire High School I Romney,WV General Studies,graduated 2006 REFERENCES Dr. Marilyn Finnemore Mind& Media 15 N Loudoun St,Winchester,VA Matthew Martz The Management Group 207 Trefoil Crt,Winchester,VA Ryan Hall Habitat for Humanity 400 Battaile Srive,Winchester,VA Arnie Cave Golden Nova Design Studio 816 W. King Street, Martinsburg,WV 54 Dear Members of the Winchester-Frederick County Tourism Board, I am honored to be considered for a board position. As a local, small business owner, I love our community and am passionate about promoting its many benefits. My husband and I chose Frederick County to raise our family and start our business because of everything it has to offer. We have been so happy with our decision and thankful to be embraced by the town of Middletown and entire surrounding area. Since we opened Shaffer's BBQ & Market over three years ago, I have made many contacts with members of the local community, including agriculture vendors and artisans and have taken the lead role in all social media. Prior to that, I was involved in the product development of our BBQ sauces and marketing of our food truck and brand. I have over ten years of experience working with government, non-profits, and private industry in public policy, budget, and advocacy roles, which I believe would be an asset to the board as well. I believe my background, skills, and family focus match well with the mission of the WFCCVB, and I would love to be a part of promoting our awesome area. Thank you for the time and consideration! Sincerely, Julie Shaffer 55 JULIE G. SHAFFER Winchester, VA 22602 Email: Julie.g.shaffer@gmail.com SUMMARY OF EXPERTISE — Firsthand knowledge of the benefits and needs of Winchester and Frederick County,VA from a small business perspective. — Proven track record of effective oral and written communication to government entities,the media, and private industry. — Demonstrated team building and interpersonal skills. Extensive and highly effective network of contacts. — Proficiency of maneuvering around bureaucratic obstacles;unequaled as a self-starter and dedicated team player. — Advanced analytical abilities and highly skilled in recommending strategies that turn programs into policy. — Non-profit and government experience and passion to work in a challenging and people-oriented environment. EDUCATION MASTER OF PUBLIC POLICY,2003 Georgetown Public Policy Institute,Washington D.C. Summer Graduate Program in International Management, Summer 2002,Oxford University BACHELOR OF SCIENCE,MAGNA CUM LAUDE,2000 Louisiana State University,Baton Rouge,Louisiana PROFESSIONAL EXPERIENCE Shaffer's BBQ,Small Business Owner& Chief Marketing Officer Oct 2014–Present • Develop and implement marketing strategies to the local community and on social media • Work with customers,corporations, and local government to understand their needs and create targeted experiences • Research and implement new product ideas and business opportunities • Plan community events,including exercise classes,kid friendly gatherings, and partnerships with other local vendors National Industries for the Blind,Advocacy Manager,Alexandria,VA February 2011-July 2014 • Managed grassroots strategy for 90 associated agencies and served as primary contact for legislative issues of interest, including the development and deployment of an advocacy toolkit • Communicated NIB's message to Members of Congress and staff and enabled agencies to promote their own concepts through specialized training seminars and personal visits • Led NIB efforts to build strategic partnerships and fight for an important military program • Provided support and expertise to the Board of the National Association for the Employment of People who are Blind • Facilitated communication and coordination among nationwide network of agencies to focus NIB's message,leverage combined political capital,and build upon best practices Federal Government Relations Associate,Arlington,VA January 2006–Feb 2011 • Provided expertise on the legislative process and served as a liaison to the Appropriations Committees • Managed client legislative strategy and business development initiatives by successfully navigating companies through the budget process • Facilitated relationship-building efforts between clients and other companies,associations, and universities • Developed and implemented marketing strategies by fostering companies with growth potential in the federal arena • Utilized strong oral and written communication skills and analytical abilities to explain and promote programs Presidential Management Fellow,Washington D.C. June 03–January 06 House Appropriations Committee,Defense Subcommittee February 05–January 06 Budget Analyst, Contingency Operations,Headquarters Marine Corps Programs&Resources March 04–February 05 Budget Analyst, Operations&Personnel Directorate, Office of the Under Secretary of Defense October 03–March 04 56 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: October 14, 2020 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: 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 Year End Fund Balance in Excess of 20% to be Transferred to the County Capital Fund Per the Board of Supervisors Adopted Policy. Attachments: BOS10-14-20BudgetAmendment.pdf 57 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. DRAFT 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: 58 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: October 14, 2020 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: Amendment to the Frederick County Code, Chapter 158 Vehicles and Traffic, Article IV Law Enforcement of Private Roads and Streets, by the Addition of Section 158-18.1, Lake Frederick Subdivision. The Purpose of this Proposed Amendment is to Designate the Roads and Streets within the Lake Frederick (Shenandoah) Subdivision as Highways for Law Enforcement Purposes. Attachments: BOS 10-14-20ProposedSection 158-18.1-LakeFrederick.pdf 59 PUBLIC SAFETY COMMITTEE FAVORABLY RECOMMENDED ITEM, 8/20/2020. BOARD OF SUPERVISORS, ON 9/23/2020, FORWARDED ITEM FOR PUBLIC HEARING. ITEM IS ON AGENDA FOR PUBLIC HEARING AND CONSIDERATION OF ADOPTION. Roderick B. Williams County Attorney 540/722-8383 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 60 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 61 .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 62 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: October 14, 2020 ��Gt• Agenda Section: Public Hearings (Non Planning Issues) Title: Amendment to the Frederick County Code, by Repealing Chapter 86 Festivals in Its Entirety. Attachments: BOS 10-14-20Repea1Chapter86.pdf 63 CODE & ORDINANCE CMTE. RECOMMENDED REPEAL OF ORDINANCE, 8/20/2020. BOARD OF SUPERVISORS, ON 9/23/2020, FORWARDED REPEAL FOR PUBLIC HEARING. ITEM IS ON AGENDA FOR PUBLIC HEARING AND CONSIDERATION OF REPEAL. 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: 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 64 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 65 .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: 66 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 67 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 68 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 69 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 70 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 71 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 72 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 73 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 https://www.ecode360.com/print/FR1364?guid=8705852&children=true 1,?4 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. https://www.ecode360.com/print/FR1364?guid=8705852&children=true 2,75 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. 76 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 $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment. https://www.ecode360.com/print/FR1364?guid=8705852&children=true 4,77 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: October 14, 2020 ��Gt• Agenda Section: Planning Commission Business - Other Planning Business Title: Discussion: 2035 Comprehensive Plan Amendment - CPPA #01-20 - Waverly Farm Sewer and Water Service Area (SWSA) Expansion Request Proposed expansion of the SWSA boundary to include the following parcels, totaling approximately 171 acres: 33-A-69, 33-A-70, 33-A-71, 33-A-73, 33-A-74, 33-A-75, 44-A-78, 44-A-78A, 44-A-788, 44-A-78C, 44-A-79, 44-A-80, and 44-A-80A. These properties are currently designated in the 2035 Comprehensive Plan for future mixed use industrial/office and industrial land uses, and are located west and adjacent to Interstate 81, south of Hopewell Road and are in the Stonewall Magisterial District. Attachments: BOS 10-1 4-20CP PAO 1-20WaverlyFarmCP PASWSARequest.pdf 78 CO O COUNTY of FREDERICK ®A Department of Planning and Development 540/665-5651 "$e Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins,AICP, CZA, Assistant Director RE: Discussion - Comprehensive Plan Amendment#01-20 -Waverly Farm Sewer and Water Service Area (SWSA) Expansion Request Northeast Frederick Land Use Plan (NELUP) DATE: October 8, 2020 This is a discussion for Comprehensive Plan Amendment request#01-20 for Waverly Farm. This request is seeking to expand the boundary of the Sewer and Water Service Area(SWSA)to include 145.5+/-acres(Parcels 33-A-69, 33-A-70,44-A-80 and 44-A-80A). The properties proposed with this request are located west and adjacent to Interstate-81, south of Hopewell Road and are in the Stonewall Magisterial District. The SWSA currently encompasses 51.36 +/- acres west and adjacent to the I-81 interchange; the Applicant is seeking to expand the SWSA to include the subject parcels. The properties are currently zoned RA (Rural Areas) Zoning District and are currently utilized for agricultural purposes. The Northeast Frederick Land Use Plan (NELUP) shows the area inside of and surrounding the current limits of the SWSA with a mixed use industrial/office land use designation; the remainder of the area (33-A-69) is planned for future industrial. With this amendment, to facilitate a cleaner SWSA boundary, Staff has proposed a SWSA expansion total of 171 +/- acres. This expansion would add the areas between the Waverly request and Hopewell Road (this area is also accounted for in Frederick Water's draft adjustment). Text is proposed for inclusion in the NELUP narrative in Appendix L The NELUP currently does not contain guiding text for this area; text components were included for amendments approved in 2014 and 2015. Staff Conclusion: This amendment is presented to the Board of Supervisors for discussion. The Planning Commission discussed this item at their October 7,2020 meeting and endorsed the Waverly CPPA SWSA adjustments as presented. Staff is seeking direction from the Board of Supervisors as to whether the Waverly CPPA request for a SWSA expansion (proposed total of 171 acres) and the NELUP text is ready to be sent forward for public hearing. 79 CPPA#01-20-Waverly Farm October 8,2020 Page 2 CPPA#01-20-Waverly-Application History: CPPC Recommendation - July 2020: Further study, as requested in the application: The Comprehensive Plans and Programs Committee (CPPC) discussed this request at their July 13, 2020 meeting. The comments provided by Frederick Water were also discussed. Frederick Water indicated that the water and sewer planning efforts in the northeastern area of Frederick County had evolved since this area was last evaluated by the CPPC in 2019. While water infrastructure is being developed in support of future land uses in the Northeast,sewer will not be readily available in this area soon. The CPPC recommended sending the request forward for further study as an individual amendment. The Committee also supported a future a larger land use study of the entire Northeastern Land Use Plan (NELUP) that reexamines land use, transportation, and utility availability. Joint Work Session - August 12, 2020: The Board of Supervisors and Planning Commission held a joint work session on August 12, 2020 and discussed the requested Waverly SWSA expansion request. The consensus reached following the discussion is that the Waverly Farm request and a SWSA study (boundary,capacity,property lines)be studied separately but following a simultaneous timeline. Frederick Water Recommendations - Since the August work session, Frederick Water has worked to analyze the SWSA and their ability to serve areas currently shown in the NELUP with a future planned land that are outside of the SWSA boundary. These areas,while designated with a future land use, are outside the limits of the SWSA and therefore do not have the ability to connect to public water and sewer if available. Frederick Water's analysis includes the Waverly CPPA area as well as the larger overall NELUP SWSA boundary adjustments proposed. The Frederick Water Board of Directors adopted their"Recommended SWSA Revisions in the Route 11 North Corridor" on September 15, 2020. Their recommended SWSA revisions are: It is recommended that the SWSA boundary be adjusted to remove some areas from the SWSA when planned land uses clearly would not require Frederick Water's water and sanitary sewer services, and the addition of areas when planned land uses would require Frederick Water's water and sanitary sewer services. The recommendations also emphasize that private investment in sewer conveyance and treatment will be necessary to achieve the future planned land uses identified in the County's 2035 Comprehensive Plan's NELUP. The private investment may be facilitated via Grant- in-Aid agreements similar to that utilized to bring sanitary sewer to this area of the County in early 2000;private upfront investment for 15-year capacity reservations and perpetual sewer availability fee credits equal to the property owner's initial investment value. 1) SWSA revisions a) Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. 80 CPPA#01-20-Waverly Farm October 8,2020 Page 3 b)Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These recommended SWSA- additions were previously unsuccessful property owner initiated Comprehensive Plan Amendments (CPPAs). c) Net change results in 335.43-acre addition to the SWSA. 2) Sewer Conveyance Improvements (0-10 years) a) Add SCADA to all pump stations serving the NELUP area. Estimated at $20,000 per pump station. b) Upgrade the VDOT sanitary sewer pump station to accommodate 2.250MGD flows. Estimated at$2,100,000. c) Upgrade forcemain downstream of VDOT pump station past Rutherford Crossing shopping center. Estimated at$2,000,000. d) Upgrade the Stephenson Regional sanitary sewer pump station. This upgrade should increase the capacity of the pump station to its previously designed maximum flow rate. Estimated at$300,000. 3) Wastewater Treatment capacity expansion (10-20 years) a) Expand OWRF or construction anew wastewater treatment plant in NELUP to increase treatment capacity. Size the additional treatment capacity at 6 MGD,possibly an initial phase of 2 MGD. Estimated at$50,000,000 CPPC Recommendation - September 2020: The Comprehensive Plans and Programs Committee (CPPC) discussed the Waverly request at their September 14, 2020 meeting. The CPPC acknowledged that the future land uses (mixed use industrial/office land use) and proposed transportation network are intended to remain as currently adopted in the NELUP and the only changes pertain to the SWSA and the addition of the NELUP text. The CPPC recommended approval of the Waverly SWSA expansion with a total expanded area of 171 +/- acres and recommended approval of the NELLUP text drafted by staff. Planning Commission Discussion: The Planning Commission discussed this item at their meeting on October 7, 2020. The Commission endorsed the Waverly Farm CPPA and SWSA expansion of 171 acres and the NELUP text as presented and forwarded the item to the Board of Supervisors for discussion. Staff Conclusion: This amendment is presented to the Board of Supervisors for discussion. The Planning Commission discussed this item at their October 7,2020 meeting and endorsed the Waverly CPPA SWSA adjustments as presented. Staff is seeking direction from the Board of Supervisors as to whether the Waverly CPPA request for a SWSA expansion (proposed total of 171 acres) and the NELUP text is ready to be sent forward for public hearing. Attachments • Map depicting the current SWSA and land uses for this area of the NELUP with proposed 81 CPPA#01-20—Waverly Farm October 8,2020 Page 4 adjustments. • Draft text for the NELUP SWSA—to be added to Appendix I. • Frederick Water - Recommended SWSA Revisions in the Route 11 North Corridor • Waverly Farm CPPA Application Package CEP/pd 82 M 00 Northeast Frederick Land Use Plan - SWSA Review r Waverly Farm_SWSA Adjustment77, -� -Listing SWSA , Y Waverly Farm CPPA SWSA Request k . 145.5 acres i ! t ; 171 acre proposed adjustment l (Aere�tge based ott Parcel calculated acreage s r' Area Plans Parcels � Existing SWSA " \ •Future Route 37 Bypass — Long Range Land Use Business Mixed Use Industrial/Office J✓� I, Industrial t ' Extractive Mining Rural Community Center r C' Fire&Rescue Sensitive Natural Areas Institutional •kms.. �. F> Y. Area Plans Amb Parcels Existing SWSA Waverly Farm Proposed SWSA Future Route 37 Bypass a a }.±� Note: - Frederick County Dept of Planning&Development 107 N Kent St.Suite 202,Winchester,VA 22601 540-665-5651 r Map Created:September 9,2020 Y 0 0.15 0.3 0.6 Miles t ,� 145 APPENDIX I—AREA PLANS NORTHEAST FREDERICK LAND USE PLAN NELUP - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS; • MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 • BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 • SEWER AND WATER SERVICE AREA STUDY Approved TBD SEWER AND WATER SERVICE AREA (SWSA) STUDY (Draft Text) The Sewer and Water Service Area (SWSA) as outlined in the 2035 Comprehensive Plan, serves as the boundary that designates the limits of where public water and sewer could be extended. Future planned land uses shown on the Northeast Frederick Land Use Plan Map recognize the importance of planning for the County's economic development goals by designating sufficient areas for future commercial and industrial uses. Including these planned areas within the boundary of the SWSA is key to ensuring they are recognized for their future development potential as well as their inclusion in infrastructure planning. The 2020 SWSA study reviewed the boundary limits for areas with adopted future planned land uses that are intended to further economic development goals and expanded the SWSA to include these key areas. The study also reduced the SWSA boundary for areas with a planned land use that support economic development but do not require public water and sewer. This SWSA boundary review also recognizes that Frederick Water has identified significant sanitary sewer infrastructure improvements that will be necessary to increase conveyance and treatment capacities to meet the demands of new development. While some improvements could be addressed on a case-by-case approach, other larger improvements may be necessary which will require significant investments. Participation and coordination by multiple property owners for infrastructure financing should be considered to address the more significant conveyance and treatment needs. More importantly, future rezoning applications in this area must adequality address any infrastructure needs and impacts. Properly sized and constructed sanitary sewer infrastructure improvements must be in place and operational to facilitate future development proposals. 84 FREDERICK WATER 315 Tasker Road PH(540)868-1061 Eric R.Lawrence Stephens City,Virginia 22655 Fax(540)868-1429 Executive Director www.FrederickWater.com MEMORANDUM TO: Candice Perkins, Assistant Director, Frederick County Planning Department FROM: Eric R. Lawrence, Executive Director, Frederick Water SUBJECT: Recommended SWSA Revisions in the Route 11 North Corridor DATE: September 16, 2020 During a Frederick County Board of Supervisors-Planning Commission work session on August 12, 2020, Frederick Water was tasked with reviewing the existing Sewer and Water Service Area (SWSA) boundaries and sewer demands and system capacities in the County's Route 11 North corridor, more specifically the area depicted in the County's Northeast Land Use Plan (NELUP). The catalyst for the review of the SWSA was a Comprehensive Policy Plan Amendment (CPPA) application to include the Waverly Farm property within the SWSA. The Board of Supervisors recognized that there may be sewer service challenges in the NELUP area and requested Frederick Water's recommendations for the NELUP-area SWSA boundary that incorporates the Waverly Farm and possibly other past unsuccessful CPPA requests. Frederick Water staff assembled a brief analysis of the sewer system capacities and projected future sewer demands, utilizing information captured in the 2017 Sanitary Sewer Master Plan. The analysis identified necessary sanitary sewer infrastructure improvements to meet future demands and recognized that the necessary improvements should be funded through property owner contributions as the improvements will facilitate economic development opportunities for the property owners. Revisions to the SWSA would enable additional property owners to contribute funding towards, and benefiting from, the improvements. Attached is a brief analysis and recommendations drafted to address the Board of Supervisors' request. The Frederick Water Planning Committee reviewed this SWSA request during their meeting on September 14, 2020, and forward their comments and recommendations for the Frederick Water Board of Director's consideration. On September 15, 2020, the Frederick Water Board of Directors forwarded a SWSA recommendation for the Board of Supervisors consideration; that recommendation is attached. Attachments: Support Materials and Recommended Revisions to the NELUP SWSA Water At Your Service 85 NELUP SWSA review by Frederick Water September 15, 2020 Task Review existing SWSA boundaries and sewer demands and system capacities. Propose new NELUP-area SWSA boundary that incorporates Waverly Farm and possibly other past unsuccessful CPPA requests. Provide an update on sewer demands, capacities, deficiencies, and remedies. Background The 2017 Sanitary Sewer Master Plan (SSMP) considered the planned land uses depicted in the County's 2035 Comprehensive Policy Plan (2035 CPP). The SSMP's Northern Service Region captured the 2035 CPP's Round Hill plan, Northeast Land Use Plan (NELUP), and a portion of planned land uses generally located north of Senseny Road. For today's SWSA review effort, we are looking at the NELUP area, generally north of the intersection of 1-81 and Martinsburg Pike (Rutherford Crossing shopping center area). The NELUP area is served by a series of sanitary sewer pump stations and forcemains,generally following the Martinsburg Pike (Route 11) corridor and flowing from the north to south. The Rest Church Road area is a lower elevation than the Rutherford Crossing shopping center area, therefore requiring pump stations and forcemains to convey sanitary sewer flows to the wastewater treatment plant-the Opequon Water Reclamation Facility(OWRF)- located on Berryville Pike (Route 7). The SSMP projects a future deficiency for sewer conveyance and treatment in the Northern Service Region. The most crucial limitations are related to the capacity in the common forcemain from the VDOT pump station, the overall pumping capacity of the Red Bud pump station, and the capacity of FWSA's Abrams Creek Interceptor. Through efforts already underway with the construction of the Stephenson Interceptor sewer, sewer conveyance will be re-routed away from the Red Bud pump station and the Abrams Creek Interceptor. The intent of the Stephenson Interceptor is to direct sanitary flows from the VDOT pump station, past Rutherford Crossing, to the Stephenson Regional pump station. The Stephenson Interceptor also captures sanitary sewer flows generated in Snowden Bridge and the new Graystone Business Park. The common eight-inch forcemain from the VDOT pump station is nearing capacity.The velocities in the forcemain when multiple pumps are pumping simultaneously are creating high headloss conditions. These conditions may exclude smaller pump stations from effectively pumping into the conveyance system. Smaller pump stations like Carroll Industrial Park, Hiatt Run, Rutherford Crossing, and Omps are challenged. With additional sanitary sewer flows redirected to the Stephenson Regional pump station, its planned pump station upgrades will need to be advanced in the near term. 86 Sanitary sewer flows in the NELUP area currently flow to the Opecluon Water Reclamation Facility (OWRF)for treatment. Treatment capacities at the plant are presently available to meet today's demands but will be insufficient to meet the long term demands of the built-out NELUP. Planned Land Uses and Projected Sanitary Sewer Demands The planned land uses of the NELUP were captured in the 2017 SSMP. There has not been significant development over the past 3 years within NELUP that would drastically impact the calculations. Some of the development that has occurred include the addition of Amazon and Handy Mart(Rest Church area), and a few restaurants and a hotel in Rutherford Crossing. Table 3.1 below shows the expected development by land use over the next 30 years, and it is broken down by the sewerage facilities most likely to directly receive the new development's flow. (2017 land use information extrapolated from 2035 CCP's NELUP) BreakdownTable 3.1 Land Use Growth Commercial (Ac.) Industrial (Ac.) Residential(Ac.) Total By Location Woodbine PS 322 782 1,104 VDOT PS 204 140 344 Stephenson Regional PS 389 389 Rutherford Crossing PS 58 531 589 Red Bud Run PS 30 383 38 451 87 The additional flows created by new development were computed using the available number of acres in three streamlined categories: commercial, industrial, and residential.The growth areas were the main focus in this calculation as they will create the greatest burden on the existing sewer system. A location- by-location breakdown of total increase in flow over the next 30 years can be seen in Table 3.2. Table 3.2 30-Year Projected Flow Increase Breakdown Location Flow Increase (MGD) Woodbine 1.73 VDOT 0.41 Stephenson Regional 1.95 Rutherford Crossing 1.19 Red Bud Run 0.91 The flows shown in Table 3.3 for the OWRF are only Frederick Water's flow contributions. It should be noted that the flow's 5-to 10-year growth projections for the OWRF exceed the current design. BreakdownTable 3.3 Growth Opequon Flow Contributions Current 5 Year 10 Year 15 Year 20 Year 30 Year Previous Total 2.900 2.900 4.964 7.238 8.560 10.108 Northern 1.646 1.096 1.322 1.374 0.316 Eastern 0.418 1.178 0.174 0.209 Running Totals 2.900 4.964 7.238 8.560 10.108 10.633 Flow Contributions Current 5 Year 10 Year 15 Year 20 Year 30 Year Previous Total 0.038 0.038 1.684 2.689 4.011 5.077 Northern Redirect 0.067 0.931 1.090 1.066 0.316 Stephenson 1.579 0.074 0.232 Running Totals 0.038 1.684 2.689 4.011 5.077 5.393 88 Sanitary Sewer System Analysis It is projected that the VDOT pump station could accommodate 100,000 GPD of additional sanitary sewer flows, but the increased headloss will significantly impact the abilities of the smaller downstream pump stations to inject their flows. SCADA improvements which link communication amongst the pump stations would improve the flow abilities and efficiencies.These SCADA improvements should increase the capacity of the pump stations to its previously designed maximum flow rate. The use of a SCADA system would reduce the occurrence of multiple pumps running simultaneously, reduce high pressure conditions, and help reduce flow spikes at the VDOT pump station. Once SCADA improvements are implemented, actual upgrades to the VDOT pump station and forcemain, and the Stephenson Regional pump station will be required to accommodate additional flows. Limitations at the Opequon Water Reclamation Facility(OWRF) will warrant its expansion and/or establishment of a new wastewater treatment facility in the northern region to meet sanitary sewer flow treatment. The 2017 SSMP projects that the new wastewater treatment plant will be needed within 10-20 years, dependent on development trends in the commercial/industrial sectors. The timeline for the sanitary sewer system upgrades will be driven by the pace of introduction of new sanitary sewer flows. Conveyance and treatment limitations in the NELUP area would suggest that low sanitary sewer generators are more desirable than heavy flow generators. New treatment technologies and the ability of industrial onsite pre-treatment may also create avenues for less stringent treatment requirements in the future, possibly minimizing discharge to the sanitary sewer system and enabling onsite pre-treatment to be discharged under VPDES permits. 89 Recommendations It is recommended that the SWSA boundary be adjusted to remove some areas from the SWSA when planned land uses clearly would not require Frederick Water's water and sanitary sewer services, and the addition of areas when planned land uses would require Frederick Water's water and sanitary sewer services. The recommendations also emphasize that private investment in sewer conveyance and treatment will be necessary to achieve the future planned land uses identified in the County's 2035 Comprehensive Plan's NELUP. The private investment may be facilitated via Grant-in-Aid agreements similar to that utilized to bring sanitary sewer to this area of the county in early 2000; private upfront investment for 15-year capacity reservations and perpetual sewer availability fee credits equal to the property owner's initial investment value. 1. SWSA revisions a. Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. b. Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These recommended SWSA-additions were previously unsuccessful property owner initiated Comprehensive Policy Plan Amendments (CPPAs). c. Net change results in 335.43-acre addition to the SWSA. 2. Sewer Conveyance Improvements (0-10 years) a. Add SCADA to all pump stations serving the NELUP area. Estimated at$20,000 per pump station. b. Upgrade the VDOT sanitary sewer pump station to accommodate 2.250MGD flows. Estimated at$2,100,000. c. Upgrade forcemain downstream of VDOT pump station past Rutherford Crossing shopping center. Estimated at$2,000,000. d. Upgrade the Stephenson Regional sanitary sewer pump station.This upgrade should increase the capacity of the pump station to its previously designed maximum flow rate. Estimated at$300,000. 3. Wastewater Treatment capacity expansion (10-20 years) a. Expand OWRF or construction a new wastewater treatment plant in NELUP to increase treatment capacity. Size the additional treatment capacity at 6 MGD, possibly an initial phase of 2 MGD. Estimated at$50,000,000 90 APPENDIX I - AREA PLANS FREDERICK WATER RECOMMENDATION 9/ 15/2020 NORTHEAST FREDERICK LAND USE PLAN NELUP - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS; • MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 • BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 • SWSA ADJUSTMENT AMENDMENT Approved by the Board of Supervisors on XXXXXX XX, 202x The Northeast Frederick Land Use Plan, NELUP, was approved by the Board of Supervisors on July 14th, 2011. At that time, the series of four maps detailing the Plan were approved. Text describing the Plan was not included. Subsequently, the two amendments to this plan noted above have included a text component. The text component of the plan follows. Northeast Land Use Plan 1 91 APPENDIX I - AREA PLANS MCCANN-SLAUGHTER AMENDMENT (BOS APPROVED AUGUST 13, 2014) The Comprehensive Plans and Programs Committee (CPPC), at their April 14, 2014 meeting, recommended that the following amendment be incorporated into the Northeast Land Use Plan: The CPPC proposed the following balanced approach as an amendment to the Northeast Land Use Plan for the McCann-Slaughter properties located near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). This location has historically been identified as a Sensitive Natural Area (NSA) due to the environmental and historical features on and around the site, most notably Stephenson's Depot. • Protection of the environmental features of the site. • Preservation of those areas identified with NSA's and development limited to those areas to the south of the NSA's and south of McCann's Road. • Utilizing McCann's Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area). • An O.M. (Mixed Use Office/Industrial) land use designation. • Access to be provided via a new north south road that would generally be adjacent to the border of the Sensitive Natural Area (NSA) providing access from Old Charles Town Road to McCann's Lane and the southern portion of the property. Ultimately, Route 37 would divide the southern portion of the property. No access would be permitted to McCann's Lane for vehicular access to Martinsburg Pike or Milburn Road. Subsequently, the proposal was further evaluated to determine if other elements could be incorporated into the proposed amendment that would further ensure the environmental, historical, and development resources were protected, promoted, and sensitively integrated together in this balanced amendment to the Northeast Land Use Plan. To that end, the following items should be addressed with the future development of this area. • A buffer adjacent to McCann's lane that is approximately 50'in width (from the centerline). Contained within this area; native landscape plantings and preservation of the existing hedgerows aimed at Northeast Land Use Plan 2 92 APPENDIX I - AREA PLANS preserving this resource and its character, interpreting the historical landscape, and buffering the future development. • A transitional buffer between the existing floodplain and future land uses that promotes environmental best management practices and buffers the historical NSA from the future land uses (landscaping, building height transitions, view sheds). This buffer may include areas of the identified environmental resources. • The ability to include a small area of neighborhood commercial land use in support of the proposed OM land use. This would be located in the northern portion of the OM land use adjacent to the future road. • An interpretive trail head/parking area in the northern portion of this area adjacent to the proposed road could be incorporated into the design of the project, potentially in conjunction with a small area of neighborhood commercial. The interpretation may be reflective of the environmental and historical resources of the site and area. • The CPPC recommended the OM land use designation extends to the center of the stream. (A subsequent evaluation of this indicated it would be more appropriate to have the edge of the ultimate floodplain be the common boundary as a floodplain is, by definition in the 2030 Comprehensive Plan, an identified Sensitive Natural Area). • The location and design of the road should be sensitive to the environmental and historical resources and should have minimal impact. • Historical signage consistent with currently used signage should be provided. • Historically relevant features, such as split rail fences, should be considered as a feature of the future development. But care should be taken to ensure the character of the resource isn't changed. • Appropriate traffic controls should be provided on McCann's Lane to ensure that it is used only for pedestrian and bicycle users. In general, balance was maintained as the overarching theme of the discussion of the CPPC, and subsequently, the discussion of the ad-hoc CPPC/HRAB group. Northeast Land Use Plan 3 93 APPENDIX I - AREA PLANS BLAIN PROPERTIES AMENDMENT (BOS APPROVED FEBRUARY 25, 2015) Approved lanauaae: The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character. In general, the north-south major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses. Flexibility should be offered in the final balance and location of land uses. Future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. Northeast Land Use Plan 4 94 APPENDIX I - AREA PLANS SWSA ADJUSTMENT AMENDMENT (BOS APPROVED XXXXXXX XX, 202X) The Comprehensive Plans and Programs Committee (CPPC), at their XXXXX XX, 20XX meeting, recommended that the following SWSA adiustment and text be incorporated into the Northeast Land Use Plan: The SWSA within the Northeast Land Use Plan recognizes the importance of planning for economic development, properly designating planned land uses, and placing those sites within the SWSA as an indication that the county is supportive of properly planned economic development opportunities. Properties that had previously been designated with planned land uses to promoted economic development have been captured within the SWSA. Those properties that are designated with planned land uses that support economic development but do not require public water and sewer have been removed from the SWSA. The SWSA adjustment elevates the importance of access to public water and sewer for the underlying planned land uses to be realized. Significant sanitary sewer improvements will be necessary to increase conveyance and treatment capacities to meet the demands of new development. While some improvements may certainly be addressed on a case-by-case approach, other improvements will require significant investment. Consideration of multiple property owner involvement in infrastructure financing should be considered to address the more significant conveyance and treatment needs. More important, property owners realize that properly sized and constructed sanitary sewer infrastructure needs to be in place and operational to facilitate private site development. Northeast Land Use Plan 5 95 Long Range Land Use Extractive Mining Land Uses REMOVE 681.97 acres Fruit Hill Orchard ADD 153.65 acres Business The Interstate Orchard ADD 156.90 acres Waverly Farm ADD 174.64 acres -_-_� Community Centel Woodside ADD 532.21 acres Extractive Mining fj j Net Change to 5W5A=+335.43 acres ®Heavy Industrial Industrial ®Mixed Use Industrial/Office 0 Planned Unit Development Park Residential Sensitive Natural Area Warehouse /A M 0 r �l d/ 0.. Gak 0MMMA i Is FREDERICK WATER Proposed SWSA Adjustments Sewer/Water Service Area-Adjustments Sewer/Water Service Area-Current ®Extractive Mining Land Uses S Fruit Hill Orchard The Interstate Orchard OWaverly Farm Woodside ` N i "r ' WE S Date:9/152020 5 :Esri, ER ,�armin,USGS,Interm p,INC E�ENT Pt RCan,Esri Japan,METI,Esri China (Hong Kong),Esri Korea,Esri(Thailand),NOCC,(c)OpenS.treetMa�contributors,and the GIS User �� Community i FREDERICK WATER New SWSA Boundary 6 i New SWSA '$r Sources:Esri,HERE,Gari in,USGS,In[ S Date:9/15/2020 (Hong Kong),Esri Korea,Esri(Thailand),NGCC,(c)OpenStreetMap contributors,and the GIS User 97 Commun Ry FREDERICK WATER New SWSA Boundary Current Sewer Infrastructure Woodbine New SWSA �/ P5 Sewer Gravity Main Sewer Force Main Sewer Pump Station N W*` F S Date:9/15/2020 / 'Ps Clearbrook Park Sewer Pump Station Ir Ps VDCT estArea 1-81 I� vs Yardmaster Court Carroll Industri.al Park / PSIt win d/Tyson Dr. Hiatt,Run Pump Station /Ps ���/�� / Rutherford Crossing�Sewer Pump'Station Ps Ps /// J&K%Investmenh Pump-Station 0p Rail.Warou -- e /P` Stephenson Regional Sewer Pump Station PS A� Red Bud Run Pump Station f. r* Sources:Esri, ERE,Garmin,US/GS,Intermap,INCREMENT P,NRCan,Esri Japan,METI,Esri China (H'• g Kong),Esri Korea,Esri(T ailand),NGCC,(c)OpenStree ap contributors,and the GIS User 98 T' Community APPENDIX I - AREA PLANS NORTHEAST FREDERICK LAND USE PLAN NELUP - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS; • MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 • BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 The Northeast Frederick Land Use Plan, NELUP, was approved by the Board of Supervisors on July 14th, 2011. At that time, the series of four maps detailing the Plan were approved. Text describing the Plan was not included. Subsequently, the two amendments to this plan noted above have included a text component. The text component of the plan follows. Northeast Land Use Plan 1 99 APPENDIX I - AREA PLANS MCCANN-SLAUGHTER AMENDMENT (BOS APPROVED AUGUST 13, 2014) The Comprehensive Plans and Programs Committee (CPPC), at their April 14, 2014 meeting, recommended that the following amendment be incorporated into the Northeast Land Use Plan: The CPPC proposed the following balanced approach as an amendment to the Northeast Land Use Plan for the McCann-Slaughter properties located near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). This location has historically been identified as a Sensitive Natural Area (NSA) due to the environmental and historical features on and around the site, most notably Stephenson's Depot. • Protection of the environmental features of the site. • Preservation of those areas identified with NSA's and development limited to those areas to the south of the NSA's and south of McCann's Road. • Utilizing McCann's Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area). • An O.M. (Mixed Use Office/Industrial) land use designation. • Access to be provided via a new north south road that would generally be adjacent to the border of the Sensitive Natural Area (NSA) providing access from Old Charles Town Road to McCann's Lane and the southern portion of the property. Ultimately, Route 37 would divide the southern portion of the property. No access would be permitted to McCann's Lane for vehicular access to Martinsburg Pike or Milburn Road. Subsequently, the proposal was further evaluated to determine if other elements could be incorporated into the proposed amendment that would further ensure the environmental, historical, and development resources were protected, promoted, and sensitively integrated together in this balanced amendment to the Northeast Land Use Plan. To that end, the following items should be addressed with the future development of this area. • A buffer adjacent to McCann's lane that is approximately 50'in width (from the centerline). Contained within this area; native landscape plantings and preservation of the existing hedgerows aimed at Northeast Land Use Plan 2 100 APPENDIX I - AREA PLANS preserving this resource and its character, interpreting the historical landscape, and buffering the future development. • A transitional buffer between the existing floodplain and future land uses that promotes environmental best management practices and buffers the historical NSA from the future land uses (landscaping, building height transitions, view sheds). This buffer may include areas of the identified environmental resources. • The ability to include a small area of neighborhood commercial land use in support of the proposed OM land use. This would be located in the northern portion of the OM land use adjacent to the future road. • An interpretive trail head/parking area in the northern portion of this area adjacent to the proposed road could be incorporated into the design of the project, potentially in conjunction with a small area of neighborhood commercial. The interpretation may be reflective of the environmental and historical resources of the site and area. • The CPPC recommended the OM land use designation extends to the center of the stream. (A subsequent evaluation of this indicated it would be more appropriate to have the edge of the ultimate floodplain be the common boundary as a floodplain is, by definition in the 2030 Comprehensive Plan, an identified Sensitive Natural Area). • The location and design of the road should be sensitive to the environmental and historical resources and should have minimal impact. • Historical signage consistent with currently used signage should be provided. • Historically relevant features, such as split rail fences, should be considered as a feature of the future development. But care should be taken to ensure the character of the resource isn't changed. • Appropriate traffic controls should be provided on McCann's Lane to ensure that it is used only for pedestrian and bicycle users. In general, balance was maintained as the overarching theme of the discussion of the CPPC, and subsequently, the discussion of the ad-hoc CPPC/HRAB group. Northeast Land Use Plan 3 101 APPENDIX I - AREA PLANS BLAIN PROPERTIES AMENDMENT (BOS APPROVED FEBRUARY 25, 2015) Approved lanauaae: The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character. In general, the north-south major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses. Flexibility should be offered in the final balance and location of land uses. Future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. Northeast Land Use Plan 4 102 © Existing Elementary . Existing High School 19 Future Elementary oFuture Park � Eastern Road Plan • \�• %` New Major Arterial ' Improved Major Arterial •+\�• New Minor Arterial -V I 00111-�Improved Minor Arterial } +�} New Major Collector Improved Major Collector •^��• New Minor Collector /'_ ♦�Improved Minor Collector �•n, Ramp Ar, Roundabout �\ Trails /� }F ���;I•,•�'k �r � � 3 �\ 6 S' Brook �: ro wn — \i1 /H ` Rural Co iiiiiy 665 i � G G ® , o i �:� ® ', Rurai Community �� 9 �r �NNIM/ -- i sT VFW- 661 , p • � 661 is • l • �e City Of Winchester a , 00Area Plan \ _ �'• Northeast • �•� Urban Development Area Sewer and Water Service Area '`O,Future Rt 37 Bypass • Use Plan Land Use Legend OBusiness ®Heavy Industrial Urban Center •Sensitive Natural Areas N SGS?`=COO ®Mixed-Use ®Mixed Use Industrial\Office Neighborhood Village Fire&Rescue4, Mixed Use Commercial\Office •Extractive Mining ® OM Institutional Commercial Recreation Highway Commercial O Residential Recreation School S -Industrial 440 Planned Unit Development Natural Resources&RecreationRural Community Center ®Warehouse ;JZD Park 2035 Comprehensive Policy Plan Man 0 0.25 0.5 1 1.5 Miles Adopted January 25,20:103 i I I I � � , sse mow,,,• /•F 4 Cf..,eroox s erJ erowa '' ` Rural Communi 665 73, Stephenson ' Rural Commonrry l• z� Aot y "♦ ' • ""s 37 • V�, r City of1�� Winchester Area Plan Northeast Frederick Land Use Plan Urban Development Area Sewer and Water Service Area '-`• ;.Future Rt 37 Bypass Trans• • . • . • Ck.�o •*'%,*New Major Arterial *'..#New Major Collector 0'%.# N,i Ramp 0'4*.i Improved Major Arterial 0*%.o Improved Major Collector Roundabout 1%*New Minor Arterial New Minor Collector Trails s *'%.I Improved Minor Arterial Improved Minor Collector 2035 Comprehensive Policy Plan Map 0 0.25 0.5 1 Miles Adopted January 25,20:104 i I i O ( _ J n '( 0— CT)o Cf—Brook s er4iteem— Rural C..—I 6102 A[er e` b .12 CH V A B f ` y•a C.,v �^m w 4`` OO. Stephenson Rural Community . Cen[er 37 659 • , i• ••• • • • Y • ••, • _ � - �•- City of Winchester •••'• NortheastArea Plan - • - • Use Plan Urban Development Area Sewer and Water Service Area Transportation Map - Lane Divides Proposed Lane Divides Noy, �04 Lane Limited Access w/ CD Lanes (if required) we 1'x, g.a, 6 Lane Divided s 4 Lane Divided 2035 Comprehensive Policy Plan Map 0 0.25 0.5 1 Miles Adopted January 25,20:105 i I i F% s Y / J. / r- _ >h, CT) } Clear Brook& 672 Rural Community Ocenter 672 GC16, SfePhen Rural Com unify Center Y I 37 - 117!11 � ��� ;j•� � � •• ,�F , •\•• ••• Y .- - � • 660 r • � — Ctsv _ �-�-�—_ X r A , ••• _, 1.. �•• CIfy of, ,e7 Winchester I L' +� ••• *77 Area Plan Northeast Frederick Land Use Plan Community Facilities Natural o- f • Recreational Urban Development Area Sewer and Water Service Area -\__.;Future Rt 37 Bypass Resources Plan Facilities Future Elementary Community Facilities Park Existing Elementary Elementary School Future Park v Future Elementary School�water Resources Area (SDI Future Park WExisting High School F//,Middle School O Natural Resource&Recreation Areas High School •Sensitive Natural Areas g /�+ Fire&Rescue Station ��Rural Community Center 2035 Comprehensive Policy Pian Map 0 0.25 0.5 1 Miles Adopted January 25,20106 r` C) �y 4 2. COMPREHENSIVE PLAN AMENDMENT INITIATION REQUEST FORM 3. (Please type all information. The application will not be deemed complete unless all items listed below have been submitted.) A. Owner(s)Information: 1. Name: Waverly Farm, c/o Michael Stiles Project Name: Waverly Farm - Sewer&Water Service Area Expansion Mailing Address:461 Waverly Road Clear Brook, VA 22624 4. Telephone Number: (540) 667-8061 3. Authorized Agent Information: 1. Name: John R. Riley, Jr-Consultant 2. Project Name: Waverly Farm -Sewer&Water Service Area Expansion Mailing Address: 101 Barrel Way Stephenson, VA 22656 4. Telephone Number: B. Legal interest in the property affected or reason for the request: All of Waverly Farm is planned for Industrial and Mixed Use Industrial Office in the 2035 Frederick County Comprehensive Plan.However,only a fourth of this planned land is within the SWSA.We are requesting the remaining+/-145.5 acres be included as well. - C. Proposed Comprehensive Plan amendment please provide the following information. 1. FOR A MAP AMENDMENT a. PIN(s): 33-(A)-69. 33-(A)-70,44-(A)-80,44-(A)-80A Magisterial District: Stonewall b. Parcel size(approximat( acres): ;0(-51.36 ac.is in SWSA,+/-145.5 ac.to be added 3 00 C) C. Plat of area proposed for CPPA amendment, including metes and bounds description. d. Existing Comprehensive Plan land use classification(s): Mixed Use Industrial/Office and Industrial e. Proposed Comprehensive Plan land use classification(s): Mixed Use Industrial/Office and Industrial Note: No changes to the planned use, only moving the SWSA to include the parcels f. Existing zoning and land use of the subject parcel: RA (Rural Areas) -Currently used for Agriculture 9. What use/zoning will be requested if amendment is approved? The intended use and zoning will be consistent with the current 2035 Comp. Plan. h. Describe, using text and maps as necessary, the existing zoning, Comprehensive Plan designations, and/or approved uses and densities along with other characteristics of properties that are within: 0 1/4 mile from the parcel(s)perimeter if the parcel is less than 20 acres in size; 9 %2 mile if 21 - 100 acres in size; or 0 1 mile if more than 100 acres in size. Note: Colored maps cannot be duplicated in the Planning Department. L The name, mailing address, and parcel number of all property owners within 200 ft. of the subject parcel(s), with Adjacent Property Owners Affidavit(page 8). 2. FOR A TEXT AMENDMENT a. Purpose and intent of amendment. No text changes are requested to the current plan, only a map update to shift the SWSA 4 M (D b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. n/a C. Proposed new or revised text. n/a Note:Please attach and specify text changes with additions underlined and deletions crossed through. d. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. The 2035 Comp. Plan recommends having substantial industrial and commercial development in our tax base to offset the expenses with all of the housing developments. Industrial uses are planned around the 1-81 exits to faciliate the additional traffic. There are no revisions to the goals, policies, and action strategies. e. Demonstrate how the proposal is internally consistent with other Comprehensive Plan components that are not the subject of the amendment. The requested SWSA changes simply allows the existing planned land uses to occur. f. What level of service impacts, if any,are associated with the request? The two major impacts will be to Transportation and Public Water/Sewer. Both of these impacts will be addressed at a rezoning through proffers and is the developers responsibility. 3. FOR ALL AMENDMENTS a. Justification of proposed Comprehensive Plan amendment(provide attachments if necessary). Describe why the change to the Comprehensive Plan is being proposed. The requested SWSA changes simply allows the existing planned land uses to occur. Until this change to the SWSA is made, the land owner can not implement the land uses 5 C) already proposed in the 2035 Comp. Plan. — b. How would the resultant changes impact or benefit Frederick County. Consider, for example,transportation,economic development and public facilities. The greatest impact will be to the transportation infrastructure. During the rezoning process, a TIA will identify all of the impacts and improvements needed to mitigate them by the developer.The next impact will be to the water and sewer system. The nerro-ares. l already be in operation before any development will happen on Waverly Farm;therefore,water capacity is not an issue.The sewer capacity and solutions to address this will be the developers responsibility.All studies and improvements will be need to be addressed with a rezoning application. The benefits will be an increased positive tax base and employment opportunities for citizens. Other information may be required by the Director of Planning,the Planning Commission,or Board of County Supervisors during the review of the initiation request. The applicant will be notified,in writing,if additional information is required. All applications must also contain the following items: a 1. Special Limited Power of Attorney Affidavit(see page 9 if parcels of land are Z involved). Non-Refundable Application Review Fee of$3,000(payable to the Frederick County Treasurer). Applicants should consult the Comprehensive Plan to identify goals,policies or action strategies which are applicable to individual Comprehensive Plan amendment requests. 6 Signatures: I (we), the undersigned, do hereby respectfully make application to and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan, 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. Applicant(s): -14 Date: v if Owner(s): r a e: N r r Y Qr m n a 9© •�OIa6P!b:uryupd 'l = /�;. � .. /f ,/ G S•�;� oy c ` a 1 5 'pdaJ410 llaM N b� Waverly Farm Label Tax Map Number Owner Mailing Address City and State ZIP A 33 A 164A HMC LP LLP 920 HOPEWELL RD CLEAR BROOK,VA 22624 B 33 A 78 HMC LP LLP 920 HOPEWELL RD CLEAR BROOK,VA 22624 C 33 A 73 COOKE RONALD R, COOKE LINDA D 722 HOPEWELL RD CLEAR BROOK,VA 22624 D 33 6 15 STILES PAUL L 669 HOPEWELL RD CLEAR BROOK,VA 22624 E 33 6 16 COLLINS MONTE, COLLINS THELMA L 132 GRIMES GOLDEN LN CLEAR BROOK,VA 22624 F 33 1 11 POOLE LINDA, BRUCE KAREN 2117 HARVEST DR WINCHESTER,VA 22601 G 33 A 68 HOPEWELL MEETING LOT, C/O JAMES T RILEY 1321 VANCERIGHT CIR WINCHESTER,VA 22601 H 33 131 1 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 1 33 131 3 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 J 33 131 66 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 K 33 131 64 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 L 33 131 62 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 M 33 131 55 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 N 33 131 53 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 O 33 131 51 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 P 33 131 49 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 Q 33 131 47 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 R 33 131 45 WAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 S 33 131 44 IWAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 T 33 131 43 jWAVERLY FARM LLC,ATTN: BIKRM SINGH 11325 RANDOM HILLS RD STE 360 FAIRFAX,VA 22030 U 44 A 313 PRICE LEANNA MARIE 219 MORELAND LN CLEAR BROOK,VA 22624 V 44 A 2 MORELAND ROBERT L 162 MORELAND LN CLEAR BROOK,VA 22624 W 44 A 80B MORELAND ROBERT LORAIN,SHIRLEY IRENE 162 MORELAND LN CLEAR BROOK,VA 22624 X 44 A 3 PAYNE GARY L, PAYNE PAMELA L 358 VIEW WEST LN CLEAR BROOK,VA 22624 Y 44 A 78 PRICE THOMAS FRANKLIN 164 MICHAEL DR CLEAR BROOK,VA 22624 Z 44 A 78C SAVILLE BRUCE ELLEN 144 MICHAEL DR CLEAR BROOK,VA 22624 Al 44 A 78A KITTS GARY M, KITTS LOUISE L 472 WAVERLY RD CLEAR BROOK,VA 22624 Bl 44 A 7$8 MCCORD DANIEL E 456 WAVERLY RD CLEAR BROOK,VA 22624 C1 44 A 79 TAYLOR RICHARD R 386 WAVERLY RD CLEAR BROOK,VA 22624 D1 33 A 71 FISHEL DAVID G 323 WAVERLY RD CLEAR BROOK,VA 22624 113 Lened 41 J r N Waverly Farm/Stiles Property L_ -- L 1 33 331 A70Y-- 'pa a' 44",.o 1 L 1 ac -- 44 A84A � dp.s'xr �► •oar SWSA Boundary 3 9 Parcel Boundary IVA F. 33 _�yy4 ,rJ s - Natural gsmtwjb LJ hugt'Bensity Residential,6 u/a fes` Q 7 �r High-Density Residential,12-16 u/a I [ sss Hig Rural Area Interstate Buffer t ON ff Planned Unit Development M B2/B3 ®Residential,4 We HMO - I"'1 Hiah-Density Ra 41-6.1 Environmental Resourc st w iERR Institutional 114 79s A' 811` Songbird Ln ^ •� rh}triton k� Oraca..h lCY 671 a� C UrC w ``-,b 671 h Ra j a 3 see 686 ,YQ' /'a Q•`' R4ssN(1, C Up /OOy� sJ? N Rd ' t ° E � s W 1 {�� Gri+rye 867 672 °peK'e/h d o eto 0 16 in. 67z og 4 672 °�ha+Ytr 6In. ?yary� +Vfc sv:.t24in. o °k'h �°r Jo A k vsr a RRaatev `' <a Q [ 746 c ;m th �' 666 "��o. ��•�v 40 ❑ s6t A '3,.,� r �4i Farrgrotr� � L Vie ,Grew Ra c, t'�nJJ/ l f Tatanka Claarvie .Or S in9� m 896 Wa1te'r seMitt n 7 r U 0 t Ct r�.t �y c � f 866 4,tttet to e end Wavv Farm/Stiles Property %""-.j A.533 A 69 �°. �C..6► y arc c CSS o me j L®�l33 A 70PrlraOaa.y r L J&;:44 A 80 „ L �A- 44 7d4 BOA vof r o tib? ?o. t J �o E OaJ ;t EM 1 Mile Dis%nce fro Bub ec3 Rr hes f r? P aJn \ �sJrj aJn sJ? y � c +h' i pp G a ? f{v 6y 4r Old Sewer Pum g5tatio Ij ass' aJ } syh $hh at ;h `C. �o ao Ch ries PUMP �(h. s%P Town Rd S' Gat s 1 ° see vi• ca 7zs Sewer F6r?ce s �? h. B Ary` � �. e96 J 0��' in• sa#, Sewe 7®avity Ma' Jn• / d', Bar Feet Wate in ? c> c k� •r ?c �i, c s Jh a r_,M mk try as 2,000 °°@�r,B°Str; 2,000 10* —'A beememmmmmo- 115 Q0 ia Attachment 1 CO (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick,Virginia �n Frederick Planning Web Site:www.fcva.us L0 ILT�41 Department of Planning& Development,County of Fre rick,Virgini 107 North Kent Street,Suite 202 Winchester,Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 STATE OF VIRGINIA COUNTY OF FREDERICK This day of (Day) (Month) (Year) I -4 (Owner/Contra Purchaser/Authorized Agent) hereby make oath that the list of property owners of the subject site;as submitted with the application. is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate ssm nt records. �_ /C ontract Purchaser Authorizeduthorized Agent)) (Gir�le One COMMONWEALTH OF VIRGINIA: 040 County of_ Subscribed and sworn to before me this_ day of County and State aforesaid,by the forenamed Principal. ° QRog*PUBLIC My Commission expires: DEBRA CCPOPE Commorm?alfh of V rg nia ���a,#iWt7g25fi My Qgmr iissitm LX i,% Nev.30.2022 s ti CO Attachment .e pecial Urnited rower ot ttorney County of Frederick,Virginia Frederick Planning Web Site:www.fcva.us ,r Department of Planning&Development,County of Frederick,Virginia 107 North Kent Street,Suite 202 Winchester,Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6345 Know All Men By Those Present:jhaL (We) (Name) t CL„e t 6� �t S (Phone) (Address)CWW,/ r L the owner(s)of all those tracts or parcels of land("Property")conveyed to me(us),by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick,Virginia,by Instrument No. on Page and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make,co stitute and appoint: (Name) Z+tit e v l6 �-X (Phone) C)G�j-7 (Address)rU( 64 CJ 4t1 To act as my true and lawful attorney-in-fact for and in my(our)name,place,and stead with full power and authority I (we) would have-if acting personally to file planning applications for my(our) above described Property,including: Rezoning(including proffers) Conditional Use Permit Master Development Plan(Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment Appeal or Variance 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 authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof,I(we)have h to my our)hand and seal this �? day of_ 202 Signature(s) 9 oo State of Virginia,City/County of—Re�e-,c To-wit: a Notary Public in and for the jurisdiction to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this�'O*y of 20o?O . My Commission Expires: ao Notary Public NOTARY PUBLIC commonwealth of virginia Reg, #7069266 My Commission Expires Nov.30.2022 to 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: October 14, 2020 ��Gt• Agenda Section: Planning Commission Business - Other Planning Business Title: Discussion: 2035 Comprehensive Plan Amendment - Northeast Land Use Plan (NELUP) - Sewer and Water Service Area (SWSA) Boundary Limit Adjustments Proposed revisions to the NELUP to adjust the boundary of the SWSA. This boundary adjustment proposes to remove 681.97-acres from the SWSA. This area is located east of Martinsburg Pike and north and south of Brucetown Road. The adjustment also proposed the addition of 1,017.40-acres to the SWSA in three locations: (1) west of 1-81, south of the West Virginia line, north and south of Rest Church Road, (2) east of 1-81, south of the West Virginia line, east of Woodside Road, north and south of Grace Church Road, and(3) west and adjacent to 1-81 south of Hopewell Road. These areas are located within the Stonewall Magisterial District. This SWSA boundary adjustment proposes an overall net increase to the boundary of 335.43 acres. Attachments: BOS1 0-1 4-20CPPA01-20NELUPSWSALimitsBoundaryStudyPacket.pdf 119 COQ e COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director RE: Discussion -Northeast Frederick Land Use Plan (NELUP) Sewer and Water Service Area (SWSA) Boundary Review DATE: October 8, 2020 This is a discussion for proposed adjustments to the boundary of the Sewer and Water Service Area(SWSA)for the Northeast Frederick Land Use Plan(NELUP). This SWSA boundary review focuses on the overall boundary shown in the NELUP and examines areas that could be adjusted —either by expanding or decreasing the limits of the SWSA boundary. This review also provides the opportunity to ensure that SWSA boundaries follow existing property lines where appropriate. Text is also proposed for inclusion in the NELUP narrative in Appendix I. The NELUP currently does not contain guiding text for this area. This SWSA boundary study was coordinated with Frederick Water to ensure that any area recommended for potential inclusion could be served by public water and sewer by existing or planned future constructed infrastructure. Frederick Water's Board of Directors adopted their "Recommended SWSA Revisions in the Route 1 I North Corridor"on September 15,2020. These recommendations emphasized that private investment in sewer conveyance and treatment will be necessary for any future development and recommended the following acreage adjustments: • Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. • Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These additions were previously unsuccessful requested Comprehensive Plan Amendments (CPPAs). • Net change results in 335.43-acre addition to the SWSA. The following areas are proposed for SWSA adjustments: • Expansion: West ofI-81, south ofthe West Virginia line, north and south of Rest Church Rd. • Expansion:East ofI-81, south of the West Virginia line, east of Woodside Rd, north and south of Grace Church Rd. • Expansion:Properties associated with Waverly Farm CPPA 901-20 • Reduction: East of Martinsburg Pike and north and south of Brucetown Rd. 120 Northeast Frederick Land Use Plan (NELUP) SWSA Boundary Study October 8, 2020 Page 2 Planned Areas Outside of Frederick Water's recommended SWSA: Staff would note that two areas with a future planned industrial land use, which are currently outside of the limits of the SWSA,have not been identified for inclusion with in the recommended SWSA adjustments from Frederick Water. Area 1 is located west of I-81 adjacent to the VDOT I-81 rest area and consists of approximately 114 acres. Area 2 is located west of I-81, north of Cedar Hill Road and runs adjacent to I-81 and consists of approximately 172 acres. With the SWSA boundary review, Frederick Water did focus on including areas that have previously requested to be included in the SWSA with a Comprehensive Plan Amendment (CPPA). The two areas identified have not previously requested a SWSA inclusion. The Comprehensive Plans and Programs Committee (CPPC) at their September meeting and the Planning Commission at their October meeting,both agreed that these areas should remain outside the SWSA, and that any future requests to be included in the SWSA should seek a future CPPA. Staff Conclusion: This proposed SWSA adjustment for the NELUP is presented to the Board of Supervisors for discussion. The Planning Commission discussed this item at their October 7, 2020 meeting and endorsed the SWSA adjustments and NELUP text as presented. Staff is seeking direction from the Board of Supervisors as to whether these NELUP Plan amendments are ready to be sent forward for public hearing. Staff is seeking direction on the following: 1) Removal of 681.97-acres from the SWSA - areas that have a planned future land use but may not need access to public water and sewer. 2) Addition of 1,017.40-acres to the SWSA - areas with planned land uses but not currently within the SWSA. 3) Net change results in 335.43-acre addition to the SWSA. 4) NELUP Draft Text for Appendix I. 5) Comments regarding the two areas with planned industrial and uses that are not included in Frederick Water's proposed SWSA boundary. (Not recommended for inclusion by the CPPC or the Planning Commission) Northeast Frederick Land Use Plan (NELUP)—SWSA Boundary Study Discussion History: CPPC Recommendation — July 2020: The Comprehensive Plans and Programs Committee (CPPC) discussed the Waverly CPPA request their July 13, 2020 meeting. The comments provided by Frederick Water were also discussed. Frederick Water indicated that the water and sewer planning efforts in the northeastern area of Frederick County had evolved since this area was last evaluated by the CPPC in 2019. While water infrastructure is being developed in support of future land uses in the Northeast,sewer will not be readily available in this area soon. In addition to the Waverly Farm study, the Committee also supported a future larger land use study of the entire Northeast Land Use Plan (NELUP) that reexamines land use, transportation, and utility 121 Northeast Frederick Land Use Plan (NELUP) SWSA Boundary Study October 8, 2020 Page 3 availability. Joint Work Session—August 12, 2020: Joint Work Session—August 12, 2020: The Board of Supervisors and Planning Commission held a joint work session on August 12,2020 and discussed the requested Waverly SWSA expansion request. The consensus reached following the discussion is that the Waverly Farm request and a SWSA study (boundary, capacity, property lines) be studied separately but followinz a simultaneous timeline. Frederick Water Recommendations - Since the August work session, Frederick Water worked to analyze the SWSA and their ability to serve areas currently shown in the NELUP with a future planned land that are outside of the SWSA boundary. These areas,while designated with a future land use, are outside the limits of the SWSA and therefore do not have the ability to connect to public water and sewer if available. The Frederick Water Board of Directors adopted their "Recommended SWSA Revisions in the Route 11 North Corridor" on September 15, 2020. Their recommended SWSA revisions are: It is recommended that the SWSA boundary be adjusted to remove some areas from the SWSA when planned land uses clearly would not require Frederick Water's water and sanitary sewer services, and the addition of areas when planned land uses would require Frederick Water's water and sanitary sewer services. The recommendations also emphasize that private investment in sewer conveyance and treatment will be necessary to achieve the future planned land uses identified in the County's 2035 Comprehensive Plan's NEL UP. The private investment may be facilitated via Grant-in-Aid agreements similar to that utilized to bring sanitary sewer to this area of the County in early 2000; private upfront investment for 15-year capacity reservations and perpetual sewer availability fee credits equal to the property owner's initial investment value. 1) SWSA revisions a) Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. b) Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These recommended SWSA- additions were previously unsuccessful property owner initiated Comprehensive Plan Amendments (CPPAs). c) Net change results in 335.43-acre addition to the SWSA. 2) Sewer Conveyance Improvements (0-10 years) a) Add SCADA to all pump stations serving the NEL UP area. Estimated at $20,000 per pump station. b) Upgrade the VDOT sanitary sewer pump station to accommodate 2.250MGD flows. Estimated at$2,100,000. c) Upgrade forcemain downstream of VDOT pump station past Rutherford Crossing shopping center. Estimated at$2,000,000. 122 Northeast Frederick Land Use Plan (NELUP) SWSA Boundary Study October 8, 2020 Page 4 d) Upgrade the Stephenson Regional sanitary sewer pump station. This upgrade should increase the capacity of the pump station to its previously designed maximum flow rate. Estimated at$300,000. 3) Wastewater Treatment capacity expansion (10-20 years) a) Expand OWRF or construction anew wastewater treatment plant in NEL UP to increase treatment capacity. Size the additional treatment capacity at 6 MGD, possibly an initial phase of 2 MGD. Estimated at$50,000,000 CPPC Discussion — September 2020: The Comprehensive Plans and Programs Committee (CPPC) discussed the NELUP SWSA proposed adjustments at their September 14, 2020 meeting. The Committee discussed each of the Frederick Water proposed areas and the two areas outside of the expansion proposal. The Committee recommended approval of the additions and reductions endorsed by Frederick Water. The Committee did not support the inclusion of the two areas that were not included in Frederick Water's recommended adjustment areas. The Committee recommended that these areas remain outside the SWSA and any future requests should seek a future Comprehensive Plan Amendment(CPPA). Planning Commission Discussion: The Planning Commission discussed this item at their meeting on October 7, 2020. During the meeting, the Commission discussed the 335 acres shown as the net increase and questioned if that would be the real impact. It was discussed whether the actual SWSA increase would be the total 1,017 acres, even with the 681-acre removal since this area would not necessarily need public water and sewer. It was noted that Frederick Water has utilized the area proposed for removal in the past for capacity planning since it had a planned land use and was within the SWSA. Removing this area from the SWSA would increase the ability to plan for services in other areas. The Commission also stated that the areas shown with this adjustment have already been planned and identified for future development;this is not expanding the developable area of the County as these areas were anticipated with past NELUP efforts. This study is allowing the County to right size the SWSA with input from Frederick Water, it helps align infrastructure and land use planning. The Commission acknowledged that this coordinated study is a great step to plan for future land uses and the infrastructure needed to implement it. Ultimately, the Commission endorsed the SWSA adjustments and NELUP text as presented and forwarded the item to the Board of Supervisors for discussion. Staff Conclusion: This proposed SWSA adjustment for the NELUP is presented to the Board of Supervisors for discussion. The Planning Commission discussed this item at their October 7, 2020 meeting and endorsed the SWSA adjustments as presented. Staff is seeking direction from the Board of Supervisors as to whether these NELUP Plan amendments are ready to be sent forward for public hearing. Staff is seeking direction on the following: 123 Northeast Frederick Land Use Plan (NELUP) SWSA Boundary Study October 8, 2020 Page 5 1) Removal of 681.97-acres from the SWSA - areas that have a planned future land use but may not need access to public water and sewer. 2) Addition of 1,017.40-acres to the SWSA - areas with planned land uses but not currently within the SWSA. 3) Net change results in 335.43-acre addition to the SWSA. 4) Comments regarding the two areas with planned industrial and uses that are not included in Frederick Water's proposed SWSA boundary. (Not recommended for inclusion by the CPPC or the Planning Commission) Attachments • Map 1- Current NELUP and SWSA with proposed draft Frederick Water SWSA adjustments. • Map 2 - Identification of two areas with planned land uses outside the limits of the draft Frederick Water SWSA adjustment. • Draft text for the NELUP SWSA—to be added to Appendix I. • Frederick Water- Recommended SWSA Revisions in the Route 11 North Corridor. CEP/pd 124 Northeast Frederick Land Use Plan - SWSA Review Frederick Water Draft Recommendations I BERKELEY COUNTY WEST VIRGINIA 1 aa� i � A OArea Plans i Parcels �i ® �Urban DevelopmentArea Existing SWSA Proposed SWSA �i Future Route 37 Bypass Long Range Land Use _..__ Business -___� � `� � ••- 7 � c�eaa,00xes I Mixed Use Industrial/Office V Industrial Xn' Warehouse 11 Q.®Heavy Industrial Extractive Mining • ( Rl Community 1 `+�n�ri� Center Fire&Rescue /� �: i' �' / iw✓ ��� R-1 CC uni y �----�� ��� _ �� ��+��.���•" / CD Sensitive Natural Areas ' �,�� � ,������� �✓ Institutional 1 � 1 1 1 1 • BERKELEY 1 1 1 1 BERKELEY COUNTY COUNTY WESTVIRGINIA WEST VIRGINIA J o t� x near !' L erooxse B11 Rural Com ity r Pte\ swC. J �- com v cure, 0 0.4 0.8 1.6 Miles 125 Map Produced by Frederick County Planning and Development Dept. September 9,2020 Northeast Frederick Land Use Plan - SWSA Review Planned Land Uses Outside of Proposed Frederick Water SWSA it BERKELEY COUNTY WEST VIRGINIA , Area Plans i Parcels _ r J1, C:>Urban Development Area r Existing SWSA Proposed SWSA i Future Route 37 Bypass Long Range Land Use �; — i `" �`� !_,•___ ClearBrook�� '1 CD Business 1; �� W�RuralC rty o Mixed Use Industrial/Office CD Industrial Warehouse Heavy Industrial X1'/1 4, ��� - ,��++�7 Extractive Mining "I0 Rural Community Center 61 .1 Cnenaon Fire&Rescue Rural Commun l ensitive NaturalAreas S N r t� Aft 41 Institutional BERKELEY 1 ' 1 • 1 COUNTY WEST VIRGINIA i if j a Clear Brook s 811-1— �e irk MMkaurar commun,ry't I r' ,L\ ia6, Biephen ,� Com ry 4 < Cenrer ✓/� ~ `• 0 0.4 0.8 1.6 Miles 126 Map Produced by Frederick County Planning and Development Dept. September 9,2020 APPENDIX I—AREA PLANS NORTHEAST FREDERICK LAND USE PLAN NELUP - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS; • MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 • BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 • SEWER AND WATER SERVICE AREA STUDY Approved TBD SEWER AND WATER SERVICE AREA (SWSA) STUDY (Draft Text) The Sewer and Water Service Area (SWSA) as outlined in the 2035 Comprehensive Plan, serves as the boundary that designates the limits of where public water and sewer could be extended. Future planned land uses shown on the Northeast Frederick Land Use Plan Map recognize the importance of planning for the County's economic development goals by designating sufficient areas for future commercial and industrial uses. Including these planned areas within the boundary of the SWSA is key to ensuring they are recognized for their future development potential as well as their inclusion in infrastructure planning. The 2020 SWSA study reviewed the boundary limits for areas with adopted future planned land uses that are intended to further economic development goals and expanded the SWSA to include these key areas. The study also reduced the SWSA boundary for areas with a planned land use that support economic development but do not require public water and sewer. This SWSA boundary review also recognizes that Frederick Water has identified significant sanitary sewer infrastructure improvements that will be necessary to increase conveyance and treatment capacities to meet the demands of new development. While some improvements could be addressed on a case-by-case approach, other larger improvements may be necessary which will require significant investments. Participation and coordination by multiple property owners for infrastructure financing should be considered to address the more significant conveyance and treatment needs. More importantly, future rezoning applications in this area must adequality address any infrastructure needs and impacts. Properly sized and constructed sanitary sewer infrastructure improvements must be in place and operational to facilitate future development proposals. 127 FREDERICK WATER 315 Tasker Road PH(540)868-1061 Eric R.Lawrence Stephens City,Virginia 22655 Fax(540)868-1429 Executive Director www.FrederickWater.com MEMORANDUM TO: Candice Perkins, Assistant Director, Frederick County Planning Department FROM: Eric R. Lawrence, Executive Director, Frederick Water SUBJECT: Recommended SWSA Revisions in the Route 11 North Corridor DATE: September 16, 2020 During a Frederick County Board of Supervisors-Planning Commission work session on August 12, 2020, Frederick Water was tasked with reviewing the existing Sewer and Water Service Area (SWSA) boundaries and sewer demands and system capacities in the County's Route 11 North corridor, more specifically the area depicted in the County's Northeast Land Use Plan (NELUP). The catalyst for the review of the SWSA was a Comprehensive Policy Plan Amendment (CPPA) application to include the Waverly Farm property within the SWSA. The Board of Supervisors recognized that there may be sewer service challenges in the NELUP area and requested Frederick Water's recommendations for the NELUP-area SWSA boundary that incorporates the Waverly Farm and possibly other past unsuccessful CPPA requests. Frederick Water staff assembled a brief analysis of the sewer system capacities and projected future sewer demands, utilizing information captured in the 2017 Sanitary Sewer Master Plan. The analysis identified necessary sanitary sewer infrastructure improvements to meet future demands and recognized that the necessary improvements should be funded through property owner contributions as the improvements will facilitate economic development opportunities for the property owners. Revisions to the SWSA would enable additional property owners to contribute funding towards, and benefiting from, the improvements. Attached is a brief analysis and recommendations drafted to address the Board of Supervisors' request. The Frederick Water Planning Committee reviewed this SWSA request during their meeting on September 14, 2020, and forward their comments and recommendations for the Frederick Water Board of Director's consideration. On September 15, 2020, the Frederick Water Board of Directors forwarded a SWSA recommendation for the Board of Supervisors consideration; that recommendation is attached. Attachments: Support Materials and Recommended Revisions to the NELUP SWSA Water At Your Service 128 NELUP SWSA review by Frederick Water September 15, 2020 Task Review existing SWSA boundaries and sewer demands and system capacities. Propose new NELUP-area SWSA boundary that incorporates Waverly Farm and possibly other past unsuccessful CPPA requests. Provide an update on sewer demands, capacities, deficiencies, and remedies. Background The 2017 Sanitary Sewer Master Plan (SSMP) considered the planned land uses depicted in the County's 2035 Comprehensive Policy Plan (2035 CPP). The SSMP's Northern Service Region captured the 2035 CPP's Round Hill plan, Northeast Land Use Plan (NELUP), and a portion of planned land uses generally located north of Senseny Road. For today's SWSA review effort, we are looking at the NELUP area, generally north of the intersection of 1-81 and Martinsburg Pike (Rutherford Crossing shopping center area). The NELUP area is served by a series of sanitary sewer pump stations and forcemains,generally following the Martinsburg Pike (Route 11) corridor and flowing from the north to south. The Rest Church Road area is a lower elevation than the Rutherford Crossing shopping center area, therefore requiring pump stations and forcemains to convey sanitary sewer flows to the wastewater treatment plant-the Opequon Water Reclamation Facility(OWRF)- located on Berryville Pike (Route 7). The SSMP projects a future deficiency for sewer conveyance and treatment in the Northern Service Region. The most crucial limitations are related to the capacity in the common forcemain from the VDOT pump station, the overall pumping capacity of the Red Bud pump station, and the capacity of FWSA's Abrams Creek Interceptor. Through efforts already underway with the construction of the Stephenson Interceptor sewer, sewer conveyance will be re-routed away from the Red Bud pump station and the Abrams Creek Interceptor. The intent of the Stephenson Interceptor is to direct sanitary flows from the VDOT pump station, past Rutherford Crossing, to the Stephenson Regional pump station. The Stephenson Interceptor also captures sanitary sewer flows generated in Snowden Bridge and the new Graystone Business Park. The common eight-inch forcemain from the VDOT pump station is nearing capacity.The velocities in the forcemain when multiple pumps are pumping simultaneously are creating high headloss conditions. These conditions may exclude smaller pump stations from effectively pumping into the conveyance system. Smaller pump stations like Carroll Industrial Park, Hiatt Run, Rutherford Crossing, and Omps are challenged. With additional sanitary sewer flows redirected to the Stephenson Regional pump station, its planned pump station upgrades will need to be advanced in the near term. 129 Sanitary sewer flows in the NELUP area currently flow to the Opecluon Water Reclamation Facility (OWRF)for treatment. Treatment capacities at the plant are presently available to meet today's demands but will be insufficient to meet the long term demands of the built-out NELUP. Planned Land Uses and Projected Sanitary Sewer Demands The planned land uses of the NELUP were captured in the 2017 SSMP. There has not been significant development over the past 3 years within NELUP that would drastically impact the calculations. Some of the development that has occurred include the addition of Amazon and Handy Mart(Rest Church area), and a few restaurants and a hotel in Rutherford Crossing. Table 3.1 below shows the expected development by land use over the next 30 years, and it is broken down by the sewerage facilities most likely to directly receive the new development's flow. (2017 land use information extrapolated from 2035 CCP's NELUP) BreakdownTable 3.1 Land Use Growth Commercial (Ac.) Industrial (Ac.) Residential(Ac.) Total By Location Woodbine PS 322 782 1,104 VDOT PS 204 140 344 Stephenson Regional PS 389 389 Rutherford Crossing PS 58 531 589 Red Bud Run PS 30 383 38 451 130 The additional flows created by new development were computed using the available number of acres in three streamlined categories: commercial, industrial, and residential.The growth areas were the main focus in this calculation as they will create the greatest burden on the existing sewer system. A location- by-location breakdown of total increase in flow over the next 30 years can be seen in Table 3.2. Table 3.2 30-Year Projected Flow Increase Breakdown Location Flow Increase (MGD) Woodbine 1.73 VDOT 0.41 Stephenson Regional 1.95 Rutherford Crossing 1.19 Red Bud Run 0.91 The flows shown in Table 3.3 for the OWRF are only Frederick Water's flow contributions. It should be noted that the flow's 5-to 10-year growth projections for the OWRF exceed the current design. BreakdownTable 3.3 Growth Opequon Flow Contributions Current 5 Year 10 Year 15 Year 20 Year 30 Year Previous Total 2.900 2.900 4.964 7.238 8.560 10.108 Northern 1.646 1.096 1.322 1.374 0.316 Eastern 0.418 1.178 0.174 0.209 Running Totals 2.900 4.964 7.238 8.560 10.108 10.633 Flow Contributions Current 5 Year 10 Year 15 Year 20 Year 30 Year Previous Total 0.038 0.038 1.684 2.689 4.011 5.077 Northern Redirect 0.067 0.931 1.090 1.066 0.316 Stephenson 1.579 0.074 0.232 Running Totals 0.038 1.684 2.689 4.011 5.077 5.393 131 Sanitary Sewer System Analysis It is projected that the VDOT pump station could accommodate 100,000 GPD of additional sanitary sewer flows, but the increased headloss will significantly impact the abilities of the smaller downstream pump stations to inject their flows. SCADA improvements which link communication amongst the pump stations would improve the flow abilities and efficiencies.These SCADA improvements should increase the capacity of the pump stations to its previously designed maximum flow rate. The use of a SCADA system would reduce the occurrence of multiple pumps running simultaneously, reduce high pressure conditions, and help reduce flow spikes at the VDOT pump station. Once SCADA improvements are implemented, actual upgrades to the VDOT pump station and forcemain, and the Stephenson Regional pump station will be required to accommodate additional flows. Limitations at the Opequon Water Reclamation Facility(OWRF) will warrant its expansion and/or establishment of a new wastewater treatment facility in the northern region to meet sanitary sewer flow treatment. The 2017 SSMP projects that the new wastewater treatment plant will be needed within 10-20 years, dependent on development trends in the commercial/industrial sectors. The timeline for the sanitary sewer system upgrades will be driven by the pace of introduction of new sanitary sewer flows. Conveyance and treatment limitations in the NELUP area would suggest that low sanitary sewer generators are more desirable than heavy flow generators. New treatment technologies and the ability of industrial onsite pre-treatment may also create avenues for less stringent treatment requirements in the future, possibly minimizing discharge to the sanitary sewer system and enabling onsite pre-treatment to be discharged under VPDES permits. 132 Recommendations It is recommended that the SWSA boundary be adjusted to remove some areas from the SWSA when planned land uses clearly would not require Frederick Water's water and sanitary sewer services, and the addition of areas when planned land uses would require Frederick Water's water and sanitary sewer services. The recommendations also emphasize that private investment in sewer conveyance and treatment will be necessary to achieve the future planned land uses identified in the County's 2035 Comprehensive Plan's NELUP. The private investment may be facilitated via Grant-in-Aid agreements similar to that utilized to bring sanitary sewer to this area of the county in early 2000; private upfront investment for 15-year capacity reservations and perpetual sewer availability fee credits equal to the property owner's initial investment value. 1. SWSA revisions a. Removal of 681.97-acres from the SWSA. These land areas are identified for future planned extractive mining land uses. b. Addition of 1,017.40-acres to the SWSA. These land areas are identified for future planned business and industrial land uses. These recommended SWSA-additions were previously unsuccessful property owner initiated Comprehensive Policy Plan Amendments (CPPAs). c. Net change results in 335.43-acre addition to the SWSA. 2. Sewer Conveyance Improvements (0-10 years) a. Add SCADA to all pump stations serving the NELUP area. Estimated at$20,000 per pump station. b. Upgrade the VDOT sanitary sewer pump station to accommodate 2.250MGD flows. Estimated at$2,100,000. c. Upgrade forcemain downstream of VDOT pump station past Rutherford Crossing shopping center. Estimated at$2,000,000. d. Upgrade the Stephenson Regional sanitary sewer pump station.This upgrade should increase the capacity of the pump station to its previously designed maximum flow rate. Estimated at$300,000. 3. Wastewater Treatment capacity expansion (10-20 years) a. Expand OWRF or construction a new wastewater treatment plant in NELUP to increase treatment capacity. Size the additional treatment capacity at 6 MGD, possibly an initial phase of 2 MGD. Estimated at$50,000,000 133 APPENDIX I - AREA PLANS FREDERICK WATER RECOMMENDATION 9/ 15/2020 NORTHEAST FREDERICK LAND USE PLAN NELUP - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS; • MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 • BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 • SWSA ADJUSTMENT AMENDMENT Approved by the Board of Supervisors on XXXXXX XX, 202x The Northeast Frederick Land Use Plan, NELUP, was approved by the Board of Supervisors on July 14th, 2011. At that time, the series of four maps detailing the Plan were approved. Text describing the Plan was not included. Subsequently, the two amendments to this plan noted above have included a text component. The text component of the plan follows. Northeast Land Use Plan 1 134 APPENDIX I - AREA PLANS MCCANN-SLAUGHTER AMENDMENT (BOS APPROVED AUGUST 13, 2014) The Comprehensive Plans and Programs Committee (CPPC), at their April 14, 2014 meeting, recommended that the following amendment be incorporated into the Northeast Land Use Plan: The CPPC proposed the following balanced approach as an amendment to the Northeast Land Use Plan for the McCann-Slaughter properties located near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). This location has historically been identified as a Sensitive Natural Area (NSA) due to the environmental and historical features on and around the site, most notably Stephenson's Depot. • Protection of the environmental features of the site. • Preservation of those areas identified with NSA's and development limited to those areas to the south of the NSA's and south of McCann's Road. • Utilizing McCann's Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area). • An O.M. (Mixed Use Office/Industrial) land use designation. • Access to be provided via a new north south road that would generally be adjacent to the border of the Sensitive Natural Area (NSA) providing access from Old Charles Town Road to McCann's Lane and the southern portion of the property. Ultimately, Route 37 would divide the southern portion of the property. No access would be permitted to McCann's Lane for vehicular access to Martinsburg Pike or Milburn Road. Subsequently, the proposal was further evaluated to determine if other elements could be incorporated into the proposed amendment that would further ensure the environmental, historical, and development resources were protected, promoted, and sensitively integrated together in this balanced amendment to the Northeast Land Use Plan. To that end, the following items should be addressed with the future development of this area. • A buffer adjacent to McCann's lane that is approximately 50'in width (from the centerline). Contained within this area; native landscape plantings and preservation of the existing hedgerows aimed at Northeast Land Use Plan 2 135 APPENDIX I - AREA PLANS preserving this resource and its character, interpreting the historical landscape, and buffering the future development. • A transitional buffer between the existing floodplain and future land uses that promotes environmental best management practices and buffers the historical NSA from the future land uses (landscaping, building height transitions, view sheds). This buffer may include areas of the identified environmental resources. • The ability to include a small area of neighborhood commercial land use in support of the proposed OM land use. This would be located in the northern portion of the OM land use adjacent to the future road. • An interpretive trail head/parking area in the northern portion of this area adjacent to the proposed road could be incorporated into the design of the project, potentially in conjunction with a small area of neighborhood commercial. The interpretation may be reflective of the environmental and historical resources of the site and area. • The CPPC recommended the OM land use designation extends to the center of the stream. (A subsequent evaluation of this indicated it would be more appropriate to have the edge of the ultimate floodplain be the common boundary as a floodplain is, by definition in the 2030 Comprehensive Plan, an identified Sensitive Natural Area). • The location and design of the road should be sensitive to the environmental and historical resources and should have minimal impact. • Historical signage consistent with currently used signage should be provided. • Historically relevant features, such as split rail fences, should be considered as a feature of the future development. But care should be taken to ensure the character of the resource isn't changed. • Appropriate traffic controls should be provided on McCann's Lane to ensure that it is used only for pedestrian and bicycle users. In general, balance was maintained as the overarching theme of the discussion of the CPPC, and subsequently, the discussion of the ad-hoc CPPC/HRAB group. Northeast Land Use Plan 3 136 APPENDIX I - AREA PLANS BLAIN PROPERTIES AMENDMENT (BOS APPROVED FEBRUARY 25, 2015) Approved lanauaae: The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character. In general, the north-south major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses. Flexibility should be offered in the final balance and location of land uses. Future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. Northeast Land Use Plan 4 137 APPENDIX I - AREA PLANS SWSA ADJUSTMENT AMENDMENT (BOS APPROVED XXXXXXX XX, 202X) The Comprehensive Plans and Programs Committee (CPPC), at their XXXXX XX, 20XX meeting, recommended that the following SWSA adiustment and text be incorporated into the Northeast Land Use Plan: The SWSA within the Northeast Land Use Plan recognizes the importance of planning for economic development, properly designating planned land uses, and placing those sites within the SWSA as an indication that the county is supportive of properly planned economic development opportunities. Properties that had previously been designated with planned land uses to promoted economic development have been captured within the SWSA. Those properties that are designated with planned land uses that support economic development but do not require public water and sewer have been removed from the SWSA. The SWSA adjustment elevates the importance of access to public water and sewer for the underlying planned land uses to be realized. Significant sanitary sewer improvements will be necessary to increase conveyance and treatment capacities to meet the demands of new development. While some improvements may certainly be addressed on a case-by-case approach, other improvements will require significant investment. Consideration of multiple property owner involvement in infrastructure financing should be considered to address the more significant conveyance and treatment needs. More important, property owners realize that properly sized and constructed sanitary sewer infrastructure needs to be in place and operational to facilitate private site development. Northeast Land Use Plan 5 138 Long Range Land Use Extractive Mining Land Uses REMOVE 681.97 acres Fruit Hill Orchard ADD 153.65 acres Business The Interstate Orchard ADD 156.90 acres Waverly Farm ADD 174.64 acres -_-_� Community Centel Woodside ADD 532.21 acres Extractive Mining fj j Net Change to 5W5A=+335.43 acres ®Heavy Industrial Industrial ®Mixed Use Industrial/Office 0 Planned Unit Development Park Residential Sensitive Natural Area Warehouse /A M 0 r �l d/ 0.. Gak 0MMMA i Is FREDERICK WATER Proposed SWSA Adjustments Sewer/Water Service Area-Adjustments Sewer/Water Service Area-Current ®Extractive Mining Land Uses S Fruit Hill Orchard The Interstate Orchard OWaverly Farm Woodside ` N i "r ' WE S Date:9/152020 5 :Esri, ER ,�armin,USGS,Interm p,INC E�ENT Pt RCan,Esri Japan,METI,Esri China (Hong Kong),Esri Korea,Esri(Thailand),NOCC,(c)OpenS.treetMa�contributors,and the GIS User 139 Community i FREDERICK WATER New SWSA Boundary 6 i New SWSA '$r Sources:Esri,HERE,Gana in,USGS,In[ S Date:9/15/2020 (Hong Kong),Esri Korea,Esri(Thailand)NGCC,(c)OpenStreetMap contributors,and the GIS User 140 Community FREDERICK WATER New SWSA Boundary Current Sewer Infrastructure N //Woodbine New SWSA �/ P5 Sewer Gravity Main Sewer Force Main Sewer Pump Station N W*` F S Date:9/15/2020 / 'Ps Clearbrook Park Sewer Pump Station d, r` Ps VDO/Rest'Area I-81 Ps Yardmaster Court Carroll Industrial Park / Ps Welltown Rd/Tyson Dr. Ps Hiatt,Run Pump Station /Ps ////�/ / Rutherford Crossing Sewer Pump'Station PS Ps J&/// K!Investment,Pump,Station Ps Omps Rail.War�e / Stephenson Regional Sewer Pump Station PSA� .a.. Red Bud Run Pump Station Ell r* Sources:Esri, ERE,Garmin,US/GS,Intermap,INCREMENT P,NRCan,Esri Japan,METI,Esri China (H'• g Kong),Esri Korea,Esri(T ailand),NGCC,(c)OpenStree ap contributors,and the GIS User .�41 T' Community APPENDIX I - AREA PLANS NORTHEAST FREDERICK LAND USE PLAN NELUP - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS; • MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 • BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 The Northeast Frederick Land Use Plan, NELUP, was approved by the Board of Supervisors on July 14th, 2011. At that time, the series of four maps detailing the Plan were approved. Text describing the Plan was not included. Subsequently, the two amendments to this plan noted above have included a text component. The text component of the plan follows. Northeast Land Use Plan 1 142 APPENDIX I - AREA PLANS MCCANN-SLAUGHTER AMENDMENT (BOS APPROVED AUGUST 13, 2014) The Comprehensive Plans and Programs Committee (CPPC), at their April 14, 2014 meeting, recommended that the following amendment be incorporated into the Northeast Land Use Plan: The CPPC proposed the following balanced approach as an amendment to the Northeast Land Use Plan for the McCann-Slaughter properties located near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). This location has historically been identified as a Sensitive Natural Area (NSA) due to the environmental and historical features on and around the site, most notably Stephenson's Depot. • Protection of the environmental features of the site. • Preservation of those areas identified with NSA's and development limited to those areas to the south of the NSA's and south of McCann's Road. • Utilizing McCann's Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area). • An O.M. (Mixed Use Office/Industrial) land use designation. • Access to be provided via a new north south road that would generally be adjacent to the border of the Sensitive Natural Area (NSA) providing access from Old Charles Town Road to McCann's Lane and the southern portion of the property. Ultimately, Route 37 would divide the southern portion of the property. No access would be permitted to McCann's Lane for vehicular access to Martinsburg Pike or Milburn Road. Subsequently, the proposal was further evaluated to determine if other elements could be incorporated into the proposed amendment that would further ensure the environmental, historical, and development resources were protected, promoted, and sensitively integrated together in this balanced amendment to the Northeast Land Use Plan. To that end, the following items should be addressed with the future development of this area. • A buffer adjacent to McCann's lane that is approximately 50'in width (from the centerline). Contained within this area; native landscape plantings and preservation of the existing hedgerows aimed at Northeast Land Use Plan 2 143 APPENDIX I - AREA PLANS preserving this resource and its character, interpreting the historical landscape, and buffering the future development. • A transitional buffer between the existing floodplain and future land uses that promotes environmental best management practices and buffers the historical NSA from the future land uses (landscaping, building height transitions, view sheds). This buffer may include areas of the identified environmental resources. • The ability to include a small area of neighborhood commercial land use in support of the proposed OM land use. This would be located in the northern portion of the OM land use adjacent to the future road. • An interpretive trail head/parking area in the northern portion of this area adjacent to the proposed road could be incorporated into the design of the project, potentially in conjunction with a small area of neighborhood commercial. The interpretation may be reflective of the environmental and historical resources of the site and area. • The CPPC recommended the OM land use designation extends to the center of the stream. (A subsequent evaluation of this indicated it would be more appropriate to have the edge of the ultimate floodplain be the common boundary as a floodplain is, by definition in the 2030 Comprehensive Plan, an identified Sensitive Natural Area). • The location and design of the road should be sensitive to the environmental and historical resources and should have minimal impact. • Historical signage consistent with currently used signage should be provided. • Historically relevant features, such as split rail fences, should be considered as a feature of the future development. But care should be taken to ensure the character of the resource isn't changed. • Appropriate traffic controls should be provided on McCann's Lane to ensure that it is used only for pedestrian and bicycle users. In general, balance was maintained as the overarching theme of the discussion of the CPPC, and subsequently, the discussion of the ad-hoc CPPC/HRAB group. Northeast Land Use Plan 3 144 APPENDIX I - AREA PLANS BLAIN PROPERTIES AMENDMENT (BOS APPROVED FEBRUARY 25, 2015) Approved lanauaae: The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character. In general, the north-south major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses. Flexibility should be offered in the final balance and location of land uses. Future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. Northeast Land Use Plan 4 145 © Existing Elementary . Existing High School 19 Future Elementary oFuture Park � Eastern Road Plan • \�• %` New Major Arterial ' Improved Major Arterial •+\�• New Minor Arterial -V I 00111-�Improved Minor Arterial } +�} New Major Collector Improved Major Collector •^��• New Minor Collector /'_ ♦�Improved Minor Collector �•n, Ramp Ar, Roundabout �\ Trails /� }F ���;I•,•�'k �r � � 3 �\ 6 S' Brook �: ro wn — \i1 /H ` Rural Co iiiiiy 665 i � G G ® , o i �:� ® ', Rurai Community �� 9 �r �NNIM/ -- i sT VFW- 661 , p • � 661 is • l • �e City Of Winchester a , 00Area Plan \ _ �'• Northeast • �•� Urban Development Area Sewer and Water Service Area '`O,Future Rt 37 Bypass • Use Plan Land Use Legend OBusiness ®Heavy Industrial Urban Center •Sensitive Natural Areas N SGS?`=COO ®Mixed-Use ®Mixed Use Industrial\Office Neighborhood Village Fire&Rescue4, Mixed Use Commercial\Office •Extractive Mining ® OM Institutional Commercial Recreation Highway Commercial O Residential Recreation School S -Industrial 440 Planned Unit Development Natural Resources&RecreationRural Community Center ®Warehouse ;JZD Park 2035 Comprehensive Policy Plan Man 0 0.25 0.5 1 1.5 Miles Adopted January 25,20:146 i I I I � � , sse mow,,,• /•F 4 Cf..,eroox s erJ erowa '' ` Rural Communi 665 73, � r Stephenson ' Rural Commonrry Aot 37 l• z� • :r • V�, City of Winchester Area Plan Northeast Frederick Land Use Plan Urban Development Area Sewer and Water Service Area '-`• ;.Future Rt 37 Bypass Trans• • . • . • Ck.�o •*'%,*New Major Arterial *'..#New Major Collector 0'%.# N,i Ramp 0'4*.i Improved Major Arterial 0*%.o Improved Major Collector Roundabout 1%*New Minor Arterial New Minor Collector Trails s *'%.I Improved Minor Arterial Improved Minor Collector 2035 Comprehensive Policy Plan Map 0 0.25 0.5 1 Miles Adopted January 25,20:147 r I i O ( _ J n '( 0— CT)o Cf—Brook s er4iteem— Rural C..—I 6102 A[er e` b .12 CH V A B f ` y•a C.,v �^m w 4`` OO. Stephenson Rural Community . Cen[er 37 659 • , i• ••• • • • Y • ••, • _ � - �•- City of Winchester •••'• NortheastArea Plan - • - • Use Plan Urban Development Area Sewer and Water Service Area Transportation Map - Lane Divides Proposed Lane Divides Noy, �04 Lane Limited Access w/ CD Lanes (if required) we 1'x, g.a, 6 Lane Divided s 4 Lane Divided 2035 Comprehensive Policy Plan Map 0 0.25 0.5 1 Miles Adopted January 25,20:148 i I i F% s Y — / J. / r- _ 61 CT) Cl-Brook&8 B- eYo wn Rural Comm<ini(y Ocenter ....r..... 672 _ GC16, SfePhen Rural Com unity - 37 !I 1111\ -.j♦ \\I\\\ �<-._. "moo.,. ..• ��`-� \\\\\\ kyr - I♦ I♦�, `•• ••• / •.. �V, City of Winchester •,• Area Plan Northeast Frederick Land Use Plan Community Facilities Natural o- f • Recreational Urban Development Area Sewer and Water Service Area -\__.;Future Rt 37 Bypass Resources Plan Facilities Future Elementary Community Facilities Park Existing Elementary Elementary School Future Park v Future Elementary School water Resources Area (SDI Future Park WExisting High School g ///,Middle School O Natural Resource&Recreation Areas High School •Sensitive Natural Areas g /�+ %;� Fire&Rescue Station ��Rural Community Center 2035 Comprehensive Policy Pian Map 0 0.25 0.5 1 Miles Adopted January 25,20149