September 23 2020 Regular Meeting Minutes 80
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.
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Board of Supervisors Regular Meeting of September 23, 2020
County of Frederick, Virginia
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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 September9 2020-CONSENT AGENDA APPROVAL
- Code and Ordinance Committee Report of September 14, 2020-CONSENT AGENDA APPROVAL,
Appendix 7
- Finance Committee Report of September 16,2020 -CONSENT AGENDA APPROVAL,Appendix 2
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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
I
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.
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Board of Supervisors Regular Meeting of September 23, 2020
County of Frederick, Virginio
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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.K 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
Judith McCann-Slaughter Aye
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Board of Supervisors Regular Meeting of September 23, 2020
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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 j
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.
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PLANNING COMMISSION BUSINESS— PUBLIC HEARINGS
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Board of Supervisors Regular Meeting of September 23, 2020
County of Frederick, Virginia
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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 dumber 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
ORDINANCE
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Board of Supervisors Regular Meeting of September 23,2014
County of Frederick, Virginia
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CONDITIONAL USE PERMIT 410-20
HANSHOLTHAUS
PUBLIC GARAGE WITHOUT BODY REPAIR
WHEREAS, Conditional Use Permit #10-20 for Hans Ho€thaus, 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 Conunission 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 acid 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.
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6_ Any expansion or change of use shall require a new Conditional Use Permit.
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1
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
approximately 1,160.5-acres. He said the properties are generally located along Passage Road
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Board of Supervisors Regular Meeting of September 23, 2024
County of Frederick, Virginia
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(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
property values as well as the aggressive nature of solar farms coming into the County. He asked
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Board of Supervisors Regular Meeting of September 23, 2020
County of Frederick, Virginia
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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 stili 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.
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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
been part of the proposal's review.
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Board of Supervisors Regular Meeting of September 23, 1020
County of Frederick, Virginia
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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 905-20 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 ]-12 (inclusive)in the Springdale Glen Subdivision and lots 1-52(inclusive)in the
Carrolton Estates Subdivision and in the Back Creek and Opequon Magisterial Districts;and
WHEREAS, the Frederick County Planning Cornrnission held a public hearing on this Conditional Use
Permit on September 2,2020 and recommended approval with conditions;and,
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Board of Supervisors Regular Meeting of September 23,2020
County of Frederick, Virginia
89
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 pernvtted 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
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.
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Board of Supervisors Regular Meeting of September 23, 2020
County of Frederick, Virginia
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1 1. 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 CUA.
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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 131 (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 131, 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.
Chairman DeHaven closed the public hearing.
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Board of Supervisors Regular Meeting of September 13, 1010
County of Frederick, Virginia
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Supervisor McCarthy moved for adoption of the ordinance amending Chapter 165,
Article I and Article VI Adult Day-Care. Supervisor Duan seconded the motion which carried on a
recorded vote as follows;
Maine P. Dunn Aye Gene E. Fisher Aye
Shawn L. Graber Aye Robert Vti'.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven,Jr, Aye
Judith McCann-Slaughter Aye
AN ORDINANCE AM TNDIN43
THE FREDERICK COUN'T'Y 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 BI
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 B 1 (Neighborhood Business)District,B2
(General Business)District,and the OM(Office-Manufacturing)District.
WHEREAS,the Planning Conu-nission 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 A2.Definitions and word usage,Day-Care Facility to
include the"care,protection and guidance of adults in addition to children"and to modify ARTICLE VI
—Business and Industrial Zoning Districts;Part 602 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-
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Board of Supervisors Regular Meeting of September 23, 2020
County of Frederick, Virginia
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Manufacturing Park District, §165-605.03. Secondary or accessory uses to include"Day-Care Facility".
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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.
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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.
Supervisor McCarthy thanked everyone who supported the Reynolds Store Fire Company
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Board of Supervisors Regular Meeting of September 23, 2020
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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,
Charles S. DeHaven, Jr. Kris C.Tierney
Chairman, Board of Supervisors Clerk, Board of Supervisors
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
it
Minute Book 46
Board of Supervisors Regular Meeting of September 23, 1010
County of Frederick, Virginia
94
Board Of Supervisors Minutes of September 23, 2020 - Appendix 1
CODE &ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday,September 14,2020
4:00 pan.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
ATTENDEES:
Committee Members Present: J. Douglas McCarthy, Chair;Blaine P. Dunn;
Stephen Butler,and James Drown
Comrnittee Members Absent: Derek Aston
Staff Present: Roderick B.Williams, County Attorney;Jay E.Tibbs,Deputy County
Administrator
ITEMS FOR BOARD OF SUPERVISORS ACTION:
1. Proposed Revision to Frederick County Code, Chapter 158 (Vehicles and
Traffic), to add new Section 155-18.1, to designate the roads and streets
within the Lake Frederick ('Shenandoah) Subdivision as highways for law
enforcement purposes.
Mr. Williams reviewed the proposed revision,which came as a request from the Lake
Frederick Homeowners Association. The proposed ordinance would designate the private
roads and streets in the Lake Frederick (Shenandoah) Subdivision as highways for law
enforcement purposes,consistent with the authorization under Virginia Code 546.2-1307.
The language is similar to that currently in the county code relative to Shawneeland,Wilde
Acres,and Lake Holiday subdivisions. The proposed ordinance was considered by the
Public Safety Committee and the Committee referred it to the Code&Ordinance
Committee with a recommendation of approval.
Upon a motion by Mr. Dunn, seconded by Mr. Butler, the Code and Ordinance
Committee forwarded the proposed ordinance amendment to the Board of Supervisors for
public hearing with a recommendation of approval. The motion was unanimously
approved.
2. Proposed revision to Frederick County Code, Chapter 86 (Festivals).
Mr. Williams reviewed the proposed revision to Chapter 86 Festivals. He noted staff had
worked over the past several months in an effort to have the ordinance best meet the
objective of effectively regulating large outdoor gatherings and,at the same time, best relate
to corresponding provisions of the Zoning Ordinance. He noted the key changes which
included a revised definition, permit would accommodate one-time events,and the revision
would shift administration of the ordinance from County Administration to the Planning
Department.
Minute Book 46
Board of Supervisors Regular Meeting of September 23, 2020
Counter of Frederick, Virginia
95
The Conm-nittee discussed the revised definition and what types of events/organizations
might need a permit under the revised ordinance. They also discussed the current Zoning
Ordinance and what protections currently exist that might address many of the issues that
could arise if the existing festival permit ordinance were to be repealed.
Upon a motion by Mr. Drown, seconded by Mr. Butler, the Code and Ordinance
Committee forwarded to the Board of Supervisors for public hearing a recommendation of
repeal of Chapter 86 (Festivals). The motion was unanimously approved
ITEMS FOR BOARD OF SUPERVISORS INFORMATION:
Mr. Dunn asked for the committee's consideration of a"bubble" ordinance to protect
police and political candidates from individuals getting extremely close to their person or
face and shouting obscenities. The Committee felt this was more of a state law issue and
they were not sure the County could pass its own ordinance.
There being no further business, the meeting was adjourned at 4:50 p.m.
Minute Book 45
Board of Supervisors Regular Meeting of September 13,2020
County of Frederick, Virginia
96
Board Of Supervisors Minutes of September 23, 2020 - Appendix 2
FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday,September 16, 2020
8:00 a.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
A Finance Committee meeting was held in the Board of Supervisors Room at 107 North Kent Street on
Wednesday,September 16,2020 at 8:00 a.m.
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven;Jeffrey
Boppe;Angela Rudolph-Wiseman;and non-voting liaisons William Orndoff,Treasurer and Seth
Thatcher, Commissioner of the Revenue.
Committee Member Absent: Robert Wells.
Staff present: Cheryl Shiffler, Finance Director; Kris Tierney, County Administrator;Jay Tibbs,
Deputy County Administrator; Rod Williams,County Attorney;Steve Hawkins,Sheriff Major;
Aleck Beeman,Sheriff Captain;and Jason Robertson, Parks&Rec Director,
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
(J)Items 3 and 4 were approved under consent agenda.
1. The Sheriff requests a General Fund supplemental appropriation in the amount of$20,559.80.
This amount represents the sale of surplus and will be used towards the purchase of a new
cruiser($13,409.23)and a building at the impound lot($7,150.57). No local funds required.
This request was tabled last month pending yearend information. See attached information,
p. 3-4. The committee recommends approval.
2. The Sheriff requests a General Fund supplemental appropriation in the amount of$45,020.68
to purchase a building for the impound lot. Of this amount$5,000 is a donation received and
$40,020.68 is a carry forward of unspent insurance proceeds from damage to a tent in 2018.
See attached information, p. 5-7. The committee recommends approval.
3. ( )The Sheriff requests a General Fund supplemental appropriation in the amount of
$2,726.26. This amount represents reimbursement from an auto claim to be used for vehicle
repair. No local funds required. See attached memo, p, 8- 10.
4. ( }The Parks& Recreation Director requests a General Fund supplemental appropriation in
the amount of$152,890. This amount represents a carry forward of unspent funds for the
Minute Book 46
Board of Supervisors Regular Meeting of September 13,1010
County of Frederick, Virginia
97
completion of construction documents for Old Charlestown Road Park. See attached
memo, p, 11,
NO ACTION REQURED:
I. The Finance Director provides information on the Sheriff's overtime. See attached, p. 12-17.
2. The Finance Director presented FY 2020 Year End financial information and requests a public
hearing for a General Fund and County Capital Fund supplemental appropriation in the amount
of$9,800,000. This amount represents General Fund fund balance in excess of 20%to be
transferred to the Capita! Fund. See attached information, p. 18-33. The committee
recommends advertising for public hearing and reached consensus to proceed cautiously on
FY21 budget items that were on hold pending yearend information.
INFORMATION ONLY:
1. The Finance Director provides a Fund 10 Transfer Report for August 2020. See attached,
p.34.
2, The Finance Director provides financial statements ending August 31, 2020. See attached,
p.35-45.
3. The Finance Director provides an FY 2020 Fund 'Balance Report ending September 10,2020.
See attached, p.46.
4. The FY20 year-end open purchase orders have been provided by the County and the Schools.
See attachments, p.47-56.
i
Respectfully submitted,
FINANCE COMMITTEE
Judith McCann-Slaughter,Chairman
Charles DeHaven
Jeffrey Boppe
Angela Rudolph-Wiseman
By Chea;yL B. 5 f�les�
Cheryl B.Shiffler, Finance Director
Minute Book 46
Board of Supervisors Regular Meeting of September 23,2020
County of Frederick, Virginia