HomeMy WebLinkAboutMarch 8 2023 Regular Meeting Minutes 239
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 8, 2023
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn, Vice Chairman; Robert
W. Wells; Judith McCann-Slaughter; Shawn L. Graber; and Josh E. Ludwig were present. The Gainesboro
District seat is currently vacant.
Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator;
Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning
Director; John Bishop, Assistant Director of Planning; Tyler Klein, Senior Planner; Bill Orndoff, Treasurer;
Seth Thatcher, Commissioner of the Revenue; Scott Varner, Director of Information Technologies; 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
Vice Chairman Dunn delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Dunn led the Pledge of Allegiance.
ADOPTION OF AGENDA-APPROVED
The proposed agenda was adopted on a motion by Supervisor Slaughter, seconded by Supervisor
Graber, and carrying on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
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(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
CITIZEN COMMENTS
Miles Adkins, Shawnee District resident and School Board member, advocated for the School
Board budget to be funded as requested.
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ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Wells moved for the adoption of the consent agenda as presented. Supervisor Graber
seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
Approval of Work Session Minutes of February 22, 2023 -CONSENT AGENDA APPROVAL
Approval of Regular Meeting Minutes of February 22, 2023 - CONSENT AGENDA APPROVAL
-Approval of Work Session Minutes of March 1, 2023 - CONSENT AGENDA APPROVAL
Acceptance of Transportation Committee Report of February 27, 2023 - CONSENT AGENDAAPPROVAL,
Appendix 1
Acceptance of Public Works Committee Report of February 28, 2023 -CONSENT AGENDAAPPROVAL,
Appendix 2
-Approval of Request for Refund DRB Group West Virginia LLC-$18,002.85 -CONSENT AGENDA APPROVAL
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BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn noted his appreciation that we live in a free country.
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COUNTY OFFICIALS - None
APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None
COMMITTEE BUSINESS—TRANSPORTATION COMMITTEE
RENAISSANCE DRIVE PROJECT -AUTHORIZED TO PROCEED
On motion of Supervisor Dunn, seconded by Supervisor Slaughter, the Board authorized staff to
award the Renaissance Drive project to the lowest bidder, W-L Construction and Paving, Inc., at
$2,876,311.64-unit rate and to proceed with the project. The motion carried on a voice vote.
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PUBLIC HEARINGS (NON PLANNING ISSUES)
THE COUNTY OF FREDERICK PROPOSES TO INCREASE PROPERTY TAX LEVIES.
Chairman DeHaven referenced the recent reassessment and opened the public comment period.
The speakers were as follows:
Mollie Brannon, Back Creek District, spoke in opposition to a higher real estate tax because of other
rising expenses to residents.
Richard Kennedy, Shawnee District, spoke in favor of retaining the real estate tax rate of$0.61 per
$100 of assessed value citing a need to maintain services.
Jodi Yeggy, Red Bud District, referenced the expense of the upcoming special election saying that
the $28,000 would not have been spent if the Board had appointed a new member rather than request an
election. She said that by supporting a lower revenue-neutral tax rate, the new Board member and the
Gainesboro residents were being denied a voice in the decision on the tax rate.
Sonia Marfatia-Goode, Back Creek District, spoke in favor of retaining the current tax rate saying
that with a growing need for services, the revenue-neutral tax rate should not even be an option.
Chairman DeHaven closed the public comment period.
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
REZONING #01-23 FOR CAR CREDIT NATION (1467, LLC.)—APPROVED
Senior Planner Tyler Klein provided background on the application to rezone +/- 1.345-acres from RA
(Rural Areas) District to B2 (General Business) District on a property totaling +/- 3.96-acres with proffers to
allow for the expansion of an automotive dealership at 1467 Front Royal Pike in the Shawnee Magisterial
District. He said the proffer statement restricts the use of the property to "automotive dealer" and "general
business office;" no other uses are proposed on the property, and the proposed rezoning does not include
the "mix of uses"envisioned by the Urban Center designation in the Comprehensive Plan.
Chairman DeHaven opened the public comment period.
There were no speakers.
Chairman DeHaven closed the public comment period.
Supervisor Ludwig moved for approval of Rezoning 01-23. Supervisor Wells seconded the motion
which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W.Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING#01-23 FOR CAR CREDIT NATION(1467,LLC)
WHEREAS, REZONING#01-23 for Car Credit Nation(1467, LLC) submitted to rezone approximately+/- 1.345-acres
from RA(Rural Areas)Zoning District to the B2 (General Business)Zoning District on a property totaling+/-3.96-acres
with proffers to allow for the expansion of an automotive dealership. The property is located at 1467 Front Royal Pike,
Winchester,and is identified by Property Identification Number(PIN)76-A-4 in the Shawnee Magisterial District;and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on February 15,
2023,and recommended approval;and
WHEREAS,the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular
meeting on March 8,2023; and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest
of the public health,safety,and welfare.
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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 District Map to rezone+/- 1.345-acres from RA(Rural
Areas) Zoning District to the B2 (General Business) Zoning District on a property totaling +/- 3.96-acres with proffers
statement bearing the signature date June 10, 2022. The conditions voluntarily proffered in writing by the Applicant and
the Property Owner are attached.
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ORDINANCE SETTING FEES FOR DEVELOPMENT APPLICATIONS —APPROVED
Planning and Development Director Wyatt Pearson reviewed the draft Development Review Fee
Schedule as proposed by staff. He noted the changes included the following: 1.Implementation of fees
associated with permitting of Short-Term Lodging; 2.Reduction of bond management fees for replacement of
bonds from $500 to $300; and 3.Postponement of public meeting or public hearing by applicant after the item
has been advertised requiring a fee increase from $500 to $750 to reflect the actual cost of re-advertisement
more accurately.
Chairman DeHaven opened the public comment period.
There were no speakers.
Chairman DeHaven closed the public comment period.
Supervisor Slaughter moved for approval of the proposed Development Review Fee schedule. Vice
Chairman Dunn seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W.Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
RESOLUTION
ADOPTING AN ORDINANCE REVISING THE FREDERICK COUNTY DEVELOPMENT REVIEW FEES
WHEREAS,upon consideration of the adoption of the Frederick County Development Review Fees schedule as an
uncodified ordinance;and
WHEREAS,the Planning Commission held a public hearing on the changes at their regularly scheduled meeting on
February 15,2023,and agreed with the changes and recommended approval;and
WHEREAS, the Board of Supervisors held a public hearing on the changes at their regularly scheduled meeting on
March 8,2023, and;
WHEREAS,the Frederick County Board of Supervisors finds it appropriate and in the public necessity,convenience,
general welfare, and good zoning practice,to regularly review and set fees for development applications;and
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NOW, THEREFORE, BE IT ORDAINED THAT the Frederick County Board of Supervisors adopts the attached
Development Review Fee schedule.
The revised fee schedule is found on the following page.
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FREDERICK COUNTY DEVELOPMENT REVIEW ADMINISTRATIVE TOWERS PER 165-204.19
Up to five facilities/structures $100
Each additional facility $50
COMPREHENSIVE PLAN AMENDMENT Small Cell Facilities $50
$3,000non-refundable Co-location on an existing wireless structure$50
REZONING SITE PLAN
$1,000—Proffer amendments not requiring a public Nan-residential: $2,500 base
hearing
$5,000 base+$100/acre—2 acres or less $200/acre to 5 acres
$10,000 base+$100/acre $100/acre over 5 acres
More than 2,less than 150
$10,000 base+$100/acre first 150 Residential: $3,500 base
$300/unit to 20 units
+$50/acre over 150 acres
$100/unit over 20 units
SUBDIVISION Minor Site Plan $500 for revision that increases existing
Non-Residential $1,000 base structure area by 20%or less&does not exceed 10,000sf
Design Plan $200/lot of disturbed area.
Plat $100/lot
Residential(RP,R4,R5) POSTPONEMENT of any Public Hearing or Public
Design Plan $2,500/base$100/lot Meeting by Applicant after Advertisement, to include
Plat $200/lot to 50 lots Applicant requests to TABLE an agenda item
$100/lot over 50 lots $750/occurrence.
Rural Areas(RA)
Sketch(Design) $2,500 base$200/acre THIRD�SUBSEQUENT PLAN REVIEWS
Plat $200/lot (including County Attorney review) for a single
Rural Areas(RA) development application $ 500/review.
Minor — 3 lots or less $200/lot BOND MANAGEMENT
Lot Consolidation $200/lot Establishment of bond $500
Boundary Line Adj. $200/lot Reduction/Release $300
VARIANCE $400 Replacement $300
BZA APPEAL $250 TDR PROGRAM
TDR Application Review $300
ZONING CERTIFICATION LETTER $250 (*Review includes TDR Letter of Intent)
TDR Certificate $200
ZONING DETERMINATION LETTER $100 Certificate Ownership Transfer $50
Receiving Property Approval $200
SUBDIVISION ORDINANCE Review of Sending Property
EXCEPTION $500 Deed Covenant $100
Review of Deed of Transfer(Extinguishment Document)
MASTER DEVELOPMENT PLAN $100
$ 3,000 base+$100/acre for first 150
+$50/acre over 150 acres CHAPTER 161 FEES
Installation License $300
CONDITIONAL USE PERMIT Septic Haulers Permit $200
Cottage Occupation $75 Residential Pump and Haul $50
Telecommunication Tower greater Commercial Pump and Haul $500
than 50-FT in height $750
Other $750 SHORT-TERM LODGING(STL)
Permit $200
STL Permit Renewals $100
FEE SCHEDULE (Revised 03/08/23)
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Board of Supervisors Regular Meeting of March 8,2023
County of Frederick Virginia
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246
ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE: REVISION TO AMEND THE
OM (OFFICE-MANUFACTURING) PARK DISTRICT—APPROVED
Senior Planner Tyler Klein provided background on the proposal to amend the OM (Office-
Manufacturing) Park District to address stated concerns regarding the implementation of the zoning district,
to better implement the Economic Development Authority's (EDA) target industries, and to remove the link
between OM District (zoning) and the mixed-use industrial office (MUIO) land-use designation in the
Comprehensive Plan. He said this proposal includes amending the district name to "Technology-
Manufacturing Park District (TM)," adding additional permitted and secondary uses, and amending and
removing required district design standards. He added the proposed amendment would also create a greater
allowance for warehousing/distribution type uses accessory to a primary use.
Mr. Klein and the Board members discussed the height requirements and the proposed waiver.
Chairman DeHaven opened the public comment period.
Richard Till, Opequon District resident and Economic Development Authority Chairman, spoke in
favor of the amendment saying it will aid the effort to attract new businesses to the community.
Chairman DeHaven closed the public comment period.
Supervisor Slaughter moved for approval of the Ordinance Amendment to the Frederick County
Code - Revision to Amend the OM (Office-Manufacturing) Park District. Supervisor Wells seconded the
motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 165 ZONING ORDINANCE
CHAPTER 165-ZONING
ARTICLE 11
Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses
PART 201—Supplementary Use Regulations
§165-201.07.Outdoor lighting standards
PART 204 Additional Regulations for Specific Uses
§165-204.06.Flex-tech uses
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§165-204.12 Motor vehicle service uses,automotive repair shops and public garages
CHAPTER 165-ZONING
ARTICLE VI
Business and Industrial Zoning District
PART 605-OM Office-Manufacturing Park District
§165-402.02.Permitted Uses.
CHAPTER 165-ZONING
ARTICLE VIII
Development Plans and Approvals
PART 801—Master Development Plans
§165-801.03.Waivers.
WHEREAS,upon consideration of a proposal to amend Chapter 165—Zoning Ordinance OM(Office-Manufacturing)
Park District to address stated concerns regarding the implementation of zoning District, to better implement the
Economic Development Authority's target industries,and to remove the stated link between OM District(zoning)and
the mixed-use industrial office (MUIO) land-use designation in the Comprehensive Plan; and to change the district
name to Technology-Manufacturing(TM)Park District;and
WHEREAS,the Planning Commission held a public hearing on the ordinance amendment on February 15,2023,and
recommended approval of the ordinance amendment;and
WHEREAS,the Board of Supervisors held a public hearing on this ordinance amendment on March 8,2023,and;
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors that the ordinance to amend
Chapter 165 Zoning Ordinance OM(Office-Manufacturing) Park District to address stated concerns regarding the
implementation of zoning District,to better implement the Economic Development Authority's target industries,and
to remove the link between OM District(zoning)and the mixed-use industrial office(MUIO)land-use designation in
the Comprehensive Plan.
PART 605
1. TM Technology-Manufacturing District [Added
12-10-2008,Amended January 19, 20231
§ 165-605.01.Intent.
The TM District is designed to provide areas for Economic Development Authority (EDA) targeted
industries, data centers, offices, low-impact industrial, assembly, and manufacturing uses. Uses are
allowed which do not create significant noise beyond the property line,smoke,dust or other hazards. This
district shall be located in a business campus-like setting with direct access to major transportation
networks and/or rail facilities and areas where there is availability and/or close-proximity to overhead
electrical transmission lines. Buildings should include attractive architectural features utilizing high
quality building materials comparable to brick,stone,and glass.
2. § 165-605.02. Permitted uses. [Amended 11-18-2009; 12-11-2019; 1-19-20231
Permitted uses are as follows:
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Standard
Permitted Uses Industrial
Classification
(SIC)
Manufacturing as follows:
Dairy Products 202
Canned,frozen and preserved fruits,vegetables and 203
soup mixes
Bakery products 205
Sugar and confectionary products 206
Beverages 208
Miscellaneous food preparations and products, 209
excluding the following:
2091
Canned and cured fish and seafood Fresh or 2092
frozen fish and seafood
Furniture and related product manufacturing 25
Paperboard containers and boxes 265
Publishing industries 27
Pharmaceutical and medicine manufacturing 283
Rubber and miscellaneous plastics manufacturing 30
Excluding uses in italics:
Tires and inner tubes 3011
Fabricated metal products 34
Industrial and commercial machinery and computer 35
equipment manufacturing
Electronics and other electrical equipment and components 36
manufacturing
Aircraft and parts manufacturing 372
Guided Missiles, Space Vehicles, and Parts 376
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Measuring, analyzing and controlling instruments; 38
photographic,medical and optical goods; and watches
and clocks
Miscellaneous manufacturing industries 39
Communications 48
Depository Institutions 60
Nondepository credit institutions 61
Security and commodity brokers,dealers, exchanges, and 62
services
Insurance carriers and services 63-64
Real estate 65
Holding and other investment offices 67
Business services 73
Doctors offices and clinics 801-804
Medical and dental laboratories 807
Legal services 81
Vocational schools 824
Business associations 861
Standard Industrial
Permitted Uses Classification
(SIC)
Professional membership organizations 862
Labor unions and similar labor organizations 863
Engineering,accounting,research management,and related 87
services
Public administration 91-97
General business offices,including corporate,or other ---
offices not providing services to the general public on a
regular basis as the primary use
Public utilities -
Flex-Tech,provided that at least one of the individual -
user's uses is a permitted use in this section.
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Communication facilities and offices, including 48
telephone, telegraph, radio, television and other
communications
§ 165-605.03. Secondary or accessory uses. [Amended 11-18-2009; 1-19-20231
The following uses shall be permitted by right in the TM District but only in conjunction with and
secondary to a permitted principal use.All other uses not listed below,permitted by right only in
conjunction with and secondary to a permitted principal use,shall be in accordance with §165-201.05.
Secondary Uses Standard Industrial
Classification
(SIC)
Warehousing/Distribution up to 50% gross square footage (or
up to 75% gross square footage where
served directly by rail)
3. § 165-605.04.Design requirements.
A. Minimum size.No TM District rezoning shall be approved for less
than 10 contiguous acres.
(1) There shall be no minimum lot size.
(2) There shall be no minimum lot width or depth.
B. Development standards. The following standards shall apply in the
TM Park District:
(1) Any building facing road rights-of-way shall be faced on all sides with
durable,materials, including but not limited to painted two-tone pre-
cast concrete panels.
(2) Loading docks or loading entrances shall be completely screened from
view from public streets and adjoining properties by a six (6) foot tall
opaque fencing,masonry walls,berms or a double row of evergreen tree
plantings.
(3) Outdoor storage shall be limited to 35%of total lot area,be located outside
of front setbacks,and shall be in conformance with §165-201.10.
C. The maximum structural height for office buildings shall not exceed 90
feet;the height for all other uses shall be regulated by § 165-601.02
and §165-201.03.
]Added 11-18-20091
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D. The maximum structural height for automobile parking structures shall not
exceed 70 feet.]Added 11-18-20091
E. Properties utilizing the TM Park District zoning shall not be required to complete
a master development plan prior to
master development plan prior to submission of a site plan.
Zoning Ordinance
Article II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 201 Supplementary Use Regulations
165-201.03 Height limitations; exceptions.
(13)(4) nra(O ffiee na.,r„f etti itig) TM(Technology Manufacturing)
165-201.05 Secondary or accessory uses.
(F) TM(Technology Manufacturing)
165-201.07 Outdoor lighting standards.
(13)(3)STM(Technology-Manufacturing)to exception
165-201.08 Protection of Environmental Features
(A)nra(O ffi e 444+„f etH-;r n) TM(Technology Manufacturing)
165-201.10 Outdoor Storage and processing.
(A)(1)(a) TM(Technology Manufacturing)
Part 202 Off-Street Parking,Loading and Access
165-202.01 Off-street parking; parking lots.
(D)(1); (3)(a); (4);(13) ON4(O ffiee ra.nuf etu-ing) TM(Technology-Manufacturing)
165-202.03 Motor vehicle access.
(A)(2)OM TM(Technology Manufacturing)
Part 203 Buffers and Landscaping
165-203.02 Buffer and screening requirements.
(D)(1)(b); (2);(6); (9);&(10) GIM TM(Technology-Manufacturing)
Part 204 Additional Regulations for Specific Uses
165-204.06 Flex-tech uses.
(A)add TM(Technology-Manufacturing)to permitted uses list
165-204.11 Landfills,junkyards,trash disposal and inoperable motor vehicles and trailers.
(C)(1) TM(Technology Manufacturing)
165-204.12 Motor vehicle service uses,automotive repair shops and public garages.
(13)(1); (D) add TM(Technology-Manufacturing)to prohibited districts lists
165-204.29 Commercial recreation,indoor.
TM(Technology Manufacturing)
Article VI
Business and Industrial Zoning Districts
Part 601 Dimension and Intensity Requirements
165-601.02; add height waiver("*") to TM district
II„ .he N41 ara N4-2 P:,.,.-iets Lg4w-Board of Supervisors may waive the sixty-foot height limitation,
provided that it will not negatively impact adjacent uses. In order to consider the waiver,the applicant
must submit all information and adhere to requirements specified by § 165-204.28. In no case shall any
structure exceed 150 feet in height.
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Article VIII
Development Plans and Approvals
Part 801 Master Development Plans
165-801.02 When required.
(A) TM(Technology-Munu (rcfuring)
165-801.03 Waivers.
(B) Specify TM does not require MDP, consistent with proposed changes to section
165-801.05 Contents of master development plans.
(C) nr4 (04iee ra.,.,c ,.+ iFiiig) TM(TechnoloW-Munu (icturing)
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PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS
ORDINANCE AMENDMENT - SIGNS—SENT FORWARD TO PUBLIC HEARING
Senior Planner Tyler Klein provided background on the proposal to amend the sign ordinance to
implement changes because of the Reed v. Town of Gilbert ruling (Supreme Court of the United States). He
said the changes proposed will ensure content-neutral sign regulations and most of the sign standards (size,
height, number, location) remain unchanged. He noted one specific change in the sign standard is the
addition of "Sign, Multi-Tenant Frontage" which further clarifies how much wall area can be allocated for
signage for buildings with more than one tenant (for example strip retail centers). He concluded saying the
proposal was initiated by staff at the direction of the County Attorney.
Supervisor Graber and Mr. Klein discussed the requirements for electronic signs. Mr. Graber suggested
that an electronic sign being 100% of the sign area should be permitted and that the message display time
should not be overly regulated outside of driver safety issues.
Supervisor Ludwig said he was not in favor of over-regulation. He and Mr. Klein discussed how current
sign owners would be handled.
Supervisor Dunn agreed with Supervisor Graber's suggestions and moved to send the matter
forward to public hearing with the changes regarding electronic signage as suggested. Supervisor Slaughter
seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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RESOLUTION
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 165,ZONING ORDINANCE
CHAPTER 165-ZONING
ARTICLE I
General Provisions,Amendments,and Conditional Use Permits
Part 101—General Provisions
§165-101.02 Definitions&word usage
ARTICLE II
SUPPLEMENTARY USE REGULATIONS,PARKING,BUFFERS,AND REGULATIONS FOR SPECIFIC
USES
Part 201—Supplementary Use Regulations
§165-201.06 Signs
WHEREAS, upon consideration of a proposal to amend Chapter 165 Zoning Ordinance to implement changes to the
Sign Ordinance as a result of the Reed v. Town of Gilbert Supreme Court of the United States ruling ensuring content-
neutral sign regulations;and
WHEREAS,the Development Review and Regulation Committee(DRRC)reviewed the proposed changes at their
January 26,2023,regular meeting and supported the proposed changes;and
WHEREAS,the Frederick County Planning Commission discussed the proposed changes at their regularly scheduled
meeting on February 15,2023,and agreed with the proposed changes;
WHEREAS,the Frederick County Board of Supervisors discussed the proposed changes at their regularly scheduled
meeting on March 8,2023;and
WHEREAS,the Frederick County Board of Supervisors finds that it is in the public health,safety,general welfare,
and good zoning practice,to direct the Frederick County Planning Commission to hold a public hearing regarding an
amendment to Chapter 165—Zoning Ordinance;and
NOW,THEREFORE,BE IT REQUESTED by the Frederick County Board of Supervisors,that the Frederick County
Planning Commission shall hold a public hearing to consider changes to address Chapter 165 -Zoning Ordinance to
amend the Signs Ordinance.
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BOARD LIAISON REPORTS - None
CITIZEN COMMENTS
Mollie Brannon, Back Creek District, commented on remarks made by Vice Chairman Dunn at the
Board of Supervisors meeting on February 8, 2023.
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Robert Gallalee, Back Creek District, commented that zoning violations are not being addressed in an
even manner.
BOARD OF SUPERVISORS COMMENTS
Supervisor Graber commented on the School Board budget presentation made at an earlier meeting
saying there is an $18 million dollar or 23.5% increase from 2017 to 2023 which the student population has
increased by 420 students or 3.09%. He referenced remarks by a citizen earlier in the meeting and said that
he and Supervisor Ludwig did take the Gainesboro residents into account because the original discussion
about a revenue-neutral tax rate happened prior to the resignation of Supervisor Douglas McCarthy. He
discussed his concerns about video and audio recordings of recent meetings saying that in his opinion,
recordings have been edited and that things appear to have been changed after they were settled.
Supervisor Ludwig said he supported using some of the earmarked capital funds to meet the County's
needs before raising taxes.
ADJOURN
On motion of Vice Chairman Dunn, seconded by Supervisor Wells, and carrying on a voice vote, the
meeting was adjourned at 8:00 p.m.
Charles S. DeHaven, Jr. Michael Bollhoefer
Chairman, Board of Supervisors County Administrator
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
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Board of Supervisors Meeting Minutes of March 8, 2023 - Appendix 1
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, February 27, 2023
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), Charles
DeHaven,Jr. (Voting), Kevin Kenney(Voting), Shontya Washington (Voting), Lewis Boyer
(Liaison Stephens City), Gary Oates (Voting) and Josh Ludwig(Voting).
Staff Present: Assistant Director,John Bishop and Kathy Smith, Secretary
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
Renaissance Drive: Staff received four (4) wide-ranging bids on the total project cost for
Renaissance Drive and will award the project to the lowest bidder, W-L Construction and Paving,
Inc., at $2,876,311.64-unit rate. Upon a motion by, Charles DeHaven, Jr., seconded by Gary
Oates the Committee recommended that the Board of Supervisors authorize staff to proceed.
ITEMS FOR INFORMATION ONLY:
Smartscale: Staff gave a presentation on the status of the SmartScale results. A handout of the
FY 2024 project scores were presented to the Committee as a reference of the funded and
unfunded projects. Staff addressed issues with the current SmartScale projects with the District
Grant amounts (penalization for the 1-81 fund), Commonwealth Transportation Board (CTB)
polices regarding access to High Priority Projects (HPP)funds, and the Application Limitation
County Project Updates: Gainesboro Road/Route 522 Intersection Project: Staff is waiting for
an updated comments on the intersection of alternatives from VDOT Traffic Engineering.
Route 37 Study:The study scope was approved by the Board of Supervisors and Staff now has
an issued purchase order from the WinFred MPO due to utilizing their on-call contract.
Application Development:Staff has approved draft work scopes for development of
Transportation Alternatives applications, Shawnee Drive Revenue Sharing, and Lenoir Drive
evaluation.
Other: Major Steve Hawkins of the Sheriff's Department made a suggestion of reaching out to
the Costco management team alongside with VDOT Staff to see if they could make some
adjustments during peak times with the entrance until the 522/Costello Turn Lane Operations
Improvement project is completed. Ed Carter, VDOT addressed the Committee on "2022
Staunton District Fatality Report" that listed the number of road deaths. VDOT also addressed
the North Frederick Pike (522 North), and they are comfortable with the completed project.
Minute Book 48
Board of Supervisors Regular Meeting of March 8,2023
County of Frederick, Virginia
256
Board of Supervisors Meeting Minutes of March 8, 2023 - Appendix 2
JOINT PUBLIC WORKS COMMITTEE/LANDFILL OVERSIGHT COMMITTEE
REPORT to the BOARD OF SUPERVISORS
Tuesday, February 28, 2023
8:00 a.m.
Public Works Conference Room
107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA
PUBLIC WORKS COMMITTEE ATTENDEES:
Committee Members Present: Robert W. Wells, Chairman; Gene Fisher; Harvey E. "Ed"
Strawsnyder, Jr.; Gary Longerbeam; and Kevin Kenney
Committee Members Absent: None
LANDFILL OVERSIGHT COMMITTEE ATTENDEES:
Committee Members Present: Robert W. Wells; Perry Eisenach; Stan Crockett; Chris Boies;
and Justin Hall
Committee Members Absent: Michael Bollhoefer, County Administrator; Mike Neese
Staff present: Joe C.Wilder, Director of Public Works; Ron Kimble, Landfill Manager; Rod
Williams, County Attorney;Jay Tibbs, Deputy County Administrator; Mike Stewart, Senior
Project Manager
(Attachment 1)Agenda Packet
ITEMS FOR INFORMATION ONLY
1-We held a closed session for the following purpose:
Pursuant to Virginia Code§ 2.2-3711(A)(3),the discussion or consideration of the acquisition
of real property for a public purpose, where discussion in an open meeting would adversely
affect the bargaining position or negotiating strategy of the public body.
After coming out of the closed session, there was a unanimous roll call vote from each
member of the Public Works Committee and Landfill Oversight Committee to certify that
only public business matters related to the subject were discussed.
2-The committee was updated on the permitting process for the CDD Landfill, Area 2 that
is currently on-going.
3-The animal shelter brought multiple small restitutions related to court cases totaling
$836.84. A motion was made by Committee Member Strawsnyder recommending a total of
$836.84 be appropriated to line item 10-4305-3001-00 Professional Health Services from 3-
10- 1904-14 Restitution Fund. The motion was seconded by Committee Member Fisher and
Minute Book 48
Board of Supervisors Regular Meeting of March 8,2023
County of Frederick, Virginia
257
unanimously approved by the committee. This request will be sent to the Finance
Committee for further consideration.
4-The committee discussed a request to possibly expand the glass recycling program in
Fiscal Year 2024 to include three more citizen convenience centers. We currently have one
site with a glass recycling drop off container at the Landfill. This site has been operational
since August of 2022. It has been determined that the cost to have glass recycling
containers at three additional sites would total $33,000 per year. That will include
transportation of the glass to Fairfax,Virginia. We also informed the committee that taking
the recycled glass to the City of Winchester's glass recycling area is not an option at this
point. The city is still developing their program and accepting additional glass from the
county is not in their current business model.
After some additional discussion, the committee felt more time is needed to evaluate glass
recycling in the county. Glass is being used in less products every day and the total glass in the
waste stream is negligible. Therefore, Committee Member Strawsnyder made a motion to
recommend collecting a full one year's worth of collection data from the landfill site to
determine if expanding the glass recycling program is viable and cost effective. The motion
was seconded by Committee Member Longerbeam and unanimously approved by the
committee.
(Attachment 2)
Respectfully submitted,
Public Works Committee
Robert W. Wells
Gene Fisher
Harvey E. "Ed" Strawsnyder,Jr.
Gary E. Longerbeam
Kevin Kenney
By: Joe C.Wilder
Director of Public Works
JCW/kco
Attachments: as stated
cc: Michael Bollhoefer, County Administrator
Ron Kimble, Landfill Manager
Gloria Puffinburger, Solid Waste Manager
Rod Williams, County Attorney
Kathy Whetzel, Animal Shelter Manager
file
Minute Book 48
Board of Supervisors Regular Meeting of March 8,2023
County of Frederick, Virginia