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January 24 2024 Regular Meeting Minutes 223 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 24, 2024 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Josh E. Ludwig, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert W. Wells; Blaine P. Dunn; Heather H. Lockridge; John F. Jewell; and Robert T. Liero were present. 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; Tyler Klein, Senior Planner; Kayla Peloquin, Planner I; Scott Varner, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Ludwig called the meeting to order at 7:00 p.m. INVOCATION Dennis Smith of Valley Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved for the adoption of the draft agenda as presented. The motion was seconded by Supervisor Wells and carried on a voice vote. Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 224 CITIZEN COMMENTS The following spoke in opposition to the agenda item regarding a reduction of the number of members of the Planning Commission: Patti Solenberger, Shawnee District Charles Markert, Red Bud District resident, and Planning Commission member James Moulder, Back Creek District Gene Hawkins, Gainesboro District Tim Stowe, Red Bud District, and Planning Commission Chairman Kay Dawson, Red Bud District Mollie Brannon, Back Creek District resident, and Planning Commission member ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Jewell seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye -Approval of Minutes of Work Session & Regular Meetings of January 10, 2024—CONSENT AGENDA APPROVAL -Acceptance of Parks & Recreation Commission Report of January 9, 2024 -CONSENT AGENDA APPROVAL,Appendix 1 - Resolution for Changes in the Secondary System of State Highways: Apple Banks South - CONSENT AGENDA APPROVAL WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County;and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation;and WHEREAS,the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition;and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,pursuant to 33.2-705,Code of Virginia,and the Department's Subdivision Street Requirements;and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 225 necessary easements for cuts,fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. - Resolution for Changes in the Secondary System of State Highways: Quail Hill Estates-CONSENT AGENDA APPROVAL WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition; and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,pursuant to 33.2-705,Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts,fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. -Adoption of Updated Hazard Mitigation Plan-CONSENT AGENDA APPROVAL -Adoption of Updated Emergency Operations Plan -CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Chairman Ludwig made assurances that issues that arose during the transition between chairmen are being addressed. COUNTY OFFICIALS MOTION NOT TO REDUCE THE SIZE OF THE PLANNING COMMISSION -APPROVED Referencing a proposal to reduce the size of the County's Planning Commission, Supervisor Jewell moved that the Board not reduce the size. Supervisor Lockridge seconded the motion. Vice Chairman Slaughter noted the opportunity to facilitate reducing the size of the Planning Commission with many terms ending in January and February of 2024. She said staff had been asked to Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 226 provide a report on the matter. She said she had wanted discussion and outlined some benefits of a smaller planning commission. Supervisor Lockridge said she was not opposed to the reduction originally but is now opposed. The motion carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS JAY FOREMAN APPOINTED TO HANDLEY REGIONAL LIBRARY BOARD -APPROVED Supervisor Wells moved for the appointment of Jay Foreman to the Handley Regional Library Board to fill an unexpired term ending November 30, 2024. Supervisor Jewell seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero No John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter Aye ROBERT LIERO APPOINTED TO NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION—APPROVED On motion of Chairman Ludwig, seconded by Supervisor Lockridge, Supervisor Robert Liero was appointed to the Northern Shenandoah Valley Regional Commission for a four-year term on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Abstain John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 227 SARA DORR APPOINTED TO NORTHWESTERN COMMUNITY SERVICES BOARD— APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell, Sara Dorr was appointed to the Northwestern Community Services Board on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye JASON AIKENS REAPPOINTED TO PLANNING COMMISSION —APPROVED On motion of Supervisor Lockridge, seconded by Supervisor Wells, Jason Aikens was reappointed to the Planning Commission on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + COMMITTEE BUSINESS— None PUBLIC HEARINGS (NON PLANNING ISSUES) ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 75 DROUGHT RESPONSE AND CONTINGENCY PLAN -ADOPTED Planning Director Wyatt Pearson reviewed the proposed changes to the ordinance. Board members and Frederick Water Director Eric Lawrence discussed options for addressing the needs of bulk water customers and haulers during a drought emergency. Chairman Ludwig opened the public comment period. The following spoke: Kathy Schnarr, Gainesboro District, said her well has failed and without bulk water delivery she will have to leave her home, adding there should be no restrictions on bulk water haulers. Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 228 Mike Landis, employee of Taylor Farms, said his company hauls water in the County and the restrictions are affecting local businesses. Ryan Taylor of Taylor Farms said his company hauls water and suggested two options: remove the ban on bulk water sales or allow bulk haulers to pay the price difference to Frederick Water if water has been purchased from the City of Winchester to meet the needs of water haulers. Ty Lawson, Stonewall District, discussed the moratorium on water connections. He said to continue having the necessary amount of water, developers would also be willing to pay the difference in the price of water purchased by Frederick Water from the City. Chip Grove, Stonewall District, said his landscaping company hauls water and the ban on water hauling is affecting businesses. Chairman Ludwig closed the public comment period. The Board, Mr. Lawrence, and County Attorney Williams discussed allowing the water customer to pay to offset the cost of water purchased from the City of Winchester, the use of water by developers, and the possibility of a change in water rates, and the appeal process for those affected by drought emergency restrictions. Supervisor Dunn moved to adopt the Ordinance to Amend the Frederick County Code, Chapter 75 Drought Response And Contingency Plan Supervisor Wells seconded the motion. The Board discussed the motion. The motion to adopt the ordinance to amend Chapter 75 carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye §75-4 Conditions for declaration of potential shortage of water; applicable restrictions. A.The Drought Contingency and Response Plan for Frederick County provides guidance for evaluating the potential for, or existence of, drought conditions and implementation of response and contingency activities for persons utilizing the public water system. The provisions of this section apply only to persons utilizing the public water system,but persons served by private wells are also encouraged to implement voluntary reductions during drought stages. Frederick County is authorized to take special measures of prudent management to prevent a critical water shortage when a potential shortage and/or emergency condition exists as outlined in this chapter and in the Frederick County Sanitation Authority's Drought Management Plan, in the water system(s), and to declare drought watch, drought warning or drought emergency conditions within the jurisdiction. The County Administrator,in consultation with the Executive Director of the Sanitation Authority,will evaluate the conditions and make the determination which stage of drought is occurring.Upon a determination of the existence of the following conditions,the County Administrator or his designee shall,in accordance with§44-146.21 of the Code of Virginia,declare a drought watch,drought warning, or drought Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 229 emergency,as appropriate. Said declaration shall be subject to confirmation by the Board of Supervisors at its next regularly scheduled meeting or at a special meeting within 14 days of the declaration,whichever occurs first. (1)Drought watch.The drought watch stage applies when dry weather conditions persist or worsen and the water demand or usage remains steady or increased which creates questions as to the sustainability of the water resource supplies.Drought watch target is to increase public awareness and reduce water consumption by 10%for residential users and 15%for nonresidential users through voluntary water conservation.Required actions include the monitoring of drought conditions;notifying the public of incipient drought via local media, public service announcement,County website,notices with water bills;and requesting voluntary reduction in nonessential water use,including: (a)Reduce outdoor water use,including the watering of lawns and landscaping; (b)Use washing machines and dishwashers only when loads are full; (c)Reduce water use when performing personal hygiene; (d)Install water-savings devices in the home,including faucet aerators and low-flow toilets; (e)Install rain barrels for watering plants,washing vehicles and general cleanup;and (f)Check faucets and toilets for potential leaks. (2)Drought warning.The drought warning stage applies when dry conditions are severely affecting the reliability of the water resources and the ability of the Frederick County Sanitation Authority to adequately supply and meet future demands or usage of its clients.Drought warning target is to increase public awareness and reduce water consumption by 15%for residential users and 20%for nonresidential users through voluntary and mandatory water conservation.Required actions include the monitoring of drought conditions; notifying the public of the drought warning via local media,public service announcement,County website, notices with water bills;requesting voluntary water conservation measures;and implementing mandatory reduction in nonessential water use as follows: (a)Voluntary reductions. [I]Voluntary reductions of overall water use by all customers of the FCSA,as set forth above for the drought watch stage;and [2]In addition: [a]Customers not served drinking water in restaurants unless requested; [b]Ceasing installation of new irrigation taps on the FCSA system; [c]Ceasing water service to customers who have been given a five-day notice to repair one or more leaks and have failed to do so; [d]Limiting expanding new irrigated land in production or planting or landscaping that is required by site design review process;and [e]Reducing watering of shrubbery,trees,lawns,grass,plants,and other established landscaping by implementing an alternate-day use schedule based on the last digit of residential or commercial address: odd- number addresses: Tuesday,Thursday and Saturday;even-number addresses:Wednesday,Friday and Sunday, Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 230 with no watering to occur between 10:00 a.m.and 6:00 p.m. (b)Specifically prohibited activities using water are: [I]Washing down of streets,sidewalks,walkways,driveways,parking lots,service station aprons,tennis courts,other hard-surfaced areas,buildings,and structures,except as required for safety concerns; [2]Noncommercial washing of privately owned automobiles,trucks,trailers,boats,and any other types of mobile equipment,except where required to meet air quality standards; [3]Using water to maintain fountains,reflective ponds and decorative water bodies for aesthetic or scenic purposes,except where necessary to support aquatic life; [4]Obtaining water from fire hydrants for construction purposes,fire drills or any other purpose other than fire suppression or other public emergency; [5]Using water to fill or refill public or private swimming pools;and (c)Intensification of maintenance efforts to identify and correct water leaks in the distribution system. (3)Drought emergency.The drought emergency stage applies when extreme water shortage or drought conditions have caused significant adverse impacts to the reliability of water resources and the ability of the Frederick County Sanitation Authority to adequately supply and meet future demands or usage requirements of its clients and the public health and safety are at risk.Drought emergency target is to increase public awareness and reduce water withdrawals by 20%for residential users and 25%for nonresidential users through voluntary and mandatory water conservation.Required actions include the monitoring of drought conditions;notifying the public of the drought emergency via local media,public service announcement, County website,notices with water bills;and requesting voluntary water conservation measures;and implementing mandatory reduction in nonessential water use as follows: (a)Voluntary reductions of overall water use by all customers of the FCSA,as set forth above for the drought watch and drought warning stages,except that irrigation of established and new landscaping is prohibited,and not voluntary. (b)Specifically prohibited activities using water are: [I]Washing down of streets,sidewalks,walkways,driveways,parking lots,service station aprons,tennis courts,other hard-surfaced areas,buildings,and structures,except as required for safety concerns; [2]Noncommercial washing of privately owned automobiles,trucks,trailers,boats,and any other types of mobile equipment,except where required to meet air quality standards; [3]Commercial car washes without water recycling systems(effective 01/01/2027); [4]Using water to maintain fountains,reflective ponds and decorative water bodies for aesthetic or scenic purposes,except where necessary to support aquatic life; [5]Obtaining water from fire hydrants for construction purposes,fire drills or any other purpose other than fire suppression or other public emergency; [6]Using water to fill or refill public or private swimming pools; [7]Watering of all shrubbery,trees,lawns,grass,plants,and other established or new landscaping; Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 231 [8]Watering of vegetable gardens; [9]Bulk water sales(haulers),except for the temporary provision of water for potable residential purposes. This shall not be construed to prevent the hauling of non-potable water for any purpose. (c)A moratorium on the issuance of all new water service connections may be approved by the Board of Supervisors for the duration of the drought emergency stage.As part of the public information process,notices will be provided to developers on the moratorium. (d)The implementation of conservation water rates may be approved by the Board of Supervisors for the duration of the drought emergency stage to a maximum increase of 20%above the existing rate.This drought conservation rate is a temporary fee imposed during the current water supply shortage and is not a cost-based rate.The conservation rate will be terminated at such time as the drought emergency status is lifted. (e)Intensification of maintenance efforts to identify and correct water leaks in the distribution system. B. Frederick County shall choose its local data sources,establish its local trigger points for the varying declarations,and evaluate various information sources prior to enabling or rescinding any noted declaration. C. During extreme drought emergency situations,Frederick County shall be permitted to reduce the water system pressure and to further ration the water supply,as needed. D. Drought emergency conditions may also be declared by the jurisdiction in certain circumstances which are listed in this chapter and in the event of equipment failure,contamination or other non-drought-related event that prevents short-term provision of adequate water supplies. # ## Supervisor Dunn moved to authorize a 20% increase in water costs to haulers of potable water. Supervisor Jewell seconded the motion. The Board discussed the motion. Supervisor Wells said the Board wants to help the businesses and suggested having staff bring additional information back at the next meeting. Supervisor Dunn withdrew his motion. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 232 PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT #11-23 FOR 231 VAUCLUSE SPRING HOLDING, LLC. — APPROVED Planner Kayla Peloquin reviewed the request for a Conditional Use Permit (CUP) for 231 Vaucluse Spring Holding, LLC, for a recreation area and resort, a public restaurant, and a special event facility. She listed the conditions recommended by the Planning Commission should the Board find the application to be appropriate. The Applicant, Jan Van Haute, briefly reviewed his plans for the property. Chairman Ludwig opened the public comment period. The following spoke: Karen Nelson, Back Creek District, spoke in favor of the Conditional Use Permit. Jason McDonald, Back Creek District, said his property borders the subject property and spoke in favor of the Conditional Use Permit. Mike Duplantis, Back Creek District, said he was the original owner of the subject property and spoke in favor of the Conditional Use Permit. Bennett Carr, Back Creek District, spoke in favor of the Conditional Use Permit. Chairman Ludwig closed the public comment period. Supervisor Jewell moved to approve Conditional Use Permit (CUP) 11-23 for 231 Vaucluse Spring Holding, LLC. Vice Chairman Slaughter seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#11-23 231 Vaucluse Spring Holding LLC WHEREAS, CONDITIONAL USE PERMIT APPLICATION #11-23 was submitted by 231 Vaucluse Spring Holding LLC for a recreation area and resort, a public restaurant, and a special event facility. The property is located at 231 Vaucluse Spring Lane, Stephens City, Virginia and is identified with Property Identification Number 84-A- 53A in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on January 3,2024 and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on January 24,2024; and Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 233 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, and welfare, and in conformance with the Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code,Zoning, Conditional Use Permit#11-23 to allow for a recreation area and resort,a public restaurant,and a special event facility on the parcel identified with Property Identification Number 84- A-53A is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. A site plan shall be approved by Frederick County prior to the establishment of this use. The site plan shall meet the requirements of the Frederick County Zoning Ordinance in§165-204.30 for Special Event Facilities. 3. Special events may not exceed 130 guests per event. 4. Amplified outdoor music must conclude by 9:00 p.m. and all events shall conclude by 11:00 p.m. 5. Approval of this CUP will void previous CUP#02-95. 6. Any expansion or modification of this use will require approval of a new CUP. + + + + + + + + + + + + + + ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 165 ZONING—SIGNS— APPROVED Senior Planner Tyler Klein reviewed the proposed amendment to the sign ordinance to ensure consistency and increase the allowed height for signs in the RA(Rural Areas)Zoning District. Chairman Ludwig opened the public comment period. No one addressed the Board. Chairman Ludwig closed the public comment period. Supervisor Wells moved to adopt the ordinance to amend the Frederick County Code Chapter 165 Zoning—Signs. Supervisor Lockridge seconded the motion. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE 11 Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 234 SUPPLEMENTARY USE REGULATIONS; PARKING;BUFFERS;AND REGULATIONS FOR SPECIFIC USES PART 201 —SUPPLEMENTARY USE REGULATIONS §165-201.06(B)(1)(c)SIGNS ALLOWED IN CERTAIN DISTRICTS ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING;BUFFERS;AND REGULATIONS FOR SPECIFIC USES PART 201 —SUPPLEMENTARY USE REGULATIONS §165-201.06(B)(4)(a)[3]HEIGHT WHEREAS, an ordinance to amend Chapter 165, Zoning, to remove reference to signs allowed in certain districts was considered;and WHEREAS,the proposed changes intend to modify the Zoning Ordinance to increase the allowed sign height in the RA(Rural Areas)Zoning District;and WHEREAS,the Frederick County Planning Commission held a public hearing on this Ordinance change on January 3,2023 and recommended approval;and WHEREAS, the Frederick County Board of Supervisors held a public hearing on January 24, 2024, during their regular meeting;and WHEREAS,the Frederick County Board of Supervisors finds the approval of this Ordinance Amendment to be in the best interest of the public health,safety,welfare,and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to remove ARTICLE II — Supplementary Use Regulations; Parking; Buffers;and Regulations for Specific Uses,Part 201,§165-201.06(B)(1)(c)and modify ARTICLE II—Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses,Part 201, §165-201.06(B)(4)(a)[3]. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS CPPA#04-23 SARGENT PROPERTY—APPROVED Chairman Ludwig noted the public hearing had been held on January 10, 2024, with action postponed to the current meeting. Supervisor Liero moved to approve CPPA #04-23 Sargent Property. Supervisor Dunn seconded the motion. The Board discussed updates made to the original proposal and potential safety concerns on White Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 235 Oak Road. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig Aye Judith McCann-Slaughter Aye RESOLUTION TO APPROVE AMENDING THE COMPREHENSIVE PLAN, APPENDIX I—AREA PLAN,SOUTHERN FREDERICK LAND USE PLAN, (CPPA#04-23 SARGENT) WHEREAS,The Comprehensive Plan,was adopted by the Board of Supervisors on November 10,2021;and WHEREAS, this amendment would include two parcels (76-A-42 & 76-A-42A),totaling 122 acres, being brought into the boundary of the Urban Development Area(UDA),while modifying the future land designation on a portion of the property to be Low Density Residential,Industrial,and Park;and WHEREAS,the Comprehensive Plans and Programs Committee(CPPC)discussed the Sargent CPPA request at their July 10,2023 meeting and recommended the request be studied further;and WHEREAS,the Board of Supervisors and Planning Commission held a joint work session on August 16, 2023 and discussed the requested Sargent CPPA. The Board of Supervisors directed staff and the CPPC to study this request further and hold the necessary public hearings;and WHEREAS,the CPPC at their November 13,2023 meeting,discussed the Sargent CPPA request, and recommended approval;and WHEREAS,the Planning Commission held a public hearing for this request at their December 6,2023 meeting and recommended denial of the Sargent CPPA;and WHEREAS,the Frederick County Board of Supervisors held a public hearing for this request at their regular meeting on January 10,2023;and WHEREAS,the Frederick County Board of Supervisors finds that the Sargent CPPA#01-23 request to include two parcels(76-A-42&76-A-42A)into the boundary of the Urban Development Area(UDA),while modifying the future land designation on the property to be Low Density Residential, Industrial,and Park to be in the best interest of the public health,safety,welfare,and future of Frederick County,and in good planning practice;and NOW,THEREFORE BE IT RESOLVED by the Frederick County Board of Supervisors that the Comprehensive Plan is amended accordingly. + + + + + + + + + + + + + + REZ#05-23—ROUND HILL CROSSING PHASE 2 (MINOR PROFFER AMENDMENT)— APPROVED Senior Planner Tyler Klein reviewed the request for a minor amendment to the approved proffer statement associated with rezoning (REZ) application #03-03 (WWW, LC) to modify the number of allowed Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 236 commercial entrance connections to U.S. Route 50 West. He said the amendment would enable one (1) additional right-in-only entrance for a total of up to four (4) entrances for the development, with all other previously approved proffers remaining in effect (unchanged). Supervisor Lockridge moved to approve the minor proffer amendment for REZ#05-23— Round Hill Crossing Phase 2. Vice Chairman Slaughter seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#05-23 FOR ROUND HILL CROSSING PHASE 2 (WINCHESTER WAREHOUSING INC.&SILVER LAKE,LLC.) WHEREAS,REZONING#05-23 for Round Hill Crossing Phase 2(Winchester Warehousing Inc. & Silver Lake,LLC) was submitted to amend the approved proffer statement associated with rezoning(REZ)application#03-03(WWW,LC) to modify the number of allowed commercial entrance connections to U.S.Route 50 West.The amendment would enable one(1)additional right-in only entrance for a total of up to four(4)entrances for the development.All other previously approved proffers would remain in effect(unchanged). The property is located northwest of the intersection of Retail Boulevard and Northwestern Pike(U.S.Route 50 West)and is identified by Property Identification Number(PIN)52-A- B in the Gainesboro Magisterial District;and WHEREAS, the Frederick County Planning Commission discussed this rezoning on January 3, 2024, and recommended approval;and WHEREAS,the Frederick County Board of Supervisors discussed this Rezoning during their regular meeting on January 24,2024;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. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning, is amended to modify the approved proffer statement associated with rezoning(REZ) application#03-03 (WWW, LC)to modify the number of allowed commercial entrance connections to U.S. Route 50 West.The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 237 ORDINANCE AMENDMENT- HOME OCCUPATION/COTTAGE OCCUPATION —SENT FORWARD TO PUBLIC HEARING Senior Planner Tyler Klein reviewed the proposal to amend regulations for "home occupations" and "cottage occupations" to address stated concerns from Board members, the Planning Commission, and the public about operating a home or cottage occupation. He said that the proposal would modify where the use may be conducted on the property, the total number of employees and customers allowed for each use, and clarify allowances for commercial vehicles associated with a home or cottage occupation. Vice Chairman Slaughter moved to send the proposal to amend regulations for "home occupations" and "cottage occupations" forward to public hearing. Supervisor Lockridge seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye 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 and word usage ARTICLE 11 Supplementary Use Regulation;Parking;Buffers;and Regulations for Specific Uses Part 201 —Supplementary Use Regulations §165-201.05 Secondary or accessory uses Part 204—Additional Regulations for Specific Uses WHEREAS, a proposal to amend Chapter 165 — Zoning Ordinance to amend definitions and regulations for "home occupations"and"cottage occupations"to address stated concerns from Board members,the Planning Commission, and the public about operating a home or cottage occupation was considered. Specifically,the proposal would modify where the use may be conducted,the number of employees allowed for each use,and clarify allowances for commercial vehicles associated with a home or cottage occupation; and WHEREAS, the Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their July 27,2023 regular meeting and supported the proposed changes; and WHEREAS,the Frederick County Planning Commission discussed the proposed changes at their regularly scheduled meeting on September 6,2023 and agreed with the proposed changes; and WHEREAS,the Frederick County Board of Supervisors discussed the proposed changes at their regularly scheduled Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 238 meetings on November 8,2023 and January 24,2024; and WHEREAS, the Frederick County Board of Supervisors finds it appropriate in the public necessity, convenience, 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 in the interest of public health, safety, general welfare, and good zoning practice, the Frederick County Planning Commission shall hold a public hearing to consider changes to address Chapter 165 - Zoning Ordinance to amend definitions and regulations for"home occupations"and"cottage occupations." + + + + + + + + + + + + + + ORDINANCE AMENDMENT-ACCESSORY DWELLINGS, MDPS, DEFINITIONS—SENT FORWARD TO PUBLIC HEARING Senior Planner Tyler Klein reviewed the changes as proposed by Planning and Development Department staff to Chapter 165- Zoning Ordinance to the following: Accessory Dwellings; Master Development Plans; and multiple Minor Amendments. Vice Chairman Slaughter moved to send the proposed minor amendments forward to public hearing. Supervisor Lockridge seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye 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 and word usage ARTICLE 11 Supplementary Use Regulation;Parking;Buffers;and Regulations for Specific Uses Part 201 —Supplementary Use Regulations §165-201.05 Secondary or accessory uses Part 204—Additional Regulations for Specific Uses ARTICLE VI Business and Industrial Zoning Districts Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 239 Part 608—Extractive Manufacturing District §165-608.05 Setback and yard requirements ARTICLE VIII Development Plans and Approvals Part 801 —Master Development Plans §165-801.06 Master development plan submission §165-801.08 Changes to approved master development plans WHEREAS, a proposal to amend Chapter 165 —Zoning Ordinance to amend definitions for family care home, group home and adult care residences;to amend supplementary use requirements for accessory dwellings;to amend setback and yard requirements for the EM(Extractive Manufacturing)Zoning District;and to amend development plans and approval for master development plans(MDP)was considered;and WHEREAS,the Development Review and Regulation Committee(DRRC)reviewed the proposed changes at their July 27,2023 regular meeting and supported the proposed changes;and WHEREAS,the Frederick County Planning Commission discussed the proposed changes at their regularly scheduled meeting on September 6,2023 and agreed with the proposed changes;and WHEREAS,the Frederick County Board of Supervisors discussed the proposed changes at their regularly scheduled meetings on November 8,2023 and January 24,2024;and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors, that in the interest of public health, safety, general welfare, and good zoning practice, the Frederick County Planning Commission shall hold a public hearing to consider changes to address Chapter 165-Zoning Ordinance to amend defmitions for family care home,group home and adult care residences;to amend supplementary use requirements for accessory dwellings; to amend setback and yard requirements for the EM (Extractive Manufacturing) Zoning District; and to amend development plans and approval for master development plans(MDP). + + + + + + + + + + + + + + ORDINANCE AMENDMENT—TELECOMMUNICATIONS TOWERS—SENT FORWARD TO PUBLIC HEARING Senior Planner Tyler Klein reviewed the proposal to amend the supplementary use regulations for commercial telecommunication facilities to modify the criteria for a setback waiver by the Board of Supervisors (§165-204.19(C)(3)(a)). The Board and Mr. Klein discussed concerns about tower heights and the credentials of those engineers reviewing tower plans. Vice Chairman Slaughter moved to send the proposed amendment of the supplementary use regulations for commercial telecommunication facilities to modify the criteria for a setback waiver by the Board Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 240 of Supervisors (§165-204.19(C)(3)(a)) forward to public hearing. Supervisor Lockridge seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165,ZONING ORDINANCE CHAPTER 165 -ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS,PARKING,BUFFERS,AND REGULATIONS FOR SPECIFIC USES Part—204 Additional Regulations for Specific Uses §165-204.19 Telecommunication facilities,commercial. WHEREAS, a proposal to amend Chapter 165 —Zoning Ordinance to modify the supplementary use regulations for commercial telecommunication facilities was considered, specifically the criteria for a setback waiver granted by the Board of Supervisors;and WHEREAS,the Development Review and Regulations Committee(DRRC)reviewed the proposed changes at their September 28,2023 regular meeting;and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on December 6,2023 and agreed with the proposed changes;and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on January 24,2024;and WHEREAS, the Frederick County Board of Supervisors finds it appropriate in the public necessity, convenience, 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 in the interest of public health, safety, general welfare, and good zoning practice, the Frederick County Planning Commission shall hold a public hearing to consider changes to address Chapter 165 -Zoning Ordinance to amend supplementary use regulations for commercial telecommunication facilities. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 241 CITIZEN COMMENTS Cynthia Schneider, Shawnee District, spoke on behalf of the Top of Virginia Regional Chamber. BOARD OF SUPERVISORS COMMENTS Supervisor Jewell referenced the ongoing update to the County's western land use plan update and encouraged citizens to participate in the process. Vice Chairman Slaughter discussed auto garages in the RA district. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 9:43 p.m. Josh E. Ludwig Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia 242 Board of Supervisors Meeting Minutes of January 24, 2024 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday,January 9,2024 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA The Parks and Recreation Commission met on January 9, 2024. Members present were Gary Longerbeam, Natalie Gerometta, Dennis Grubbs, Ronald Madagan, Zac Franz, and Jennifer Myers. Members absent: Guss Morrison, Randy Carter ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. Mr. Madagan made a motion to nominate Dennis Grubbs for the position of Chair for 2024, seconded by Mr. Longerbeam, carried unanimously (6-0). 2. Mrs. Myers made a motion to nominate herself for the position of Vice-Chair for 2024, seconded by Mrs. Gerometta, carried forward (5-1). 3. Mr. Franz made a motion to accept the changes to the Department's Policy Manual as presented, seconded by Mr. Madagan, carried unanimously(6-0). 4. The Walking in a Winter Wonderland had almost 40,000 visitors enjoy the show this past 2023 season. 5. Mr. Madagan made a motion for staff to pursue an asphalt parking expansion at the Sherando Park Warrior Drive entrance, seconded by Mr. Grubbs, carried unanimously (6-0). Cc: Gary Longerbeam, Chairman Josh Ludwig, Chairman, Frederick County Board of Supervisors Minute Book 49 Board of Supervisors Regular Meeting of January 24, 2024 County of Frederick, Virginia