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May 8 2024 Regular Meeting Minutes 364 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 8, 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; Heather H. Lockridge; and Robert T. Liero were present. Blaine P. Dunn and John F. Jewell participated remotely. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technologies; Wyatt Pearson, Planning Director; Mark Cheran, Zoning & Subdivision Administrator; Amy Feltner, Planner I; Kayla Peloquin, Planner I; 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 Ed Butler, Associate Pastor at Winchester Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. REMOTE PARTICIPATION AUTHORIZED On the motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge and carrying on a voice vote, remote participation was authorized for Supervisor Dunn from Fort Worth, Texas, and Supervisor Jewell from Denver, Colorado, each for personal business reasons. Minute Book 49 Board of Supervisors Regular Meeting of May 8, 2024 County of Frederick, Virginia 365 ADOPTION OF AGENDA -APPROVED Vice Chairman Slaughter moved for the adoption of the draft agenda. The motion was seconded by Supervisor Lockridge and carried on a voice vote. CITIZEN COMMENTS Tammy Canfield, Stonewall District, thanked the Board members who responded to her email about the fourth high school. She noted the agenda item regarding an ordinance amendment changing the term "Churches" to "Places of Worship" and suggested that both terms be retained instead of removing the term "Churches." ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Lockridge seconded the motion which carried on a voice vote. -Approval of Minutes of Work Session & Regular Meetings of April 24, 2024— CONSENT AGENDA APPROVAL -Acceptance of the Public Safety Committee Report of April 18, 2024—CONSENT AGENDA APPROVAL, Appendix 1 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted his appreciation for the comments made by the speaker during the Citizen Comments period. COUNTY OFFICIALS - None APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None PUBLIC HEARINGS (Non Planning Issues)— None Minute Book 49 Board of Supervisors Regular Meeting of May 8, 2024 County of Frederick, Virginia 366 PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS - None PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS SUB#01-24—LILLIE HEFLIN - (APPEAL)—DENIED Planning Director Wyatt Pearson provided background information about the appeal of the Subdivision Administrator in the administration of the County Code Chapter 144 Section(s)3 and 37, resulting from the decision of the Subdivision Administrator not to approve a minor rural subdivision for the Heflin parcel, Property Identification Number(PIN)40-A-129. He noted the Board had postponed action at the April 10, 2024, Board meeting. Supervisor Wells and Mr. Pearson discussed there having been no changes to the appeal request since the previous meeting and the Applicant's choice not to discuss alternative solutions. Supervisor Lockridge and Mr. Pearson discussed the property not being part of Lincoln Estates and the residents of Lincoln Estates using Quail Run to access their homes. Chairman Ludwig and Mr. Pearson discussed the right of way shown on the original deed. He noted the difficulty of sorting out the existence of the right of way because of the age of the deeds and land records. He said the Board cannot erase a right of way and does not want to make a decision that may cause trouble for the Applicants later. Supervisor Jewell moved to deny the appeal of SUB #01-24 — LILLIE HEFLIN. Supervisor Dunn seconded the motion. Supervisor Wells and Mr. Pearson discussed the result of a denial of the appeal including whether the Applicant could then seek a variance on the setback from the Board of Zoning Appeals. At Supervisor Dunn's request, County Attorney Williams confirmed that the Board's decision would not adjudicate property rights. Supervisor Dunn noted his reluctance to do anything except determine whether or not the road exists and suggested that if the appeal is denied, the Applicant can go to court to determine if the road exists. The motion to deny the appeal carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells No Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter Aye + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of May 8, 2024 County of Frederick, Virginia 367 ORDINANCE AMENDMENT— PLACES OF WORSHIP & NATIONALLY CHARTERED FRATERNAL LODGES OR CIVIC CLUBS, SOCIAL CENTERS AND THEIR RELATED CLUB FACILITIES—SENT FORWARD TO PUBLIC HEARING Planner Kayla Peloquin reviewed the proposal to amend the term "Church" to "Place of Worship" in every instance where "Church" is used and clarified that no changes are proposed to the definition. She continued explaining the proposal to modify the RA (Rural Areas) District "Permitted uses" section (§165- 401.02) to add "Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities" as a permitted use. She said this proposal also moves the additional regulations for the uses from the RP (Residential Performance) District conditional uses list (§165-402.03) to a new subsection in the Additional Regulations for Specific Uses section (§165-204). She added that no changes are proposed to the existing additional regulations, which are being moved to make the ordinance more consistent so that all additional regulations would be found in §165-204. Supervisor Lockridge, Mr. Pearson, and other Board members discussed retaining the term "Churches" in addition to "Places of Worship." Vice Chairman Slaughter and Ms. Peloquin discussed requiring a conditional use permit for fraternal lodges or civic clubs. Supervisor Lockridge moved to send the proposed ordinance amendment forward to public hearing, specifying that a conditional use permit be required for fraternal lodges and civic clubs in the RA zoning district and that the terms"Churches"and "Places of Worship" both be used in the ordinance. Vice Chairman Slaughter seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn No 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 ARTICLE I GENERAL PROVISIONS;AMENDMENTS;AND CONDITIONAL USE PERMITS Part 101 —General Provisions §165-101.02. Definitions and word usage ARTICLE 11 Minute Book 49 Board of Supervisors Regular Meeting of May 8, 2024 County of Frederick, Virginia 368 SUPPLEMENTARY USE REGULATIONS;PARKING;BUFFERS;AND REGULATIONS FOR SPECIFIC USES Part 201 —Supplementary Use Regulations §165-201.02 Setback requirements §165-201.03 Height limitations;exceptions Part 202—Off-Street Parking,Loading and Access §165-202.01 Off-street parking;parking lots Part 204—Additional Regulations for Specific Uses §165-204.36 Adult retail §165-204.40 Nationally chartered fraternal lodges or civic clubs,social centers,and their related club facilities. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 —RA Rural Areas §165-401.02 Permitted uses Part 402—RP Residential Performance District §165-402.02 Permitted Uses §165-402.03 Conditional Uses Part 403—MH1 Mobile Home Community District §165-403.02 Permitted Uses WHEREAS,a proposal to amend Chapter 165—Zoning Ordinance to amend the terminology of churches,modify the list of permitted uses in the RA (Rural Areas)Zoning District, and relocate the additional regulations for specific uses for nationally chartered fraternal lodges or civic clubs, social centers, and their related club facilities was initiated by staff; and WHEREAS,the Development Review and Regulation Committee (DRRC)discussed the proposed changes at their regularly scheduled meeting on March 28,2024;and WHEREAS,the Frederick County Planning Commission discussed the proposed changes at their regularly scheduled meeting on April 17,2024,and agreed with the proposed changes;and WHEREAS,the Frederick County Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 8,2024;and WHEREAS,the Frederick County Board of Supervisors finds that it is in the public necessity,convenience,general welfare, and good zoning practice, to direct the Frederick County Planning Commission to hold a public hearing regarding amendments 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 terminology of churches, modify the list of permitted uses in the RA(Rural Areas)Zoning District, and relocate the additional regulations for specific uses for nationally chartered fraternal lodges or civic clubs, social centers,and their related club facilities. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of May 8, 2024 County of Frederick, Virginia 369 ORDINANCE AMENDMENT— DEFINITIONS AND CORRECTIONS FOR CONFERENCE/EVENT CENTERS, DATA CENTERS, SOLID WASTE COLLECTION, AND MATERIALS RECOVERY FACILITIES—SENT FORWARD TO PUBLIC HEARING Planner Amy Feltner reviewed the proposal to change definitions, update standards, correct errors, and to combine the multiple types of public garage uses into one type. She said the amendment will specifically list the allowance of conference/event centers and data centers in the B2 (General Business) and B3 (Industrial Transition) Districts; Data centers in the M1 (Light Industrial), M2 (Industrial General), and TM (Technology-Manufacturing Park) District; Commercial Sport and Recreation Clubs in the B2 (General Business); Continuing-Care Retirement Community(CCRC)in the MS (Medical Support) District; and clarify the recycling operation and recreational facilities in the M1 (Light Industrial). She said the B1 (Neighborhood Business) square foot limitation for retail stores and grocery/food stores had been relocated and noted that the amendments are not adding additional permitted uses, but rather clarifying that these are permitted uses. She concluded by saying these uses were previously allowed under the Standard Industrial Classification (SIC) use tables that were replaced with NAICS terminology in 2023. Ms. Feltner noted the Planning Commission recommended that data centers be excluded in the B2 District and that staff was seeking direction from the Board on this issue. The Board and staff discussed the proposed changes including the reasoning behind the exclusion of data centers from the B2 commercial zone. Vice Chairman Slaughter moved to send the proposed ordinance amendment forward to public hearing with data centers excluded from the B2 district. She further moved that the Board direct staff to draft and propose additional regulations for data centers to ensure that the County is ready to accommodate these uses in the zoning districts where they are allowed without creating impacts on adjoining property owners. 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 ARTICLE I GENERAL PROVISIONS;AMENDMENTS;AND CONDITIONAL USE PERMITS Part 101-General Provisions §165-101.02. Definitions and word usage ARTICLE 11 Minute Book 49 Board of Supervisors Regular Meeting of May 8, 2024 County of Frederick, Virginia 370 SUPPLEMENTARY USE REGULATIONS;PARKING;BUFFERS;AND REGULATIONS FOR SPECIFIC USES Part 204-Additional Regulations for Specific Uses §165-204.08.Grocery and food stores §165-204.37.Retail Stores(Drug,Health,and Personal Care) ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 504—MS (Medical Support)Districts §165-504.02(B).Permitted Uses §165-504.02(B)(2)Flex-tech performance standards ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 602-B1 Neighborhood Business District §165-602.02.Allowed Uses Part 603-132 General Business District §165-603.02.Allowed Uses Part 604-133 Industrial Transition District §165-604.02.Allowed Uses Part 605-TM Technology-Manufacturing Park District §165-605.02.Permit Uses Part 606-Ml Light Industrial District §165-606.02.Allowed Uses §165-606.03.Conditional uses WHEREAS,a proposal to amend Chapter 165—Zoning Ordinance to modify various ordinance sections for clarification and minor corrections was initiated by staff;and WHEREAS,the Development Review and Regulations Committee (DRRC)reviewed the proposed changes at their March 28,2024 regular meeting;and WHEREAS,the Planning Commission discussed the proposed changes at their regularly scheduled meeting on April 17,2024 and agreed with the proposed changes;and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 8,2024;and WHEREAS,the Frederick County Board of Supervisors fmds that it is in the public necessity,convenience,general welfare, and good zoning practice, to direct the Frederick County Planning Commission to hold a public hearing regarding amendments 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 various ordinance sections for clarification and minor corrections. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None Minute Book 49 Board of Supervisors Regular Meeting of May 8, 2024 County of Frederick, Virginia 371 CITIZEN COMMENTS Tammy Canfield, Stonewall District, noted recent training of government officials in London and her concern that the Board may be involved with the World Economic Forum thereby being forced to follow a global agenda rather than focus on the needs of Frederick County. BOARD OF SUPERVISORS COMMENTS Supervisor Wells said that May is National Water Safety Month noting that the 2 for 2 Foundation is offering activities relating to water safety. He said he and Supervisor Dunn would like to schedule a work session with the Foundation. He announced an event at the American Military Heritage Museum in Stephens City on June 8. Supervisor Lockridge noted the planned project Getaway in the Gainesboro District will not move forward at this time. Supervisor Liero announced an upcoming $4 million EPA grant award ceremony at the Landfill. Supervisor Dunn referenced the remarks during Citizen Comments regarding officials traveling to London. He said no Board or staff members have attended such an event and that the Board is looking out for the best interests of the County. Chairman Ludwig noted his participation in the recent Apple Blossom Festival events. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 8:14 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 May 8, 2024 County of Frederick, Virginia 372 Board of Supervisors Meeting Minutes of May 8, 2024 - Appendix 1 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday April 18, 2024 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Chairwoman Heather Lockridge, Al Sibert, Kermit Gaither, Josh Ludwig and Shawn Graber. Staff and guests present: County Administrator Michel Bollhoefer, Fire& Rescue Chief Steve Majchrzak, County Attorney Rod Williams, Volunteer Fire& Rescue President Dan Cunningham, Major Steve Hawkins, Sheriff Lenny Millholland, Judy McCann-Slaughter, Blain Dunn, John Jewell, Don Jackson and 1st Lt. Barry Kittoe. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS FOR INFORMATION ONLY: 1. Discussion of vehicle types included in the Sheriffs FY25 budget request: Sheriff Millholland provided the Committee with a hands-on look at the different types of vehicles in the Sheriff Department's vehicle fleet. The new vehicles obtained depend on a variety of factors to include: supply and demand,vehicle availability, color, and vehicle options depending on the role of the officer. Mr. Graber asked if limiting the officers' ability to take vehicles home would lower the wear and mileage on the current vehicles. Sheriff Millholland replied that they are not driving exorbitant miles and the vehicles are tracked. Mr. Sibert agreed with the Sheriff that take home vehicles are important for responses back when required adding that it is an incentive for hiring/retaining personnel. 2. Discussion on scope for the RFP for the Fire & Rescue assessment: Mr. Bollhoefer discussed the Board of Supervisors desire/direction to do another analysis of the Fire & Rescue Department. He mentioned the analysis from 2016 should be reviewed by the Public Safety Committee to determine whether a new full or narrow scoped RFP would better meet the needs of the department at this time and for the future. Mr. Bollhoefer will send out the 2016 Fire& Rescue RFP and results to the PSC members for review prior to a special scheduled Public Safety Committee meeting on Thursday May 23,2024. Minute Book 49 Board of Supervisors Regular Meeting of May 8, 2024 County of Frederick, Virginia 373 3. Update on Company 22: Chief Majchrzak updated the committee on the site areas for the new Company 22. Staff has looked at sites, specifically in the Stephens City area, which would have the best reduced response times, especially near the Lake Frederick area. It has been narrowed down to 4 potential sites. The station would be a 4-person manned, 3 bay drive-thru firehouse with bunk rooms housing 4 pieces of equipment. 4. Other business: Mr. Mary Davis, from the Lake Frederick community, wanted to thank the Public Safety Committee and the Sheriff's office for assistance in getting VDOT to conduct a survey on the stoplights at the intersection of 522 and Lake Frederick. Due to all of the accidents and close calls, VDOT developed a solution which has been operational for 2 months and to date the new system has curtailed numerous incidents. Respectfully submitted, Public Safety Committee Heather Lockridge Al Sibert Kermit Gaither Shawn Graber Josh Ludwig Minute Book 49 Board of Supervisors Regular Meeting of May 8, 2024 County of Frederick, Virginia