September 25 2024 Regular Meeting Minutes 86
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, SEPTEMBER 25, 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;
Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director;John Bishop,Assistant Director
of Planning; Tyler Klein, Senior Planner; Kayla Peloquin, Planner I; Patrick Fly, Assistant Director of
Information Technologies;Austin Cano,Assistant County Attorney; 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
Supervisor Liero 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. The motion was seconded by
Supervisor Wells and carried on a voice vote.
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CITIZEN COMMENTS
Tammy Canfield, Stonewall District, spoke in favor of the Board adopting an ordinance allowing
chickens, adding that it should not be overly restrictive.
Robert Gallalee, Back Creek District, disagreed with the idea that permission was needed by any
residents who wanted to have chickens. He discussed Rezoning 06-24, and said the public should know all
the types of businesses which would be permitted under the proposed zoning designation.
ADOPTION OF CONSENT AGENDA—APPROVED
Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Dunn seconded
the motion which carried on a voice vote.
-Approval of Minutes of the Joint Work Session with the Public Works and Landfill Oversight
Committees of September 11, 2024—CONSENT AGENDA APPROVAL
_Approval of Regular Meeting Minutes of September 11, 2024 -CONSENT AGENDA APPROVAL
-Approval of Work Session Minutes of September 18, 2024 -CONSENT AGENDA APPROVAL
-Acceptance of Transportation Committee Report of August 26, 2024— CONSENT AGENDAAPPROVAL,
Appendix 1
-Acceptance of the Parks & Recreation Commission Report of September 10, 2024—CONSENT AGENDA
APPROVAL,Appendix 2
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BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn referenced the resolutions adopted a few months ago by the Board to honor three
local D-Day veterans. He said the families of the veterans had expressed appreciation for the Board's gesture
and noted that Leon Pope died about a month after receiving his resolution.
Supervisor Jewell announced the upcoming Farm Crawl.
Chairman Ludwig announced that early voting was underway and noted his concerns about voters
registering without providing identification.
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COUNTY OFFICIALS
DRAFT 2025 LEGISLATIVE AGENDA—ACTION POSTPONED TO OCTOBER 9, 2024
Chairman Ludwig moved to postpone action on the legislative agenda until the meeting on October
9, 2024. Supervisor Wells seconded the motion. The Board discussed the postponement. 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
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APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None
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COMMITTEE BUSINESS—TRANSPORTATION COMMITTEE
THE PLANNING DIRECTOR RECOMMENDS BOTH A GENERAL FUND AND
TRANSPORTATION FUND SUPPLEMENTAL APPROPRIATION FOR$464,788.65. —
APPROVED
Assistant Planning Director John Bishop provided background on the project's budget shortfall. The
Board discussed the need to complete the project and the fact that if the shortfall is not funded, the County
will be forced to spend more and return revenue-sharing dollars to the state totaling over$2.7 million.
On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell, the Board approved the
following: The Planning Director recommends both a general fund and a transportation fund supplemental
appropriation for $464,788.65, representing the budget shortfall on the Renaissance Drive project. 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
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PUBLIC HEARINGS (Non Planning Issues)- None
PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
REZONING #06-24 OF FRUIT HILL (EQUUS CAPITAL PARTNERS, LTD., QTS, LC,
AND WILLIAM 0. MINOR} - DENIED
Assistant Planning Director John Bishop explained the request for a rezoning of approximately
220.06 acres of property at 384 Ruebuck Lane, 1420 Rest Church Road and the southwest corner of the
intersection of Rest Church Road and Zachary Ann Lane in the Stonewall Magisterial District.
The Board and Mr. Bishop briefly discussed the application.
John Foote of Walsh, Colucci, Lubeley & Walsh, PC, gave a presentation on the project on behalf of
the applicant, Equus Capital Partners, Ltd.
The Board, Mr. Foote, and Planning Director Wyatt Pearson discussed transportation issues relating
to the development.
Chairman Ludwig opened the public comment period.
Linda Reed, Shawnee District, spoke in opposition to the rezoning.
James Moulder, Back Creek District, spoke in opposition to data centers being allowed in Frederick
County.
Josh Heidelberger, Stonewall District, spoke in favor of the rezoning.
Tammy Canfield,Stonewall District, spoke in opposition to data centers being allowed because of noise
concerns.
Leslie Spencer, Gainesboro District, said she preferred agricultural options for the site of the proposed
rezoning.
Chairman Ludwig closed the public comment period.
Vice Chairman Slaughter moved for denial of Rezoning #06-24 of Fruit Hill (Equus Capital
Partners, Ltd., DTS, LC, and William 0. Minor) due to its lack of conformance with the comprehensive plan
and concerns about transportation issues. Supervisor Liero seconded the motion.
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Supervisor Lockridge spoke in favor of the rezoning citing the need for revenues and job
opportunities in the County.
Supervisor Jewell noted that warehousing was the larger part of the application with data center
usage being a smaller component.
Supervisor Dunn noted that data centers are already allowed in other areas of the County.
The motion to deny carried on a recorded vote as follows:
Blaine P. Dunn Aye Robert T. Liero Aye
John F. Jewell No Robert W. Wells No
Heather H. Lockridge No Josh E. Ludwig Aye
Judith McCann-Slaughter Aye
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CONDITIONAL USE PERMIT #04-24 FOR MARLBORO SPRINGS LLC (SAMUEL SMITH) -
APPROVED
Planner Kayla Peloquin explained the request for a Conditional Use Permit #04-24 for Marlboro
Springs LLC (Samuel Smith)for a Special Event Facility. The Property is Located at 1147 N Pifer Road Star,
Tannery, Virginia and is Identified by Property Identification Number 69-A-28 in the Back Creek Magisterial
District. She reviewed the conditions suggested by the Planning Commission should the Board find the CUP
to be appropriate.
The Applicant, Sam Smith, and the Board discussed noise concerns and the hours of operation for
amplified music, with Supervisor Dunn advocating for amplified music on weekends ending at 9:15 p.m.
Mr. Smith said he did not object to an added condition restricting the use of subwoofers.
Chairman Ludwig opened the public comment period.
Debbie Hetzel, Back Creek District, spoke in support of the CUP.
Louise Garrett, Back Creek District, spoke in support of the CUP.
Chairman Ludwig closed the public comment period.
Supervisor Jewell moved for approval of Conditional Use Permit #04-24 for Marlboro Springs LLC
(Samuel Smith), with the conditions as presented except with the weekend hours for amplified music limited
to 9:15 p.m. and the restriction of the use of subwoofers. Supervisor Lockridge seconded the motion.
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Supervisor Lockridge moved to amend the motion to set the weekend hours for amplified music as
limited to 10:00 p.m. instead of 9:15 p.m. Supervisor Wells seconded the motion to amend 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
The main motion, now amended, 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
ORDINANCE
CONDITIONAL USE PERMIT 04-24
MARLBORO SPRINGS LLC(SAMUEL SMITH)
WHEREAS,CONDITIONAL USE PERMIT 04-24 was submitted by Marlboro Springs LLC(Samuel Smith)
for a special event facility at 1147 N Pifer Road Star Tannery,Virginia,identified with Property Identification
Number 69-A-28 in the Back Creek Magisterial District;and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use Permit
on September 4, 2024 and recommended approval;and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit
on September 25,2024; and
WHEREAS,the Frederick County Board of Supervisors fords the approval of this Conditional Use PeI I I Iit
to be in the best interest of the public health,safety,and welfare, and in conformance with the
Comprehensive Plan;
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 04-24 for a special event
facility on the parcel identified with Propelty Identification Number 69-A-28 is approved with the following
conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Events shall begin no earlier than 8:00 AM on any day. Outdoor amplified music shall end by 9:00 PM
Sundays through Thursdays and by 10:00 PM on Fridays, Saturdays, and Holidays. One(1) hour after
the music is turned off will be allowed for clean-up and for guests and vendors to exit the property.
3. No subwoofers can be utilized.
4. No more than 250 guests on the property at any onetime.
5. An illustrative sketch plan,addressing the additional regulations for special event facilities contained
in§ 165-204.30 shall be approved by Frederick County,and the improvements shown on the plan
shall be completed prior to the establishment of the use.
6. Any expansion or change of use shall require a new Conditional Use Permit.
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PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS
ORDINANCE AMENDMENT—CHICKENS —SENT FORWARD TO PUBLIC HEARING
Planning Director Wyatt Pearson reviewed a recent request from members of the Board of
Supervisors indicating to staff a desire to consider an ordinance amendment to allow backyard chickens in
the following zoning districts Residential Performance (RP), Residential Planned Community (R4), and
Residential Recreational Community (R5). To assist staff in preparing a draft ordinance that meets the
expectations of the Board, he asked for direction.
The Board and Mr. Pearson discussed the three zoning districts that would be included. Chairman
Ludwig suggested looking at nearby counties which have similar ordinances.
By consensus, the Board directed staff to bring forward a draft ordinance for consideration.
ORDINANCE AMENDMENT— DATA CENTERS —SENT FORWARD TO PUBLIC HEARING
Senior Planner Tyler Klein reviewed the Board's requested proposal to amend the Chapter 165 -
Zoning Ordinance to add a definition (§165-101.02) for data centers and additional regulations for specific
uses (§165-204). As proposed, data centers are defined as: "a premises in which the majority of the use is
occupied by computers and/or telecommunications and related equipment for processing, storing, or
transferring information. Infrastructure such as utility substations, power generators, and other supporting
equipment may also be included." He said additional regulations for specific uses include requirements for
data center facilities to be connected to public utilities, a limit on hours of when generator testing and cycling
may be performed, setback requirements and screening for mechanical equipment, perimeter landscaping
and screening standards, and noise attenuation and noise monitoring.
The Board and Mr. Klein discussed building heights, berm heights, the various cooling methods,
utility usage, and fencing.
On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board adopted the
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resolution to send the ordinance amendment forward to public hearing. 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
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 IOI-GENERAL PROVISIONS
¢165-101.02. DEFINITIONS AND WORK
USAGE.
ARTICLE II
SUPPLEMENTARY USE REGULATIONS;PARKING; BUFFERS;
AND REGULATIONS FOR SPECIFIC USES
PART 204-ADDITIONAL REGULATIONS
FOR SPECIFIC USES
WHEREAS,a proposal to amend Chapter 165-Zoning Ordinance to add a definition for data centers and to provide
additional regulations for specific uses to regulate data centers was considered;and
WHEREAS,the amendment will be referred to the Development Review and Regulations Committee (DRRC) for
review at their next regular meeting;and
WHEREAS,the Board of Supervisors discussed the proposed changes on September 25,2024;and
WHEREAS,the Frederick County Board of Supervisors fmds it appropriate in 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;
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 hold a
public hearing to consider changes to Chapter I 65-101.02 (defmitions and word usage) and Chapter 165-204
(additional regulations for specific uses)to define and regulate data centers.
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BOARD LIAISON REPORTS
Supervisor Liero offered an update from the Planning Commission.
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CITIZEN COMMENTS
Alan Holland, Opequon District, referenced the Frederick Water-Board of Supervisors joint work
session held earlier in the evening and asked the Board to take action to end the Inter County Service Area
surcharge that Frederick Water has added for Lake Frederick residents.
Tammy Canfield, Stonewall District, discussed crop spraying and asked the Board to encourage
farmers to move to organic farming for health reasons.
Rodney Wine, Shawnee District, discussed election integrity and asked the Board to request the
Governor to issue an executive order requiring proof of citizenship for voter registration.
James Moulder, Back Creek District, discussed the recent funding request from the schools saying that
the Board should ask the School Board to take out the fluff before it considers approving the request.
BOARD OF SUPERVISORS COMMENTS - None
ADJOURN
On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was
adjourned at 9:58 p.m.
Josh E. Ludwig 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 September 25, 2024 - Appendix 1
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, August 26, 2024
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter Chair (Voting), Will Weber
(Voting), Brandon Monk(Voting),Josh Ludwig(Voting) participated remotely,
Robert Liero (Voting) and Donald Capps (Voting)
Committee Members Absent: Tim Stowe and Lewis Boyer (Liaison Stephens City)
Staff Present:John Bishop,Assistant Director and Kathy Smith
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
Other: Renaissance Drive:A motion was made by Brandon Monk, seconded by Donald Capps the
Committee recommends supporting the general fund supplemental appropriation for
$434,788.65 , however the motion failed on a 2-2 tie. Staff gave an update on the Renaissance
Drive budget amount along with the budget break down. Staff explained that the project has a
shortfall because of various reasons including CSX costs and delays, unexpected cost to remove
material from the site that was expected to be able to be relocated on the property,and significant
amounts of unsuitable fill that required disposal. Currently, the expected shortfall on the project
is estimated to be $464,788.65. Staff is working to pursue additional revenue sharing through
VDOT via a new program for this type of issue, even if successful those funds are provided on a
reimbursement basis and the work would need to be paid for by the County prior to seeking
reimbursement.Assuming Staff is unsuccessful in securing additional funding from VDOT the total
additional cost to the County is expected to be$464,788.65. Depending upon the level of success
in securing additional revenue sharing funds, the actual additional cost to the County could be as
low as$17,643.84.
ITEMS FOR INFORMATION ONLY:
Western Frederick Land Use Plan: Staff has been working through the process of updating the
Western Frederick Land Use Plan (WFLUP) portion of the Comprehensive Plan. Staff gave a brief
overview of the WFLUP that consist of the study area of +/-6,229 acres that incorporates the
previously studied planning areas of Round Hill Community, Western Jubal Early Route 37 west
and Sunnyside that was not previously studied. The next steps after the community meeting and
the public input would be a public hearing meeting with the Planning Commission and the Board
of Supervisor for the plan to be adoption.
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Revenue Sharing and Transportation Alternatives Projects, Recent Awards: Staff updated the
Committee on the status of recent funding applications for the Revenue Sharing and
Transportation Alternatives Programs(TAP).The TAP 80/20 approved funds to include the Warrior
Drive Path at $1,438,400, Inverlee Way Pedestrian Upgrades at $457,600 and Valley Mill Road
Pedestrian Upgrades at $592,000. The Revenue Sharing 50/50 approved funds for the Route 11
at Shawnee Drive at$1,579,000 with the next application requiring a minimum of$1,560,000,and
Warrior Drive/Brandy Lane extension/upgrades at$1,389,000 with the next application requiring
minimum $2,779,00. Staff discussed the next steps in preparation for the next application round
submission in the spring/summer.
MPO Transit Feasibility Study: The MPO Consultant has completed the Transit Feasibility Study.
Staff reviewed and discussed the potential for the next steps as well as the timing for the
recommendations for the County.
County Project Updates: Renaissance Drive:This item was discussed under"Other".
Gainesboro Road/Route 522 Intersection Project:Staff and the consultant are expecting to meet
with VDOT on August 27th to begin the 15%design and cost estimate update based upon the VDOT
approved upgrade configuration.
Route 37 Eastern Frederick Transportation Study: Staff met with the consultant on August 14th
to provide another round of feedback on the draft plan and are waiting for those updates as well
as VDOT feedback. The final draft plan will be presented to the Committee for
approval/recommendation to the Board of Supervisors.
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Board of Supervisors Meeting Minutes of September 25, 2024 - Appendix 2
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Tuesday,September 10, 2024
7:00 p.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
The Parks and Recreation Commission met on Tuesday, September 10, 2024. Members
present were Gary Longerbeam, Ron Madagan, Randy Carter, Dennis Grubbs, Jennifer Myers,
and Vaughn Whitacre.
Members absent: Guss Morrison, Zac Franz
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. None
ITEMS SUBMITTED FOR INFORMATION ONLY
1. Mrs. Myers made a motion to accept an amended Donations Policy(500.06)to
provide opportunity for facility naming rights in exchange for significant donation to
the County(with Board approval), seconded by Mr. Whitacre, carried unanimously(5-
0).
Cc: Dennis Grubbs, Chairman
Robert Liero, Liaison, Frederick County Board of Supervisors
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Board of Supervisors Regular Meeting of September 25, 2024
County of Frederick, Virginia