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HomeMy WebLinkAbout04-26 Exhibit E - Adopted Cline Manor Tax Abatement OrdinanceExhibit E Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 1 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 26, 2025 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; Austin Cano, Interim County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Kayla Peloquin, Planner I; Cheryl Shiffler, Finance Director; 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 Associate Pastor David Whitacre of Open Door Baptist 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. Supervisor Lockridge seconded the motion which carried on a voice vote. CITIZEN COMMENTS Leslie Spencer, Gainesboro District, urged the Board to pause before considering the Cline Manor Revitalization Resolution and Tax Abatement request. Christiana Maw, Back Creek District, spoke in favor of an ordinance amendment addressing backyard chickens. Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 2 ADOPTION OF CONSENT AGENDA – APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Lockridge 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 the Work Session & Regular Meeting Minutes of February 13, 2025 – CONSENT AGENDA APPROVAL - Approval of Work Session Minutes of February 19, 2025 – CONSENT AGENDA APPROVAL - Acceptance of Public Works Committee Report of January 28, 2025 - CONSENT AGENDA APPROVAL, Appendix 1 - Acceptance of Finance Committee Report of February 19, 2025 - CONSENT AGENDA APPROVAL, Appendix 2 - Acceptance of the FY 2024 Annual Comprehensive Financial Report (ACFR)- CONSENT AGENDA APPROVAL - Approval of Revisions to County Code – Chapter 143 – Stormwater/Erosion and Sediment Control Ordinance as Requested by the Public Works Committee - CONSENT AGENDA APPROVAL ORDINANCE TO AMEND FREDERICK COUNTY CODE CHAPTER 143 – STORMWATER/EROSION AND SEDIMENT CONTROL §143-100 Purpose; §143-105 Authority; and §143-110 Definitions WHEREAS, the Virginia Department of Environmental Quality (DEQ) adopted new regulations related to stormwater management and erosion and sediment control; and WHEREAS, the new regulation is 9VAC25-875-00 and the changes in the state regulations require that Frederick County update the County Code, Chapter 143, Stormwater and Erosion and Sediment Control, to stay in compliance. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in the interest of public health, safety, and general welfare, the amendment to Chapter 143, Stormwater and Erosion and Sediment Control as displayed in the attached document is adopted. + + + + + + + + + + + + + + Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 3 BOARD OF SUPERVISORS COMMENTS Supervisor Dunn referenced the Board’s denial of Comprehensive Plan Amendment (CPPA) #01- 24, Appleland Properties, following a public hearing at the most recent meeting of February 13, 2025, and said he had learned more information that had not been presented to the Board at the time of the public hearing. He moved that the Board reschedule consideration of Comprehensive Plan Amendment (CPPA) #01-24, Appleland Properties, and set a public hearing for March 26, 2025. Supervisor Wells seconded the motion. Following discussion, 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 + + + + + + + + + + + + + + COUNTY OFFICIALS PRESENTATION OF THE BOARD'S RESOLUTION HONORING THE 2024 CLASS 4 ALL-STATE CHAMPION JAMES WOOD HIGH SCHOOL GIRLS’ VOLLEYBALL TEAM On behalf of the Board, Chairman Ludwig presented the signed and framed Resolution Honoring the 2024 Class 4 All-State Champion James Wood High School Girls’ Volleyball Team which was adopted by the Board of Supervisors at the meeting on February 13, 2025. The Champion James Wood High School Girls’ Volleyball Team and coaches were in attendance to receive the Resolution. + + + + + + + + + + + + + + Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 4 APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS KENNETH BAKER APPOINTED TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Supervisor Jewell moved to appoint Kenneth Baker to the Shawneeland Sanitary District Advisory Committee to fill an unexpired two-year term ending 10-25-25. Supervisor Wells 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 VAUGHN WHITACRE APPOINTED TO THE PLANNING COMMISSION AS GAINESBORO DISTRICT REP. - APPROVED Supervisor Lockridge moved to appoint Vaughn Whitacre to the Planning Commission as Gainesboro District Rep. to fill a four-year term ending 2-22-29. Supervisor Wells 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 COMMITTEE BUSINESS – FINANCE COMMITTEE LAKE HOLIDAY FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $231,898 – APPROVED Supervisor Lockridge moved for approval of the Finance Director’s request for a Lake Holiday Fund supplemental appropriation in the amount of $231,898. This amount represents the Bank of New York reserve funds used to pay off the Lake Holiday bond. Supervisor Liero 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 Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 5 PUBLIC HEARINGS (NON PLANNING ISSUES) – None PLANNING COMMISSION BUSINESS – PUBLIC HEARINGS – None PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS CAPITAL IMPROVEMENTS PLAN (CIP) 2025-2030 – APPROVED Director of Planning and Development Wyatt Pearson reviewed the timeline for adopting the CIP and noted the Board held a public hearing on the Plan on January 22, 2025, and postponed action. The Board and Mr. Pearson briefly discussed the CIP. Supervisor Jewell moved for adoption of the Capital Improvements Plan (CIP) 2025-2030. Supervisor Dunn 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 RESOLUTION ADOPTING THE 2025-2030 CAPITAL IMPROVEMENTS PLAN (CIP) WHEREAS, the Frederick County Comprehensive Plans and Programs Committee (CPPC) discussed the 2025-2030 Capital Improvements Plan (CIP) at their regular meeting on December 16th, 2024. The CPPC recommended approval of the CIP and affirmed that the projects contained within the CIP are in conformance with the Comprehensive Plan; and, WHEREAS, the Frederick County Planning Commission discussed the 2025-2030 CIP at their regular meeting on January 15th, 2025, and recommended approval of the CIP affirming that the projects contained within the CIP are in conformance with the Comprehensive Plan; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing and discussed the CIP at their regular meeting on January 22nd, 2025; and WHEREAS, the Frederick County Board of Supervisors supports the priorities shown in the 2025-2030 CIP and has affirmed the determination of the Planning Commission that the projects contained in the CIP conform to the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2025-2030 CIP for Frederick County, Virginia as an element of the Comprehensive Plan. + + + + + + + + + + + + + + Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 6 CLINE MANOR REVITALIZATION RESOLUTION AND TAX ABATEMENT - APPROVED Director of Planning and Development Wyatt Pearson explained that Surber Development and Consulting LLC (the Applicant) has requested the Board pass a Revitalization Area Resolution and Tax Abatement Ordinance to support their Low-Income Housing Tax Credit (LIHTC) application for a multi-family housing complex at 3266 Vally Pike (PIN 63-A -37). He said if approved, the applicant would include both requests in their LIHTC grant application. He added that the LIHTC program is a competitive process, and having the support of the local governing body via these two requests helps the Applicant's project score better and makes it more likely to receive a grant award. The applicant, Jen Surber of Surber Development and Consulting, discussed the proposal with the Board members including the annual recertifying of residents to ensure the income qualifications are being met. Supervisor Jewell moved for approval of the draft Revitalization Area Resolution. Supervisor Wells 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 A RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS DESIGNATING A REVITALIZATION AREA FOR THE PURPOSES OF ENCOURAGING MIXED-INCOME HOUSING DEVELOPMENT WHEREAS, pursuant to Section 36-55.30:2.A of the Code of Virginia of 1950, as amended, the Frederick County Board of Supervisors wants to designate as a Revitalization Area the property identified as Tax Map Number 63-A- 37, on which the multi-family apartment development known as Cline Manor proposes to locate; and WHEREAS, the industrial, commercial, or other economic development of such area will benefit the County but such area lacks the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment, community development, healthcare, or nonprofit enterprises or undertakings to locate or remain in such area; and WHEREAS, private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area; and WHEREAS, this resolution is predicated upon Cline Manor Development’s proposal to include an even mix of units ranging from 30% of the Area Median Income to 80% of the Area Median Income, providing a blended range of affordability within the development; NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors, that the above-referenced development at Tax Map Number 63-A-37 is located in a Revitalization Area in the County of Frederick. Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 7 # # # Supervisor Jewell moved for adoption of the draft Tax Abatement Ordinance. Supervisor Wells 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 AN ORDINANCE TO PARTIALLY EXEMPT REAL ESTATE TAXATION FOR THE PROPOSED DEVELOPMENT OF PROPERTY KNOWN AS THE ESTATE OF PEGGY CARSON RITTER HENCEFORTH KNOWN AS CLINE MANOR VA LLC, LOCATED IN THE COUNTY OF FREDERICK, VIRGINIA, BY LOCAL CLASSIFICATION OR DESIGNATION FROM FULL ASSESSMENT OF TAXES: WHEREAS, ESTATE OF PEGGY CARSON RITTER, (hereinafter referred to as CLINE MANOR VA LLC) has applied to the Frederick County Board of Supervisors (hereinafter referred to as “the Board) for an ordinance providing it with partial tax-exempt status from the County of Frederick on real property taxes relating to the proposed development of CLINE MANOR VA LLC apartment complex in Frederick County, Virginia located on the Frederick County Tax Map Number 63-A-37 located at 3266 Valley Pike; and WHEREAS, the Board desires to support and encourage the development of said property by enacting an ordinance to provide CLINE MANOR VA LLC with a partial tax exemption from the County of Frederick’s real property taxes; and WHEREAS, the Virginia Code Section 58.1-3219.4, authorizes the County to enact such exemptions within the limitations therein prescribed and as may be prescribed by this Board; NOW, THEREFORE, BE IT ORDAINED pursuant to Section 58.1-3219.4 of the Code of Virginia that: 1. The real property of the Estate of Peggy Carson Ritter to be partially exempted hereby is located within the County of Frederick, Virginia, being tax map number 63-A-37 located at 3266 Valley Pike. 2. The Frederick County Board hereby finds that: a. The subject real property, along with improvements currently located thereon, is assessed at a total of Five Hundred Two Thousand Dollars and Zero Cents ($502,000) and the cost of the intended improvements is expected to be Nine Million Nine Hundred Thousand Dollars and Zero Cents ($9,900,000.00). b. The real property taxes that were paid by the subject property’s owner for tax year 2024 were Two Thousand Five Hundred Sixty Dollars and Twenty Cents ($2,560.20). The increase in value caused by the proposed improvements could result in an increase in the amount of total tax on this real property to the amount of Fifty One Thousand Three Hundred Forty Nine Dollars and Fifty Five Cents ($51,349.55). 3. The Board finds that CLINE MANOR VA LLC is an organization that proposes to develop housing structures for historically underprivileged residents in the County of Frederick, and nearby areas. The proposed development CLINE MANOR VA LLC will serve the County of Frederick, and its residents, as an affordable housing options. As such, said organization is eligible for a part exemption from the assessment of real property taxes as a result of said development under Virginia Code 58.1-3220, for a period of three (3) years, in an amount not to exceed Two-Thousand Dollars and Zero Cents ($2,000) annually. 4. The Board hereby exempts CLINE MANOR VA LLC from that portion of their real property taxes accruing as a result of an increase in property value by reason of the proposed improvements or Fifty Percent (50%) of the cost of such improvements, whichever is greater, but not to exceed Two Thousand Dollars ($2,000) Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 8 annually, for a period of three (3) tax years once all improvements are completed. a. The cost of improvements shall be presumed as shown on the building permit application. The proposed improvements are those described in the attached exhibit A which is hereby incorporated into this ordinance. b. The exemption hereby granted in contingent upon the following: i. CLINE MANOR VA LLC providing housing predominately for persons with low to moderate income as defined by Virginia Housing. This ordinance shall be in effect on the date of adoption. + + + + + + + + + + + + + + ORDINANCE AMENDMENT REGARDING BACKYARD CHICKENS – SENT FORWARD TO PUBLIC HEARING Planner Kayla Peloquin said that Ordinance amendments to allow backyard chickens in residential districts have been considered and denied by the Board of Supervisors in 2018, 2020, and 2022. She said this proposed ordinance amendment to allow backyard chickens as accessory to any single-family detached residence in the Residential Performance (RP), Residential Planned Community (R4), and Residential Recreational Community (R5) Zoning Districts was initiated at the request of a Board member. The Board and staff discussed lot sizes, the number of chickens proposed for each parcel, the need to clarify proper waste disposal methods, and the fact that a homeowners association’s rules could disallow would prevent chickens regardless of the County’s ordinance. Supervisor Dunn said he was not supportive of an ordinance allowing chickens in residential areas. Supervisor Jewell said he had constituents asking that the Board consider allowing chickens in certain residential areas. He moved for adoption of the draft Resolution Directing the Planning Commission to Hold A Public Hearing Regarding Chapter 165, Zoning Ordinance regarding backyard chickens. Supervisor Lockridge seconded the motion which carried on the following recorded vote: 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 CHAPTER 165 – ZONING Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 9 ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 – General Provisions ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 402 – RP Residential Performance District WHEREAS, a proposal to amend Chapter 165 – Zoning Ordinance to add a definition for chicken coops, add additional regulations for backyard chickens and chicken coops, and add backyard chickens to the permitted uses in the RP (Residential Performance) District 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 February 26, 2025; 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; 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 address Chapter 165 – Zoning Ordinance to add a definition for chicken coops, add additional regulations for backyard chickens and chicken coops, and add backyard chickens to the permitted uses in the RP (Residential Performance) District. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Liero provided updates from the Planning Commission and the Northern Shenandoah Valley Regional Commission. Supervisor Jewell provided an update from the Handley Regional Library Board. Chairman Ludwig provided an update from the Frederick Water Board. CITIZEN COMMENTS Scarlett Meadows, Stonewall District, expressed concern about the state of the County’s schools. She suggested a social worker be brought into the schools to listen to students’ concerns. Regular Meeting Minutes Frederick County Board of Supervisors February 26, 2025 10 James Moulder, Back Creek District, said there is waste in government spending. He suggested the Board use the power of the purse to reign in the County schools. Vaughn Whitacre, Gainesboro District, thanked the Board for appointing him to the Planning Commission. He said the Board needs to see where the schools are spending tax dollars. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn thanked the County’s first responders for their service. He referenced a closed session meeting from 2024 and requested a copy of the audio recording. Supervisor Lockridge said the Board needs to hold the school system accountable. She thanked Scarlett Meadows for her remarks during the Citizen Comments period. She said she plans to meet with School Board Vice Chair Klein to discuss her concerns. Chairman Ludwig asked the public to come forward with any concerns about the schools adding that the Board of Supervisors gives money to the County Schools but does not direct the spending of funds. He discussed the decision of the Board at the work session earlier in the evening to advertise a possible real estate tax rate saying that it is a working cap, and the final adopted real estate tax rate will not be higher than what is advertised. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 8:35 p.m.