A REGULAR MEETING OF THE FAUQUIER COUNTY BOARD OF …

BOARD OF SUPERVISORS OF FAUQUIER COUNTY

WARREN GREEN BUILDING

10 HOTEL STREET

WARRENTON, VIRGINIA 20186

MINUTES

A MEETING OF THE FAUQUIER COUNTY BOARD OF SUPERVISORS WAS HELD

JANUARY 9, 2014 AT 11:00 A.M. IN WARRENTON, VIRGINIA

P R E S E N T Mr. Christopher N. Granger; Mr. Peter B. Schwartz; Mr. D. Lee Sherbeyn;

Mr. R. Holder Trumbo, Jr.; Mr. Paul S. McCulla, County Administrator; Mr.

Kevin J. Burke, County Attorney

A B S E N T Mr. Chester W. Stribling

CALL TO ORDER

Mr. Trumbo called the meeting to order at 11:05 A.M.

AGENDA REVIEW

The Board of Supervisors reviewed the agenda.

A WORK SESSION TO DISCUSS THE OPAL INTERCHANGE AND ROUTE 29 TRAFFIC CONCERNS WITH VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT)

Mr. John Lynch, District Administrator for the Virginia Department of Transportation /

Culpeper District, discussed transportation issues associated with the new Opal interchange, and

the Department of Transportation’s plans to address those issues. The Board of Supervisors reconvened in regular session at 6:30 P.M.

INVOCATION Mr. Granger offered the invocation offered the invocation. PLEDGE OF ALLEGIANCE Mr. Trumbo led the Pledge of Allegiance.

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ADOPTION OF THE AGENDA

Mr. Trumbo moved to adopt the agenda with the following changes. Mr. Sherbeyn

seconded, and the vote for the motion was 4 to 0 as follows:

Ayes: Mr. Christopher N. Granger; Mr. Peter B. Schwartz; Mr. D. Lee

Sherbeyn; Mr. R. Holder Trumbo, Jr.

Nays: None

Absent During Vote: Mr. Chester W. Stribling

Abstention: None

Add new Consent Agenda item #6(k), A Resolution to Initiate a Zoning Ordinance Text

Amendment to Allow Travel Trailer Parks in Rural Agricultural (RA) Zoning Districts.

CITIZEN’S TIME

Lynn Wiley, The Plains, spoke in support of the Middleburg Humane Foundation project.

John Suter, Delaplane, spoke in support of the Middleburg Humane Foundation project.

Amanda Crossen, Marshall District, spoke in support of the Middleburg Humane

Foundation project.

Mike Westerman, Marshall District, spoke in support of the Middleburg Humane Foundation project.

Jeff Hazel, Broad Run, spoke in support of the Middleburg Humane Foundation project.

Judene Marchette, Hume, spoke in support of the Middleburg Humane Foundation

project.

Dan Gisselquist, Scott District, stated he finds use of the law in the county to be abhorrent harassment and an unconstitutional violation of American liberty, particularly regarding the Board of Supervisors’ decisions related to Ms. Boneta’s farm, the winery ordinance, and the noise ordinance.

Angelic Webber, Delaplane, spoke in support of the Middleburg Humane Foundation

project.

PROCLAMATIONS AND RECOGNITIONS

Mr. Granger presented a Proclamation to Honor Battalion Chief Justin R. Clayton Upon

the Occasion of His Retirement.

Mr. Trumbo presented to Mr. Ken Severin and Mrs. Maria DelRosso a Proclamation to Honor Barbara Severin.

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CONSENT AGENDA Mr. Trumbo moved to adopt the following Consent Agenda items. Mr. Sherbeyn

seconded and, following discussion, the motion was 4 to 0 as follows:



Nays: None


Abstention: None

Minutes of the December 12, 2013 Regular Meeting and the January 2, 2014

Organizational Meeting of the Fauquier County Board of Supervisors

A Resolution for Subdivision Street Acceptance of the Brookside Subdivision for Edington

Drive, Pebble Run Road, and Bill Court, Scott Magisterial District

RESOLUTION

A RESOLUTION FOR SUBDIVISION STREET ACCEPTANCE OF THE BROOKSIDE

SUBDIVISION FOR EDINGTON DRIVE, PEBBLE RUN ROAD, AND BILL COURT,

SCOTT MAGISTERIAL DISTRICT

WHEREAS, Edington Drive, Pebble Run Road, and Bill Court, as depicted on the

attached site location map, and described on the attached Additions Form AM-4.3, fully

incorporated herein by reference, are shown on plats of record in the Clerk’s Office of the Circuit

Court of Fauquier County; and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has

advised this Board of Supervisors that these streets meet the requirements established by the

Subdivision Street Requirements of the Virginia Department of Transportation; and

WHEREAS, the above streets serve a genuine public need; and

WHEREAS, in February of 1995, Fauquier County and the Virginia Department of

Transportation entered into an agreement for comprehensive stormwater detention, which applies

to this request for addition; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 9th

day of January 2014,

That the Virginia Department of Transportation be, and is hereby, requested to take the necessary

action to add the above described streets into the Secondary System of State Highways for

maintenance, as provided in Section 33.1-229, Code of Virginia, and the Virginia Department of

Transportation’s Subdivision Street Requirements; and, be it

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RESOLVED FURTHER, That the Board of Supervisors guarantees the Commonwealth

of Virginia a minimum unrestricted right-of-way of fifty (50) feet in the Brookside Subdivision

with necessary easements for cuts, fills, and drainage, as recorded in Deed Book 1114, Page

2222 approved on August 19, 2004; Deed Book 1364, Page 784 approved on March 14, 2011;

and Deed Book 1326, Page 1112 approved on August 19, 2009; and, be it

RESOLVED FINALLY, That this resolution shall become effective and a certified

copy will be forwarded to the Resident Engineer for the Virginia Department of Transportation.

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A Resolution for Street Acceptance of Monroe Parkway, Serving the Northern Sports

Complex, Scott Run Magisterial District

RESOLUTION

A RESOLUTION FOR STREET ACCEPTANCE OF MONROE PARKWAY, SERVING THE

NORTHERN SPORTS COMPLEX, SCOTT MAGISTERIAL DISTRICT

WHEREAS, Monroe Parkway, providing access for traffic to the Northern Sports

Complex, a public County facility, and as depicted on the attached site location map, and

described on the attached Additions Form AM-4.3, fully incorporated herein by reference, is

shown on plats of record in the Clerk’s Office of the Circuit Court of Fauquier County; and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has

advised this Board of Supervisors that this street meets the requirements established by the

Subdivision Street Requirements of the Virginia Department of Transportation; and

WHEREAS, the above street serves a genuine public need; and

WHEREAS, in February of 1995, Fauquier County and the Virginia Department of

Transportation entered into an agreement for comprehensive stormwater detention, which applies

to this request for addition; now, therefore, be it



That the Virginia Department of Transportation be, and is hereby, requested to take the necessary

action to add the above described street into the Secondary System of State Highways for

maintenance, as provided in Section 33.1-229, Code of Virginia, and the Virginia Department of

Transportation’s Subdivision Street Requirements; and, be it

RESOLVED FURTHER, That the Board of Supervisors guarantees the Commonwealth

of Virginia a minimum unrestricted right-of-way of fifty (50) feet with necessary easements for

cuts, fills, and drainage, as recorded in Deed Book 1290, Page 1680 approved on March 18,

2008; and, be it

RESOLVED FINALLY, That this resolution shall become effective and a certified

copy will be forwarded to the Resident Engineer for the Virginia Department of Transportation.

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A Resolution to Initiate a Zoning Text Amendment to Create a New Baltimore Overlay

District

RESOLUTION

A RESOLUTION TO INITIATE A ZONING TEXT AMENDMENT TO CREATE A NEW

BALTIMORE OVERLAY DISTRICT

WHEREAS, one of the principal goals of the Comprehensive Plan is to encourage

economic development and expand the tax base in the County’s Service Districts; and

WHEREAS, the Route 29 corridor in New Baltimore is a major gateway into Fauquier

County, designated as a Federal Scenic Byway, and has numerous older commercially zoned and

under-developed businesses along its Route 29 corridor; and

WHEREAS, many of these commercial properties are restricted from developing or

expanding their existing businesses due to the County’s general floodplain regulations; and

WHEREAS, the Board of Supervisors has determined that such development

impediments are not consistent with the County’s land use objectives nor its economic goals for

New Baltimore; and

WHEREAS, a new overlay district could specify reasonable engineering and design

guidelines to promote future development opportunities for these commercial properties, while

improving the corridor in a manner consistent with the character of Fauquier County; and

WHEREAS, any changes proposed to the floodplain regulations as part of the overlay

district would apply only to referenced properties within New Baltimore Service District and

would not be applicable to properties in any other Service Districts; now, therefore, be it



That the preparation of an overlay district within the Zoning Ordinance to address floodplain

restrictions and design criteria for redevelopment in keeping with this Resolution, New

Baltimore Service District goals and applicable County engineering standards be, and is hereby,

initiated; and, be it

RESOLVED FURTHER, That a New Baltimore Overlay District should seek to ensure

additional economic development along New Baltimore’s Route 29 corridor and within its

commercial area.

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A Resolution to Schedule a Public Hearing to Consider a Tax Exemption Request of the

Middleburg Humane Foundation

RESOLUTION

A RESOLUTION DIRECTING THE COUNTY ADMINISTRATOR TO SCHEDULE A

PUBLIC HEARING TO CONSIDER THE TAX EXEMPTION REQUEST OF

MIDDLEBURG HUMANE FOUNDATION

WHEREAS, the Middleburg Humane Foundation is a 501(c)(3) organization which has

been offered a donation of real property in Fauquier County; and

WHEREAS, the Foundation has requested that it be granted a property tax exemption in

order to permit it to be better able to use its financial resources for charitable purposes; and

WHEREAS, prior to granting a charitable organization an exemption from property tax

the Board of Supervisors must conduct a public hearing and adopt an ordinance granting the

exemption; now, therefore, be it


day of January, 2014,

That the County Administrator be, and is hereby, directed to schedule a public hearing to

consider the request of the Middleburg Humane Foundation for a property tax exemption.

A Resolution to Authorize the Acceptance and Appropriation of the Asset Forfeiture Grant

Program Awarded by the Commonwealth of Virginia, Office of the Attorney General

RESOLUTION

A RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF THE

ASSET FORFEITURE GRANT PROGRAM AWARDED BY THE COMMONWEALTH OF

VIRGINIA, OFFICE OF THE ATTORNEY GENERAL

WHEREAS, Fauquier County Sheriff’s Office has been awarded a grant for the

purchase of law enforcement equipment by the Commonwealth of Virginia, Office of the

Attorney General, totaling $36,125; and

WHEREAS, this equipment includes 50 active shooter bags, ballistic shields, and spare

firearm magazines; and

WHEREAS, this equipment will be used in high-risk situations by First Responders to

mitigate the impact of serious and traumatic bodily injuries to the officers and/or citizens

involved until emergency services personnel arrive; and

WHEREAS, the grant does not require a local match component; now, therefore, be it

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RESOLVED, by the Fauquier County Board of Supervisors this 9th

day of January

2014, That the Board of Supervisors does hereby accept this grant award; and, be it

RESOLVED FURTHER, That the Board of Supervisors hereby appropriates grant funds

in the amount of $36,125 for the purchase of law enforcement equipment, and authorizes the

Office of Management and Budget and the Finance Department to process the budget

adjustments required for this appropriation.

A Resolution to Authorize the Acceptance and Appropriation of the Airport Promotional

Grant Awarded by the Commonwealth of Virginia Department of Aviation (DOAV)

RESOLUTION


AIRPORT PROMOTIONAL GRANT AWARDED BY THE COMMONWEALTH OF

VIRGINIA DEPARTMENT OF AVIATION

WHEREAS, Warrenton-Fauquier Airport has been awarded a grant for the purchase of

advertisements in the Piedmont Business Journal by the Commonwealth of Virginia

Department of Aviation (DOAV) totaling $1,245.00; and

WHEREAS, these advertisement services will be used in four issues of the Piedmont

Business Journal to promote the use of the Warrenton-Fauquier Airport; and

WHEREAS, the grant requires a fifty percent local match component, of which

Warrenton-Fauquier Airport has committed $623.00 from their current operating budget; now,

therefore, be it


day of January



in the amount of $623.00 for the purchase of advertisements in the Piedmont Business Journal,

and authorizes the Office of Management and Budget and the Finance Department to process the

budget adjustments required for this appropriation.

13

A Resolution to Authorize the Acceptance and Appropriation of Additional Funding for

the Beacon Relocation Construction Project by the Commonwealth of Virginia Department

of Aviation (DOAV)

RESOLUTION

A RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF

ADDITIONAL FUNDING FOR THE BEACON RELOCATION CONSTRUCTION

PROJECT AWARDED BY THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF

AVIATION

WHEREAS, Warrenton-Fauquier Airport has been awarded a grant for the final

construction costs of the Beacon Relocation program by the Commonwealth of Virginia

Department of Aviation (DOAV) totaling $3,242.00; and

WHEREAS, the grant does not require a local match component; and now, therefore, be

it


day of January



in the amount of $3,242.00 for the completion of the Beacon Relocation Construction, and

authorizes the Office of Management and Budget and the Finance Department to process the


A Resolution to Authorize the Acceptance and Appropriation of the 2013 Virginia Locality

Stormwater Program Development Phase II Grant Awarded by the Virginia Department

of Environmental Quality (DEQ)

RESOLUTION


2013 VIRGINIA LOCALITY STORMWATER PROGRAM DEVELOPMENT PHASE II

GRANT AWARDED BY THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL

QUALITY (DEQ)

WHEREAS, Community Development has been awarded a grant for the completion of

Stormwater Program Development Phase II totaling $36,576.00; and

WHEREAS, this grant will enable Fauquier County to complete Phase II Stormwater

Development with the support PondPack software, Apple iPads, a computer accessible to the

public, a hand-held GPS, and a temporary staff member to design a new County BMP database

in order to track new facilities, their maintenance, and inspections; and

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WHEREAS, the grant requires a fifty percent local match component, of which

Community Development has committed $18,288.00 from their current operating budget; and

WHEREAS, a requirement of this grant is a Governing Body Resolution in order to

obtain grant funds from the Department of Environmental Quality; now, therefore, be it

RESOLVED, by the Fauquier County Board of Supervisors this 9th

day of January



in the amount of $18,288.00 for the completion of Stormwater Program Development Phase II,

and authorizes the Office of Management and Budget and the Finance Department to process the


A Resolution to Authorize the Extension of the Agreement for Shared Use of the Public

Safety Radio System Facilities

RESOLUTION

A RESOLUTION TO AUTHORIZE THE EXTENSION OF THE AGREEMENT WITH

CULPEPER COUNTY FOR SHARED USE OF THE PUBLIC SAFETY SYSTEM

FACILITIES

WHEREAS, there is an existing agreement with Culpeper County that provides for

Culpeper to share in the maintenance costs of shared equipment supporting the public safety

radio system; and

WHEREAS, the agreement provides funds annually to Fauquier to cover 7% of certain

maintenance costs; and

WHEREAS, Culpeper and Fauquier Counties wish to extend the existing agreement for a

three year period; now, therefore, be it



That the Fauquier County Board of Supervisors hereby authorizes the County Administrator to

extend the agreement with Culpeper County for shared use of the public safety radio system

facilities.

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A Resolution to Initiate a Zoning Ordinance Text Amendment to Allow Travel Trailer

Parks in Rural Agricultural (RA) Zoning Districts

RESOLUTION

A RESOLUTION TO INITIATE A ZONING ORDINANCE TEXT AMENDMENT TO

ARTICLE 3 TO MODIFY THE APPROVAL REQUIREMENTS FOR

TRAVEL TRAILER PARKS

WHEREAS, the Zoning Ordinance currently permits certain outdoor recreational uses in

the Rural Agriculture (RA) zoning district; and

WHEREAS, Fauquier County seeks to expand the type of outdoor recreational uses

permitted in the Rural Agriculture (RA) zoning district by permitting travel trailer parks; and

WHEREAS, consideration of amendment to Article 3 related to approval requirements

for travel trailer parks supports good zoning practice, convenience and the general welfare; now,

therefore, be it



That amendment to Article 3 related to approval requirements for travel trailer parks be, and is

hereby, initiated and referred to staff for analysis and preparation of an appropriate amendment

and referred to the Planning Commission for public hearing and recommendation.

A RESOLUTION TO AMEND THE FY 2014 ADOPTED BUDGET BY $3,991,618

Mr. Granger moved to adopt the following Resolution. Mr. Schwartz seconded and,

following discussion, the vote for the motion was unanimous as follows:



Nays: None


Abstention: None

RESOLUTION

A RESOLUTION TO AMEND THE FY 2014 ADOPTED BUDGET BY $3,991,618

WHEREAS, the Fauquier County Board of Supervisors is charged by the Code of

Virginia with the preparation of an annual budget for Fauquier County; and

WHEREAS, on April 11, 2013, the Board of Supervisors adopted the Fauquier County

FY 2014 Budget; and

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WHEREAS, at its meeting on November 14, 2013, staff presented a discussion of the

County’s fiscal status at the end of FY 2013; and

WHEREAS, during its presentation staff provided recommendations to appropriate

funding for incomplete projects and other needs to the FY 2014 budget; and

WHEREAS, staff recommended for FY 2014; appropriations of $166,571 to the General

Fund; $113,656 to the Warrenton-Fauquier Airport Enterprise Fund, $1,110,132 to the Capital

Improvement Fund, $548,660 to the Conservation Easement Service District Fund, $215,175 to

the Debt Service Fund, $897,293 to the School Division Asset Replacement Fund, $73,519 to the

School Division Operating Fund; $146,001 to the Regional Governor’s School Fund; $720,611

to the Volunteer Fire and Rescue Fund; and transfers of $819,569 from the Capital Improvement

Fund; and

WHEREAS, the Board of Supervisors hereby accepts grant funding in the amount of

$127,569 from the Virginia Department of Health’s Office of Emergency Medical Services for

the Rescue Squad Assistance Fund grant program for the purchase of training equipment; and

WHEREAS, the Code of Virginia § 15.2-2507 requires a public hearing when

amendments to the budget exceed 1% of total expenditures; and

WHEREAS, public hearings were held on November 14, 2013 and December 12, 2013;

now, therefore, be it

RESOLVED, That the Office of Management and Budget and Finance Department are

authorized to process the necessary budget adjustments required for the appropriations and

transfers; and, be it

RESOLVED FURTHER by the Fauquier County Board of Supervisors this 9th

day of

January 2014, That FY 2014 Budget be, and is hereby, amended in the amount of $3,991,618 as

indicated on the attached summary.

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Recipient Fund/Agency Source Fund Description Amount

General Fund Commissioner of the Revenue General Fund Balance of assessment services budget $ 8,605

Commissioner of the Revenue General Fund Balance of technology hardware budget for imaging project 2,672

County Administration General Fund PD9 Continuum of Care grant match - proportionate share 7,000

County Administration General Fund Energy management review 2,000 Community Development General Fund Stream/Rain Gages project - RRBC 14,000

Fire, Rescue, & Emergency Mgmt State Grant Funding Rescue Squad Assistance Fund Equipment Grant 127,569

Fire, Rescue, & Emergency Mgmt General Fund – Capital Reserve Replenishment

Rescue Squad Assistance Fund Equipment Grant 127,569

Fire, Rescue, & Emergency Mgmt Federal Grant Funding Local Emergency Management Performance Grant award 4,725

Sheriff's Office General Fund - Capital Reserve Replenishment In-car camera replacement 50,000

Total General Fund $344,140

Airport Enterprise Fund General Fund

Forgiveness of long-term receivable to General Fund $ 113,656

Capital Improvement Fund County Administration General Fund County Capital Reserve replenishment $ 1,110,132

Board of Supervisors General Fund - Capital Reserve Replenishment

Year One Commitment to Greenville/KHS 2nd entrance 300,000

Office of Management & Budget General Fund - Capital Reserve Replenishment Sequestration QSBC funding clawback reserve 37,000

Total Capital Improvement Fund $ 1,447,132

Conservation Easement Service District Fund

Conservation Easement Service District Fund Unexpended balance $ 548,660

County Asset Replacement Fund

Parks and Recreation General Fund - Capital Reserve Replenishment Vint Hill Theater AC repair $ 20,000

County Administration/General Services

General Fund - Capital Reserve Replenishment

Annual Vehicle Replacement Funding (non-Sheriff's vehicles) 100,000

Total County Asset Replacement Fund $ 120,000

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Debt Service Fund General Fund

Variance to FY2014 adopted budget use of fund balance $ 215,175

Landfill Enterprise Fund

General Fund - Capital Reserve Replenishment Additional well site land purchase $ 65,000

School Division Asset Replacement Fund General Fund Student Information System $ 326,450

Energy Management Controls 422,843

Safety and Security upgrades 113,000

Dishwasher for Mary Walter Elementary School 35,000

Total School Division Asset Replacement Fund $ 897,293

School Division Operating Fund General Fund Technology upgrades $ 48,519

Crisis training 25,000

Total School Division Operating Fund $ 73,519

Regional Governor's School Fund Regional Governor's School Fund Unexpended balance $ 146,001

Utility Fund General Fund - Capital Reserve Replenishment Vint Hill Waste Water Treatment Fee $ 100,000

Utility Fund replenishment 20,000

Total Utility Fund $ 120,000

Volunteer Fire & Rescue Association Fund

Volunteer Fire & Rescue Association Fund

Warrenton Fire & Rescue Stations maintenance and repairs $ 7,995

Orlean Fire & Rescue construction project 213,974

Minitor paging system upgrades 100,000

Workers Compensation Insurance 70,000

Volunteer physicals 12,000

Volunteer recruitment materials and supplies 22,800

Technology costs - maintenance and service contracts 13,260

SMART 911 - Volunteer Association proportionate share 9,000

Medical supplies and printed materials for new EMS protocols 5,398

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Technical Support - foam purchase & repair/maint of equipment 41,457

Smokehouse Trailer - maintenance and educational materials 7,904

Maint fees and annual inspection - training trailer/burn building 6,947

Fire/rescue training instructors - additional education sessions 50,057

Upgrade training computers 14,900

Additional 800 Mhz radio purchases 10,379

Logistics vehicle purchase for equipment repair and maintenance 38,000

Fire Operations materials and supplies 10,000

Contingency 86,540

Total Volunteer Fire and Rescue Association Fund $ 720,611

Total, All Funds: $ 4,811,187

Less Transfers - Capital Reserve Replenishment Funds $ (819,569)

Total Appropriations, All Funds: $ 3,991,618

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APPOINTMENTS

The following appointments were made by unanimous consent:

Disability Service Board - Fauquier Schools/Special Education: Ms. Angie Gum was

appointed to fill an unexpired 3-year term that ends April 1, 2016.

2014 Annual Board Members Appointments to Standing Committees:

o Agricultural and Forestal District Advisory Committee: Mr. Schwartz

o Board of Supervisors / School Board Liaison Committee: Mr. Trumbo, Mr.

Granger

o Facilities Planning and Implementation Committee: Mr. Granger, Mr. Schwartz

o Finance Committee: Mr. Stribling, Mr. Schwartz

o Personnel Committee: Mr. Stribling, Mr. Sherbeyn

o Public Safety Committee: Mr. Stribling, Mr. Granger

o Town/County Liaison Committee: Mr. Trumbo, Mr. Granger

o Transportation Committee: Mr. Trumbo

o Vint Hill EDA / County Liaison Committee: Mr. Trumbo, Mr. Sherbeyn

o WSA/County Liaison Committee: Mr. Stribling, Mr. Trumbo

SUPERVISORS’ TIME

Mr. Schwartz wished everyone a happy and healthy 2014.

Mr. Granger wished everyone a happy new year. Mr. Granger extended his appreciation

to county employees such as public safety personnel, environmental services personnel,

parks and recreation personnel, and fleet maintenance personnel for braving the cold

weather to keep public services running.

Mr. Sherbeyn wished everyone a happy 2014 and said he hoped it will be better than last

year. Mr. Sherbeyn asked that Mr. Stribling be kept in prayer for continued improvement

in his health. Mr. Sherbeyn said it made him feel good that more people are getting

involved and providing their input in the public process.

Mr. Trumbo stated that the new budget season has officially begun and it is a good time

for citizens to provide their input as Board members go through the budget deliberation

process. Mr. Trumbo wished everyone a happy new year.

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ANNOUNCEMENTS

Mr. McCulla announced that members of the Board of Supervisors will attend the annual

VACo/VML Legislative Day in Richmond on February 6, 2014 to discuss pending

legislation with state delegates of the General Assembly.

Mr. McCulla announced that the next regular meeting of the Board of Supervisors will be

held on February 13, 2014, beginning at 6:30 PM in the Warren Green Building, located

at 10 Hotel Street in Warrenton, Virginia.

A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 11 AUTHORIZING

ZONING ADMINISTRATOR APPROVAL OF CERTAIN CHANGES TO EXISTING

TELECOMMUNICATION FACILITIES

A public hearing was held to consider a proposed Zoning Ordinance text amendment that

would allow the Zoning Administrator to administratively approve changes to existing and

approved telecommunication facilities that would otherwise require Special Exception approval.

These approvals would be limited to: (1) those required to be approved by the County pursuant

to the Middle Class Tax Relief and Job Creation Act of 2012; and (2) increases in heights to tree

poles necessary to provide a ten foot (10’) clearance above existing trees. On December 4, 2013,

the Planning Commission unanimously recommended approval, with minor clarifications to the

text. Kimberley A. Johnson, Zoning Administrator, summarized the proposed text amendment.

No one else spoke. The public hearing was closed. Mr. Schwartz moved to adopt the following

Ordinance. Mr. Sherbeyn seconded and, following discussion, the motion was approved by a

vote of 4 to 0 as follows:



Nays: None


Abstention: None

ORDINANCE

A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 11 AUTHORIZING

ZONING ADMINISTRATOR APPROVAL OF CERTAIN CHANGES TO EXISTING

TELECOMMUNICATION FACILITIES

WHEREAS, the Fauquier County Zoning Ordinance regulates telecommunications

facilities; and

WHEREAS, the Middle Class Tax Relief and Job Creation Act of 2012 included a

provision requiring localities to approve certain changes to existing telecommunications

facilities; and

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WHEREAS, certain other changes to approved facilities may be appropriately approved

by the Zoning Administrator where no discernible impact will occur; and

WHEREAS, Fauquier County seeks to accommodate both such approvals with the

minimum procedural requirements necessary to protect the general health, safety and welfare of

the community; and

WHEREAS, adoption of the attached amendment supports good zoning practice,

convenience and the general welfare; and

WHEREAS on December 4, 2013, the Fauquier County Planning Commission held a

public hearing on the proposed text amendment and unanimously recommended approval of a

revised version of the Ordinance; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 9th


That the following amendments to Article 11 related to administrative approval of certain

changes to existing telecommunication facilities be, and are hereby, amended as follows,

effective January 10, 2014:

Section 11-102.4 Administrative Approval of Certain Changes to Existing and Approved Facilities

Notwithstanding any provision of this Ordinance related to Special Exception requirements and

procedures on any specific Special Exception limitation or condition placed on an approved tower, the

Zoning Administrator may administratively approve through an Administrative Permit a change to an

approved tower in conjunction with Site Plan approval to allow:

1. A request for collocation, removal or replacement of transmission equipment that meets all of the

following standards:

a. the collocation, removal or replacement does not have the effect of diminishing the concealed

character of a tower originally approved as a concealed tower;

b. the mounting of the proposed antenna does not increase the height of the tower by more than 10%

of the height of the original tower or by the height needed to provide 20 feet of separation from

the closest antenna array location on the original tower, whichever is greater except that the

mounting of the proposed antenna may exceed these limits if necessary to avoid interference with

antenna existing on the original tower.

c. the mounting of the proposed antenna would not involve the installation of more than the

standard number of new equipment cabinets for the technology involved, not to exceed four, or

more than one new equipment shelter. New equipment shelters and cabinets shall be located

within the existing compound if technically feasible and, if they require expansion of the

equipment compound, shall meet all setback requirements and be fully screened from view.

c. the mounting of the proposed antenna would not involve adding an appurtenance to the tower that

would protrude from the edge of the original tower more than 20 feet or more than the width of

the tower at the level of the appurtenance, whichever is greater except that the mounting of the

proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the

antenna from inclement weather or to connect the antenna to the tower via cable; and

d. the mounting of the proposed antenna would not involve excavation outside the original tower

site, defined as the boundaries of the leased or owned property surrounding the tower and any

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access or utility easements currently related to the site, as shown on the originally approved Site

Plan for the tower.

e. the mounting of the proposed antenna would not require lighting be provided on a previously

unlit tower; does not substantially change the physical dimensions. For purposes of this

provision, “substantially change” shall be as established by the Middle Class Tax Relief and Job

Creation Act of 2012 and interpreted by FCC guidance on the issue published January 25, 2013

(DA 12-2047).

2. An increase in height for a tree pole provided the increase in height does not exceed 25 feet or 10 feet

above the height of existing trees within 50 feet of the tower or 25 feet, whichever is less.

A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLES 3 AND 5 ALLOWING EXISTING SINGLE-FAMILY DETACHED RESIDENCES IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS AS A BY-RIGHT USE

A public hearing was held to consider a Zoning Ordinance text amendment to Articles 3 and 5 allowing existing single-family detached residences in the Commercial and Industrial Districts as a by-right use. The Fauquier County Zoning Ordinance prohibits single-family detached residential units in commercial and industrial districts throughout the County except within the Commercial-1 (C-1) and Commercial Village (CV) districts, where single-family detached units are allowed with approval of a Special Permit. Where there are existing homes in these districts, owners are significantly limited in their abilities to expand the homes or add accessory structures, such as a shed. This text amendment would allow all existing homes in such districts by-right, providing flexibility to the property owner for improvements and normal accessory uses and structures. New houses constructed on C-1 or CV lots would continue to require a Special Permit and not be allowed in the other commercial or industrial districts. On December 4, 2013, the Planning Commission unanimously recommended approval of an amended version of this text amendment. Kimberley A. Johnson, Zoning Administrator, summarized the proposed amendment. No one else spoke. The public hearing was closed. Mr. Sherbeyn moved to adopt the following Ordinance. Mr. Schwartz seconded and, following discussion, the motion was approved by a vote of 4 to 0 as follows:



Nays: None


Abstention: None

ORDINANCE

A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLES 3 AND 5 ALLOWING

EXISTING SINGLE-FAMILY DETACHED RESIDENCES IN THE COMMERCIAL AND

INDUSTRIAL DISTRICTS AS A BY-RIGHT USE

WHEREAS, the Fauquier County Zoning Ordinance prohibits single-family detached

residential units in commercial and industrial districts throughout the County except within the

Commercial-1 (C-1) and Commercial Village (CV) districts, where single-family detached units

are allowed with approval of a Special Permit; and

24

WHEREAS, existing residences are located in these commercial and industrial districts;

and

WHEREAS, the County seeks to allow those lots already developed with single-family

residential units the flexibility necessary to continue as residences; and

WHEREAS, revisions to Article 3 and Article 5 are necessary to accomplish this goal;

and

WHEREAS, on October 13, 2013, the Fauquier County Board of Supervisors initiated

this text amendment; and

WHEREAS, on December 4, 2013, the Fauquier County Planning Commission held a

public hearing on the proposed text amendment and unanimously recommended approval of a

revised version of the Ordinance; and

WHEREAS, adoption of the attached amendment supports good zoning practice,

convenience and the general welfare; now, therefore, be it



That the following amendments to Article 3 and Article 5 regarding single-family detached units

in the commercial and industrial districts be, and are hereby amended as follows:

SITE RC RA

RR-

2 V

R-

1

R-

2

R-

3

R-

4 TH GA MDP

C-

1 C-2 C-3 CV BP I-1 I-2

PLAN

3-301 RESIDENTIALUSES (CATEGORY 1)

1. Residential Development

a. Dwelling, Single Family

Detached P P P P P P P P P

P23

SP P

23 P

23

P23

SP P23

P23

b. Dwelling, Single Family SE SE SE SE C C C C P P

Attached X C C C C

c. Dwelling, Multi-Family X P P

d. Dwelling above

Commercial X SE

2. Dwelling, Manufactured A P** A A A A A A P (1)

3. Accessory Dwelling Unit A A A A A A A

4. Dwelling Duplex SE SE SE SE SE SE SE

FOOTNOTES:

23. Single-Family Detached Residential Units are permitted by-right on lots where such houses legally existed prior

to January 9, 2014, to include the replacement and expansion of such residences, the construction of accessory

structures customarily found with residential uses, except in no case shall an accessory dwelling unit be

allowed. Single-family uses shall be subject to the use regulations set forth in Part 4 of Article 3 for

conventional single-family residential development in the R-4 zoning district. New dwellings are only

permitted in the CV and C-1 Districts on newly created lots or lots where a house did not exist as of January 9,

2014, subject to approval of a Special Permit and the standards set forth in Section 5-103.1

25

PART 1 5-100 CATEGORY 1 RESIDENTIAL USES

5-103 Standards for Residential Uses

In addition to the standards set forth in Section 5-006 above, all residential uses

shall satisfy the following standards:

1. Single Family Detached Dwellings (C-1 and CV)

a. Within the C-1 zoning district, a single family detached unit may only be

constructed on a lot existing as of January 1, 2004, and only by approval

of a special permit. Lots created by subdivision after January 1, 2004,

may not be developed with single family residential dwellings.

Additions to existing single family residential dwellings may also be

approved by special permit.

b. Residential uses allowed by special permit in such districts shall be of

such scale as to avoid conflict with existing and potential commercial

uses in the district where located.

c. Single family uses shall be subject to the use regulations set forth in Part

4 of Article 3 for conventional single family residential development in

the R-4 zoning district.

A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 15-300 CREATING A

DEFINITION FOR "FIRING RANGE, SKEET OR TRAPSHOOTING"

A public hearing was held to consider a proposed text amendment that creates a

definition for the "Firing Range, Skeet or Trapshooting" use allowed by Special Exception

pursuant to Section 3-309.3 of the Zoning Ordinance in several districts. Currently no definition

exists. The definition includes language explicitly allowing small-scale manufacturing and sales

as an accessory use. On December 4, 2013, the Planning Commission recommended approval of

a revised version of the Ordinance with a vote of 4-1. Kimberley A. Johnson, Zoning

Administrator, summarized the proposed amendment. Dan Gisselquist, Scott District, spoke in

support of the accessory use, but disagreed with the location of the definition within the Zoning

Ordinance. No one else spoke. The public hearing was closed. Mr. Sherbeyn moved to adopt

the following Resolution. Mr. Trumbo seconded and, following discussion, the motion was

approved by a vote of 4 to 0 as follows:



Nays: None


Abstention: None

26

ORDINANCE

A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 15-300 CREATING A

DEFINITION FOR "FIRING RANGE, SKEET OR TRAPSHOOTING"

WHEREAS, the Fauquier County Zoning Ordinance regulates “Firing Range, Skeet or

Trapshooting” facility as a use set forth in Section 3-309.3; and

WHEREAS, the Fauquier County Zoning Ordinance does not define the “Firing Range,

Skeet or Trapshooting” facility; and

WHEREAS, Fauquier County desires that the definition for “Firing Range, Skeet or

Trapshooting” facility clarify the extent and nature of accessory uses allowed with such use; and

WHEREAS, on October 31, 2013, the Fauquier County Planning Commission initiated

this text amendment; and


public hearing on the proposed text amendment and recommended approval of a revised version

of the Ordinance by a vote of 4-1; and

WHEREAS, adoption of the attached amendment to Section 15-300 adding a definition

for “Firing Range, Skeet or Trapshooting” facility supports good zoning practice, convenience

and the general welfare; now, therefore, be it



That the amendment to Section 15-300 be, and is hereby, amended to add the following:

15-300 Definitions

FIRING RANGE, SKEET or TRAPSHOOTING: The use of a structure or land for

archery and/or the discharging of firearms for the purposes of target practice, skeet and

trap shooting or other recreational uses. Accessory uses, such as the production and sale

of firearm accessories and gunsmithing, are permitted provided they are clearly

subordinate to the Range, except that the retail sale of firearms or ammunition shall not

be permitted as an accessory use unless specifically authorized by the Board of

Supervisors in the approval of the Special Exception.

A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLES 3 AND 5 TO PERMIT VETERINARY CLINICS AND TO MODIFY THE APPROVAL REQUIREMENTS FOR MOTOR FREIGHT TERMINALS IN THE INDUSTRIAL PARK (I-1) ZONING DISTRICT

A public hearing was held to consider a text amendment to Articles 3 and 5 of the Zoning Ordinance. This text amendment contains two (2) parts. The first part adds Veterinary Clinics as a permitted by-right use in the Industrial Park (I-1) zoning district. Currently, the Zoning

27

Ordinance does not allow Veterinary Clinics within the I-1 district. The second part modifies the approval requirements for Motor Freight Terminals within the I-1 district. Currently, Motor Freight Terminals are permitted in the I-1 district by approval of a Special Exception. This amendment changes Motor Freight Terminals to a use permitted by approval of an Administrative Permit by the Zoning Administrator provided certain standards are satisfied. If the standards cannot be satisfied the use would continue to require the approval of a Special Exception by the Board of Supervisors. On December 4, 2013, the Planning Commission conducted a public hearing and forwarded a recommendation to the Board of Supervisors by a 3-2 vote. The Planning Commission recommendation included amending Veterinary Clinics to a by-right permitted use in the I-1 district with no change to the Motor Freight Terminals. Therefore, Motor Freight Terminals would continue to require approval of a Special Exception. Chuck A. Floyd, Assistant Chief of Zoning and Development Services, summarized the proposed amendments. No one else spoke. The public hearing was closed. Mr. Sherbeyn moved to adopt the following Ordinance. Mr. Granger seconded and, following discussion, the motion was approved by a vote of 4 to 0 as follows:



Nays: None


Abstention: None

ORDINANCE

A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLES 3 AND 5 TO PERMIT VETERINARY CLINICS AND TO MODIFY THE APPROVAL REQUIREMENTS FOR

MOTOR FREIGHT TERMINALS IN THE INDUSTRIAL PARK (I-1) ZONING DISTRICT

WHEREAS, the Zoning Ordinance currently permits certain commercial uses in the Industrial Park (I-1) zoning district; and

WHEREAS, Fauquier County seeks to expand the type of commercial uses permitted in

the Industrial Park (I-1) zoning district by permitting veterinary clinics; and WHEREAS, Fauquier County currently allows motor freight terminals in the Industrial

Park (I-1) zoning district with approval of a Special Exception; and WHEREAS, Fauquier County seeks to amend the approval requirements and limitations

for motor freight terminals in the I-1 district to facilitate business development within the County; and

WHEREAS, on November 14, 2013, the Fauquier County Board of Supervisors initiated

this text amendment; and WHEREAS on December 4, 2013, the Fauquier County Planning Commission held a

public hearing on the proposed amendment, and by a vote of 3-2, recommended its approval; and

WHEREAS, adoption of the attached amendments to Sections 3-300 and 5-2103 support good zoning practice, convenience and the general welfare; now, therefore, be it

28

ORDAINED by the Fauquier County Board of Supervisors this 9th day of January 2014, That the amendments to Sections 3-300 and 5-2103 regarding the approval requirements for veterinary clinics and motor freight terminals be, and are hereby, amended as follows:

PART 21 5-2100 CATEGORY 21 TRANSPORTATION 5-2103 Additional Standards for Motor Freight Terminals in the I-1 Zoning District

1. Motor Freight Terminals shall be permitted in the I-1 Zoning District by approval of an Administrative Permit provided that the following standards are satisfied:

a. The maximum area occupied by the use is ten (10) acres. b. The property shall have direct access to and a minimum of three

hundred (300) feet of frontage on a road designated as a principal arterial (or higher) in the Comprehensive Plan, provided further that all truck traffic ingress/egress to the use occurs on said road. Ingress/egress to other roads/streets is prohibited.

c. All outdoor storage of trucks and trailers shall be clearly delineated on the Site Plan and completely screened from view from all public streets and rights-of-way.

d. No more than fifty (50) trucks and trailers shall be stored on-site. e. A one hundred foot (100) landscape buffer shall be provided

where the use adjoins rural and residential districts. f. Such use shall not significantly reduce, impede or conflict with

neighboring uses. g. Retail sales connected with the use shall be prohibited. h. The use shall be located and designed so that vehicular

circulation shall not conflict with traffic movements on adjacent streets, service drives, driveways and/or parking areas.

i. The traffic generated by the use shall not cause an undue impact on neighboring properties or adversely affect safety of road usage.

j. All outdoor areas used for parking and storage shall be constructed and maintained with an all-weather dustless surface.

k. The property shall be located within a Service District.

2. A Special Exception is required for all Motor Freight Terminals that do not satisfy the standards outlined above.

29

2. V

eterinary

Clin

icX

SPSP

SPSP

PP

PSP

PP

3. M

oto

r freight term

inal

XSP

A/SE

SE

GA

MD

PC

-1C

-2S

ITE

PL

AN

RC

R-3

RA

RR

-2V

R-1

R-2

3-3

13

CO

MM

ER

CIA

L B

US

INE

SS

AN

D P

ER

SO

NA

L S

ER

VIC

ES

(CA

TE

GO

RY

13

)

3-3

21

TR

AN

SP

OR

TA

TIO

N (C

AT

EG

OR

Y 2

1)

C-3

CV

BP

I-1I-2

R-4

TH

30

A RESOLUTION TO APPROVE SPEX14-MA-003, SPEX14-MA-004, AND SPEX14-MA-005 - BLACKTHORNE INN & RESTAURANT - AN APPLICATION FOR A CATEGORY 7 SPECIAL EXCEPTION FOR AN ADAPTIVE USE TO CONTINUE THE OPERATION OF A RESTAURANT; A CATEGORY 9 SPECIAL EXCEPTION TO CONTINUE THE OPERATION OF A RESORT; AND A CATEGORY 9 SPECIAL EXCEPTION TO HOLD CLASS "C" EVENTS (PIN 6044-67-8620-000, MARSHALL DISTRICT)

A public hearing was held to consider an application submitted by Stone Creek Group, LLC, Owner and Shane O'Connor, Applicant, requesting a Category 7 Special Exception for an adaptive use to continue the operation of a restaurant; a Category 9 Special Exception to continue the operation of a resort; and, a Category 9 Special Exception to hold Class "C" events. The property is located at 10087 John S. Mosby Highway in Upperville. On December 4, 2013, the Planning Commission unanimously recommended approval of the applications. Holly Meade, Acting Chief of Planning, summarized the application. Amy Pritchard, of Carson, Ashley & Associates, provided an overview of the application and requested favorable consideration for the application. No one else spoke. The public hearing was closed. Mr. Schwartz moved to adopt the following Resolution. Mr. Granger seconded and, following discussion, the motion was approved by a vote of 4 to 0 as follows:



Nays: None


Abstention: None

RESOLUTION

A RESOLUTION TO APPROVE SPEX14-MA-003, SPEX14-MA-004, AND SPEX14-MA-005

– BLACKTHORNE INN & RESTAURANT – AN APPLICATION FOR A CATEGORY 7

SPECIAL EXCEPTION FOR AN ADAPTIVE USE TO CONTINUE THE OPERATION OF A

RESTAURANT; A CATEGORY 9 SPECIAL EXCEPTION TO CONTINUE THE

OPERATION OF A RESORT; AND A CATEGORY 9 SPECIAL EXCEPTION TO HOLD

CLASS “C” EVENTS (PIN 6044-67-8620-000, MARSHALL DISTRICT)

WHEREAS, Shane O’Connor, applicant, has requested Special Exception approval to

continue the operation of a restaurant and resort, and to hold various events on the property; and

WHEREAS, on September 26, 2013, the Fauquier County Planning Commission held a

public hearing on the proposed Special Exception requests and unanimously postponed action on

the applications due to unresolved issues; and

WHEREAS, on November 7, 2013, the Fauquier County Board of Zoning Appeals

approved a variance to Zoning Ordinance standard 5-916.3, permitting Class “C” events in a

structure within 100 feet of the front property line with approval of a Special Exception; and

31


public hearing on the proposed Special Exception requests and unanimously recommended

approval of the applications; and

WHEREAS, on January 9, 2014, the Board of Supervisors conducted a public hearing

and considered written and oral testimony; and

WHEREAS, the Planning Commission and Board of Supervisors find that less restrictive

standards related to acreage do not negatively impact any other general or specific standard

contained in Article 5 for these uses and will serve the purposes of promoting public health,

safety and welfare to an equivalent degree; and

WHEREAS, the Board of Supervisors has determined that the applications satisfy the

standards of Zoning Ordinance Sections 5-006, 5-702, 5-906, and 5-916; now, therefore, be it



That SPEX14-MA-003, SPEX14-MA-004, and SPEX14-MA-005 be, and are hereby, approved,

subject to the following conditions:

1. The Special Exception is granted for the purposes(s), structure(s), and/or uses indicated

on the Special Exception Plat prepared by Carson Ashley titled “Category 7 & 9

Special Exception Blackthorne Inn” dated July 15, 2013 and the “Entrance Exhibit”

dated November 6, 2013, except as specifically modified by the conditions below or as

may be necessary to meet Zoning Ordinance and engineering requirements.

2. The transportation improvements shown on the “Entrance Exhibit” prepared by Carson

Ashley dated November 6, 2013 shall be completed within six months of Site Plan

approval.

3. Class “C” events are limited to a maximum of 30 events per year with a maximum of

120 guests. Events shall be limited to arts and crafts shows; family reunions; wedding

ceremonies and receptions and similar receptions; picnics, barbecues, and other similar

activities such as corporate retreats; education seminars; and community-related arts,

cultural and educational activities.

4. The hours of operation for all Class “C” events shall be limited to the hours of 9:00

a.m. to 11:00 p.m. Class “C” events which start on December 31st shall be permitted to

operate until 1:00 a.m. January 1st. All activities relating to the Class “C” events,

including event preparation and breakdowns, shall cease one (1) hour after the

scheduled end of the event.

5. Related to Class “C” events, music associated or other amplified sound shall be

allowed from 10:00 a.m. until the end of the event. Sound from any event, including

events with music (amplified and non-amplified), shall not exceed sixty (60) dB at any

property line.

32

6. All music related to the restaurant and pub shall be acoustic and shall be performed

indoors.

7. The total number of guests on-site at any one time shall not exceed 200.

8. No activities or events shall result in more than the authorized occupancy limits under

the Health Department septic permit. The applicant shall provide a copy of the

approved upgraded Health Department septic permit for the restaurant and events to the

Department of Community Development.

9. The applicant shall maintain at all times occupancy permits for all dwelling and guest

units, Health Department approvals, and proof that State fire codes are met.

10. The applicant shall submit to the Health Department and the Department of Community

Development the results of quarterly water testing as required by the State for bed and

breakfast and full food service restaurants.

11. Applicant shall provide for the shielding of lighting located at the property entrance

along Route 50 to mitigate off-site impacts. All lighting on-site shall conform to the

Fauquier County Zoning Ordinance.

12. Flowering shrubs shall be planted between the existing rock wall and parking lot. All

parking lot landscaping shall be maintained, which requires replacement in the result of

damage or death.

13. All signage, including temporary signs, shall require appropriate permits from the

Department of Community Development.

14. As stated in the Fauquier County Zoning Ordinance 5-916(6), the Zoning Administrator

shall be notified no less than 30 days prior to any Class “C” event. This notice shall

include the date, time, and type of event and copies of any required permits or licenses

from the Sherriff’s Office, VDOT, Emergency Services Office, and Health Department.

Should the existing Zoning Ordinance be amended, this provision shall conform to the

amended Zoning Ordinance.

33

15. In the event of a fire or other property-related casualty affecting the historic structure

for which adaptive use is granted hereunder, the structure must be substantially restored

to its condition prior to the casualty in order for the adaptive use to remain legally

permissible. If such restoration is not completed within two years of the occurrence of

such casualty, then the adaptive use permitted hereunder shall no longer be allowed and

the Special Exception therefore shall be null and void.

16. All commercial activities permitted hereunder, and the structure or structures in which

they are conducted, shall be subject to all applicable building code regulations, as well

as applicable regulations promulgated by the Virginia Departments of Health and

Transportation.

17. All alterations and additions to existing historic structures, all additional accessory

structures, including signs, shall be designed and constructed in a manner that conforms

to the United States Secretary of Interior’s Standards for Rehabilitation and Guidelines

for Rehabilitating Historic Buildings. A RESOLUTION TO APPROVE SEAM14-MA-002 - SPRINT - DETTRA/LOVERS LANE - AN APPLICATION FOR A CATEGORY 20 SPECIAL EXCEPTION AMENDMENT TO INSTALL ONE (1) NEW MICROWAVE DISH ON AN EXISTING TELECOMMUNICATIONS TOWER (PIN 6983-60-1777-000, MARSHALL DISTRICT)

A public hearing was held to consider an application for an amendment to a previously approved Special Exception to install one (1) microwave dish on an existing guyed telecommunications tower 320 feet in height. The dish would be 24 inches in diameter and installed at the 170 foot elevation. The property is located at 6546 Lovers Lane, Warrenton. On December 4, 2013, the Planning Commission unanimously recommended approval of the application with conditions. Wendy Wheatcraft, Preservation Planner, summarized the application. No one else spoke. The public hearing was closed. Mr. Schwartz moved to adopt the following Resolution. Mr. Granger seconded and, following discussion, the motion was approved by a vote of 4 to 0 as follows:



Nays: None


Abstention: None

RESOLUTION

A RESOLUTION TO APPROVE SEAM14-MA-002 – SPRINT – DETTRA/LOVERS LANE –

AN APPLICATION FOR A CATEGORY 20 SPECIAL EXCEPTION AMENDMENT TO

INSTALL ONE (1) NEW MICROWAVE DISH ON AN EXISTING

TELECOMMUNICATIONS TOWER (PIN 6983-60-1777-000, MARSHALL DISTRICT)

WHEREAS, the applicant has requested a Category 20 Special Exception Amendment to

allow for the installation of one (1) new microwave dish on an existing telecommunications

tower; and

34

WHEREAS, microwave dish antennas require Special Exception approval in accordance

with Section 11-102.1(1) of the Zoning Ordinance; and

WHEREAS, on December 4, 2013, the Fauquier County Planning Commission

conducted a public hearing on the proposed Special Exception Amendment and recommended

approval of the application; and



WHEREAS, the Board of Supervisors has determined that the application satisfies the

standards of Zoning Ordinance Sections 5-006, 5-2002, and 11-100; now, therefore, be it



That SEAM14-MA-002 be, and is hereby, approved, subject to the following conditions:

1. This Special Exception Amendment is granted only for the purpose(s), structure(s) and/or

uses indicated, and shall be in general conformance with the Special Exception Plat titled

“Sprint Washington DC Dettra Site Plan, Site Number WA54XC452,” dated August 6,

2013, and approved with the application, except as modified by the following conditions

of development.

2. Space on the top of the tower shall be reserved for Fauquier County Sheriff’s Department

and Emergency Services.

3. The Special Exception is limited to the existing tower.

4. No commercial advertising or signs shall be permitted on the tower or associated

structures.

5. With the exception of minor maintenance, the applicant shall retain the existing

landscaping around the tower compound to maintain a vegetative screen from public

view.

6. Any wireless communications system operator shall take all necessary steps to resolve

any radio frequency interference between a wireless communications system on the tower

and any present or future County public safety wireless communications system.

7. The microwave dish shall be of a material or color that matches the exterior of the

existing telecommunications tower.

8. The height of the tower shall not exceed 320 feet.

9. The applicant shall provide proof that the tower meets the structural requirements

established in the Structural Standard for Antenna Supporting Structures and Antennas,

ANSI/TIA-222-G prior to approval of the Site Plan.

35

10. Signals, lights or illumination shall not be permitted on the tower or any antenna, unless

required by the Federal Communications Commission (FCC), the Federal Aviation

Administration (FAA), State or Federal authorities, or the County.

11. Annual Report. The owner of each antenna or tower shall submit a report to the Zoning

Administrator once a year, no later than July 1. The report shall state the current user

status of the tower.

12. Removal of the facility is subject to the terms identified in the Zoning Ordinance. The

site shall be restored as closely as possible to its original condition.

A RESOLUTION TO APPROVE SEAM14-LE-003 - SPRINT/OPAL ROAD - AN APPLICATION FOR A CATEGORY 20 SPECIAL EXCEPTION AMENDMENT TO INSTALL TWO (2) NEW MICROWAVE DISHES ON AN EXISTING TELECOMMUNICATIONS TOWER (PIN 6980-18-5425-000 AND PIN 6980-18-3105-000, LEE DISTRICT)

A public hearing was held to consider an application for an amendment to a previously approved Special Exception to install two (2) microwave dishes on an existing telecommunications tower 186 feet in height. The dishes would be 24 inches and 36 inches in diameter and installed at the 137 foot elevation. The property is located at 7203 Opal Road, Warrenton. On December 4, 2013, the Planning Commission unanimously recommended approval of the application with conditions. Wendy Wheatcraft, Preservation Planner, summarized the application. No one else spoke. The public hearing was closed. Mr. Sherbeyn moved to adopt the following Resolution. Mr. Granger seconded and, following discussion, the motion was approved by a vote of 4 to 0 as follows:



Nays: None


Abstention: None

RESOLUTION

A RESOLUTION TO APPROVE SEAM14-LE-003 – SPRINT/OPAL ROAD – AN

APPLICATION FOR A CATEGORY 20 SPECIAL EXCEPTION AMENDMENT TO

INSTALL TWO (2) NEW MICROWAVE DISHES ON AN EXISTING

TELECOMMUNICATIONS TOWER (PIN 6980-18-5425-000 AND PIN 6980-18-3105-000,

LEE DISTRICT)


allow for the installation of two (2) new microwave dishes on an existing telecommunications

tower; and



36










That SEAM14-LE-003 be, and is hereby approved, subject to the following conditions:



“Sprint Washington DC NCT-Opal-P2 Site Plan, Site Number WA33XC032,” dated

August 29, 2013, and approved with the application, except as modified by the following

conditions of development.

2. The tower shall conform to all Federal Communication Commission (FCC) and Federal

Aviation Administration (FAA) regulations.





5. The tower structure of this Special Exception telecommunications request shall be a

monopole type construction.

6. The tower shall be painted appropriately so as to minimize visual impact as permitted by

FAA regulations.

7. With the exception of minor maintenance, existing landscaping shall be retained around

the tower compound.

8. The tower shall be located in the interior of the property.

9. Reasonable efforts shall be made to encourage other carriers to collocate on the tower.

10. Space for collocation shall be provided to the County public service agencies, at no cost

to the locality, on the tower and necessary space in the equipment room.

37






13. No commercial advertising or signs shall be permitted on the tower or associated

structures.

14. The microwave dishes shall be of a material or color that matches the exterior of the

telecommunications tower.

15. The applicant shall provide proof that the tower meets the structural requirements



A RESOLUTION TO APPROVE SEAM14-LE-004 - SPRINT - BEALETON/LUCK STONE - AN APPLICATION FOR A CATEGORY 20 SPECIAL EXCEPTION AMENDMENT TO INSTALL ONE (1) NEW MICROWAVE DISH ON AN EXISTING TELECOMMUNICATIONS TOWER (PIN 6898-27-5594-000, LEE DISTRICT)

A public hearing was held to consider an application for an amendment to a previously approved Special Exception to install one (1) microwave dish on an existing lattice telecommunications tower 199 feet in height. The dish would be twenty-four (24) inches in diameter and installed at the 190 foot elevation. The property is located at 6319 Cedar Ridge Road, Bealeton. On December 4, 2013, the Planning Commission unanimously recommended approval of the application with conditions. Wendy Wheatcraft, Preservation Planner, summarized the application. No one else spoke. The public hearing was closed. Mr. Sherbeyn moved to adopt the following Resolution. Mr. Schwartz seconded and, following discussion, the motion was approved by a vote of 4 to 0 as follows:



Nays: None


Abstention: None

RESOLUTION

A RESOLUTION TO APPROVE SEAM14-LE-004 – SPRINT – BEALETON/LUCK STONE –

AN APPLICATION FOR A CATEGORY 20 SPECIAL EXCEPTION AMENDMENT TO

INSTALL ONE (1) NEW MICROWAVE DISH ON AN EXISTING

TELECOMMUNICATION TOWER (PIN 6898-27-5594-000, LEE DISTRICT)

38


allow for the installation of one (1) new microwave dish on an existing telecommunications

tower; and












That SEAM14-LE-004 be, and is hereby approved, subject to the following conditions:



“Sprint Luckstone Tower Site Plan, Site Number WA33XC215,” dated September 18,

2013, and approved with the application, except as modified by the following conditions

of development.

2. The tower shall conform to all Federal Communication Commission (FCC) and Federal

Aviation Administration (FAA) regulations.





5. The tower shall be painted appropriately so as to minimize visual impact as permitted by

FAA regulations.

6. With the exception of minor maintenance, existing landscaping shall be retained around

the tower compound.

7. Reasonable efforts shall be made to encourage other carriers to collocate on the tower.

8. Space for collocation shall be provided to the County public service agencies, at no cost

to the locality, on the tower and necessary space in the equipment room.

39






11. The microwave dish shall be of a material or color that matches the exterior of the

existing telecommunications tower.

12. The applicant shall provide evidence that the tower meets the structural requirements



A RESOLUTION TO CONSIDER REZN14-LE-001 - SOUTH COAST INVESTMENTS, LLC - AN APPLICATION TO REZONE APPROXIMATELY 2.216 ACRES FROM RURAL AGRICULTURE (RA) TO INDUSTRIAL PARK (I-1) - PIN 6980-46-9756-000, LEE DISTRICT A public hearing was held to consider an application seeking to rezone 2.216 acres from Rural Agriculture (RA) to Industrial Park (I-1) on property located at 7030 Merrymount Lane in Opal. The purpose of the rezoning request is to allow commercial, industrial or retail uses permitted in the I-1 zoning district to occur on the property. The applicant's proffer statement further restricts several I-1 uses on the property. On December 4, 2013, the Planning Commission voted 3-2 to forward the application to the Board of Supervisors with a recommendation of denial. Adam Shellenberger, Senior Planner/Urban Designer, summarized the application and recommended postponing action on this matter. Amy Pritchard of Carson, Ashley & Associations, requested that the application be deferred. No one else spoke. The public hearing was closed. Mr. Trumbo moved to continue the public hearing and postpone a decision on the matter for up to 90 days. Mr. Schwartz seconded and, following discussion, the motion was approved by a vote of 4 to 0 as follows:



Nays: None


Abstention: None AN ORDINANCE TO APPROVE REZN14-CR-002 - CATLETT RETAIL REZONING - AN APPLICATION TO REZONE APPROXIMATELY 2.67 ACRES FROM RESIDENTIAL DISTRICT-1 DWELLING UNIT/ACRE (R-1) TO COMMERCIAL-NEIGHBORHOOD (C-1) TO ALLOW RETAIL USES (PIN 7922-83-3400-000, CEDAR RUN DISTRICT)

A public hearing was held to consider an application submitted by Marvin and Lois

Mast, Owners, and JR LEX, LLC, requesting to rezone approximately 2.67 acres of a 5.12-acre

parcel from Residential (R-1) to Commercial Neighborhood (C-1) in order to allow a general

retail sales establishment less than 10,000 square feet in size to locate on the property. The use is

40

permitted by-right in the C-1 zoning district. The property is located within the Catlett Service

District with a land use designation of Mixed Use. The property is situated at the intersection of

Old Dumfries Road (Route 667) and Catlett Road (Route 28) in Catlett. On December 4, 2013,

the Planning Commission unanimously recommended approval of the application. Holly Meade,

Acting Chief of Planning, summarized the application. No one else spoke. The public hearing

was closed. Mr. Sherbeyn moved to adopt the following Ordinance. Mr. Granger seconded and,

following discussion, the motion was approved by a vote of 4 to 0 as follows:



Nays: None


Abstention: None

ORDINANCE

AN ORDINANCE TO APPROVE REZN14-CR-002 – CATLETT RETAIL REZONING – AN

APPLICATION TO REZONE APPROXIMATELY 2.67 ACRES FROM RESIDENTIAL

DISTRICT – 1 DWELLING UNIT/ACRE (R-1) TO COMMERCIAL – NEIGHBORHOOD

(C-1) TO ALLOW RETAIL USES (PIN 7922-83-3400-000, CEDAR RUN DISTRICT)

WHEREAS, JR LEX, LLC (Applicant), has initiated an application to amend the

Fauquier County Zoning Map in accordance with the provision of Zoning Ordinance Section 13-

202 to rezone 2.67 acres from Residential (R-1) to Commercial-Neighborhood (C-1) with

proffers; and

WHEREAS, the parcel is located within the Catlett Service District with a land use

designation of Mixed Use and is identified as a portion of PIN 7922-83-3400-000; and

WHEREAS, the Board of Supervisors determines that the massing of the proposed

structure does not diminish the overall development’s neighborhood-scaled, pedestrian oriented

character; and

WHEREAS, the application is subject to the exhibits included with the application and

the proffers dated November 12, 2013; and


public hearing on the Rezoning request and unanimously recommended approval; and

WHEREAS, on January 9, 2014, the Fauquier County Board of Supervisors held a public

hearing on this Rezoning request and considered both oral and written testimony; and

WHEREAS, by the adoption of this Ordinance the Board of Supervisors has determined

that the public necessity, convenience, general welfare, and good zoning practice are satisfied by

this amendment to the Fauquier County Zoning Map; now, therefore, be it

41



That the Rezoning request (REZN14-CR-002), to change the Zoning Map designation of a

portion of PIN 7922-83-3400-000 from Residential (R-1) to Commercial - Neighborhood (C-2)

with proffers, be, and is hereby, approved subject to the exhibits and proffers last revised

November 12, 2013.

A RESOLUTION TO CONSIDER CPAM12-CR-003 AND REZN13-CR-001 - OPAL GATEWAY (PIN 6980-49-5167-000, 6980-48-2529-000, 6980-48-3762-000, 6980-48-1703-000, 6980-48-4203-000, 6980-57-5934-000, 6980-48-1665-000, AND 6981-40-1350-000) - CEDAR RUN DISTRICT

A public hearing was held to consider applications submitted by Juniper Tree Properties,

LC / Oak Tree Properties, LLC, for a Comprehensive Plan Amendment and Rezoning for the

proposed Opal Gateway project. The Comprehensive Plan Amendment seeks to expand, by

+/- 42.7 acres, the limits of the Opal Service District, and change the future land use designation

for the entire +/-59.3 acres proposed to be within the Service District. The Rezoning application

proposes to rezone approximately 99.9 acres to +/-53.2 acres of C-2 (Commercial - Highway),

+/-6.1 acres of I-1 (Industrial - Park), and +/-40.6 acres of RA (Rural Agriculture), all with

proffers. The applications ultimately are seeking to allow for a mixed-use center to contain

medical offices, a travel trailer / recreational vehicle (RV) park, a health / wellness center, retail

uses, a motel / hotel, restaurants, and RV related uses. The property is located along Marsh Road

(U.S. Route 17), southwest of Clarkes Road (Route 608) and across from Fayettesville Road

(Route 870). On May 30, 2013, the Planning Commission unanimously voted to forward these

applications to the Board of Supervisors with a recommendation of denial. Adam

Shellenberger, Senior Planner / Urban Designer, summarized the application.

Joe Wiltse, representing the applicant, reviewed the history of the project and

requested favorable consideration of the application.

Hasan Abdallah, M.D., applicant, expressed his desire to build a pediatric medical

facility in Opal and asked the Board of Supervisors to approve the application.

Julie Bolthouse, representing the Piedmont Environmental Council, spoke in

opposition to the project, citing concerns with strip commercial development adding

an RV Park outside of the existing service district.

Cameron Jones, Cedar Run District, spoke in favor of the application.

Katarine Petty and her daughter, Marissa, Marshall District, spoke in support of the

medical facility application.

Katherine Warzinski, Marshall District, spoke in support of the medical center

application.

42

Hoyt Johnson, Sr., Cedar Run District, adjacent property owner, questioned about

other proposed uses such as an RV Park that are not directly related to a medical

facility.

Floyd Johnson, Cedar Run District, adjacent property owner, expressed concern about

additional traffic and lack of ingress / egress onto Clarke’s Road; he was concerned

about having the property contiguous without a buffer zone for the mixed use, and he

was concerned about the devaluation of existing properties.

John Green, Lee District, spoke in support of improved tax base through commercial

development that is concentrated in the service district and expressed his support of

the application.

Jack Hazel, Scott District, spoke in support of the application.

Francine Findley, Cedar Run District, resident of Green Meadows subdivision, spoke

in support of the application indicating it would provide additional access to Clarkes

Road.

Madge Eicher, Marshall District, spoke in support of the application to increase tax

revenue and job opportunities.

Scott Carr, Cedar Run District, read a letter from Steve Clark of Clark Brothers Gun

Shop expressing his support for the application.

Sammy Sharikas, Lee District, spoke in support of the application.

Nicolas Berry, Cedar Run District, a student at Liberty High School, spoke in support

of a medical facility.

Carol Arnold, Lee District, spoke in opposition to the application, citing concerns

about compounded traffic problems, filling existing store vacancies, the proposed RV

Park use, and water supply concerns.

Rick Buchanan, Cedar Run District, spoke in support of the application.

Richard Johnson, trustee of an adjacent property, spoke in support of the proposal.

Keith Domerese, Cedar Run District, read a letter from Larry Yager of Remington in

support of the application.

Dan Gisselquist, Scott District, spoke in support of the application.

Dori Domerese, Cedar Run District, spoke in support of the application.

43

Toni Buchanan, Cedar Run District, spoke in support of the application.

Mark Rohrbaugh, ScottDistrict, spoke in favor of adding services to the service

district to encourage business and added his support of the application.

Daniel McGuire, Fairfax, spoke in support of the medical center application, but

disagreed with the proposed RV Park site.

Lorraine Early, property owner in the Opal service district, spoke in opposition to the

application, citing concerns with sprawl, with complex road networking, and with

water supply issues.

Robert Sturgeon, Cedar Run District, spoke in support of the application and business

development.

Robert Griffin, Cedar Run District, resident of Green Meadow subdivision, spoke in

opposition to the application and expressed concerns with property devaluation and

stated he believes it is a bad fit to stretch the existing zoning laws to accommodate the

project.

Joanne Smoot, Lee District, stated that she is a current RV owner and supports the

application.

Christer Carshult, Center District, spoke in favor of the project.

No one else spoke. Mr. Sherbeyn moved to continue the public hearing and postponed action on

this matter for 30 days, until the next regular meeting on February 13, 2014. Mr. Trumbo

seconded and, following discussion, the motion was approved by a vote of 4 to 0 as follows:



Nays: None


Abstention: None

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With no further business, the meeting was adjourned at 9:21 P.M.

I hereby certify that this is a true and exact record of actions taken by the Fauquier

County Board of Supervisors on January 9, 2014.

__________________________________________

(SEAL) Paul S. McCulla

Clerk to the Board of Supervisors

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