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NovusAGENDA 3/9/21, 10:22 AM

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BOARD OF SUPERVISORS
COUNTY OF FAUQUIER
WARRENTON, VIRGINIA
AGENDA
March 11, 2021

Work Session
Warren Green Building, 10 Hotel Street, Warrenton, VA 20186

Times set forth are approximate and may be adjusted as necessary.

HOW TO PARTICIPATE IN THE FAUQUIER COUNTY BOARD OF SUPERVISORS VIRTUAL


MEETING (Paul S. McCulla, County Administrator, Sponsor; Renee P. Culbertson, MMC, Staff)
11:00 AM AGENDA REVIEW (Paul S. McCulla, County Administrator, Sponsor; Renee P. Culbertson,
MMC, Staff)
12:00 PM WORKING LUNCH (Paul S. McCulla, County Administrator, Sponsor; Renee P. Culbertson,
MMC, Staff)
01:00 PM A WORK SESSION TO DISCUSS THE UPDATES TO THE FLOOD INSURANCE RATE
MAPS AND THE PROCESS FOR ADOPTION OF THE NEW MAPS AND REGULATIONS
(Mary Leigh McDaniel, Marshall District Supervisor, Sponsor; Amy Rogers, Chief of Zoning and
Development Services, Staff)
01:30 PM A WORK SESSION TO REVIEW A STAFFING FOR ADEQUATE FIRE AND EMERGENCY
RESPONSE GRANT PROGRAM (Paul S. McCulla, County Administrator, Sponsor; Chief
Darren Stevens, DFREM; Lisa M. Henty, Director of OMB, Staff)
02:00 PM A CLOSED MEETING PURSUANT TO SECTION 2.2-3711(A)(1) TO DISCUSS A
PERSONNEL MATTER, PURSUANT TO SECTION 2.2-3711(A)(5) TO DISCUSS A
PROSPECTIVE BUSINESS WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE
OF THE BUSINESS' INTEREST IN LOCATING ITS FACILITIES IN FAUQUIER COUNTY,
PURSUANT TO SECTION 2.2-3711(A)(8) TO CONSULT WITH LEGAL COUNSEL

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NovusAGENDA 3/9/21, 10:22 AM

REGARDING SPECIFIC LEGAL MATTERS REQUIRING THE PROVISION OF LEGAL


ADVICE AND PURSUANT TO SECTION 2.2-3711(A)(7) TO CONSULT WITH LEGAL
COUNSEL PERTAINING TO ACTUAL LITIGATION (Christopher N. Granger, Center District
Supervisor, Sponsor; Tracy A. Gallehr, County Attorney, Staff)
04:30 PM A JOINT WORK SESSION WITH THE FAUQUIER COUNTY BOARD OF SUPERVISORS
AND THE SCHOOL BOARD REGARDING THE FISCAL YEAR 2022 PROPOSED BUDGET
AND THE FY 2022-2026 CAPITAL IMPROVEMENT PROGRAM (Christopher N. Granger,
Center District Supervisor, Sponsor; Lisa M. Henty, Director, Office of Management and
Budget, Staff)

Regular Meeting
Warren Green Building, 10 Hotel Street, Warrenton, VA 20186
6:30 PM

Possible additions to the agenda and related materials are not set forth herein.

1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ADOPTION OF THE AGENDA
4. CITIZENS' TIME
5. PROCLAMATIONS AND RECOGNITIONS
• A Proclamation to Acknowledge and Honor the Outstanding Accomplishments and
Contributions of Jerry M. Wood to the Citizens of Fauquier County (Christopher N. Granger,
Center District Supervisor, Sponsor; Paul S. McCulla, County Administrator, Staff)
• A Proclamation Honoring Thomas M. Turner For His Distinguished Career In Service To The
Citizens Of Fauquier County (Christopher T. Butler, Lee District Supervisor, Sponsor; Paul S.
McCulla, County Administrator, Staff)
6. CONSENT AGENDA
a. Minutes Of The Fauquier County Board Of Supervisors (Paul S. McCulla, County
Administrator, Sponsor; Renee P. Culbertson, MMC, Staff)
b. A Resolution To Authorize The County Administrator To Execute A Lease Extension On
Behalf Of Fauquier County With Fauquier FISH, Inc., For The Rental Of Approximately
800 Square Feet Located At 24 Pelham Street, Town Of Warrenton (Paul S. McCulla,
County Administrator, Sponsor; Paul S. McCulla, County Administrator, Staff)
c. A Resolution To Educate Fauquier County Residents And Medical Community On The
Risks Of Traveling To China For Organ Transplants In Light Of Reports Of State-
Sponsored Organ Harvesting From Prisoners Of Conscience (Christopher N. Granger,
Center District Supervisor, Sponsor; Paul S. McCulla, County Administrator, Staff)
d. A Resolution To Initiate A Zoning Ordinance Text Amendment To Update Floodplain

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NovusAGENDA 3/9/21, 10:22 AM

Regulations (Mary Leigh McDaniel, Marshall District Supervisor, Sponsor; Amy Rogers, Chief
of Zoning and Development Services, Staff)
e. A Resolution Allowing The Filing Of An Out-Of-Turn Rezoning Application For The
Konkel Property (PIN 6034-89-8254-000, Marshall District) (Mary Leigh McDaniel, Marshall
District Supervisor, Sponsor; Adam Shellenberger, Chief of Planning, Staff)
f. A Resolution To Authorize The County Administrator To Submit A Finding Of
Concurrence For A Temporary Pump And Haul Permit For Culpeper Farmers
Cooperative, Inc. In Bealeton (PIN 7807-54-6024-000, Cedar Run District) (Richard
Gerhardt, Cedar Run District Supervisor, Sponsor; Holly Meade, Director, Staff)
g. A Resolution To Transfer $4,315 From The Board Of Supervisor's Contingency Reserve
For The Development Of A Mobile Application To Highlight Historical Sites Throughout
Fauquier County (Paul S. McCulla, County Administrator, Sponsor; Nick Gallehr, County
Administration; Lisa M. Henty, Director of OMB; Dan Stell, Director of GIS, Staff)
h. A Resolution To Apply For The Federal Emergency Management Agency's (FEMA)
Staffing For Adequate Fire And Emergency Response Grant Program (SAFER) (Paul S.
McCulla, County Administrator, Sponsor; Chief Darren Stevens, DFREM; Lisa M. Henty,
Director of OMB, Staff)
i. A Resolution Authorizing The County Administrator To Schedule A Public Hearing On A
Boundary Adjustment On Approximately 12 Acres Of Land From Tax Map Parcel 6988-81-
0145-000 (Richard Gerhardt, Cedar Run District Supervisor, Sponsor; Paul S. McCulla, County
Administrator, Staff)
j. A Resolution Authorizing The County Administrator To Schedule A Public Hearing To
Consider Condemnation Proceedings For Easements On The Heirs Of Effie Kerns'
Property (Paul S. McCulla, County Administrator, Sponsor; M.C. Anderson, Deputy County
Attorney, Staff)
7. APPOINTMENTS
• Committee Appointments for Consideration (Christopher N. Granger, Center District Supervisor,
Sponsor; Renee P. Culbertson, MMC, Staff)
8. SUPERVISORS' TIME
9. ANNOUNCEMENTS

Public Hearings

1. A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A RIGHT


OF WAY AGREEMENT TO DOMINION ENERGY VIRGINIA FOR AN ELECTRIC UTILITY
EASEMENT ACROSS PROPERTY OWNED BY FAUQUIER COUNTY IDENTIFIED AS PIN#
6030-38-1965-000 LOCATED ON SAGE ROAD IN MARSHALL MAGISTERIAL DISTRICT -
Fauquier County owns property identified as PIN# 6030-38-1695-000 located on Sage Road in
Marshall Magisterial District. Jerrell C. Montouri, Trustee, owner of property identified as PIN#

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NovusAGENDA 3/9/21, 10:22 AM

6030-38-0503-000 which is located directly across the road from the County-owned property,
has requested that Dominion Energy Virginia provide his property with electricity. In order to
provide electricity to the Montouri parcel, Dominion Energy Virginia needs a 30 foot wide electric
easement from the current powerline through a portion of the County's property to Sage Road.
After the holding of a duly noticed public hearing, the attached resolution authorizes the County
Administrator to execute a Right of Way Agreement with Dominion Energy Virginia for the
requested easement. (Paul S. McCulla, County Administrator, Sponsor; Paul S. McCulla,
County Administrator, Staff)
2. AN ORDINANCE TO ABANDON A PORTION OF CENTER STREET IN REMINGTON,
VIRGINIA - The Board directed the County Administrator to accomplish a boundary line
adjustment on a parcel it owns on Fifth Street in Remington, Virginia. In order to do that, an
abandonment of the public right of way that exists along the parcel's western property boundary
is necessary. The right of way is unused and unnecessary for access to any parcels in the area.
Before the Board can adopt an ordinance to abandon the right of way, a public hearing is
required. (Christopher T. Butler, Lee District Supervisor, Sponsor; M.C. Anderson, Deputy
County Attorney, Staff)
3. A PUBLIC HEARING TO AMEND SECTION 17-55 OF THE FAUQUIER COUNTY CODE AND
THE POST INCENTIVE PERIOD SEWER RATE FEE SCHEDULE FOR THE CATLETT AND
CALVERTON SEWER PROJECT -

A public hearing to: 1) consider amendments to Section 17-55 to allow parcels immediately
adjacent to the Catlett Service District or Village of Calverton with existing structures that have
failed or failing on-site septic systems to connect to the county sewer system; and 2) consider
amending the post incentive period sewer rate fee schedule to increase the availability fee (“tap
fee”) from $26,000.00 to $31,500.00.

The Board has two options for the Section 17-55 amendments: Option 1 requires owners with
failed or failing systems to first obtain a special exception in order to connect to the county
sewer system. Option 2 does not require a special exception. If the Board wishes to impose
conditions on owners seeking to connect in order to remediate failed or failing systems, then the
Board should adopt Option 1. Otherwise, both options are the same. They allow only existing
dwellings to connect to the county sewer system to remediate failed or failing systems. Neither
option permits newly subdivided lots to connect to the county system because that does not
qualify as remediation.

If the Board adopts Option 1, then a Zoning Ordinance amendment of Article 7-500 is required.
In that case, it is recommended that the Board pass the attached resolution initiating the Zoning
Ordinance amendment but hold the public hearing open on the amendment to Section 17-55
until both the County Code amendment and Zoning Ordinance amendment are before the
Board for public hearing.

(Richard Gerhardt, Cedar Run District Supervisor, Sponsor; M.C. Anderson, Deputy County
Attorney, Staff)
4. A RESOLUTION TO APPROVE SPECIAL EXCEPTION SPEX-20-013740 - VINT HILL LOFTS
- AN APPLICATION FOR A SPECIAL EXCEPTION TO ALLOW MULTI-FAMILY
RESIDENTIAL USES IN EXISTING BUILDINGS (PORTIONS OF PIN 7915-63-2639-000,
7915-63-8665-000 AND 7915-64-9304-000, SCOTT DISTRICT) - The Applicants are seeking
Special Exception approval to redevelop the historic women’s and men’s barracks buildings into
a market-rate apartment community with a maximum of 183 residential units. The barracks

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NovusAGENDA 3/9/21, 10:22 AM

buildings will be rehabilitated using federal and Virginia Historic Rehabilitation Tax Credit
Programs (HTC), and include a mix of one-bedroom, two-bedroom and studio units. The
properties are located at 4285 Bludau Drive and 4221 Sigler Road in New Baltimore. On
February 24, 2021, the Planning Commission voted unanimously to recommend approval of the
application. (Parkside Village, LLC, Vint Hill Village, LLC and County of Fauquier Virginia,
Owners/VHL East, LLC and VHL West, LLC, Applicants , Sponsor; Adam Shellenberger, Chief
of Planning, Staff)
5. A RESOLUTION TO APPROVE SPECIAL EXCEPTION SPEX-20-014233 - ELITE POWER &
ENERGY CORPORATION - AN APPLICATION FOR A CATEGORY 15 SPECIAL EXCEPTION
TO ALLOW FOR BULK STORAGE OF PETROLEUM PRODUCTS (PIN 6979-28-9770-000,
MARSHALL DISTRICT) - The Applicant is requesting approval of a Category 15 Special
Exception to allow for the bulk storage of petroleum products. This application proposes to
install two 30,000-gallon propane tanks. The property is located at 7587 Capitol Way, Marshall.
On February 24, 2021, the Planning Commission voted unanimously to recommend approval of
the application. (Elite Power & Energy Corporation, Owner/Applicant, Sponsor; Kara Krantz,
Planner II, Staff)
6. A RESOLUTION TO APPROVE SPECIAL EXCEPTION SPEX-20-014263 - PAY IT FORWARD
RANCH - AN APPLICATION FOR A CATEGORY 29 SPECIAL EXCEPTION TO WAIVE THE
PUBLIC STREET REQUIREMENT (PIN 7816-89-1656-000, CEDAR RUN DISTRICT) - The
Applicants are seeking to subdivide the subject property to create five new lots and a residue
parcel. In order to accomplish this proposal, approval of a Category 29 Special Exception is
required. The property is located at 13199 Elk Run Road, Bealeton. On February 24, 2021, the
Planning Commission voted unanimously to recommend approval of the application. (Donald
Lee and Debra L. Sherbeyn, Owners/Applicants, Sponsor; Kara Krantz, Planner II, Staff)
7. A RESOLUTION TO APPROVE SPECIAL EXCEPTION SPEX-20-013767 - GILL BROTHERS
TRANSPORTATION - AN APPLICATION FOR A CATEGORY 21 SPECIAL EXCEPTION TO
ALLOW A MOTOR FREIGHT TERMINAL (PIN 6979-39-9034-000, SCOTT DISTRICT) - The
Applicant is seeking to redevelop approximately 5 acres of a 9.65-acre industrial parcel to
operate a terminal for parking/storage of tractor trailers used by the business. The property is
located at 4175 Whiting Road in Marshall. At its February 24, 2021 meeting, the Planning
Commission voted 4 to 1 to recommend approval of the application. (Gill Brothers
Transportation, Inc., Owner/Applicant, Sponsor; Josh Frederick, Senior Planner, Staff)
8. A RESOLUTION TO APPROVE SPECIAL EXCEPTION SPEX-20-013938 - HARTWOOD
AIRPORT - AN APPLICATION FOR A CATEGORY 17 SPECIAL EXCEPTION TO ALLOW
FOR GENERAL INDUSTRIAL USE IN THE RURAL AGRICULTURAL (RA) DISTRICT ON
MORE THAN ONE ACRE WHEN REUSING LEGALLY EXISTING AIRPORT FACILITIES (PIN
7836-61-5667-000, 7836-70-3951-000 AND 7836-60-4388-000, CEDAR RUN DISTRICT) - The
Applicant is seeking a Special Exception to continue their training operations at Hartwood
Airport, which is a small private facility used primarily to train U.S. Customs and Border
Protection (CBP) personnel in testing the design and operation of information technologies used
in identifying passengers and their vehicles traveling into and leaving the United States. The
property is located at 40 Dophie Road northeast of Goldvein. At its February 24, 2021 meeting,
the Planning Commission voted 5 to 0 to recommend approval of the application. (Francis G.
Fortin, Jr./Science Applications International Corp., Owner/Applicant, Sponsor; Josh Frederick,
Senior Planner, Staff)
9. A RESOLUTION TO APPROVE SPECIAL EXCEPTION SPEX-20-014264 - LEEDS MANOR
ART GALLERY - AN APPLICATION FOR A CATEGORY 7 SPECIAL EXCEPTION TO

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ALLOW THE ADAPTIVE USE OF A COMMERCIAL GARAGE FOR AN ART GALLERY (PIN
6928-56-6141-000, MARSHALL DISTRICT) - The Applicant is seeking approval of a Category
7 Special Exception to allow the adaptive use of a ca. 1930 auto repair garage for an art gallery
in accordance with Section 3-307 of the Zoning Ordinance. The property is located at 5049
Leeds Manor Road in Hume. On February 24, 2021, the Planning Commission held a public
hearing and unanimously recommended approval of the application. (Brett J. Ludden,
Owner/Applicant, Sponsor; Wendy Wheatcraft, Senior Planner, Staff)
10. A RESOLUTION TO CONSIDER REZONING REZN-19-012268 - ASPEN VILLAGE - AN
APPLICATION TO REZONE APPROXIMATELY 9.98 ACRES FROM PLANNED
RESIDENTIAL DEVELOPMENT (PRD) TO GARDEN APARTMENT (GA) WITH PROFFERS
(PIN 6899-35-8059-000, LEE DISTRICT) - This request would allow for the development of an
additional 48 multi-family units in two three-story apartment buildings, with 24 units in each. All
the proposed units would be rent controlled and required to be occupied by individuals and
families whose incomes do not exceed sixty percent (60%) of the area’s median gross income.
The property is located at 6206 Aspen Way, Bealeton. On October 15, 2020, the Planning
Commission voted 3 to 1, with one member absent, to recommend denial of the application. On
November 12, 2020, the Board of Supervisors voted unanimously to continue the public hearing
and postpone action on this matter for up to 90 days. On January 22, 2021, the Applicant's
representative requested that the public hearing be postponed an additional 30 days to allow
them to continue to refine the application. (North Forty Aspen Plus, LP, Owner/Applicant,
Sponsor; Adam Shellenberger, Chief of Planning, Staff)
11. AN ORDINANCE TO APPROVE REZONING AMENDMENT REZN-20-014259 AND A
RESOLUTION TO APPROVE SPECIAL EXCEPTION AMENDMENT SPEX-20-014260 -
MINTBROOK - AN APPLICATION TO AMEND PORTIONS OF A PREVIOUSLY APPROVED
PROFFER STATEMENT, CONCEPT DEVELOPMENT PLAN AND CODE OF
DEVELOPMENT; AND AN APPLICATION TO AMEND A PREVIOUSLY APPROVED
SPECIAL EXCEPTION FOR A DRIVE-THROUGH FACILITY (PIN 6899-18-3742-000, 6899-
17-2503-000, 6899-16-3430-000, 6899-16-4132-000 AND A PORTION OF 6889-99-0259-000,
LEE DISTRICT) - The Applicant is seeking to amend portions of a previously approved
Rezoning related to commercial development in the MU-B zoned portions of Mintbrook.
Additionally, they are seeking to amend a previously approved Special Exception related to the
uses which can be served by the three previously permitted drive-through facilities and the
locations they can occur. Generally, they are asking to alter some specific requirements to fit
the current needs of modern retail and accommodate two end users under contract to locate at
Mintbrook. The requests include changes to the Proffer Statement, Code of Development
(COD) and Concept/General Development Plan (C/GDP). The properties are located on Marsh
Road and Lafayette Avenue in Bealeton. On February 24, 2021, the Planning Commission
voted 3 to 1, with one Commissioner recusing himself, to recommend approval of Rezoning
REZN-20-014259 and Special Exception SPEX-20-014260. (Mintbrook Developers, LLC
(Owner/Applicant), Sponsor; Adam Shellenberger, Chief of Planning, Staff)
Adjournment

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