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BOARD OF SUPERVISORS
COUNTY OF FAUQUIER
WARRENTON, VIRGINIA
AGENDA
May 11, 2017

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

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

11:00 AM AGENDA REVIEW (Richard Gerhardt, Cedar Run District Supervisor, Sponsor; Renee P.
Culbertson, MMC, Staff)
12:30 PM WORKING LUNCH (Paul S. McCulla, County Administrator, Sponsor; Renee P. Culbertson,
MMC, Staff)
01:30 PM A CLOSED SESSION PURSUANT TO CODE OF VIRGINIA SECTION 2.2-3711(A)(5) TO
DISCUSS POSSIBLE LOCATION OF A PREVIOUSLY UNANNOUNCED BUSINESS WITHIN
THE COUNTY (Kevin J. Burke, County Attorney, Sponsor; Mary Catherine Anderson, Assistant
County Attorney, Staff)
02:00 PM A WORK SESSION TO DISCUSS LEGISLATIVE MATTERS (Richard Gerhardt, Cedar Run
District Supervisor, Sponsor; Catherine M. Heritage, Deputy County Administrator, Staff)
02:30 PM A WORK SESSION TO ADVISE THE BOARD ABOUT A VISIT TO THE EASTERN SHORE
OF VIRGINIA BROADBAND AUTHORITY (Richard Gerhardt, Cedar Run District Supervisor,
Sponsor; Catherine M. Heritage, Deputy County Administrator, 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 Declaring the Month of May 2017 as Lyme Disease Awareness Month in
Fauquier County (Richard Gerhardt, Cedar Run District Supervisor, Sponsor; Paul S. McCulla,
County Administrator, Staff)
A Proclamation to Declare the Week of May 7 - 13, 2017 as National Correctional Officers Week
in Fauquier County (Richard Gerhardt, Cedar Run District Supervisor, Sponsor; Major Jeremy
Falls, FCSO, Staff)
A Proclamation To Honor Malcolm W. Alls During Adult Abuse Prevention Month (Paul S.
McCulla, County Administrator, Sponsor; Catherine M. Heritage, Deputy County Administrator,
Staff)
A Proclamation to Declare the Week of May 14 - 20, 2017, as National Police Week in Fauquier
County (Richard Gerhardt, Cedar Run District Supervisor, Sponsor; Major Jeremy Falls, FCSO,
Staff)
A Proclamation to Recognize Christ In Action for Providing Assistance to Fauquier County
Citizens Impacted by Recent Severe Weather Events (Christopher T. Butler, Lee District
Supervisor, Sponsor; Chief Darren Stevens, Staff)
A Proclamation Honoring Upperville Volunteer Fire and Rescue Company 5 Upon Their
Consolidation With County Fire and Rescue (Mary Leigh McDaniel, Marshall District Supervisor,
Sponsor; Catherine M. Heritage, Deputy County Administrator, Staff)
A Proclamation to Designate the Week of May 21 - 27, 2017 as Emergency Medical Services
Week in Fauquier County (Christopher N. Granger, Center District Supervisor, Sponsor; Chief
Darren Stevens, 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 Of Authorization To Approve Revisions To Human Resources Policy #3 -
Code Of Conduct (Personnel Committee, Sponsor; Janelle Downes, Director, Staff)
c. A Resolution To Authorize The Award Of A Contract For Construction Of The Cedar Lee
Middle School Safe Routes To School Project (RE-BID), IFB 104-16sm, VODT Project No.
SRTS-030-739, C501-FHWA Project No. 0307(073) UPC 102828, To Synchronized
Construction Services, Inc., Of Orange, Virginia (Christopher T. Butler, Lee District
Supervisor, Sponsor; Larry W. Miller, Director, Staff)
d. A Resolution To Approve Subdivision Ordinance Waiver WAIV-17-006687 - Cunningham
Farm Hydrogeologic Study - An Application To Waive The Requirements Of Sections 18-
1.C.1.C.1, 18-1.C.2.E, 18-1.D.1 And 18-1.D.2 Of The Fauquier County Subdivision
Ordinance Related To Hydrogeologic Testing (PIN 6969-39-1347-000, Marshall District)
(Old Salem Community Development II LLC, Owner/Mark Wingsted, Emery & Garrett
Groundwater Investigations, Applicant, Sponsor; Heather Jenkins L.A., Senior Planner, Staff)
 e. A Resolution To Revise The County Travel Policy - Administrative Policy #6 (Finance
Committee, Sponsor; Erin M. Kozanecki, Director , Staff)
f. A Resolution To Allocate $35,000 From The County's Contingency Reserve (Finance
Committee, Sponsor; Erin M. Kozanecki, Director, Staff)
g. A Resolution To Authorize An Application To The United States Department Of
Agriculture's Rural Business Development Grant Program (Richard Gerhardt, Cedar Run
District Supervisor, Sponsor; Ray Pickering, Director, Agricultural Development; Erin Kozanecki,
Director, OMB, Staff)
h. A Resolution Directing The County Administrator To Schedule A Public Hearing
Regarding The Creation Of Local Green Development Zones (Kevin J. Burke, County
Attorney, Sponsor; Kevin J. Burke, County Attorney, Staff)
i. A Resolution To Transfer $62,900 From The County Capital Reserve (Paul S. McCulla,
County Administrator, Sponsor; Erin M. Kozanecki, Director , Staff)
7. A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR AND FAUQUIER COUNTY
PUBLIC LIBRARY DIRECTOR TO TAKE ALL ACTIONS NECESSARY TO SECURE A REZONING
OF THE FLETCHER TRACT PARCELS FROM RESIDENTIAL AND CENTRAL BUSINESS
DISTRICT TO PUBLIC/SEMI-PUBLIC ZONING AND TO OBTAIN CONCEPTUAL RENDERINGS
OF THE PROPOSED LIBRARY (Christopher N. Granger, Center District Supervisor, Sponsor; Maria
Del Rosso, Library Director, Staff)
8. APPOINTMENTS
Committee Appointments for Consideration (None, Sponsor; Renee P. Culbertson, MMC, Staff)
9. SUPERVISORS' TIME
10. ANNOUNCEMENTS

Public Hearings

1. AN ORDINANCE TO APPROVE THE 10TH ADDITION TO THE COBBLER MOUNTAIN

AGRICULTURAL AND FORESTAL DISTRICT - AGFO-17-006398 - HAYS PROPERTY (PIN
6938-44-6646-000 AND 6938-54-2293-000, MARSHALL DISTRICT) - Each year, under the
procedures established by the Code of Virginia, the Fauquier County Board of Supervisors
considers whether to add parcels to any existing Agricultural and Forestal District. Landowners
have until February 1st to file applications to join a district. The Board of Supervisors considers
all such applications. The Fauquier County Agricultural and Forestal District Advisory
Committee, as well as the Fauquier County Planning Commission, are charged under the Code
of Virginia with providing advice to the Board relative to these decisions. The property is located
at 11216 Silo Road, Marshall. On February 23, 2017, the Agricultural and Forestal District
Advisory Committee unanimously recommended approval of this addition. On March 16, 2017,
the Planning Commission unanimously recommended approval of this addition. (Thomas
Garson and Janet Sue Hays, Owners/Applicants, Sponsor; Ben Holt, Planner II, Staff)
2. AN ORDINANCE TO APPROVE THE 13TH ADDITION TO THE UPPERVILLE
AGRICULTURAL AND FORESTAL DISTRICT - AGFO-17-006459 - PORTER PROPERTY
(PIN 6044-70-4869-000 AND 6044-81-3471-000, MARSHALL DISTRICT) - Each year, under
 the procedures established by the Code of Virginia, the Fauquier County Board of Supervisors
considers whether to add parcels to any existing Agricultural and Forestal District. Landowners
have until February 1st to file applications to join a district. The Board of Supervisors considers
all such applications. The Fauquier County Agricultural and Forestal District Advisory
Committee, as well as the Fauquier County Planning Commission, are charged under the Code
of Virginia with providing advice to the Board relative to these decisions. The properties are
located on Greystone Road, Upperville. On February 23, 2017, the Agricultural and Forestal
District Advisory Committee unanimously recommended approval of this addition. On March 16,
2017, the Planning Commission unanimously recommended approval of this addition. (J. Jacob
Porter, Owner/Applicant, Sponsor; Ben Holt, Planner II, Staff)
3. AN ORDINANCE TO APPROVE THE 22ND ADDITION TO THE MIDDLEBURG/MARSHALL
AGRICULTURAL AND FORESTAL DISTRICT - AGFO-17-006508 - SOLARI-GARAT AND
CARLES PROPERTY (PIN 6093-22-9336-000, SCOTT DISTRICT) - Each year, under the
procedures established by the Code of Virginia, the Fauquier County Board of Supervisors
considers whether to add parcels to any existing Agricultural and Forestal District. Landowners
have until February 1st to file applications to join a district. The Board of Supervisors considers
all such applications. The Fauquier County Agricultural and Forestal District Advisory
Committee, as well as the Fauquier County Planning Commission, are charged under the Code
of Virginia with providing advice to the Board relative to these decisions. The property is located
at 1769 Zulla Road, Middleburg. On February 23, 2017, the Agricultural and Forestal District
Advisory Committee unanimously recommended approval of this addition. On March 16, 2017,
the Planning Commission unanimously recommended approval of this addition. (Enrique Solari-
Garat and Ariana V. Carles, Trustees, Owners/Applicants, Sponsor; Ben Holt, Planner II, Staff)
4. A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLES 3, 5 AND 15, TO DEFINE
COLLEGE/UNIVERSITY AND TO ALLOW ADJUNCT USES TO BE APPROVED WITH A
SPECIAL EXCEPTION FOR A COLLEGE/UNIVERSITY - Section 3-305.6 establishes
College/University as a use allowed by Special Exception approval in the RA-Rural Agriculture,
R-1 Residential and R-2 Residential districts. The use is also allowed in the BP-Business Park
district by right. The proposed text amendment would more clearly define the College/University
use, and potentially authorize adjunct uses to be approved with a Special Exception for a
College/University. The Board of Supervisors initiated this text amendment on February 9, 2017.
On April 20, 2017, the Planning Commission unanimously recommended approval of the
proposed text amendment. (Richard Gerhardt, Cedar Run District Supervisor, Sponsor;
Kimberley A. Johnson, Chief of Zoning and Development Services, Staff)
5. A RESOLUTION TO CONSIDER SPECIAL EXCEPTION - SPEX-17-006415 - SAMMY'S
PLACE - AN APPLICATION FOR A CATEGORY 9 SPECIAL EXCEPTION TO ALLOW FOR
CLASS C SPECTATOR AND NON-SPECTATOR FIELD EVENTS AND ACTIVITIES (PIN
7807-46-9919-000, CEDAR RUN DISTRICT) - The Applicant is seeking approval of a Category
9 Special Exception to allow for events, such as weddings, on the property. The application
proposes a tiered approach with 25 events in year one, increasing to 100 events by year four,
with a maximum of 300 attendees. Proposed events would be held in temporary tents with the
initial utilization of toilet trailers. The property is located at 12237 Baines Corner Road,
Bealeton. On April 20, 2017, the Planning Commission voted 3 to 2 to recommend denial of
SPEX-17-006415. (Sammy's Rental Inc., Owner/Applicant, Sponsor; Ben Holt, Planner II, Staff)
6. A RESOLUTION TO APPROVE SPECIAL EXCEPTION SPEX-17-006662 - ARLINGTON
OUTDOOR EDUCATION ASSOCIATION, INC. - AN APPLICATION FOR A CATEGORY 5
SPECIAL EXCEPTION TO ALLOW FOR THE CONTINUED OPERATION OF AN
INDOOR/OUTDOOR TECHNICAL SCHOOL (PIN 7907-47-1045-000, 7907-67-9308-000,
7907-58-2168-000, 7908-50-7923-000 AND 7907-75-5564-000, SCOTT DISTRICT) - The
Applicant is seeking to renew a Category 5 Special Exception for the continued operation of an
Indoor/Outdoor Technical School. The application includes minor structural changes to facilities,
 updated parking approvals and limited changes to the scope of overnight camping activities that
were associated with the previous approval of SPEX07-SC-012. The property is located at 5111
Biscuit Mountain Road, Broad Run. On April 20, 2017, the Planning Commission unanimously
recommended approval of the application. (Arlington Outdoor Education Association, Inc. and
Donna Rice, Owners/Arlington Outdoor Education Association, Inc., Applicant, Sponsor; Ben
Holt, Planner II, Staff)
7. A RESOLUTION TO CONSIDER REZONING AMENDMENT REZN-16-005320 AND SPECIAL
EXCEPTION SPEX-16-005322 - MINTBROOK - AN APPLICATION TO AMEND PORTIONS
OF A PREVIOUSLY APPROVED PROFFER STATEMENT, CONCEPT DEVELOPMENT PLAN
(CDP) AND CODE OF DEVELOPMENT (COD); AND AN APPLICATION FOR A CATEGORY
1 SPECIAL EXCEPTION TO ALLOW UP TO 54 TOWNHOUSE UNITS WITHIN THE MIXED-
USE BEALETON (MU-B) ZONED PORTION OF THE PROJECT. (PIN 6899-18-3742-000,
6899-17-2503-000, 6899-16-4132-000, 6899-16-3430-000, AND A PORTION OF 6889-99-
3419-000, LEE DISTRICT) - This application is seeking to amend portions of
Mintbrooks approved Rezoning (REZN14-LE-004) within the Mixed-Use Bealeton (MU-B) Core
zoned portion of the project. A revised Proffer Statement, Concept Development Plan (CDP)
and Code of Development (COD) have been submitted for consideration. The main
components of this request are: (1) changing the previously approved 54 stacked multi-family
units (two over two type) to 54 single-family attached units (townhomes); (2) modifying the
commercial and residential phasing requirement to build additional homes earlier in the project;
(3) redesign the commercial areas to relocate the grocery/retail anchor store to a new location
adjacent to Route 17 and further away from the residential areas; and (4) provide a conceptual
design for the commercial areas along Lafayette Avenue. On February 16, 2017, the Planning
Commission voted 4 to 0 to forward the applications to the Board of Supervisors with
a recommendation of denial. One Commissioner recused himself. (Mintbrook Developers, LLC,
Owner/Applicant, Sponsor; Adam Shellenberger, Senior Planner/Urban Designer, Staff)
8. A RESOLUTION TO CONSIDER REZONING REZN-16-006277 - ASPEN CLUB - AN
APPLICATION TO REZONE APPROXIMATELY 10.154 ACRES FROM PLANNED
RESIDENTIAL DEVELOPMENT (PRD) WITH PROFFERS TO GARDEN APARTMENT (GA)
WITH PROFFERS (PIN 6899-35-6574-000), LEE DISTRICT - The applicant is seeking to
rezone 10.154 acres from the existing Planned Residential Development (PRD) District with
proffers to Residential - Garden Apartment (GA), to allow for the development of an additional
24 multi-family units at Aspen Club. The property is located at 6337 Village Center Drive,
Bealeton. On February 16, 2017, the Planning Commission voted 5 to 0 to forward the
application to the Board of Supervisors with a recommendation of denial. On April 13, 2017, the
Board of Supervisors voted unanimously to postpone action for up to 60 days; the public
hearing remained open. (North Forty Aspen, LP, Owner/Applicant, Sponsor; Adam
Shellenberger, Senior Planner/Urban Designer, Staff)
9. A PUBLIC HEARING TO CONSIDER RELOCATION OF THE MARSHALL POLLING
PRECINCT TO THE MARSHALL COMMUNITY CENTER - The attached ordinance
amendment relocates the Marshall polling place to the Marshall Community Center. (Kevin J.
Burke, County Attorney, Sponsor; Kevin J. Burke, County Attorney, Staff)
10. AN ORDINANCE TO AMEND AND ADOPT SECTION 13-24.1 OF THE FAUQUIER COUNTY
CODE TO ESTABLISH ACCIDENT REPORT FEE - An amendment to Fauquier County Code
Section 13-24.1 that waives the current $5.00 per report fee for traffic accident reports obtained
through the Fauquier County Sheriff's Office for individuals that obtain a copy of their report
online. This includes the currently used LexisNexus program and Police 2 Citizen. However, the
ordinance is written broadly enough to cover other online report service providers should those
change in the future.
The ordinance also raises the fee to $10 per report, not including photographs and external
data storage devices (for example USB drives). The actual costs of providing photographs or
 data by those means could be added to the $10 fee. (Richard Gerhardt, Cedar Run District
Supervisor, Sponsor; Tracy A. Gallehr, Deputy County Attorney, Staff)
11. AN ORDINANCE TO ADOPT SECTION 13-23.1 OF THE FAUQUIER COUNTY CODE TO
CREATE A TRAFFIC INFRACTION FOR DISTRACTED DRIVING - This ordinance would
prohibit distracted driving which has been attributed to increasing numbers of motor vehicle
accidents in Fauquier County and nationwide. It creates a local traffic infraction for the driver
who fails to give their full time and attention to the operation of their motor vehicle. Offenders
are subject to a $125 fine for a first offense and $250 for subsequent offenses. If the person is
driving a commercial vehicle and is also deemed guilty of a serious traffic infraction as defined
in Code of Virginia 46.2-341.20, an additional penalty of $500 may be imposed. There are
exemptions for emergency vehicles, if the driver is stopped, using a GPS system or reporting an
emergency. These exemptions are identical to the State Code exemptions from the traffic
offense of texting while driving in violation of Code of Virginia 46.2-1078.1. (Christopher T.
Butler, Lee District Supervisor, Sponsor; Tracy A. Gallehr, Deputy County Attorney, Staff)
Adjournment