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HomeMy WebLinkAboutApril 27, 2004 Regular Meeting I 474 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 27, 2004, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Barbara E. Van Osten; Gary W. Dove; Bill M. Ewing; Gina A. Forrester; W. Harrington Smith, Jr.; and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION In the absence of a minister, Chairman Shickle asked those present to observe a moment of silence. PLEDGE OF ALLEGIANCE Supervisor Smith led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised that he had no additional items for the agenda. Upon a motion by Supervisor Smith, seconded by Vice-Chairman Van Osten, the Board adopted the agenda by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye CONSENT AGENDA - APPROVED Administrator Riley suggested the following tabs for approval under the Consent Agenda: 1. Landfill Oversite Committee - Tab E. Upon motion by Supervisor Forrester, seconded by Supervisor Tyler, the Consent Agenda was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 475 CITIZEN COMMENTS Manuel G. Sempeles, Stonewall District, addressed the Board regarding the proposed designation of Red Bud Road as a Virginia Byway. He wanted to know what approval meant and how it would affect Red Bud Road. He also asked how this designation would affect land use in that area as well as tourism. He concluded by saying that he would like to see the Board hold a public hearing on this item. Chuck Maddox appeared before the Board on behalf of the Huntsberry Family, who own property along Red Bud Road. He advised that the family intends to apply for acceptance into the Urban Development Area and the Sewer Water Service Area and he hoped this designation would not affect the Board's decision regarding this forth coming request. He concluded by saying that he and his clients would take exception to this designation ifit has a significant effect on land use in that area. BOARD OF SUPERVISORS COMMENTS Supervisor Tyler stated that the scenic byways designation does not preclude development. She advised that this designation would bring federal highway dollars to the County to increase hiking and biking trails in that area. She concluded by saying that her intent in pursuing this designation was not to stifle development, but to facilitate bike trails. MINUTES-APPROVED The minutes from the April 14, 2004 regular meeting were presented. The minutes were corrected to read that Supervisor Dove voted against the motion to reinstate a citizen comment period at the beginning of the meeting. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes were approved as corrected by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF JAMES T. VICKERS TO THE BOARD OF BUILDING Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 476 APPEALS-APPROVED Upon a motion by Supervisor Tyler, seconded by Vice Chairman Van Osten, the Board reappointed James T. Vickers to the Board of Building Appeals for a five year term, said term to expire June 26, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye REAPPOINTMENT OF WILLEY G. DEMBECK TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL (LFEMS) - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Ewing, the Board reappointed Willey G. Dembeck to the Lord Fairfax Emergency Medical Services (LFEMS) Council for a three year term, said term to expire June 30, 2007. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye ENDORSEMENT AND ADOPTION OF OZONE EARLY ACTION PLAN FOR THE NORTHERN SHENANDOAH VALLEY AREA (RESOLUTION #060-04) - APPROVED Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board endorsed and adopted the Ozone Early Action Plan for the Northern Shenandoah Valley Area: Whereas, clear air is essential for quality oflife, economic development and general public well-being of the Northern Shenandoah Valley; and Whereas, the United States Environmental Protection Agency (EP A) established a revised 8-hour ozone standard in 1997 that was set at 0.085 parts per million (ppm), averaged over a three- year period; and Whereas, the regional ozone monitoring station in the Northern Shenandoah Valley area (in the County of Frederick) currently has a design value of 0.085 ppm that would qualify the area for the designation of nonattainment area for ozone under the Clean Air Act (CAA) of 1990; and Whereas, the EP A has developed and endorsed that air quality planning concept of Early Action Compacts [EAC], where an area that marginally exceeds the ozone standard can enter into a voluntary agreement with state and federal governments to develop and implement an Ozone Early Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 477 Action Plan [EAP] to pro actively reduce ozone levels and come into compliance with the standard; and Whereas, elected officials, representing the County of Frederick and City of Winchester, acting through the Northern Shenandoah Valley Air Improvement Task Force [Task Force] entered into an EAC with the Virginia Department of Environmental Quality (VDEQ) and the EP A in December 2002; and Whereas, the EAC authorized the establishment of the Task Force and the development of an EAP consisting oflocal, state, and national strategies to bring the Northern Shenandoah Valley Area into attainment with the 8-hour Ozone standard by 2007; and Whereas, in response, the Task Force has developed and submitted an EAP for consideration and adoption by the localities that have entered into the EAC; and Whereas, the EAP contains specific commitments and responsibilities to be undertaken by the localities that have entered into the EAC; and Whereas, computer modeling, conducted by the VDEQ in accordance with EP A standards, demonstrates that the EAP is predicted to return the Northern Shenandoah Valley Area to attainment for the 8-hour Ozone standard by 2007; and Whereas, County of Frederick/City of Winchester have adopted and will enforce these specific commitments and responsibilities under the EAP; and Whereas, County of Frederick/City of Winchester is fully committed to the regional cooperation and coordination necessary to bring the area into attainment, as measured by the regional Ozone monitor, for the 8-hour Ozone standard in 2007; Therefore, be it resolved, that on this 27th day of April, 2004 County of Frederick//City of Winchester officially approves and endorses the EAP, and is a full party in its implementation and success as described in the EAP. Be it further resolved, that a signed copy of this resolution of commitment will be sent to the Director of the VDEQ for processing and inclusion in the official State implementation Plan, which once approved by EP A, will make these commitments and responsibilities federally enforceable. Adopted this 27th day of April by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye RESOLUTION (#061-04) REQUESTING VIRGINIABYW A Y DESIGNATION FOR RED BUD ROAD - SCHEDULED FOR PUBLIC HEARING Assistant Administrator Tierney advised that staff prepared a resolution at Supervisor Tyler's request, which nominated Red Bud Road from Route 11 to Route 660 for designation as a Scenic Byway. He stated that the road has been determined eligible by the Department of Conservation and Recreation. The req uest before the Board is to request this designation for Red Bud Road. Assistant Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 478 Administrator Tierney concluded by saying that Engineer Copp, VDOT, suggests that the Board hold a public hearing prior to requesting this designation. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board approved holding a public hearing on this proposed designation of Red Bud Road as a Scenic Byway. Supervisor Dove asked how this proposed designation would affect the area around Route 11 north. Supervisor Tyler responded that the scenic byways designation is an enhancement and would provide scenic trails and byways through the area. Supervisor Dove asked if it would hinder truck traffic. Supervisor Tyler responded there were no restrictions on traffic or development. Chairman Shickle asked about criteria #6, which stated that "local govemment(s) has/have initiated zoning or other land-use controls, so as to reasonably protect the aesthetic and cultural value of the highway". Supervisor Tyler responded that by preserving the adjacent properties, such as the battlefield, the County was enhancing the roadway. Supervisor Ewing stated that he had some ofthe same concerns as Supervisor Dove, but was satisfied with holding a public hearing on this matter. There being no further discussion, the Board approved the motion to hold a public hearing on this item by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. -Aye Lynda J. Tyler - Aye COMMITTEE REPORTS LANDFILL OVERSITE COMMITTEE - APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Wednesday, April 14, 2004, at 8:00 a.m. All committee members were present except Jim Wilson and Dave Ash. The following issues were discussed: 1. Uodate on Land Acquisitions - Martin Property: We have completed our real estate transaction for the purchase of the Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 479 Martin property at a price of $66,000. The property includes a small (725 square foot) single family dwelling on approximately .075 acres located adjacent to the entrance to the landfill. - 48 acre parcel Riley Property: Staff rejected an offer from Mr. Dick Taylor to purchase the 48 acre out parcel associated with the Riley Farm. The offer was approximately one- half the price previously established by the committee. 2. Brief Review of Omwinl!: and Future Projects - Blasting Contract: Geodrill has completed blasting for the removal of approximately 123,000 cubic yards within Phase II, Cell B in the Municipal Solid Waste Landfill. - Addition to Scale House: The addition to the scale house is approximately 80 percent complete. We anticipate occupancy on or before May 31, 2004. - Riley Haul Road: The design ofthe new haul road to the Riley Farm is almost complete. We anticipate advertising for construction in May, 2004. A stream crossing will be required. - New Citizens' Convenience Area: The design ofthe new citizens' convenience area has been tabled until we complete a minor real estate acquisition. It is anticipated that this project will commence after July 1, 2004. - Leachate Recirculation: Staff is pursuing the design of a leachate recirculation system to deal with excessive flows during the winter months. A permit amendment will be required to achieve this goal. 3. Review Request from Warren County The committee reviewed a request from Warren County to dispose of their solid waste at our landfill (Attachment #1). After discussing this issue at length, the committee reached the following conclusions: a. The current regional landfill would not be party to a short-term solution only, a long term relationship. b. Warren County would have to join as a regional partner and would need to provide a large parcel ofland (300 to 500 acres) that could be developed in the future as a sanitary landfill. Assurances in the form of a Part A Permit would need to be provided to insure their sincerity in joining our regional program. The committee indicated that the regional landfill would pay for the engineering required to obtain the permit provided Warren County deeded the land to the regional landfill authority and coordinated the local support related to public hearings and citizen interactions associated with the Part A Permit process. FINANCE COMMITTEE - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on April 21, 2004 at 8:00 a.m. Items 2, 4, and 5 were approved under consent agenda. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, items 2, 4, and 5 were approved under consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 480 Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 1. The County Administrator requests a General Fund budget transfer in the amount of $30.000. This amount is to be transferred from Operational Contingency to Professional Services to cover costs associated with the Stephens City Annexation and pending legal matters. No additional local funds are needed. See attached memo, p. 1. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 2. The Sheriffrequests a General Fund supplemental appropriation in the amount of$1.857. This amount represents DARE donations from Orchard View Elementary School and the Elks Club and is requested to be appropriated to the Drug Program. No additional local funds are needed. See attached memo, p. 2-3. The committee recommends approval. - Approved Under Consent Agenda. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $2.559.72. This amount represents proceeds from the Sheriffs sale of vehicles and unclaimed property. No additional local funds are needed. See attached memo, p. 4. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $715.54. This amount represents the department's share of a recent drug forfeiture and is requested to be appropriated to Forfeited Property - Surplus. No additional local funds are needed. See attached memo, p. 5. The committee recommends approval. - Approved Under Consent Agenda. 5. The Director of Parks and Recreation requests a General Fund budget transfer in the amount of$19A45.50. This transfer is needed to cover additional part-time personnel expenses not being contracted, but paid out of a personnel line item. No additional local funds are needed. See attached memo, p. 6. The committee recommends approval. - Approved Under Consent Agenda. 6. The Landfill Manager requests a Landfill Fund budget transfer in the amount of$4.200. This amount is needed to cover outside temporary labor. No additional local funds are needed. Scc attached memo, p. 7. The committee recommends approval. - Approved. Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 481 Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 7. The Landfill Manager requests a Landfill Fund supplemental appropriation in FY 2004 in the amount of $392.500 and a decrease in FY 2005 Landfill budget in the amount of$392.500. This amount represents the purchase of a Rock Truck. This amount was originally budgeted in FY 2005 but due to the increasing cost of steel, it is requested that this purchase be made in the current fiscal year. No additional local funds are needed. See attached memo, p. 8-10. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 8. The Regional Jail Superintendent requests a Regional Jail budget transfer in the amount of$46.000. This amount is needed to cover medical expenses for inmates. The Superintendent also requests a Regional Jail budget transfer in the amount of $30.000. This amount is needed for increased inmate food supplies due to larger inmate population. No additional local funds are needed. See attached memo, p. 11. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 9. The Regional Airport requests an Airport Fund supplemental appropriation in the amount of$340.832. These funds are needed for the Route 645 Relocation Project with the local share being transferred out of the Airport Operating Fund. No additional local funds are needed. See attached memo, p. 12-13. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shick1e - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 482 Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 10. The Regional Airport requests an Airport Fund supplemental appropriation in the amount of$142.750. This amount is needed due to the unanticipated increases injet fuel and catering sales. No additional local funds are needed. See attached memo, p. 14-15. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 11. The Regional Airport requests an Airport Fund supplemental appropriation in the amount of$363.674.50. This amount is needed for the new t-hangarproject. Additional loan proceeds and state revenue are to be received along with transfers from various line items. No additional local funds are needed. See attached memo, p. 16. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye 12. The Director of Fire and Rescue requests a General Fund supplemental appropriation in the amount of$3.289.75. This amount represents funds needed to pay for books and materials for the Spring Fire School. Additional local funds are necessary. See attached memo, p. 17. The committee recommends that this item be tabled until next month to see ifthe Director is able to find these funds elsewhere in the Fire and Rescue budget. This Item was Presented for Information Purposes Only. 13. The Finance Committee requests that the School Board appear before the Committee to discuss the accounting of expenditure refunds and supplemental appropriations. ***For Information Only*** 1. A letter of appreciation from CLEAN, Inc. for their funding request in the proposed FY 2005 budget is attached. See attached letter, p. 18. 2. The Finance Director provided a report on Fund Balance. See attached memo, p. 19. Supervisor Smith added that the Regional Airport pumped 42,000 gallons of jet fuel last Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 483 month and 8,000 gallons of regular plane fuel. He advised that this was the most fuel dispensed in a one month period at the airport, since its existence. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #02-04 OF SEMPELES PROPERTY. SUBMITTED BY GILBERT W. CLIFFORD & ASSOCIATES. INC. TO REZONE 10.35 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (BUSINESS GENERAL) DISTRICT AND 101.92 ACRES FROM RA (RURAL AREAS) TO Ml (INDUSTRIAL LIGHT) DISTRICT. THIS PROPERTY IS LOCATED EAST AND ADJACENT TO MARTINSBURG PIKE (ROUTE llN) AND NORTH AND ADJACENT TO WOODBINE ROAD (ROUTE 669), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER(S) 34-A-2 AND 34-A-4 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Deputy Director Mohn appeared before the Board on behalf ofthis item. He advised that this was a proposal to rezone 112.27 acres from RA (Rural Areas District) to B2 (Business General District) and Ml (Industrial Light District). The site is largely unimproved and contains no notable environmental features. The property is located in the Sewer and Water Service Area and it part of the Northeast Land Use Plan. Deputy Director Mohn advised that the area was designated for industrial land use and the request was consistent with the Comprehensive Policy Plan. The applicant has proffered the following: - An internal connector road. - A northbound turn lane on Martinsburg Pike. - Land for the future expansion of Martinsburg Pike. - Signalization. - Restricted truck access. - Prohibition of retail sales of diesel fuel. Deputy Director Mohn informed the Board that the Planning Commission recommended approval of the rezoning by majority vote. He concluded by saying that Chuck Maddox representing the Applicant and Jerry Copp and Lloyd Ingram from VDOT were present to answer any questions the Board might have. Supervisor Forrester asked about the proffered landscape/green strip. Deputy Director Mohn responded that no additional information has been provided to staff, but the applicant has left the proffer language the same as his previous submission. Supervisor Tyler asked ifthe prohibition of diesel fuel sales gives staff and the Board a level of comfort regarding additional truck traffic in the area. Deputy Director MOhn responded there are other uses permitted in the proposed zones that Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 484 could result in a similar type of use. He advised that staff would try to ensure the proffer is implemented properly. Chuck Maddox, G. W. Clifford & Associates, advised that the applicant has been working with Frederick County for a number of years and this is one of the more important economic development sites in Frederick County. He went on to say that the process took a long time because the applicant needed to deal with transportation and water and wastewater issues. Mr. Maddox stated that the applicant had changed the landscape proffer from its original draft, but has not added any additional information in the last two submissions due to sight distance issues. He advised that the applicant has proffered 30 inch berms and landscaping on the berms. He concluded by saying that he was certain the applicant could work out the details at the site plan stage. Supervisor Ewing asked how a right turn only entrance into the site would help alleviate the stacking of trucks. Deputy Director Mohn responded that the trucks would have to stop for opposing traffic, but they would normally be in a yield pattern before entering the site. He went on to say that the right turn lane goes to a less used transportation corridor. He concluded by saying that this design was created at VDOT's recommendation. Supervisor Forrester asked ifthe proffer regarding the prohibition of retail sales of diesel fuel would exclude something like the Flying J truck stop. Deputy Director Mohn responded that it would and he felt it put staff on firm ground with regard to the retail sales of fuel. Chairman Shickle convened the public hearing. Fred Van Metre, a member of Rest United Methodist Church, read a letter that he had sent to all of the Board members and The Winchester Star. He advised that he was concerned about a safe entrance/exit to and from the church parking lot. He stated that he would like VDOT to tell the Board about this unsafe situation and remedy this issue. Tom Stephenson, Stonewall District, advised that he had been involved with the Flying J and bridge overpass issues. He stated that he was opposed to the rezoning because there was too much allowance for truck traffic. He urged the Board to talk to the Sheriff and State Police regarding the heavy truck traffic, fleet maintenance, etc. near the site. He concluded by urging the Board to proffer out heavy truck uses. Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 485 Jim Painter, Gainesboro District, advised that he was a member ofthe Rest Church and was concerned about access to the church parking lot. He advised the approval of the rezoning would make their entrance unusable. He concluded by saying that he was opposed to the rezoning at this time, but felt it could move forward once the safety and access issues were solved. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Tyler stated that she objected to what has happened to Rest Church. She then advised that she needed assurance that the County would not be footing the bill for the signalization at Woodbine Road. Engineer Ingram advised that the applicant would be responsible for a certain percentage of the cost of the signal, based on the number of vehicle trips he would be producing. He went on to say that there were other parcels in that area that might affect the percentage the applicant would be required to pay. He concluded by saying that VDOT would be responsible for some of the signalization cost also; however, the current traffic projections do not warrant a full signal at that location. Engineer Copp added that because Woodbine Road was an existing secondary road, the applicant would be asked to contribute 50% ofthe cost ofthe signal; however, ifthey were creating a new connection then VDOT could ask for 100% ofthe cost. Supervisor Tyler stated that she wanted assurance that the developer would pay this cost and not the taxpayers. Engineer Copp stated that he could not give her that assurance. Mr. Maddox stated that the traffic input analysis (TIA) at build out shows that the intersection would function at a level C without signalization, but most ofthe time it would function at a level A or B. He concluded by saying that he feels the County would be well served in this regard because of the 50% cost proffer. Supervisor Tyler asked Planner I Cheran if the County could preclude a fleet maintenance facility, truck stop, or fuel stop at that intersection. Planner I Cheran advised the fleet maintenance is not permitted in the B2 district. He stated that wholesale fuel distribution is a by right use in Ml, but it would not occur in B2. Supervisor Tyler stated that she did not think the Board could deny the rezoning because of the church issue. She advised that she did not want another Flying J truck stop at that intersection. Minute Book Nnmber 29 Board of Supervisors Regular Meeting of 04/27/04 486 Mr. Maddox advised that the applicant could, with all certainty, proffer out wholesale and retail diesel fuel sales on the site. Mr. Sempeles stated that he wanted to preclude retail diesel sales, but he did not think about wholesale fuel sales. He advised that he did not want to get into the wholesale fuel business. He stated that he preferred to see the site developed into one to four businesses. Supervisor Tyler gave kudos to Mr. Sempeles for going through this entire process, amending the comprehensive plan, etc. Chairman Shickle asked for a clarification of the revised proffer. Mr. Maddox stated that the revised proffer would read as follows "any use involving the retail or wholesale sale of diesel fuel for over the road truck carriers shall not be conducted or performed on this site either in the commercial or industrial zones." Upon a motion by Supervisor Tyler, seconded by Supervisor Smith, the Board approved Rezoning Application #02-04, Sempeles Property, with the verbally modified proffer. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Supervisor Tyler stated that the people at Rest Church need to have their situation remedied, even ifit takes the entire Board, VDOT, or adjacent property owners doing something. She went on to say that the existing situation would not be allowed today and to hold Mr. Sempeles accountable for these wrongs is not right. She concluded by saying that she hoped the Board could help Rest Church get an acceptable entrance. OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN - THE TOWNES AT EASTSIDE VILLAGE - APPROVED Planner II Camp appeared before the Board on behalf of this application. He advised that the applicant was proposing to construct 24 townhouses on 5 acres ofland in the Red Bud District. The development will have 58% open space. He advised that there were no historic resources on the site. The applicant will have a 35 foot buffer on each side of Abram's Creek. The Planning Minute Book Nnmber 29 Board of Supervisors Regular Meeting of 04/27/04 487 Commission reviewed the application and recommended approval. The applicant is requesting that the Board grant administrative approval for this plan. Tim Painter, Painter-Lewis, represented the project. He advised that the applicant has been working on this project for two years. He showed a diagram/schematic of the proposed development. He concluded by saying that they worked with VDOT to get the speed limit on the adjoining road reduced from 55 m.p.h. to 25 m.p.h. Upon a motion of Supervisor Forrester, seconded by Supervisor Smith, the Board approved the preliminary Master Development Plan #01-04 and authorized staffto administratively approve the final master development plan. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye MASTER DEVELOPMENT PLAN - CROSSROADS COMMERCIAL CENTER - APPROVED Planner II Camp appeared before the Board on behalf of this application. He advised that this property, located in the Opequon District, is a 19 acre parcel currently zoned B2. There are no historic resources on the site. There is an area of woods and wetlands on the site. The Master Development Plan meets the protection requirements for this area and the application meets all of the requirements for master development plans. The Planning Commission reviewed the application and recommended authorizing staff to administratively approve the plan. The Commission also approved a screening waiver and entrance spacing waiver. He concluded by saying that the applicant is requesting the Board grant staff the authority to administratively approve the plan. Supervisor Ewing asked if storm water drainage has been adequately addressed for this site. Evan Wyatt, Greenway Engineering, stated that the applicant has agreed to utilize the zoning ordinance requirements to preserve a 50' forested buffer and has agreed to add a narrative stating that once utility impacts to existing vegetation are known the applicant would provide supplemental plantings. With regard to storm water, the applicant has worked with the County's Public Works staff to address these problems. He advised that the applicant would work in partnership with the Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 488 County to deal with storm water management issues. The applicant would do a drainage study and may request County assistance in obtaining easements if needed. Chairman Shickle asked about ways to enter the property rather than using Double Church Road. Mr. Wyatt responded that the property is completely lotted out. He stated that there is some access from Nottoway Drive, but it is on private property. Chairman Shickle asked if it would be possible to have pedestrian and bicycle access. Mr. Wyatt stated that the applicant would look at providing pedestrian access points to the property. Supervisor Ewing asked Planner II Camp if he was satisfied that storm water would be addressed and handled properly. Planner II Camp responded yes. Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved granting staff administrative approval of master development plan #02-04. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye BOARD LIAISON REPORTS Supervisor Tylerresponded that she attended the MPO Technical Committee meeting today. The committee is moving ahead with the transportation analysis zones. Supervisor Dove reported that this weekend is a big weekend for Fire and Rescue as they will have an opportunity to show off their stations and equipment. He also reported on his attendance at the chiefs meeting. Vice-Chairman Van Osten advised that tomorrow night is the last ofthe rural areas meetings. She stated that the last two meetings were well attended and good input was received. CITIZEN COMMENTS Ann Louise Brown, Opequon District, advised that she has lived on Buckingham Drive for the last 21 years and her yard has been flooded for years. She stated that the County has approved Minute Book Number 29 Board of Supervisors Regular Meeting of 04/27/04 489 the building of houses on wetlands. She advised that she did not have the money to raise her house and/or regrade her property to solve this problem. She went on to say that she did not see anyone looking out for "us" and her house is imploding. She further stated that the dampness was unhealthy because of all of the mosquitoes. She concluded by urging the Board to look out for the residents of Buckingham Drive. BOARD OF SUPERVISORS COMMENTS Chairman Shickle stated that he would do all he could to help the members of Rest Church with the access problems at their property. With regard to the residents ofNottoway, he stated that the Board needs to hear if residents end up worse off because of approved development. Supervisor Ewing stated that he wanted to get the drainage situation around the Crossroads Commercial Center improved. He reminded the Board that the Newtown Festival would be held May 29th & 30th in Stephens City and that Board members were welcome to ride in the parade. Supervisor Smith stated that today was a great day and a bad day for Virginia. The Senate and House passed a budget, but the Supreme Court denied hearing the VMI case. ADJOURN UPON A MOTION MADE BY SUPERVISOR EWING, SECONDED BY SUPERVISOR SMITH, NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME 9:04 P.M.) \L--n--Q ~-O----^---' Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ih J f: '-(:iZL Jay E/ Ti4ls Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regnlar Meeting of 04/27/04 The Frederick County Board of Supervisors attended an information session on the Future of Shenandoah University held on Thursday, May 6, 2004, at 4:30 P.M., in the Byrd Board Room, Henkel Hall, Shenandoah University, Winchester, Virginia. BOARD MEMBERS PRESENT Vice-Chairman Barbara E. Van Osten; GaryW. Dove; Bill M. Ewing; W. Harrington Smith, Jr.; and Lynda J. Tyler. BOARD MEMBERS ABSENT Chairman Richard C. Shickle; and Gina A. Forrester. Others present included members of the Frederick County Planning Commission, Winchester City Council, Winchester Planning Commission, and the Board of Trustees of Shenandoah University. Dr. Davis welcomed everyone and thanked them for coming. He advised that this session would involve several individual presentations followed by a brief question and answer period. The areas covered in the presentations included: - Overview of the Campus Master Plan Process, which looked at the rationale behind extending the existing campus and utilization of existing facilities within Frederick County and Winchester, including the Medical Center Health Professions Building, Bowman Building, Cork Street facility, John Kerr building and Cameron Street building. Review of the Main Campus Master Plan, which looked at proposed new facilities including a Student Center, Athletic Center, Art facility, Maintenance facility, and End zone building. - Review of the MillwoodlPleasant Valley Projects, which include a new Business School building, proposed History and Tourism Center, and new administration building located on the site of the old armory. - Review of Parking and Zoning needs to help accomplish the goals ofthe Master Plan. These included structured or off-site parking requirements, building height restrictions, and the need for compatible zoning in both the city and county. - Review of Campus Access, which looked at the possible closure of Millwood Avenue, the proposed new interchange, widening, and crossovers for 1-81, and the future development of Pleasant Valley Road. - Review of Student Housing Needs, which included potential motel acquisitions to accommodate undergraduate housing, creation of graduate housing within downtown Winchester with the hopes of developing a viable collegiate downtown, and possible land acquisitions to accommodate future housing needs. - Economic Impact Statement, which stated that Shenandoah University has an operating budget of $50 million with a potential economic impact on Winchester and Frederick County of $150 million. The payroll is $29 million for a staff of 600 employees. Following a brief question and answer period, the session adjourned at 6:00 P.M. Minnte Book Number 29 Board of Supervisors Information Session with Shenandoab University 05/06/04 491 !v-~ ~~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: l~ It (''-(,'-{l d. ~bs Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Information Session with Shenandoah University 05/06/04