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HomeMy WebLinkAboutAugust 24, 2004 Regular Meeting 084 A Regular Meeting of the Frederick County Board of Supervisors was held on Tuesday, August 24, 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; and Lynda J. Tyler. ABSENT Shawnee District Seat - Vacant. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION In the absence of a minister, the Board observed a moment of silence. PLEDGE OF ALLEGIANCE Vice-Chairman Van Osten led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised that he had one additional item for the agenda. He asked that the Board add to the agenda the announcement of the procedure to fill the vacant Shawnee District seat. Upon a motion made by Supervisor Tyler, seconded by Supervisor Forrester, the Board adopted the agenda, as amended, 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 Lynda 1. Tyler Aye Shawnee District - Vacant CONSENT AGENDA - APPROVED Administrator Riley suggested the following tab for approval under the Consent Agenda: 1. Landfill Oversite Committee - Tab D. Upon a motion made by Supervisor Tyler, seconded by Supervisor Forrester, the Consent Agenda was approved by the following recorded vote: Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 085 Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Chairman Shickle noted that the Board had received two corrections to the minutes. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the minutes from the August 11, 2004 Regular Meeting 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 Lynda J. Tyler Aye Shawnee District - Vacant COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF ASSISTANT COUNTY ADMINISTRATORKRIS TIERNEY AND PLANNING DIRECTOR ERIC LAWRENCE TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION (NSVRC) - APPROVED Administrator Riley advised that he would be willing to fill the seat formerly filled by Supervisor W. Harrington Smith, Jr., until a replacement is appointed. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board re- appointed Assistant County Administrator Kris Tierney and Planning Director Eric Lawrence to the Northern Shenandoah Valley Regional Commission (NSVRC) for a two-year term, said term to expire September 30, 2006, and appointed County Administrator John R. Riley, Jr. to fill the Commission seat formerly filled by Supervisor W. Harrington Smith, Jr., until a replacement is appointed. Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 086 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye GaryW. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Shawnee District - Vacant REAPPOINTMENT OF SUPERVISOR BILL M. EWING TO THE CFFW REGIONAL JAIL BOARD - APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board re- appointed Supervisor Bill M. Ewing to the CFFW Regional Jail Board. This is a four year term, said term to expire October 13, 2008. 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 Lynda J. Tyler Aye Shawnee District - Vacant RESOLUTION (#014-04) AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) - FALL 2004 BOND SALE - APPROVED AS REVISED Administrator Riley advised that there were three items before the Board for their consideration: 1. Revised project cost for the 11th elementary school. This is an increase in estimated project cost from $10.8 million and $12.9 million. 2. An appropriation request of $1 million for the purchase ofland and initial design work for the transportation facility project. 3. VPSA bond issuance in the amount of $9,950,000 for construction of the 4th middle school ($8,500,000), construction costs associated with the 11 th elementary school ($700,000), and land acquisition and design for the transportation facility ($750,000). Dr. William C. Dean, Superintendent, Al Orndorff, Assistant Superintendent of Administration, and Lisa Frye, Finance Director, appeared before the Board on behalf of this item. Supervisor Ewing requested that the School Board invite the Board of Supervisors to meetings with the architects when new schools are being designed, as this would better enable the Board to understand the nature of these requests. A discussion ensued regarding the $1 million request for the transportation facility. Minute Book Number 30 Board of Supervisors Regular Meeting of 08124/04 087 Assistant Superintendent Orndorff advised that this amount was for the purchase ofland and the preliminary design for a new transportation facility. The Board discussed the increase in the cost of the 11 th elementary school project and the appropriation for the new transportation facility; and how the Board would address each request. Finance Director Frye advised that the application deadline was August 31, 2004. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board approved scheduling the appropriation for the increased cost for the 11 th elementary school for public hearing to be held at the September 22, 2004 meeting. 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 Lynda J. Tyler Aye Shawnee District - Vacant Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Dove, the Board approved the resolution authorizing Frederick County to submit an application to VPSA for school financing and to schedule a public hearing. WHEREAS, the Board of Supervisors has determined that it is advisable to contract a debt and issue general obligation bonds of the County in the maximum amount of$9,200,000 to finance certain capital improvements for public school purposes (the "Bonds") and to sell such bonds to the Virginia Public School Authority ("VPSA"); and WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable to advance money to pay the costs for such capital projects for public school purposes (the "Projects") and to reimburse such advances with proceeds of one or more financings; NOW, THEREFORE, BE IT RESOLVED BY THE FREDERICK COUNTY BOARD OF SUPERVISORS: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing, and equipping the Projects from the proceeds ofthe Bonds to be issued in the maximum amount of $9,200,000. 2. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the Fall 2004 VPSA bond sale. 3. The County Administrator is authorized to advertise a public hearing to be held on September 22, 2004 on the issuance of the Bonds. 4. This resolution shall take effect immediately upon its adoption. Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 ""~J 088 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 Lynda J. Tyler Aye Shawnee District - Vacant Supervisor Ewing moved that the request for appropriation and public hearing regarding the transportation facility be tabled until next Spring. The motion was seconded by Supervisor Dove. Vice-Chairman Van Osten advised that she did not think this was a wise move, based on the land prices in the County. Supervisor Forrester concurred with Vice-Chairman Van Osten. Supervisor Tyler stated that if the Board continued to crunch this facility then the facility loses its economy of scale. There being no further discussion, the above motion failed by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Nay Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Nay Lynda 1. Tyler Nay Shawnee District - Vacant Supervisor Forrester moved that the Board schedule this item for public hearing for consideration of the $1 million appropriation. The motion was seconded by Vice-Chairman Van Osten. The motion failed by the following recorded vote: Richard C. Shickle Nay Barbara E. Van Osten Aye Gary W. Dove Nay Bill M. Ewing Nay Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant No Board action was taken relative to the transportation facility request. ANNOUNCEMENT REGARDING PROCEDURE TO FILL SHAWNEE DISTRICT SEAT Administrator Riley announced that the Board was seeking applications from residents of the Shawnee District, who were interested in being considered to fill the vacant Shawnee District representative seat on the Board. Those interested residents can fill out a data sheet, which will be Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 089 sent to the Chairman via the County Administrator's Office. The deadline for applications is Friday, September 3, 2004 at 5:00 p.m. After the submittal of an application, each applicant will be given a list with the contact information of each board member. It will then be the responsibility of the applicant to contact the members of the Board. He concluded by saying that it is the Board's intent to make a decision by September 22, 2004. COMMITTEE REPORTS LANDFILL OVERSITE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Tuesday, August 17, 2004, at 8:00 a.m. All committee members were present except Dave Ash and Tim Coyne. The following issues were discussed: 1. New Haul Road to Peter Paul Riley Farm The design of the new haul road connecting the landfill to the Riley Farm has been completed. Staff is awaiting permits from the Department of Environmental Quality (D.E.Q.), Virginia Institute of Marine Science and the Corps of Engineers before proceeding with construction. It is anticipated that a contract will be awarded this Fall for construction of the new road. 2. Leachate Treatment Facility UPl:rade The existing leachate treatment facility will be upgraded to provide additional ammonia treatment during the cold winter months. The upgrade will include several large columns filled with a natural material called clinoptilolite which has the ability to absorb ammonia. The process can be reversed with the addition of a saline solution. The ammonia saturated material can also be utilized as a fertilizer on the grass covered slopes. It is hopeful that this process can be designed and installed on or before December 2004. 3. Exuansion of Landfill Entrance Plans have been completed to facilitate the expansion ofthe landfill entrance road from two (2) to three (3) lanes (two entrance, and one exit). This design will also include the construction of two (2) deceleration lanes on Sulphur Spring Road. This design is necessary to provide a safe entrance and alleviate the congestion on busy Saturdays. Additional land acquisition may be required along Sulphur Spring Road to accommodate the project. 4. New Citizens' Convenience Area The design of the new citizens' convenience area is on hold until a right-of-way issue can be resolved. 5. Prouosed Leachate Recirculation Svstem Design of a leachate recirculation system has been initiated to provide staff with an alternative disposal option for our leachate. This design will include an amendment to our current solid waste disposal permit. The implementation schedule has yet to be determined. However, we are hopeful that a January, 2005 completion date can be achieved. 6. Future Minim: of Old Closed Out Landfill Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 090 Staff is exploring the option of mining and repermitting the closed-out area previously landfilled under old Permit 40. This idea has been discussed with representative from D.E.Q. who were very encouraging to the point of possibly promising some financing under the Brownfield grant program. Mining the old landfill would result in extending the life of our solid waste facility without the negative impacts normally associated with siting a new landfill on virgin ground. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on August 18,2004 at 8:00 a.m. 1. The Finance Directorrequests a General Fund supplemental appropriation in the amount of$425.150.97. a Landfill Fund supplemental appropriation in the amount of$804.107.60. a Court Services Fund supp lemental appropriation in the amount of $19.4 35.00. an AilJlort Operating Fund supplemental appropriation in the amount of $9.346.75 and an Airport Capital Proiect Fund supplemental appropriation in the amount of$2.338.133.04. These amounts represent outstanding purchase orders at 06/30/04. See attached list for detail, p. 1. The committee recommends approval and this item will be scheduled for a public hearing. - Approved and to Forward to Public Hearing. Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, 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 Lynda J. Tyler Aye Shawnee District - Vacant 2. The Clerk of the Circuit Court requests a General Fund supplemental appropriation in the amount of $9.000. This amount represents state funds to be reimbursed for two part-time employees. No additional local funds are needed. See attached memo, p. 2-4. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, 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 Lynda J. Tyler Aye Shawnee District - Vacant 3. The Sheriff requests a General Fund supplemental appropriation in the amount of$400. This amount represents donations received for the Dive Team and K-9 Units and is requested to be appropriated to line item 31 02-5409-000-000 Police Supplies. No additional local funds are needed. See attached memo, p. 5. The committee recommends approval. - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the above request by the following recorded vote: Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 091 Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant 4. The Director of Parks and Recreation requests a General Fund supplemental appropriation in the amount of$176215. Frederick County's share ofthe project is $31,015. This amount represents carry forward funds for the completion of Phase II of the Bicycle/Pedestrian Trails at Sherando Park and the completion ofthe DCR Grant Pedestrian Trail project. See attached memo, p. 6. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, 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 Lynda 1. Tyler Aye Shawnee District - Vacant 5. The Director of Economic Development requests a General Fund supplemental appropriation in the amount of $2.021.64. This amount represents an insurance reimbursement received in June for an auto accident in May. The vehicle was not repaired until July, therefore, a carry forward of these funds is being requested. See attached memo, p. 7. The committee recommends approval. - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, 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 Lynda J. Tyler Aye Shawnee District - Vacant 6. The Director of Economic Development requests a General Fund supplemental appropriation in the amount of $42.378. This amount represents a carry forward for the Development Impact Modeling. This project has been extended into FY 2005 due to complexity and other issues. See attached memo, p. 8. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, 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 Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 ! 092 Lynda 1. Tyler Aye Shawnee District - Vacant 7. The Director of Fire and Rescue requests a General Fund supplemental appropriation in the amount of $267 J 15.29. This amount represents carry forwards for pre-employment physicals, Sara Title funds and various grants. See attached memo, p. 9. The committee recommends that the $5,556 for pre-employment physicals be transferred from vacant personnel line items with the remaining $261,759.29 to be carried forward from FY 2004. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, 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 Lynda 1. Tyler Aye Shawnee District - Vacant 8. The School Board Finance Director requests a School Operating Fund supplemental appropriation in the amount of$289.686.79. a School Capital Fund supplemental appropriation in the amount of$53.500.00 and a School Construction Fund supplemental appropriation in the amount of$15.53 1.893.23. These amounts represent outstanding purchase orders at 06/30/04. See attached list, p. 10-13. The committee recommends approval and this item will be scheduled for a public hearing. - Approved and to Forward to Public Hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye BiII M. Ewing Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Shawnee District - Vacant 9. The County Administrator requests a General Fund supplemental appropriation in the amount of$IOO.OOO. This amount represents a carry forward to reimburse review fees of$50,000 each to two companies related to the proposed Frederick County Public Safety Building Project. See attached memo, p. 14. The committee recommends approval. - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, 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 Lynda J. Tyler Aye Shawnee District - Vacant 10. The Sheriff requests a General Fund supplemental appropriation in the amount of Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 L 093 $71.428. This amount represents a federal grant to be received to hire an investigator for the Northwest Regional Gang Task Force. No additional local funds are needed. See attached memo, p. 15-16. The committee recommends approval. - Approved Upon a motion by Supervisor Ewing, 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 Lynda 1. Tyler Aye Shawnee District - Vacant PERSONNEL COMMITTEE REPORT - APPROVED The Personnel Committee met on Tuesday, August 24,2004 with the following committee members present: Gina A. Forrester, Chairman, Verne E. Collins, Phillip Farley, Barbara Van Osten, Bill Still, John R. Riley, Jr., Kris Tierney, and Debby Didawick. Department Head present: Eric Lawrence, Planning Director. Guest, Lynda Tyler. ***Items Requiring Action*** 1. Request from the Planninl;: Director for Professional Staff Reclassifications and Compensations - Approved The Committee reviewed a request from Eric Lawrence, Planning Director for reclassifications and compensations for professional staff. No additional funding will be required. The Committee recommends approval of this request. (See attachment A) Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Van Osten, the Board approved this request with the authorization to transfer funds from other salary line items. 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 Lynda J. Tyler Aye Shawnee District - Vacant Approval of this report also included the appointment of Mark Cheran as Zoning and Subdivision Administrator for Frederick County. There was no other business to come before the Committee. PUBLIC HEARING PUBLIC HEARING -AMENDMENT TO THE 2004-2005 FISCAL YEAR BUDGET - PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2004-2005 BUDGET TO REFLECT: LANDFILL Minute Book Nnmber 30 Board of Snpervisors Regular Meeting of 08/24/04 094 FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1.330.000. THIS AMOUNT REPRESENTS A CARRY-FORWARD FOR UNFINISHED PROJECTS. PLANNING AND DEVELOPMENT REOUEST FOR A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $973.947.14. THIS AMOUNT REPRESENTS CARRY-FORWARD FUNDS FOR THE WARRIOR DRIVE PROJECT. (RESOLUTION #015-04) - APPROVED Administrator Riley advised that the landfill appropriation was for existing projects that were not yet completed., but needed to continue. The remaining request was for proceeds relative to the Warrior Drive Project. Chairman Shickle called the public hearing to order. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the Fiscal Year 2004-2005 Budget Amendment: WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on August 24, 2004, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2004- 2005 Budget be Amended to Reflect: Landfill Fund Suoolemental Aopropriation in the Amount of $1 ,330,000. This Amount Represents a Carry-Forward for Unfinished Projects. Planning and Development Request for a General Fund Supplemental Appropriation in the Amount of $973,947.14. This Amount Represents Carry-Forward Funds for the Warrior Drive Project. The above resolution 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 Lynda J. Tyler Aye Shawnee District - Vacant PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #10-04 OF CHARLES D. BROWN. FOR A MOTEL/BED AND BREAKFAST. THE PROPERTY IS LOCATED AT 161 MCCARTY LANE (ROUTE 50 EAST). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 65-3-8 IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Interim Zoning Administrator Mark Cheran appeared before the Board on behalf of this Minute Book Number 30 Board of Snpervisors Regular Meeting of 08/24/04 095 application. He advised that this property is located in the Shawnee District and is zoned R-A (Rural Areas District). This application is being filed in response to a complaint and zoning violation, where the applicant was found to be operating a bed & breakfast without a conditional use permit. Under this application, the applicant proposes to hold weddings and outdoor events with up to 25 people. Events larger than 25 people would require a site development plan. The Planning Commission recommended approval with the following conditions: I. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) overnight guests allowed on any given day. 3. No more than twenty-five (25) people per anyone (1) event under this Conditional Use Permit. 4. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not exceed four (4) square feet in size. 5. Any expansion or modification shall require approval of a new Conditional Use Permit with a site plan. Zoning Administrator Cheran concluded by saying that the applicant was present to answer any questions. Chairman Shickle called the public hearing to order. Joe Alger, Shawnee District and adjoining property owner, advised that he had submitted a written statement to the Board expressing his concerns. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Van Osten, the Board approved Conditional Use Permit #10-04 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 Nay Lynda 1. Tyler Aye Shawnee District - Vacant PUBLIC HEARING - CONDITIONAL USE PERMIT #12-04 OF LED A J. DEHAVEN. FOR COMMERCIAL OUTDOOR RECREATION. THE PROPERTY IS LOCATED AT 150 NORTH HAYFIELD ROAD (ROUTE 600) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 29-A-28 IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPROVED Interim Zoning Administrator Mark Cheran appeared before the Board on behalf of this application. He advised that this 83 acre parcel is located in the Gainesboro District and zoned RA Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 09 (Rural Areas). He advised that the applicant is proposing a petting zoo, pony rides, and parties for up to 15 people. This proposed use has no significant impacts. The Planning Commission recommended approval with the following conditions: 1. All review agency comments shall be complied with at all times. 2. Adequate parking areas for patrons shall be provided prior to issuance of a business license. 3. No more than 15 customers per day allowed. 4. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four (4) square feet in size. 5. Any expansion or modification shall require approval of a new conditional use permit. Zoning Administrator Cheran concluded by saying that the applicant was present to answer any questions. Chairman Shickle called the public hearing to order. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Forrester, the Board approved Conditional Use Permit #12-04 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 Lynda J. Tyler Aye Shawnee District - Vacant PUBLIC HEARING - CONDITIONAL USE PERMIT #13-04 OF COY AND MARION THOMPSON. FORA PET BOARDING FACILITY WITH GROOMING. THE PROPERTY IS LOCATED AT 213 SIR JOHNS ROAD (ROUTE 667) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 34-3-B IN THE STONEWALL MAGISTERIAL DISTRICT. - DENIED Interim Zoning Administrator Mark Cheran appeared before the Board on behalf of this application. He advised that this property is located in the Stonewall District and is zoned R-A (Rural Areas). The Zoning Ordinance permits kennels in the R-A District with an approved conditional use permit. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 097 2. An engineered site plan with all improvements shall be approved by Frederick County prior to the operation of this kennel. 3. Hours of operation shall be from 8:00 a.m. to 9:00 p.m., daily. 4. All dogs shall be secured indoors from 9:00 p.m. to 7:00 a.m. 5. No breeding of dogs or cats shall be permitted with this use. 6. No veterinary office shall be allowed to operate with this use. 7. Only one non-illuminated business sign, not exceeding five feet in height from its base nor exceeding four square feet in area, shall be permitted. 8. A maximum of 48 dogs allowed on site. 9. Any expansion or modification of this use shall require approval of a new conditional use permit. He concluded by saying that the applicant was present to answer any questions. Chairman Shickle convened the public hearing. Charlie Goode, Stonewall District, advised that she had a husband who works nights and she was concerned that the dogs would be out in their runs while he was trying sleeping. Rick Burleson, Stonewall District and adjoining property owner, advised that he was concerned about noise. He would like to know where the driveway into the kennel would be located because the property is situated between two curves. He concluded by saying that he was also concerned because this kennel might devalue his property. Allen Fletcher, Stonewall District and adjoining property owner, spoke in support of this application. Chairman Shickle closed the public hearing. Supervisor Tyler moved that the Board approve Conditional Use Permit #13-04. The motion was seconded by Supervisor Forrester. The above motion failed by the following recorded vote: Richard C. Shickle Nay Barbara E. Van Osten Nay Gary W. Dove Nay Bill M. Ewing Nay Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant PUBLIC HEARING - CONDITIONAL USE PERMIT #16-04 OF SOON H. KANG. TO REINSTATE A LEGALLY. NON-CONFORMING USE. THE PROPERTY IS Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 098 LOCATED AT 623 FRONT ROYAL PIKE (ROUTE 522) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 64B-A-87 IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Interim Zoning Administrator Mark Cheran appeared before the Board on behalf of this application. This property is located in the Shawnee District and is zoned RP (Residential Performance). The applicant is requesting permission to re-establish a legally non-conforming use, convenience store, which had been in operation since 1963. The Planning Commission recommended approval with the following conditions, with an amendment to allow the applicant to have an illuminated sign: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. Prior to operation ofthis business, a minor site plan approved by Frederick County will be required. VDOT and Fire Marshal requirements will be addressed on this site plan. 3. No new signs shall be allowed. 4. Replacement of existing, freestanding business sign on the property will be allowed. Signs shall not exceed 25 feet in size and 18 feet in height. 5. No retail sales of gasoline will be allowed. 6. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. He concluded by saying that the applicant was present to answer any questions Chairman Shickle called the public hearing to order. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Van Osten, the Board approved Conditional Use Permit #16-04. 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 Lynda J. Tyler Aye Shawnee District - Vacant PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING - TYPES OF USES IN THE B2 ZONING DISTRICT. APPROPRIATENESS OF CURRENT USES BY STANDARD INDUSTRIAL CLASSIFICATION CODE (SIC). - APPROVED AS AMENDED Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 099 Interim Zoning Administrator Mark Cheran appeared before the Board on behalf of this application. He advised that the Development Review and Regulations Subcommittee (DRRS) recommended excluding certain SIC uses from the B-2 (Business General District) Zoning District, because the subcommittee felt these SIC uses might not be appropriate in or meet the intent of the B-2 Zoning District. The Planning Commission voted to grant approval ofthis proposed ordinance amendment. A discussion followed as to how these changes could meet the Board's intent so there would not be any questions about these exclusions in the future. The Board's concerns dealt specifically with the proposal to exclude Commercial Sport and Recreation Clubs and 8744 Facilities Support Management Services. Director Lawrence advised that those two items could be removed from the proposed amendment, ifit was the Board's desire. Chairman Shickle called the public hearing to order. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board approved the Ordinance Amending Frederick County Code, Chapter 165, Zoning - Types of Uses in the B-2 Zoning District with the removal of Commercial Sport and Recreation Clubs and 8744 Facilities Support Management Services from the proposed amendment. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-82, District Use Regulations to exclude the attached listed Standard Industrial Classification (SIC) Groups and Sub-Groups from the B-2 (Business General) District. This amendment was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on April 29, 2004; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on August4,2004;and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption of August 24, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest ofthe public health, safety, welfare, and in good zoning practice; Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 100 NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-82, District Use Regulations is amended to exclude the attached listed Standard Industrial Classification (SIC) Groups and Sub-Groups from the B-2 (Business General) District. This amendment is amended as described on the attachment. Recommended Exclusions From Permitted Use List Of B-2 Zoning District and Suggested Zoning Districts Exclude The Following SIC Groups: SIC 0741 Veterinary Services Livestock RA with CUP SIC 49 Electric, Gas, and Sanitary Services M-lIM-2 SIC 5199 Advertising Specialties-Wholesale B-3/M-l Exclude Commcrcial Spoli and Recrcation Cltibs Adult Care Residences and Assisted Living Care Facilities RP Flex-TechB-3/M-l/M-2 Exclude The Following Sub-Groups: SIC 48 4899 SIC 54 5431 SIC 72 7213 7216 7299 SIC 73 7312 7389 SIC 76 7692 Communications Communications Services, Not Elsewhere Classified M-2 Food Stores Fruit and Vegetable Stands RA with CUP Personal Services Linen Supply B-3/M-l Dry Cleaning Plants B-3/M-l Escort Services Turkish Baths Steam Baths Business Services Outdoor Ad Services B-3/M-l Automobile Recovery Service B-3/M-l Automobile Repossession Service B-3/M-l Exhibits Building of by Industrial Contractors M-l Filling of Pressure Containers (Aerosol) M-l Gas Systems Contract Conversion from Manufactured to Natural Gas M-l/M-2 Produce Weighting Service M-l Product Sterilization Service MS/B-3 Repossession Service B-3 Salvaging of Damaged Merchandise not Engaged in Sales M-l Scrap Steel Cutting M-l Miscellaneous Repair Services Welding Repair M-l Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 101 7699 Agricultural Equipment Repair B-3/M-t Blacksmith Shops RA with CUP Boiler Cleaning and Repair M-l Cesspool Cleaning M-l Coppersmithing -1 Dental and Medical Instrument Repair MS/B-3 Engine Repair M-l Farm Machinery and Tractor Repair B-3/M-l Farriers RA with CUP Horseshoing RA with CUP Industrial Truck Repair M-l Laboratory Instrument Repair MS/B-3 Machinery Cleaning M-l Measuring and Controlling Instrument Repair; Mechanical M-l Meteorological Instrument Repair M-l Precision Instrument Repair B-3/M-l Repair of Optical Instruments B-3/M-l Repair of Service Station Equipment B-3/M-l Scale Repair Service B-3/M-l Septic Tank Cleaning Service M-l Sewer Cleaning Service M-l Surgical Instrument Repair MS/B-3 Tank and Boiler Cleaning Service M-l Tank Truck Cleaning Service M-l Taxidermists RA with CUP Tinsmithing -1 SIC Engineering, Accounting, Research, Management, and Related Services 8734 Testing Laboratories B-3/M-l 8744 F'acil;t;c5 Support Mallag"Hlellt SCt vicc5 The above ordinance 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 Lynda 1. Tyler Aye Shawnee District - Vacant PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 144. SUBDIVISION OF LAND: ARTICLE V. DESIGN STANDARDS: SECTION 144-17L. CURBS AND GUTTERS. CLARIFICATION OF REOUIREMENTS CONCERNING CURB AND GUTTER CONSTRUCTION. - APPROVED Interim Zoning Administrator Mark Cheran appeared before the Board on behalf ofthis item. He advised that the Planning Commission recommended approval of this amendment. Chairman Shickle suggested putting parenthesis around the "s" in the word "lot(s)" in order to provide more clarity to the proposed change. Chairman Shickle convened the public hearing. There were no public comments. Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 102 Chairman Shickle closed the public hearing. Upon a motion by Supervisor Forrester, seconded by Supervisor Dove, the Board approved the Ordinance Amending the Frederick County Zoning Ordinance Section 144-17 L; Curbs and Gutters, with the modification of parenthesis around the "s" in lot(s). WHEREAS, an ordinance to amend Chapter 144-17 L; Curbs and Gutters, Code of Frederick Countv. was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on April 29, 2004; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on August 4, 2004; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this ordinance amendment on August 24, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfare, and convenience; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 144-17 L, Curbs and Gutters, Code of Frederick Countv, is amended as described on the attachment. Existinl! L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any subdivision containing either lots of twelve thousand (12,000) square feet or less or lot widths of eighty (80) feet or less at the street. Construction shall meet the requirements of the Virginia Department of Transportation. The subdivider shall determine the curb cuts necessary for entrance locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The Planning Commission may allow for alternatives to curbs and gutters where it is determined that improved stormwater management, such as reduced concentration of peak flow for a drainage shed, would be achieved without it. ProDosed L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any subdivision containing lot( s) less than fifteen thousand (15,000) square feet or lot widths of eighty (80) feet or less at the street. The subdivider shall determine the curb cuts necessary for entrance locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The Planning Commission may allow for alternatives to curbs and gutters where it is determined that improved stormwater management, such as reduced concentration of peak flow for a drainage shed, would be achieved without it. This ordinance shall be in effect on the day of adoption. The above ordinance was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04 "103 Gina A. Forrester Aye Lynda J. Tyler Aye Shawnee District - Vacant OTHER PLANNING ITEMS DISCUSSION OF ORDINANCE AMENDMENT RE: HOURS OF OPERATION FOR CAR WASHES IN B2 - SENT FORWARD FOR PUBLIC HEARING Interim Zoning Administrator Mark Cheran appeared before the Board on behalf ofthis item. He advised that the Development Review and Regulations Subcommittee (DRRS), at its May 27, 2004 meeting recommended adding hours of operation for car washes located in the B-2 (Business, General District) and B-1 (Business, Neighborhood District) when located adjacent to RP (Residential Performance), R-4 (Residential Planned Community), R-5 (Residential Recreational Community District) or MH-l (Mobile Home Community) zoned land. The proposed ordinance amendment would require an on-site operator during all hours of operation for car washes located in the B-1 (Business, Neighborhood District) and B-2 (Business, General District) zoning districts when adjacent to RP, R-4, R-5, and MH-1 zoned properties. Said amendment would also establish the hours of operation as follows: Monday through Friday from 7:00 a.m. - 9:00 p.m.; Saturday from 8:00 a.m. - 9:00 p.m.; Sunday from 12:00 p.m. - 6:00 p.m. Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Van Osten, the Board approved sending this proposed amendment forward for public hearing. 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 Lynda 1. Tyler Aye Shawnee District - Vacant BOARD LIAISON REPORTS Supervisor Tyler reported that she attended a training sessIOn regarding the new Development Impact Model. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Minute Book Number 30 Board of Supervisors Regular Meetiug of 08/24/04 '104 Vice-Chairman Van Osten asked ifthere had been any progress on the proposal concerning waiving utility fees for National Guard members' who are deployed. Administrator Riley asked for additional information regarding this proposal that he could pass along to the Frederick County Sanitation Authority. Vice-Chairman Van Osten asked if the Board would consider a resolution supporting the National Guard. Chairman Shickle asked staffto prepare a draft resolution of support for Board consideration. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:20 P.M.) ~~~ Richard C. Shickle Chairman, Board of Supervisors J~I Clerk, Board of Supervisors Minutes Prepared By: (/~ chit, Jay Fl. T' bs Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 08/24/04