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October 27, 2004 Regular Meeting 16 A Closed Session of the Frederick County Board of Supervisors was held on Wednesday, October 27,2004, at 6:45 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Gary W. Dove; Bill M. Ewing; Gene E. Fisher; and Lynda 1. Tyler. ABSENT Vice Chairman Barbara E. Van Osten (Arrived at 7:10 P.M.); and Gina A. Forrester (Arrived at 6:51 P.M.) CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRES INTO CLOSED SESSION Supervisor Tyler moved that the Board of Supervisors convene in Closed Session pursuant to Code of Virginia. Section 2.2-3711 A (3) to discuss the acquisition and disposition of real estate. The motion was seconded by Supervisor Ewing and passed by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Aye Absent Aye Aye Aye Absent Aye (Supervisor Forrester arrived at 6:51 P.M.) BOARD WITHDRAWS FROM CLOSED SESSION Upon a motion made by Supervisor Tyler, seconded by Supervisor Forrester, the Board withdrew from closed session. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Aye Absent Aye Aye Aye Aye Aye BOARD RECONVENES INTO REGULAR SESSION Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04 169 Upon a motion by Supervisor Tyler, seconded by Supervisor Ewing, the Board reconvened into Regular Session, certified that to the best of each Board members knowledge only Virginia Code Section 2.2-3711 A (3) the acquisition and disposition of real estate were discussed, and that the Board recess until 7:15 p.m. The above motion was approved by the following recorded vote: Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Aye Abstained (Was not present during the closed session.) Aye Aye Aye Aye Aye CALL TO ORDER Chairman Shickle called the Regular Meeting to order at 7: 15 P .M.. INVOCATION In the absence of a minister, Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Van Osten 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 Tyler, seconded by Supervisor Forrester, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye CONSENT AGENDA There were no items for the consent agenda. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Tyler advised that she met with the Comprehensive Plans and Policies Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04 170 Subcommittee regarding the rural areas study. The Planning Commission will have an overview presentation of the study at its next meeting. She urged the Board to have the same presentation at its November meeting. The Board consensus was to schedule this presentation for its November meeting. MINUTES-APPROVED Upon a motion by Supervisor Ewing, seconded by Vice Chairman Van Osten, the Board approved the minutes from the October 12, 2004 meeting by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye COUNTY OFFICIALS RESOLUTION (#026-04) RE: DECLARATION OF EMERGENCY DUE TO HURRICANE JEANNE ON SEPTEMBER 28. 2004 - APPROVED Administrator Riley asked the Board to ratifY the declaration of emergency relative to Hurricane Jeanne that occurred on September 28,2004. He also commended the School System for holding students and working with the Emergency Management Officials to make sure the roads were passable before releasing students to go home. Upon a motion by Vice Chairman Van Osten, seconded by Supervisor Forrester, the Board approved the following resolution ratifying the declaration of emergency: WHEREAS, the Board of Supervisors of the County of Frederick does hereby ratifY: 1. Due to Hurricane Jeanne on September 28, 2004, the County of Frederick faced dangerous conditions from flooding activity. 2. Due to Hurricane Jeanne, a condition of extreme peril of life and property existed that necessitated the proclamation of the existence of an emergency by the Frederick County Administrator. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that the Board of Supervisors of the County of Frederick, Virginia ratifies the action by the County Administrator that an emergency existed throughout the county; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said emergency that powers, functions, and duties of the Director of Emergency Management and the Emergency Service Organization of the County of Frederick were those that were prescribed by state law and the ordinances, resolution, and approved plan ofthe County of Frederick in order to mitigate the effects of said emergency. Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04 1 "71 ADOPTED this 27'h day of October, 2004. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye COMMITTEE APPOINTMENTS GENE T. DICKS REAPPOINTED TO SERVE AS THE BACK CREEK DISTRICT REPRESENTATIVE TO THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Vice Chairman Van Osten, seconded by Supervisor Dove, the Board re- appointed Gene T. Dicks to serve as the Back Creek District Representative to the Frederick County Industrial Development Authority. This is a four year term, said term to expire N ovembcr 10,2008. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye SUPERVISOR GINA A. FORRESTER NOMINA TED TO SERVE AS FREDERICK COUNTY REPRESENTATIVE TO THE NORTHWESTERN REGIONAL JUVENILE DETENTION CENTER COMMISSION - APPROVED Upon a motion by Supervisor Tyler, seconded by Vice Chairman Van Osten, the Board nominated Supervisor Gina A. Forrester to serve as Frederick County representative to the Northwestern Regional Juvenile Detention Center Commission. This is a four year term, said term to expire December 11, 2008. (This nomination is forwarded to the Chief Judge of the Juvenile & Domestic Relations Court.) 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04 172 COUNTY TREASURER TO PRESENT ANNUAL REPORT Frederick County Treasurer C. William Orndoff, II. appeared before the Board to present his annual report. The report dealt with tax collections for FY 2003. He advised the Board that there would be issues affecting the State personal property tax reimbursement beginning in 2006, which could have adverse impacts on County revenues. MEMORANDUM OF AGREEMENT FOR CITY OF WINCHESTER TRANSIT EXTENSION IN TO FREDERICK COUNTY - APPROVED AS AMENDED Administrator Riley advised that this proposed memorandum of agreement would create two fixed transit routes designed to travel into Frederick County. The total cost of the program is estimated at $132,746. Estimated revenues decrease the total cost to $129,413. Of this amount, $122,942 would be paid by a grant, with the County share estimated at $6,741. The City will act as the fiscal agent for this project. Winchester Transit Authority Director Gary Lofton appeared before the Board regarding this item. He advised that the Authority was looking at leasing rather than purchasing buses for these routes. Planning Director Eric Lawrence reviewed the proposed routes and advised that they were trying to capture retail, industrial, and housing centers in them. Supervisor Forrester asked if Senseny Road was included in the proposed routes. Director Lawrence responded that he believed the buses would be picking up in that area. Supervisor Ewing asked how the parties could get out of this agreement, ifthe arrangement did not work out. Mr. Lofton responded that the grant could be stopped at anytime, but the buses would be leased for one year. Administrator Riley suggested inserting standard boilerplate language, which would permit the agreement to be terminated with 90 days notice prior to the end of the fiscal year in the event the project was not working out. He further advised that the Board also needs to set the rate for bus fare. Upon a motion by Supervisor Tyler, seconded by Vice Chairman Van Osten, the Board approved the memorandum of agreement, as amended, and also appropriated $6,471.00 from operational contingencies to cover the County share. Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04 173 THIS AGREEMENT is executed in duplicate as of this 27th day of October, 2004, by and between the County of Frederick (hereinafter referred to as "Frederick County") and the City of Winchester (hereinafter referred to as "Winchester"), the two jurisdictions being hereafter collectively referred to as "Participating Jurisdictions". WHEREAS, the Virginia Department of Rail and Public Transportation (hereinafter referred to as "VDRPT") has approved a grant for monies to provide public transportation to residents of Frederick County, Virginia. Two fixed routes designed to travel into Frederick County and link into the fixed route system in Winchester, with hours of operation Monday thru Friday, 6:00 a.ill. to 6:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m.; and WHEREAS, the Participating Jurisdictions desire to facilitate this project and are committed to and have mutually agreed to work together to achieve this extended transit service into Frederick County; and WHEREAS, once all grant funding for said project has expired, the City will incorporate this project into its operating budget. NOW, THEREFORE, that for and in consideration of the mutual undertakings of the parties to this Agreement, the Participating Jurisdictions hereby covenant and agree with each other as follows: 1. JOINT PARTICIPATION. The Participating Jurisdictions agree to participate in the extended transit service into Frederick County, said routes of service depicted on the attached exhibit ("Exhibit A"). 2. DURATION. The duration of said project shall be July 1,2004 and expire on June 30, 2006. Once all grant funding has expired, the City will incorporate this project into its operating budget. 3. DIVISION OF PROJECT COSTS. The estimated project cost for the transit extension into Frederick County is $132,746, less estimated revenues of$3,333, at a total estimated expense of$129,413. For each fiscal year, costs for implementation oftransit extension shall be divided and paid by the following: a. State share ofthe project costs: $122,942 or 95% ofthe estimated project costs to be paid by VDRPT. b. Local Share of Project Costs: $6,471 or 5% of the estimated project costs to be paid by Frederick County. Further, Frederick County agrees to be responsible for 100% of any additional costs and/or expenditures incurred over and above the estimated project costs. c. Reimbursement: The City shall provide the funding for the extension and apply for reimbursement from VDRPT and Frederick County for the aforementioned shares. 4. FISCAL YEAR. The fiscal year for purposes ofthis project shall be from July 1 through June 30. 5. SEVERABILITY. If any part or parts, section or subsection, sentence, elause, or phrase of this agreement is for any reason declared to be unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this agreement. 6. COMPLETENESS OF AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto, and supersedes all prior negotiations, representations, or agreements, either oral or written. Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04 ! 174 7. AMENDMENT. This Agreement may be amended upon mutual agreement of the Participating Jurisdictions by a written amendment or modification hereto. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Upon a motion by Supervisor Tyler, seconded by Vice Chairman Van Osten, the Board set the bus fare for County routes at $.50. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye 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: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $17.619.748.93. THIS AMOUNT REPRESENTS CARRY-FORWARDS IN CONSTRUCTION FUND PROJECTS AND INCLUDES THE ADDITIONAL $2.1 MILLION INCREASE TO THE 11TH ELEMENTARY SCHOOL. (RESOLUTION #025-04) - APPROVED Administrator Riley advised that this public hearing was for an amendment to the FY 2004- 05 Budget to reflect a School Construction Fund Supplemental Appropriation in the amount of $17,619,748.93. This amount represents Carry-Forwards in Construction Fund Projects and Includes the Additional $2.1 Million Increase to the 11 th Elementary School. Chairman Shickle convened the public hearing There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice Chairman Van Osten, seconded by Supervisor Tyler, the Board approved Fiscal Year 2004-2005 Budget Amendment Resolution: WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04 175 public hearing held on the October 27,2004, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2004- 2005 Budget be Amended to Reflect: School Construction Fund Supplemental Appropriation in the Amount of$17,619,748.93. This Amount Represents Carry-Forwards in Construction Fund Projects and Includes the Additional $2.1 Million Increase to the II th Elementary School. ADOPTED this 27th day of October 2004. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #22-04 OF ROBERT E. ROSE MEMORIAL FOUNDATION. SUBMITTED BY LAWTON SAUNDERS. FOR AN ADDITION TO THE EXISTING LICENSED HOME FOR ADULTS AND ADULT CARE FACILITY. THE PROPERTY IS LOCATED AT 549 VALLEY MILL ROAD (ROUTE 659). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 55-A-56 IN THE RED BUD MAGISTERIAL DISTRICT - APPROVED Planner I David Beniamino appeared before the Board on behalf of this application. He advised that this was an application for a conditional use permit for a proposed 5,600 square foot addition to an existing convalescent and nursing home, adult care residence and assisted living facility. The addition will include a physical therapy room and eight additional resident rooms. The property zoned RP (Residential Performance) and is located in the Red Bud Magisterial District. The Planning Commission reviewed this application at its October 6, 2004 meeting and recommended approval. Planner I Beniamino advised that staff would recommend approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. A site plan must be submitted and approved prior to issuance of any building permits. 3. Applicant must comply with all requirements of the state and county codes pertaining to adult care facilities at all times. 4. Any expansion or modification ofthis use shall require approval ofa new site plan and a Conditional Use Permit. Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04 176 Mr. Lawton Saunders, applicant, appeared before the Board and stated that he believed this project would have minimal impact and should not create adverse drainage problems. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the Board approved Conditional Use Permit #22-04 with the conditions recommended by staff. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye PUBLIC HEARING - REZONING #12-04 OF THE BUTCHER PROPERTY (BRIARWOOD LCl. SUBMITTED BY GILBERT W. CLIFFORD & ASSOCIATES. TO REZONE 29.9891 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY IS LOCATED EAST OF GREENWOOD ROAD (ROUTE 656). SOUTH AND ADJACENT TO THE BRIARWOOD SUBDIVISION. IN THE RED BUD MAGISTERIAL DISTRICT. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 55-A-200.- APPROVED Planning Director Eric Lawrence appeared before the Board on behalf of this application. He advised that this was an application to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District to accommodate 69 single family detached dwellings with minimum lot sizes of 12,000 square feet. The property is located in the Red Bud Magisterial District. The applicant has proffered: 1. The site will be developed to accommodate no more than 69 single family detached dwelling units (12,000 square foot minimum lot size). 2. A contribution of $1 0,206 per lot to lessen the impacts on capital facilities. An escalator cause has also been proffered, which would go into affect for new construction set forth after 30 months. 3. The applicant will enter into a signalization agreement with VDOT for the intersection of Farmington Boulevard and Greenwood Road. 4. The applicant will implement traffic calming techniques along Farmington Boulevard. 5. Utilization of the County's public water and sewer system. 6. Creation of a homeowner's association. Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04 177 7. Stormwater management and best management practices. 8. Adherence to the RP Residential Performance regulations. The property requested for rezoning is within the Urban Development Area and is generally consistent with the land use policies found in the Comprehensive Policy Plan. The Planning Commission reviewed this application at its October 6, 2004 meeting and recommended approval with the proffers as submitted. He concluded by saying that Chuck Maddox, G. W. Clifford & Associates, was present on behalf of the applicant. Mr. Maddox informed the Board that the applicant had adjusted the proffers to provide for a phasing of the project over two years, with 36 units being constructed in year one. Supervisor Ewing asked when the first occupancy permits could be issued. Mr. Maddox responded that he hoped to have them by the end of year one or next fall, at the earliest. Supervisor Fisher asked about the traffic calming techniques that would be used in this development. Mr. Maddox responded that the applicant was proposing to narrow the roadway. Chairman Shickle asked where in the proffers was the phasing proffer listed. Director Lawrence responded that it was on page 2 ofthe revised proffers that were attached to the staff report and dated October 18,2004. He advised that it was not included on the proffer statement in the applicants information package. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Supervisor Forrester moved to deny rezoning application #12-04. The motion was seconded by Supervisor Tyler. Supervisor Forrester stated that she did not believe that the proposed rezoning protected or improved the environment for the residents ofthe Red Bud District. She stated that the schools were overcrowded now and she needed the other Supervisors to help her control the timing of growth. She went on to say that she did not want her district to be the "throwaway" district ofthe county because of the development that has occurred or is occurring. She stated that there was a need to mitigate Minute Book Nnmber 30 Board of Supervisors Regular Meeting of 10/27/04 178 the impacts of development, such as transportation issues. She concluded by urging the Board to vote no on this application. There being no further discussion, the motion failed by the following recorded vote: Richard C. Shickle Nay Barbara E. Van Osten Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Nay Gina A. Forrester Aye Lynda J. Tyler Aye Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved Rezoning Application #12-04. Supervisor Dove stated that the Board could not control the schools, that was the job of the school board. He advised that by Fall 2005 the county schools would have capacity for 800 students. He concluded by saying that the Board could not wait to approve projects until the infrastructure was in place. Vice Chairman Van Osten stated that she appreciated Supervisor Forrester's remarks, but she thought the Urban Development Area was to help plan growth and she hoped the new schools would be ablc to handle it. Supervisor Tyler stated that she was aware that this project fit into the Comprehensive Plan, but her concern was the children, who would continue to be uprooted because of redistricting caused by growth. Supervisor Fisher stated that he was sympathetic to Supervisor Forrester's comments, but this project did make sense from a planning perspective. Supervisor Dove stated that he liked the phasing of this project and he hoped the development community would take note that this is one way to control growth. Chairman Shickle stated that he could not have supported this project without the proffered phasing plan provided by the applicant. There being no further discussion, the motion to approve rezoning # 12-04 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 10/27/04 179 Gene E. Fisher Gina A. Forrester Lynda J. Tyler Aye Nay Nay PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING: ADDING MS (MEDICAL SUPPORT) DISTRICT TO ARTICLE IV, SUPPLEMENTARY USE REGULATIONS: SECTIONS 165-47 C (1), LANDFILLS, JUNKYARDS, TRASH DISPOSAL, AND INOPERABLE VEHICLES: AND ARTICLE XVIII, MASTER DEVELOPMENT PLAN: SECTIONS 165-133, WHEN REOUIRED AND SECTION 165-134, WAIVERS - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf of this item. He advised that the Development Review and Regulations Subcommittee (DRRS) at its June 24, 2004 meeting discussed adding "MS (Medical Support) District" to sections of the Frederick County Zoning Ordinance. This change would include references to the MS (Medical Support) District Section 165-47 C (1) and Sections 165-133 & 134 of the zoning ordinance. The existing zoning ordinance requirements regarding the MS District are not included in these sections of the zoning ordinance, as written. Staff supports the DRRS recommendation of adding MS (Medical Support) District in the relevant sections of the Frederick County Zoning Ordinance. The Planning Commission held a public hearing on this amendment at its October 6, 2004 and unanimously recommended approval of this proposed amendment. Chairman Shickle convened the public hearing. 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 Ordinance Amending the Frederick County Code Chapter 165, Zoning. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-47 C (1), Inoperable Motor Vehicles; and Article XVIII, Master Development Plan, Section 165-133, When Required, and Section 165-134, Waivers, to include the Medical Support (MS) 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 June 24,2004; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption of July 21, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on October 27,2004; and Minute Book Number 30 Board of Supervisors Regular Meetiug of 10/27/04 180 WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165-47 C (1), Inoperable Motor Vehicles; and Article XVIII, Master Development Plan, Section 165-133, When Required, and Section 165-134, Waivers, Regulations are amended to include the Medical Support (MS) District. This amendment is amended as described on the attachment. Section 165-47 C (I) as amended: Inoperable motor vehicles shall not be stored outside of a total enclosed building in the following zoning districts: RP Residential Performance R4 Residential Planned Community R5 Residential Recreational Community MHI Mobile Home Community HE High Education MS Medical Support B I Business Neighborhood B2 Business General B3 Industrial Transition MI Industrial Light M2 Industrial General EM Extractive Manufacturing Section 165-133 When Required: A. A preliminary Master Development Plan (MDP) and a final MDP shall be submitted to the Director of Planning and Development for Planning Commission and Board of Supervisors approval prior to any subdivision or development of property in any of the following zoning districts: RP Residential Performance R4 Residential Planned Community R5 Residential Recreational Community MH1 Mobile Home Community HE Higher Education MS Medical Support BI Business Neighborhood B2 Business General B3 Industrial Transition M 1 Industrial Light M2 Industrial General EM Extractive Manufacturing Section 165-134 Waivers: A. RP, R4, R5, MS, and MH 1 Districts. The Director of Planning and Development may waive the requirements of a MDP in the Residential Performance District, Residential Planned Community, Residential Recreational Community, Medical Support, and Mobile Home Community District, if the proposed property for subdivision and development: This ordinance shall be in effect on the day of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27104 '181 Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. ARTICLE IV. SUPPLEMENTARY USE REGULATIONS: SECTION 165-48. CAR WASHES. REGARDING ADDING HOURS OF OPERATION FOR CAR WASHES IN THE B2 (BUSINESS GENERAL) ZONING DISTRICT - APPROVED At their meeting of May 27,2004, the Development Review and Regulations Subcommittee (DRRS) recommended adding hours of operation for car washes located in the B-2 (Business General) Zoning District, under Section 165-48 ofthe Frederick County Zoning Ordinance. These hours of operation would only apply to B-2 property that is adjacent to RA (Rural Areas) with residential dwellings, RP (Residential Performance), R-4 (Residential Planned Community), R-5 (Residential Recreational Community), MS (Medical Support with Residential Component), or MH- 1 (Mobile Home Community) zoned land. The DRRS felt that adding hours of operation would be consistent with current Zoning Ordinance requirements for car washes located in the B-1 (Business Neighborhood) Zoning District and would negate any nuisance factors. The Planning Commission held its public hearing on October 6,2004. The consensus ofthe Planning Commission was that it would be appropriate to apply the amendment to any new car wash or those existing car washes modifying their facility with technological upgrades. It was noted that existing car washes would not be affected and the amendment would apply only to those facilities adjacent to residential uses. It was pointed out that ifthis amendment was approved, it would make car washes consistent with the existing code for car washes in the B 1 District, which currently restricts hours of operation. The Planning Commission recommended approval ofthe proposed amendment as presented. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the Ordinance Amending the Frederick County Code Chapter 165, Zoning. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article IV, Supplementary Use Minute Book Number 30 Board of Supervisors Regular Meetiug of 10/27/04 182 Regulations, Section 165-48, Car Washes, to include hours of operations in the B2 (General Business) 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 May 27, 2004; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on October 6, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on October 27,2004; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165-48 is amended to include hours of operations in the B2 (General Business) District. This amendment is amended as described on the attachment. Section 165-48. Car Washes A. Car washes located in the B-1 (Business, Neighborhood District) and B-2 (Business, General District) Zoning District, adjacent to RA with residential dwellings, RP, R-4, R-5, MS (Medical Support with Residential Component), and MH-1 zoned properties shall have an operator on site during all hours of operation. B. Car washes located in the B-1 (Business, Neighborhood District) and B-2 (Business, General District) Zoning District, adjacent to RA with residential dwellings, RP, R-4, R-5, MS (Medical Support with Residential Component) and MH-1 zoned properties shall be operated only during the following hours: Days: Hours: Monday through Friday 7:00 a.m. to 9:00 p.m. Saturday 8:00 a.m. to 9:00 p.m. Sunday 12:00 p.m. to 6:00 p.m. This ordinance shall be in effect on the day of adoption. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye BOARD LIAISON REPORTS Supervisor Tyler advised that visitation is up according to the Winchester-Frederick County Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04 183 Convention and Visitor's Bureau, Apple's on Parade is taking shape, and Congressman Wolfe has obtained grant funding for the Winchester-Frederick County Convention and Visitor's Bureau and the Loudoun Convention and Visitor's Association for the purchase of electronic information kiosks. The Winchester-Frederick County MPO will hold a public information meeting on Thursday, October 28, 2004 from 4:00 p.m. to 7:00 p.rn. Vice Chairman Van Osten advised that the County is in its second round of public information and comment meetings regarding the Rural Areas Study. Supervisor Fisher attended the Sanitation Authority meeting and they approved an increase in lateral charges; the County has also received 12 inches of rain and the Parkins Mill plant was at full capacity; and the Route 50 project has been put out to bid. Supervisor Forrester advised that the Director of Social Services would like to meet with the Board to discuss budget issues. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle reminded the Board to attend the City/County Summit that will be held tomorrow, October 28,2004 at 5:30 p.m. at Rouss City Hall. Supervisor Forrester reminded everyone to vote next week. ADJOURN UPON A MOTION MADE BY SUPERVISOR EWING, SECONDED BY SUPERVISOR TYLER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:00 P.M.). ~~~ Richard C. Shickle Chairman, Board of Supervisors tlf:{' Clerk, Board of Supervisors Minutes Prepared By: gCl.M L {:.1J... Jay E. TibAs Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 10/27/04