HomeMy WebLinkAboutApril 22, 2002 Regular Meeting
722
A Regular Meeting of the Frederick County Board of Supervisors was held on April 22,
2002, at 6:00 P.M., (Closed Session with Frederick County School Board) in the Board of
Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester,
Virginia.
PRESENT
Chairman Richard C. Shickle; Vice Chairman W. Harrington Smith, Jr.; Robert M. Sager;
Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler
School Board members and staff were also present.
CALL TO ORDER
Chairman Shickle called the meeting to order.
BOARD RETIRED INTO CLOSED SESSION
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the Board retired
into Closed Session in accordance with the Code of Virginia. 1950, as amended, Section 2.1-344,
Subsection A (3) to discuss Acquisition and Disposition of Real Estate.
BOARD WITHDREW FROM CLOSED SESSION
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board withdrew
from Closed Session.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
BOARD RECONVENED INTO REGULAR SESSION
Upon made by Supervisor Smith, seconded by Supervisor Douglas, the Board reconvened
into Regular Session and certified nothing other than what was noted as reason for going into Closed
Session was discussed.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
23
Lynda 1. Tyler - Aye
Gina A. Forrester - Aye
INVOCATION
The invocation was delivered by Reverend Ruth Crum ofthe Church ofthe Good Shepherd.
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
Administrator Riley advised that he had no changes.
Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the agenda was
adopted, as presented, by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
CONSENT AGENDA
Administrator Riley suggested the following tabs for approval under consent:
1. Proclamation Re: Annual National Association of Letter Carriers' Food Drive Day - Tab
C;
2. Resolution Re: Request for Installation of "Watch for Children" Signs - Lucas Lane
(Route 750) and Middle Lane (Route 626) Tab E.
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the consent
agenda, as noted above, was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda 1. Tyler - Aye
Gina A. Forrester - Aye
CITIZEN COMMENT
Doug Dolan, Red Bud District, asked the Board not to Fairfax Frederick County. He stated
that he lived in Fairfax at one time and saw what happened to it when growth got out of control. He
asked the Board to make sure this does not happen here.
Pam Kennedy, Gainesboro District, addressed growth in Frederick County and what she feels
needs to be done to get this under control. She feels a vision is needed and that trends need to be
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
724
controlled. The supervisors serve as speakers for the county citizens.
MINUTES
Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the minutes of
the Regular Meeting of February 27,2002, were approved, as presented, by the following recorded
vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the minutes ofthe
Regular Meeting of March 13, 2002, were approved, as presented, by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
COUNTY OFFICIALS
COMMITTEE APPOINTMENTS
JANET RANKIN APPOINTED TO SHA WNEELAND SANITARY DISTRICT
ADVISORY COMMITTEE
Upon motion made by Supervisor Douglas, seconded by Supervisor Forrester, Janet Rankin
was appointed to the ShawneeLand Sanitary District Advisory Committee, for a three year term.
This appointment will become effective July 1,2002 and expire on June 30, 2005.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PROCLAMATION (#007-02) RE: ANNUAL NATIONAL ASSOCIATION OF
LETTER CARRIERS' FOOD DRIVE DAY - APPROVED UNDER CONSENT
AGENDA
WHEREAS, Saturday, May 11, 2002, has been designated as Food Drive Day by the
National Association of Letter Carriers and will be observed by letter carriers in the County of
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
725
Frederick; and
WHEREAS, the letter carriers serve citizens of our fine county in an exemplary manner
through the most hazardous weather, be it snow, rain or extreme summer heat; and
WHEREAS, this most faithful and dedicated civil servant never fails to complete his rounds
of serving our entire population; and
WHEREAS, letter carriers throughout the County of Frederick will be collecting food to
replenish food pantries for the less fortunate and the homeless; and
WHEREAS, the people ofthis great county wish to express their appreciation for, and show
recognition of the efforts and sacrifices made by their faithful letter carrier.
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of
Supervisors does hereby proclaim May 11, 2002, as Letter Carrier Food Drive Day in the County
of Frederick, and urge all citizens to join in its observance.
ADOPTED, this 22nd day of April 2002.
PROCLAMATION (#008-02) RE: CLEAN SWEEP DAY - APPROVED
Administrator Riley read the following proclamation
WHEREAS, the Frederick County Board of Supervisors recognizes its duty to preserve the
quality of life for its citizens; and
WHEREAS, the Board acknowledges the detrimental environmental impact oflitter on the
county's soils, woodlands, watersheds, and wildlife; and
WHEREAS, the Board also acknowledges the negative social and economic impacts of
litter; and
WHEREAS, the Board commits to prevent and control litter through education, awareness,
enforcement and community cleanup initiatives; and
WHEREAS, the Board solicits the cooperation of local officials, state legislators,
community volunteers, and various government agencies to combat litter in the community; and
WHEREAS, the Board recognizes the need for volunteers and corporate stewardship and
support in order to achieve these goals.
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of
Supervisors does hereby proclaim Saturday, May 18, 2002 as Frederick County Clean Sweep Day.
Adopted this 22nd day of April 2002.
Supervisor Tyler thanked everyone for all their help and especially Gloria Puffinburger,
Litter Control Coordinator for the county, and all her efforts on behalf of this project.
Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the above
proclamation was approved by the following recorded vote:
Richard C. Shick1e - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
726
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
RESOLUTION (#041-02) RE: REOUEST FOR INSTALLATION OF :WATCH FOR
CHILDREN SIGNS - LUCAS LANE (ROUTE 750) AND MIDDLE LANE (ROUTE
626) - APPROVED UNDER CONSENT AGENDA
WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia
adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists
that children may be at play nearby," and
WHEREAS, this act provides for the adoption of a resolution by the governing body of any
county requesting the Virginia Department of Transportation to install and maintain this type of sign,
and
WHEREAS, the source of funding for the installation of this sign shall come out of the
secondary system construction allocation to the affected county. The costs of maintaining such sign
shall be paid out of the secondary system maintenance allocation to the affected county; and
WHEREAS, Lucas Lane (Route 750) and Middle Lane (Route 626), are located in a
residential area and are within the secondary road system and are viable candidates for "Watch for
Children" signs, and
BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does
hereby request that the Department of Transportation install "Watch for Children" signs at the
entrance of Lucas Lane (Route 750) and Middle Lane (Route 626). These roads are located in
residential areas in Gore, Virginia, and signs should be placed in accordance with the provisions of
Section 33.1-210.2 ofthe Code of Virginia.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the
Resident Engineer of the Virginia Department of Transportation.
Passed this 22nd day of April 2002.
PUBLIC HEARING
PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT - REOUEST OF LESLIE R.
MCKEE. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86.
FESTIVALS: SECTION 86-3 C. PERMIT REOUIRED: APPLICATION: ISSUANCE
OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT FOR MCKEE'S TRAIL
RIDE. FESTIVAL TO BE HELD ON SATURDAY. MAY 25. 2002. ON PROPERTY
OWNED BY LESLIE R. MCKEE. 299 OPEOUON WOODS CIRCLE.
STEPHENSON. VA-APPROVED
Administrator Riley presented this request to the Board.
Mr. McKee appeared before the Board on behalf of his request.
There was no public comment.
Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, the outdoor festival
permit of Leslie R. McKee was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
727
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS
PUBLIC HEARING - CONDITIONAL USE PERMIT #06-02 OF FLOYD L. LEE
FOR A RESTAURANT. "OUR LITTLE DINER." THIS PROPERTY IS LOCATED
AT 3131 FRONT ROYAL PIKE AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBER 87-A-66 IN THE SHAWNEE MAGISTERIAL
DISTRICT - APPROVED
Planner I Rebecca Ragsdale presented this request to the Board advising that the Planning
Commission recommended approval with conditions
Supervisor Srnith asked Mr. Lee ifhe was okay with #5.
(An engineered site plan will be approved by the County. All improvements will be installed
before operation of the restaurant. These improvements shall include a minimum of nine (9)
parking spaces which shall be located to ensure vehicles do not back onto Front Royal Pike
or adjoining properties.
Mr. Lee replied yes.
There was no public comment.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, CUP #06-02 was
approved, as presented, by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PUBLIC HEARING - CONDITIONAL USE PERMIT #07-02 OF CHARLES G.
LLOYD FOR A COTTAGE OCCUPATION FOR CUSTOM FURNITURE AND
REPAIR. THIS PROPERTY IS LOCATED AT 240 GOUGH ROAD AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 60-A-40B IN THE
BACK CREEK MAGISTERIAL DISTRICT - APPROVED
Planner I Rebecca Ragsdale presented this request to the Board advising that the Planning
Commission recommended approval, with conditions, as noted.
Mr. Lloyd appeared before the Board on behalf of his request.
Supervisor Sager asked Mr. Lloyd how close he was to the closest neighbor, and if he
planned to have an exhaust fan in the building?
Mr. Lloyd advised that his operation was mainly for repair work, not a lot of production type
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
728
work.
There was no put comment.
Supervisor Sager advised that his questions were presented in a manner in which to protect
Mr. Lloyd as he recalls a request made a few years ago, similar to this one, and the neighbors were
back later before the Board to complain about the fumes that were coming from the building.
Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, CUP # 07 -02 was
approved, as presented, by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PUBLIC HEARING - CONDITIONAL USE PERMIT #08-02 OF KIM A. NAIL FOR
AN EXPANSION OF CONDITIONAL USE PERMIT #001-92. NAIL'S ARCHERY
SHOP. TO INCLUDE AN OUTDOOR ARCHERY RANGE. THIS PROPERTY IS
LOCATED AT 307 WHITETAIL LANE AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBER 19-A-27A IN THE GAINESBORO MAGISTERIAL
DISTRICT - APPROVED
Planner I Rebecca Ragsdale presented this request to the Board advising that the Planning
Commission recommended approval with conditions.
Kevin Nail appeared before the Board on behalf of his request.
Supervisor Reyes questioned the use of four wheelers. He asked Steve Melnikoff from
VDOT his opinion about the planned entrance, in light of the fact that this is a private road.
Mr. Melnikoff advised that VDOT was not completely comfortable with the entrance,
however, they were working with Mr. Nail on this.
Upon motion made by Supervisor Reyes, seconded by Supervisor Tyler, CUP #08-02 was
approved, as presented, by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PUBLIC HEARING - REOUEST TO EXPAND THE SEWER AND WATER
SERVICE AREA (SWSA) TO INCORPORATE A 57.87 ACRE SITE OWNED BY
KATHRYN M. PERRY AND IDENTIFIED WITH PROPERTY IDENTIFICATION
NUMBER 64-A-116. ZONED B2 (BUSINESS GENERAL) DISTRICT. THIS
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
729
PROPERTY IS LOCATED ON MILL WOOD PIKE (ROUTE 50 E). NORTH OF THE
WESTVIEW BUSINESS CENTER. IN THE SHAWNEE MAGISTERIAL DISTRICT.
A SMALL PORTION OF THE PROPERTY IS CURRENTLY IN THE SWSA -
APPROVED
Assistant Planning Director Lawrence presented this request to the Board advising that the
site is included in the Route 50 East Corridor Land Use Plan, the plan resulting from the land use
study undertaken in 1994. The Plan identifies the site for commercial use. The Comprehensive
Plans and Programs Subcommittee (CPPS) considered this request on February 11,2002. The CPPS
believed, that based on the site's present B2 (Business General) District zoning and its proximity to
other commercial and industrial uses, it would be appropriate to include the site in the County's
Sewer and Water Service Area (SWSA). He further advised that the Planning Commission and the
Board of Supervisors have both reviewed this request in a discussion format. Following the Board's
discussion, staff was directed to schedule the SWSA request for public hearing.
Supervisor Smith asked if the property owner would be responsible for the cost of this
project.
Assistant Lawrence replied yes.
Supervisor Forrester asked what is located to the east of the property.
Assistant Lawrence advised it was agricultural land, RA use.
There was no public comment.
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the request to
expand the SWSA as noted above, was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Nay
PUBLIC HEARING - REZONING #07-01 OF RUTHERFORD'S FARM
INDUSTRIAL PARK. SUBMITTED BY GREENWAY ENGINEERING. TO
REZONE 5.1 ACRES OF RP (RESIDENTIAL PERFORMANCE) AND 149.3 ACRES
OF RA (RURAL AREAS) TO 116.7 ACRES OF M1 (LIGHT INDUSTRIAL): 23.2
ACRES OF B2 (BUSINESS GENERAL): AND 14.5 ACRES OF B3 aNDUSTRIAL
TRANSITION). THIS PROPERTY IS BOUNDED BY INTERSTATE 81 ON THE
WEST AND MARTINSBURG PIKE ON THE EAST AND SOUTH. AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 43-A-96: 43-A-97:
43-A-98: 43-A-99: 43-A-100 AND 43-A-111 IN THE STONEWALL MAGISTERIAL
DISTRICT - APPROVED
Assistant Lawrence presented this request to the Board. (Director Wyatt was not present for
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
730
this request). He advised this request was presented to the Planning Commission in November of
2001. Due to some outstanding transportation issues it was deferred until February of this year at
which time the Planning Commission recommended approval. Assistant Lawrence explained the
location of the acreage, by way of maps, on display behind the Board. He advised that the entire 154
acres is being requested to be included within the interstate area overlay, which essentially allows
for the higher signs. As far as the Comprehensive Policy Plan pertains to this property, the parcel
is within the county's sewer and water service area and is a component of both the Northeast Land
Use Plan which was adopted in September of2000, and its predecessor, the Route 11 Corridor Plan,
which was adopted by the Board in 1997. This property has been within the sewer and water service
area since the sewer and water service area was established. He further advised that a number of
potential impacts have been identified throughout this process. He started with the transportation
impact advising that the applicant has projected traffic in two different ways using the IT
(traditional) method and projected approximately 9700 vehicles per day would be generated from
this property. Based upon comparison of some of the other industrial parks within the county the
applicant feels the reality would be closer to 5000 vehicles per day. He further advised that both
staff and VDOT concurs this is certainly a valid range. He further advised that the applicant has
provided projections utilizing figures that the Sanitation Authority feels are appropriate. Reasonable
projection is 500 gallons per day, per acre, and reasonable to assume that would be generated for
sewer uses and approximately 1,000 gallons per day, per acre, would be the quantity of water that
would be used in this type of industrial park. This is based on some analysis that was done a couple
of years ago, and the Sanitation Authority feels these number are accurate. Based upon these figures
the applicant feels for the 154 acres there would be a usage of approximately 154,000 gallons of
water per day and 77 gallons per day of sewer service discharge. The Sanitation Authority has stated
that they feel there is adequate capacity within the county's current system to accommodate this.
The Rutherford Farm, which is a historic site, as well as the properties in close proximity to it, The
Second Battle of Winchester, and the Battle of Rutherford's Farm. The Historic Resources Advisory
Board did review this application, on three different occasions. Their recommendation was to
endorse the proffers that the applicant had offered. The proffer statement submitted by the applicant
has been reviewed by the county attorney, signed by the property owners, and it is in conformance
with the standard format that the county accepts. Mr. Smith listed the proffers as spelled out in the
Minute Book Number 27
Board of Snpervisors Meeting of 04/22/02
731
Board's agenda information. In conclusion, he advised that this request is in conformance with the
Sewer and Water Service Area, the Comprehensive Plan, the Northeast Land Use Plan. These plans
call for commercial and industrial use on this property, and this is what is being sought. He further
advised that at the Planning Commission meeting in November, the outstanding issue was
transportation, at which time six citizens addressed this concern, and at that time the applicant
requested to have this request tabled. He further advised that at the February 6,2002 meeting, both
staff and VDOT concurred that the applicant had attempted to mitigate the transportation impacts
through the revised proffer statement. This statement provided for a traffic signal at the south bound
lane for Interstate 81 at Route 11 and some other proffers which assisted in providing for the Route
81 right-of-way and future expansion project. Buildings will not be placed within the future
Interstate 81 expansion area but the land will be made available to VDOT. The Planning
Commission does feel that the proposal is appropriate and therefore recommends approval.
Supervisor Tyler referred to the DSA planting area and asked if this was going to have some
plants established in the berms between the homes that are located adjacent to the inland portion.
Assistant Lawrence replied that the homes directly adjacent to the industrial park, this
particular berm would not be adjacent to them. The county has a zoning district with buffer
requirements which far exceeds this proffered berm.
Supervisor Tyler also addressed the storm water management and asked where this would
be addressed.
Assistant Lawrence advised this is done typically during the master plan stages.
Supervisor Reyes addressed the proffer statement as it relates to the area of construction of
a major collector road, and asked where is this road located.
Assistant Lawrence explained that it was the red line on the map. It will end at the property
line.
Supervisor Forrester asked about the impacted road systems in the area and there current
level of service.
Homer Coffman with VDOT appeared before the Board and advised that the developer could
better answer this question.
Mark Smith of Greenway Engineering advised that he would need a few minutes to look up
this information. He advised that on the build out, what you are going to have is basically
Minnte Book Number 27
Board of Supervisors Meeting of 04/22/02
732
maintaining C's andB's all along Route 11. He would provide this information in two parts, Route
11 and then Interstate 81. This is the same exercise presented to the Planning Commission. He
advised that this has been a very long process. The exiting on Route 11, the ITE Manual, all the
numbers and these projections, and the level of services is on the higher numbers for the Institute
of Traffic Engineers. The 317 Interchange conditions change depending on the time of day.
Supervisor Forrester asked Mr. Smith ifhe was anticipating the stacking of trucks on the
interchange because of those conditions?
Mr. Smith replied that it all depends again on the use ofthe interchange it self If you have
a large number of trucks that are using the southbound exit ramp, yes, you could have stacking.
Supervisor Tyler referred to the wording "when warranted." She would like to know what
the conditions are that stipulate from VDOT when it is warranted, and additionally what time frame
from when you feel it is warranted until we can have corrected answers.
Mr. Coffman answered the second part first. When warranted, we would expect the signal
would be installed within six months, once the warrants are met. First part of the question has to do
with the document he had, which he would be happy to share, there are actually eleven different
warrants, some of which, to meet a warrant you may have a combination of two or three, or a
combination of more than that to make the warrant.
Supervisor Tyler - Ifwe start to see a problem that's addressed with traffic she would like
to move forward immediately instead of waiting to get this done. She would like to see the
signalization, the road improvements done when the first person is getting ready to open their doors
and move trucks.
Mr. Coffman advised the process of evaluating, which would go forward right away.
Supervisor Tyler requested a copy of this information from VDOT.
Kevin Kennedy, Gainesboro District, feels there is something to be said to using some
portion of this land for some sort of development. He told the Board that he felt this was a
wonderful opportunity for the entire Board to handle the development proposal differently from how
it has been done in the past. He does feel more can be done in the area of proffers. He urged the
Board to keep control of this.
Sam Lehman, Back Creek District, advised that in looking at the tax records, the county has
over 800 acres of vacant M -1 land, 281 vacant acres ofM -2 land, and other parcels north of Stephens
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
(33
City including 115 between the railroad and Route 11. He feels this will really add a lot of traffic
south ofthis area which the applicant really cannot do much about. He feels this is another blank
check for industrial jobs. He feels this will be a big tax deficit that will hit him in the pocketbook.
He stated that the Sanitation Authority claims they have plenty of water, he thinks they do 99 Y, %
of the time, it's the half percent of the time that we have a drought that they don't have water. He
doesn't like the thoughts of the Sanitation Authority digging wells near quarries.
Supervisor Tyler moved to approve Rezoning #07-01 of Rutherford's Farm Industrial Park.
Supervisor Smith seconded the motion.
Supervisor Tyler stated that some questions had been raised about an opportunity to do some
things differently. She feels the applicant needs to be commended for doing things somewhat
differently with this application. She feels they have raised the bar significantly for developers to
follow. It is somewhat unprecedented that they are willing to spend this amount of money for road
improvements to try and minimize what is going to happen. She would also include the B&P and
the recycling efforts that they are also going to be doing. She would like to make a suggestion for
further development, until we can get our act together as a county and clean up our standard
industrial codes. She feels we should be able to proffer out, or ask for more proffering out of what
is allowed in our county as opposed to what isjust cart blanche for M-I. She certainly hopes the rail
is going to be utilized.
Chairman Shickle inquired of Mr. Smith what has been, or is planned to be, the activities
between the developers and the neighbors.
Mark Smith replied not that he is aware of with the neighbors. The back portion is M-2.
Chairman Shickle advised he was speaking mainly to the people along Route 11.
Mr. Smith advised the plan was to utilize the mounding ofthe berm and the trees to help with
the deadening of the sound in this area.
Chairman Shickle asked Mr. Smith when he is working with the soon to be owners of the
property, ifhe has a vision or desire of what type of industrial park this will be.
Mr. Smith advised with the front part ofthe land they are hoping for maybe a hotel site, some
type of convenience that would go along with the hotel site. The B-3 was put in to capture what is
not between our ordinance of B-2 and M-1. This area is more dressed up. The M-l, the rail is the
big attraction here. No contract has been signed.
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
734
Supervisor Reyes advised his remark is directed to the applicant. He is impressed with the
proffers that have been proffered in this particular incidence; however, he would like to be able to
ask for more, but he knows that is not negotiable.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda 1. Tyler - Aye
Gina A. Forrester - Aye
OTHER PLANNING ITEMS
REOUEST FOR WAIVER TO INCREASE STEEP SLOPE DISTURBANCE IN THE
EASTGATE COMMERCE CENTER - APPROVED
Planning Director Evan Wyatt presented this request to the Board advising that the Planning
Commission recommended approval, with the requirement that a survey description for the
"preservation area" be submitted to ensure that subsequent development plans do not encroach into
this area.
Mr. Chuck Maddox of G. W. Clifford and Associates appeared before the Board on behalf
of this request.
Supervisor Sager asked if the Board had control over what is developed at this location.
Mr. Maddox replied yes.
Supervisor Smith asked if soil would be taken from Wright's Run.
Mr. Maddox advised the site would be made more attractive to a client, and this would be
done once an applicant shows interest in the site.
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the request for
waiver to increase steep slope disturbance in the Eastgate Commerce Center was approved by the
following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
DISCUSSION CONCERNING MODIFICATIONS TO THE ZONING AND
SUBDIVISION ORDINANCES PERTAINING TO SITE PLAN AND SUBDIVISION
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02
735
DESIGN PLAN REOUIREMENTS - APPROVED FOR PUBLIC HEARING
Planner II Jeremy Camp presented this information to the Board advising this was being
brought back to the Board, from the last meeting, in a different format as requested. He reviewed
the changes with the Board and advised ifthey had no problems with the changes he would schedule
this for public hearing.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the modifications
to the Zoning and Subdivision Ordinances about site plan and subdivision design plan requirements
were approved for public hearing by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
BOARD OF SUPERVISOR COMMENTS
Supervisor Sager advised of a recent tour he took of the local VDO plant where some 400
people are scheduled to lose their jobs by the end ofthis year. Most ofthe workers were women and
it concerns him that these people will not have a job. He asked local businesses to consider
employing these workers.
Administrator Riley advised the Board that this is Planning Director Wyatt's last meeting,
as a county employee. He thanked Evan for his dedication and professionalism and all his efforts
for the county, and wished him well in his new endeavors.
UPON MOTION MADE BY SUPERVISOR TYLER, SECONDED BY SUPERVISOR
REYES, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOURNED. (TIME 8:53 P.M.)
Q~__...\( ~_ f;. p
Richard C. Shickle
Chairman, Board of Supervisors
J
~t
.(0 R. Riley, r.~
Clerk, Board of Supervisors
Minutes Prepared By: (11).d ~ -r- ..;fr&!.f~
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
Minute Book Number 27
Board of Supervisors Meeting of 04/22/02