April 11 2007 Regular Meeting356
A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday,
April 11, 2007, 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 Gene E. Fisher; Charles S. DeHaven, Jr.; Gary
W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
Reverend Michael Ohaneson, New Beginnings Community Church, delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice-Chairman Fisher led the Pledge of Allegiance.
ADOPTION OF AGENDA -APPROVED AS AMENDED
County Administrator John R. Riley, Jr. requested the Board add the appointment of a Board
of Supervisors' representative to serve on the School Board's PPEA Committee as part of the
Committee Appointments portion of the agenda.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved
the agenda as amended.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
CONSENT AGENDA -APPROVED
Administrator Riley offered the following items for the Board's consideration under the
consent agenda:
- Proclamation Re: Designate Week of April 15-21, 2007 as National Volunteer Week in
Frederick County -Tab C;
- Subdivision Request #OS-07 of David E. Whitacre -Tab L;
- Waiver Request of Teresa Hicks -Tab M;
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357
- Road Resolution - Wakeland Manor, Phases 2, 3, and 4 -Tab O.
Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the
consent agenda by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
CITIZEN COMMENTS
There were no citizen commcnts.
BOARD OF SUPERVISORS COMMENTS
There were no Board of Supervisors' comments.
MINUTES-APPROVED
Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board approved
the minutes from the March 28, 2007 meeting.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COUNTY OFFICIALS
ADOPTION OF FISCAL YEAR 2007-2008 BUDGET - (RESOLUTION #058-07L
APPROVED
Administrator Riley read the following budget resolution for the Board's consideration:
WHEREAS, a notice ofpublic hearing and budget synopsis has been published and a public
hearing held on March 28, 2007, in accordance with Title 15.2, Chapter 25, Section 15.2-2506 of
the Code of Virginia, 1950, as amended.
THEREFORE, BE IT FURTHER RESOLVED, by the Board of Supervisors of the
County of Frederick, Virginia, that the budget for the 2007-2008 Fiscal Year as advertised in The
Winchester Star on March 16, 2007, be hereby approved in the amount of $246,466,649.
WHEREAS, the budget amounts represent the total, less transfers between funds.
BE IT FURTHER RESOLVED, that the County of Frederick budget for the 2007-2008
fiscal year be adopted as follows:
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358
General Operating Fund:
General and Financial Administration 7,339,838
Judicial Administration 2,058,086
Public Safety 20,011,347
Public Works 4,902,593
Health/Welfare 7,047,695
Education -Community College 73,847
Parks, Recreation, Cultural 5,691,654
Community Development 2,916,823
Non-Departmental Expenses 4,108,790
Regional Jail Fund 17,250,553
Landfill Fund 9,016,193
Division of Court Services Fund 1,451, 196
Shawneeland Sanitary District Fund 1,020,742
Airport Operating Fund 2,966,551
Airport Capital Fund 2,113,725
Consolidated Services Fund 300,000
School Operating Fund:
School Instruction 103,588,069
Administration/Attendance and Health Services 6,499,247
Pupil Transportation Services 8,147,321
Operation and Maintenance Services 11,620,682
Facilities 307,436
School Cafeteria Fund 5,479,205
School Capital Fund 1,050,000
School Debt Service Fund 14,119,165
Carrick & Sides Trust Funds 950
School Textbook Fund 1,418,230
NREP Operating Fund 5,303,327
NREP Textbook Fund 30,000
Unemployment Compensation Fund 10,000
BE 1T FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick,
Virginia, does herein adopt the tax rate for the 2007 assessment year at a rate of 52'/z cents per $100
of assessed value to be applied to real estate, the rate of $4.20 per $100 of assessed value to be
applied to personal property, $2.25 per $100 of assessed value to be applied to personal property on
one vehicle to volunteer firefighters that are approved and registered with the Fire and Rescue
Department, the rate of 42 '/z cents per $100 to be applied to airplanes and zero tax to be applied to
antique vehicles. Mobile homes will be taxed at the real estate rate. The Business and Professional
Occupational License rates are as follows: retai120 cents per $100 of gross receipts, contractors 16
cents per $100 of gross receipts, professional services 58 cents per $100 of gross receipts, personal
and business 36 cents per $100 of gross receipts, wholesale 5 cents per $100 of purchases and the
rate of $2.00 per $100 of assessed value on declining values to be applied to machinery and tools,
and contract classified vehicles. Meals tax at an adopted rate of 4 cents per $1. Lodging tax at an
adopted rate of 2 cents per $1. County decals at an adopted rate of $25 per vehicle and $10 per
motorcycle. The Sanitary Landfill fees are as follows: $45 per ton for commercial/industrial; $42
per ton for construction demolition debris; $24 per ton for municipal waste and $24 per ton for
municipal sludge. The local tax for Enhanced 911 Service will continue to be at a set rate of $1.60.
BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central
stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school
health insurance fund, length of service fund, employee benefits fund, maintenance insurance fund,
sales tax fund and commonwealth sales tax fund equal to the total cash balance on hand at July 1,
2007, plus the total amount of receipts for the fiscal year 2007-2008. The Fire Company Capital
appropriation will include the current year appropriation plus any unused funds at the end of the
fiscal year 2007.
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359
BE IT FURTHER RESOLVED, that the construction fund projects will be appropriated
as acarry-forward in the amount that equals the approved original project cost, less expenditures and
encumbrances through June 30, 2007.
Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board adopted
the FY 2007-2008 Budget appropriation as read with categorical funding for the schools.
The above motion was approved by the following recorded vote:
Richard C. Shickle Ayc
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Nay
PROCLAMATION (#07-071 RE: DESIGNATE WEEK OF APRIL 15-21, 2007 AS
NATIONAL VOLUNTEER WEEK IN FREDERICK COUNTY -APPROVED
UNDER CONSENT AGENDA
WHEREAS, Fire and Rescue Services are a vital public service to the citizens of Frederick
County; and
WHEREAS, Frederick County has approximately six hundred Volunteers; and
WHEREAS, the Volunteers of the Fire and Rescue System are ready to provide emergency
services to those in need 24 hours a day, seven days a week; and
WHEREAS, 73% of firefighters in the United States are Volunteers; and
WHEREAS, nationally, $37.2 billion in property is saved per year by the services provided
by Volunteer Fire and Rescue Companies; and
WHEREAS, National Volunteer Week began in 1974 when President Nixon signed an
executive order launching an annual celebration on volunteering; and
WHEREAS, the National Volunteer Week theme for 2007 is "Inspire by Example" and we
should inspire others to volunteer while honoring our community volunteers; and
WHEREAS, it is appropriate to recognize the value, accomplishments, and commitment of
Volunteers with the Fire and Rescue System by designating National Volunteer Week.
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of
Supervisors does hereby proclaim the week of April 15-21, 2007 as
NATIONAL VOLUNTEER WEEK
And encourages the community to observe this week with appropriate programs, ceremonies, and
activities.
Adopted this 11"' day of April, 2007.
This item was approved under the consent agenda.
COMMITTEE APPOINTMENTS
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Board of Supervisors Regular Meeting ar 04/11/07
36d
DAVID PLUME NOMINATED TO SERVE AS A MEMBER OF THE LOCAL
EMERGENCY PLANNING COMMITTEE (LEPCI -APPROVED
Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board
nominated David Plume to serve as a member of the Local Emergency Planning Committee. The
above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
APPOINTMENT OF GENE E. FISHER TO SERVE AS BOARD OF SUPERVISORS'
REPRESENTATIVE ON THE FREDERICK COUNTY SCHOOLS PPEA
COMMITTEE -APPROVED
Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board
appointed Gene E. Fisher to serve as Board of Supervisors' representative on the Frederick County
Schools PPEA Committee.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Ayc
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COMMITTEE REPORTS
JOINT FINANCE COMMITTEE REPORT
The Joint Finance Committee met on Friday, March 30, 2007 at 8:00 a.m. in the City Council
Chambers, Rouss City Hall, 15 N. Cameron Street, in Winchester, VA. Those present included:
Richard C. Shickle, Bill M. Ewing, John R. Riley, Jr., Charley Gaynor, Jeffrey Buettner, and Edwin
Daley.
Mr. Shickle was elected Chairman of the Joint Finance Committee.
1. Joint Judicial Center Moves
The Committee discussed the usage of the Joint Judicial Center in light of the opening of the
County's new Public Safety Building, which will house the Sheriff's Department and 911 Center,
currently located in the Judicial Center, and the Fire and Rescue Department. Mr. Riley noted that,
presently, the operational costs of the facility are shared 50-50 between the City and the County;
however, once the Sheriff's Department and the 911 Center move and space is reallocated, the usage
of the facility will be 53% City and 47% County.
A briefdiscussion followed regarding the Memorandum ofUnderstanding for jointprojects.
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The Committee directed the County Administrator and City Manager to review the language of the
Memorandum to see if there are areas that need to be changed and/or clarified. They are to
distribute their comments to the Joint Finance Committee members for review.
2. Review of Funding Allocations for Joint Projects
The Committee reviewed the locality contributions to each of the joint projects. A copy is
attached for your information. Projects not included on the list, but discussed at the meeting
included: Youth Development Center, Discovery Museum, and the Patsy Cline Museum. The
Discovery Museum and Patsy Cline Museum are to be topics of discussion at the County's Finance
Committee meeting in May.
The Committee also discussed the status of the Metropolitan Planning Organization. It was
the consensus of the Joint Finance Committee that the City of Winchester should become the fiscal
agent for the MPO and the current MPO administrative staff person should become a city employee.
The County's Transportation Planner would provide support/assistance to the MPO through billable
hours. The County would submit an invoice to the MPO for the services provided and would be
reimbursed accordingly. This proposal would have to be approved by the MPO Policy Committee
and should come before the Policy Committee at its April meeting.
3. Other
The Committee agreed there was a need to meet on a more frequent basis. They agreed to
follow up in the latter part of the summer about scheduling its next meeting.
Chairman Shickle asked Administrator Riley to request that the City to share the FY 2008
joint project allocation numbers once they are approved.
TRANSPORTATION COMMITTEE REPORT
The Transportation Committee met on Monday, March 26, 2007 at 8:30 a.m.
Members Present Members Absent
Chuck DeHaven (voting) Donald Breeden (liaison)
Phil Lemieux (voting)
James Racey (voting)
Mike Smith (voting)
George Kriz (liaison)
Lewis Boyer (liaison)
***Items Requiring Action***
None.
***items Not Requiring Action***
Rural Roadway Ranking System -Approved for Public Hearing
Staff implemented the changes requested at the February Transportation Committee meeting and
provided a black line version to the committee for their review. The primary discussion was astaff-
sponsored change to language on page 5 (3`~ bullet under New Project Requests) that gave the
Committee authority to adjust the termini of a proposed project to meet the requirement for rational
origin and terminus.
MOT10N: Mr. Lemieux, seconded by Mr. Racey
Send the package forward for Board of Supervisors consideration as presented.
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362
Motion passed unanimously.
Due to the fact that the current policy requirement is to hold a public hearing on this item and that
this action took place too late to meet advertising requirements for the April 11, 2007 Board of
Supervisors' meeting, this item will be presented for the Board of Supervisors' consideration as a
public hearing item at the Apri125 meeting.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board
scheduled the Rural Roadway Ranking System changes for public hearing at its April 25, 2007
meeting.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
2. Metropolitan Planning Organization (MPO) Activity Uudate
There are a number of initiatives underway at the MPO about which the Committee should know.
1. Bicycle & Pedestrian Mobility Plan
Staff participated in a meeting on March 28, 2007. The purpose of the meeting was to
update the Steering Committee on the status of the plan. The consultant did provide a
very preliminary draft and work continues.
2. Local Assistance Projects
The Route 37 interchange study and the Route 11 access management study are
progressing well. Data collection is nearly complete with only some traffic counts
remaining to be collected by the consultant.
3. Multimodal Corridor Studies
The MPO has submitted application for four Multimodal Corridor Studies addressing
two sections of Route 522, Route 11, and Route 7.
4. Transportation, Community, and System Preservation (TCSP) Program Grants
The MPO has submitted two applications totaling $3 million for this federal program for
Eastern Route 37 environmental and preliminary engineering work.
5. Staffing
Staffhas recently learned that the Executive Director (Mr. Stephen Kerr) of the Northern
Shenandoah Valley Regional Commission is resigning effective March 2"`'. Mr. Kerr
acts as primary staffperson for our MPO activities. The County Transportation Planner
has been tasked to act as coordinator for the local technical assistance projects noted
above. County and City staff have been putting in extra effort to keep the other
responsibilities of the MPO moving forward. No additional information is currently
available on when we can expect new permanent staff.
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363
This item is for information and discussion. No action is required.
3. Article Distribution
Staff regularly disseminates transportation-related items from state and nationwide outlets to the
Committee for informational purposes.
4. Other Business
5. Discussion of Public and Private Subdivision Street Requirements
On March 26, 2007, the Transportation Committee held a public meeting to discuss the private
ownership and maintenance of subdivision streets by the Home Owners Associations (HOA).
Members of the Comprehensive Plans and Programs Subcommittee and the Public Works
Committee were in attendance for this discussion. A major concern that was brought up regarded
who would monitor the standards of private road construction and maintenance. There were
concerns expressed about the ability of a HOA to react appropriately to any number of
circumstances to the standard of VDOT's, as well as the long term commitment that such a
responsibility would ensure.
Accessibility was another concern that was brought up by a committee member. It was noted that
the number ofage-restricted gated communities in Frederick County has been growing in physical
size, and that transportation links to and around these communities will become a major issue. A
possibility ofimplementing a by-pass around newer projects For the general public's use, instead of
through the community, was suggested.
The Committee requested staff to analyze the amount of road mileage that the County will be
responsible for should the State hand over control of public roads to the County.
ANNUAL REPORTS
DEPARTMENTAL FISCAL YEAR 2007-2008 WORK PROGRAMS
Administrator Riley advised that the Department Work Programs were being presented to
the Board for information only.
PUBLIC HEARINGS
PUBLIC HEARING -OUTDOOR FESTIVAL PERMIT REQUEST OF THE
SHENANDOAH APPLE BLOSSOM FESTIVAL - THE SCHENCK FOODS
FIREFIGHTERS' RECEPTION; THE WILLOWS AT MEADOW BRANCH YOUNG
AT HEART DANCE; VALLEY HEALTH SYSTEMS OUEEN'S BALL• AND DAILY
GRIND JAZZ FEST, PURSUANT TO THE FREDERICK COUNTY CODE
CHAPTER 86, FESTIVALS: SECTION 86-3 C PERMIT REOUIRED•
APPLICATION; ISSUANCE OR DENIAL• FOR AN OUTDOOR FESTIVAL
PERMIT. THE WILLOWS AT MEADOW BRANCH YOUNG AT HEART DANCE
TO BE HELD ON THURSDAY. MAY 3 2007 FROM 11.00 A M TO 2.30 P M • THE
SCIiENCK FOODS FIREFIGHTERS' RECEPTION TO BE HELD ON THURSDAY
MAY 3. 2007, FROM 7:00 P.M. TO 10:00 P M • VALLEY HEALTH SYSTEMS
QUEEN'S BALL TO BE HELD ON FRIDAY MAY 4 2007 FROM 8.00 P M TO
1:00 A.M.; AND DAILY GRIND JAZZ FEST TO BE HELD ON SUNDAY MAY 6
2007, FROM 12:30 P.M. TO 5:00 P.M. ON THE PROPERTY OWNED BY DENNY
PERRY, ROCK HARBOR GOLF COURSE 365 ROCK HARBOR DRIVE
WINCHESTER VIRGINIA (LOCATED OFF MERRIMAN'SLANE) -APPROVED
Administrator Riley advised this was a request from the Shenandoah Apple Blossom Festival
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Board of Supervisors Regular Meeting of 04/11/09
364
for an outdoor festival permit for various events at Rock Harbor Golf Course. Previously the Board
had granted a permit for The Willows at Meadow Branch Young at Heart Dance, the Valley Health
Systems Queen's Ball, and the Daily Grind Jazz Fest. This year, in addition to these events, the
festival will hold the Schenck Foods Firefighters' Reception at this location.
John Rosenberger, Executive Director, advised this was the fourth year at the Rock Harbor
tent and the only change from past years is the addition of the Firefighters' Reception.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board
approved the Outdoor Festival Permit by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PUBLIC HEARING -HAZARD MITIGATION PLAN - A RESOLUTION (#059-07
TO ADOPT THE NORTHERN SHENANDOAH VALLEY MULTI-
JURISDICTIONALHAZARD MITIGATION PLAN. BASED ON THE STANDARDS
CONTAINED IN 44 CODE OF FEDERAL REGULATIONS. PART 201. AS
AUTHORIZED BY THE DISASTER MITIGATION ACT OF 2000 (DMA 2000), AND
44 CFR PART 78.5 FLOOD MITIGATION PLAN DEVELOPMENT. THE
PURPOSE OF THIS RESOLUTION iS TO ADDRESS THE PLANNING PROCESS,
HAZARD IDENTIFICATTON AND RISK ASSESSMENT, MITIGATION
STRATEGY AND PLAN MAINTENANCE REQUIREMENT FOR FREDERICK
COUNTY TO IDENTIFY PROJECTS THAT WILL REDUCE RISKS TO OUR
CITIZENS DURING DISASTERS. -APPROVED
Administrator Riley advised this was a Hazard Mitigation Resolution to adopt the Northern
Shenandoah Valley Multi-Jurisdictional Hazard Mitigation Plan. It is required that each governing
body within the Planning District adopt this plan in order to be eligible for federal funding.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Fisher, the Board
adopted the Northern Shenandoah Valley Multi-Jurisdictional Hazard Mitigation Plan.
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Board of Supervisors Regular Meeting of 04!11/07
365
WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local
governments develop and adopt natural hazard mitigation plans in order to receive certain federal
assistance; and
WHEREAS, a Mitigation Advisory Committee ("MAC") comprised ofrepresentatives from
Clarke County, Frederick County, Page County, Shenandoah County, Warren County, the City of
Winchester, and the Towns ofBerryville, Boyce, Edinburg, Front Royal, Luray, Middletown, Mount
Jackson, New Market, Shenandoah, Stanley, Stephens City, Strasburg, Toms Brook, and Woodstock
was convened in order to study the Northern Shenandoah Valley's risks from and vulnerabilities to
natural hazards, and to make recommendations on mitigating the effects of such hazards on the
Northern Shenandoah Valley; and
WHEREAS, a request for proposals was issued to hire an experienced consulting firm to
work with the MAC to develop a comprehensive natural hazard mitigation plan for the Northern
Shenandoah Valley; and
WHEREAS, the efforts of the MAC members and the consulting firm of Dewberry, in
consultation with members of the public, private, and non-profit sectors, have resulted in the
development of a Hazard Mitigation Plan for the Northern Shenandoah Valley including Frederick
County, Virginia; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors for Frederick
County, Virginia that the Hazard Mitigation Plan dated January 2007 is hereby approved and
adopted for Frederick County, Virginia. A copy of the plan is attached to this resolution.
ADOPTED by the Board of Supervisors for Frederick County, Virginia this 11`" day of
April, 2007.
(A copy of the plan is on file in the County Administrator's Office.)
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS
PUBLIC HEARING -REZONING #02-07 OF EASTGATE COMMERCIAL
SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES TO REZONE 10 65
ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS)
DISTRICT AND 8.23 ACRES FROM B3 (INDUSTRIAL TRANSITIONS DISTRICT
TO B2 (GENERAL BUSINESS) DISTRICT, WITH PROFFERS, FOR
COMMERCIAL USES. THE PROPERTIES ARE LOCATED WEST OF FRONT
ROYAL PIKE (ROUTE 522 SOUTHI. IMMEDIATELY NORTH AND SOUTH OF
MARANTO MANOR DRIVE (ROUTE 642), AND ARE IDENTIFIED BY
PROPERTY IDENTIFICATION NUMBERS 87-A-34, 87 .A-34B, 87-A-35.878-A-36,
87-A-37. ANll 76-A-53 IN THE SHAWNEE MAGISTERIAL DISTRICT. -
POSTPONED FOR TWO WEEKS
Planner Ii Candice E. Perkins appeared before the Board regarding this item. She advised
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366
this was a request to rezone 10.65 acres from RA (Rural Areas) District to B2 (General Business)
District and 8.23 acres from B3 (Industrial Transition) District to B2 District, with proffers, for
commercial uses. The property is located in the Sewer and Water Service Area and the Eastern
Land Use Plan. The proposed B2 zoning is consistent with the Comprehensive Plan. Planner II
Perkins noted that parce176-A-53 should be covered in its entirety under this rezoning as it would
help make the proffers consistent. She stated that the remainder of the property does not have
restrictions on the number of entrances on Route 522 and Tasker Road. She went onto say that the
proposed rezoning does not address the four-laning of Tasker Road and the traffic impact analysis
estimates the level of service at the intersections of Route 522 and Tasker Road and Route 522 and
Maranto Manor Drive at level C. The proposed land use is consistent with the land use plan.
Planner II Perkins concluded by saying that the issues to be addressed by the Board were:
- the inclusion of the entire parce176-A-53;
- level of service C or better at all intersections;
- address Tasker Road improvements.
Patrick Sowers, Patton, Harris, Rust, & Associates, appeared before the Board on behalf
of this application. Mr. Sowers stated, in regard to the inclusion of the entire parcel 76-A-53, it was
the applicant's desire to modify only a small portion of the entire acreage of this parcel. He went
on to say that new impacts were not being created by the land use. With regard to addressing the
traffic impacts, Mr. Sowers stated the improvements would be required whether or not this proposed
development was coming forward. He went on to say that all intersections, as a whole, operate at
a level C or better and he felt the development was benefitting the county and providing
transportation improvements.
Chairman Shickle asked if the rezoned portion of 76-A-53 would be legally subdivided or
remain part of the parent tract.
Mr. Sowers responded that it would remain part of the parent tract.
Chairman Shickle asked about the number of lanes on Tasker Road.
Mr. Sowers responded the applicant has proffered double left turn lanes at the intersection
of Tasker Road and Route 522. He went onto say they were proffering what VDOT would require
them to do.
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Board of Supervisors Regular Meeting of 04/11/07
36~
Supervisor DeHaven asked for clarification of the discussion regarding Tasker Road.
Mr. Sowers responded there would be two west bound lanes and 1 east bound lane on Tasker
Road.
Vice-Chairman Fisher asked VDOT ifthe numberofentrances allowed as part ofthe existing
1997 rezoning would be limited based on distance requirements.
Lloyd Ingram, VDOT Engineer, responded that was correct. He went on to say that VDOT
would evaluate the site plan for a spacing determination. He went on to say that with the number
of turn lanes and transition lanes there would be at least five lanes (i.e. three through lanes and two
turn lanes) on Tasker Road. He went on to say that VDOT would make the applicant install the
required road improvements, but they were not opposed to the applicant proffering those
improvements. He concluded by saying that he felt VDOT and the applicant could work through
the issues.
Chairman Shickle asked the applicant's representative if he agreed with what VDOT had
said.
Mr. Sowers responded yes.
Chairman Shickle asked if the applicant had considered a proffer in that regard.
Mr. Sowers responded that the applicant had proffered to provide improvements totaling $2
million.
Chairman Shickle asked the applicant to ponder the Board's concerns during the public
hearing.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairnlan Shickle closed the public hearing.
Chuck Maddox, special consultant, advised there was no attempt to avoid anything and the
proffered improvements would meet the traffic impact analysis. He went on to say that other issues
were governed by the State and VDOT was satisfied they could require the necessary improvements.
He concluded by saying the applicant felt it was better to leave the proffers general in nature because
any changes would require a proffer modification.
Chairman Shickle stated that he was glad VDOT agrees with the Board, but he was not
Minu[e Book Number 32
Board of Supervisors Regular Meeting of o4/11/07
368
getting any comfort that the improvements would be done to address his concern. He went on to say
there was no promise to the County unless VDOT makes the applicant do it. He concluded by
saying that he felt this was too loose.
Vice-Chairman Fisher stated it was a concern that the applicant would not proffer they would
comply with VDOT.
Engineer Ingram stated if the applicant would go with the desired method versus the
minimum standard then VDOT would be satisfied.
Mr. Maddox responded that the applicant would agree to using the preferred method. NIr.
Maddox asked that this application be postponed for two weeks in order that the applicant could
modify the proffer statement.
Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Van Osten, the Board
postponed Rezoning #02-07 for two weeks.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Ayc
OTHER PLANNING ITEMS
MASTER DEVELOPMENT PLAN OF TASKER WOODS -APPROVED
Planner II Candice Perkins appeared before the Board regarding this item. She advised this
was a master development plan for 60.2 acres zoned RP (Residential Performance) District. Access
to the site will be via one entrance off of Tacker Road and two entrances on Macedonia Church
Road. The proposed use of the property is 266 residential units (i.e. 136 single family detached units
and 130 townhouse units) and 179,000 square feet of commercial space. The master development
plan shows the closure and cul-de-sac of Macedonia Church Road. Traffic will be re-routed through
the Tacker Woods development. The Planning Commission recommended approval. She concluded
by saying this plan was consistent with the Zoning Ordinance and addressed staff's concerns.
Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lemieux, the Board
granted staff authority to administratively approve MDP #02-07.
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The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
SUBDIVISION RE VEST OF DAVID E. WHITACRE -APPROVED UNDER
CONSF,NT AGENDA
This was a request to subdivide 1.28 acres into three (3) single-family detached traditional
housing lots. The property is located at the corner of Queens Way (Route 740) and E. Macedonia
Church Road (Route 756) in the Shawnee Magisterial District.
This item was approved under the consent agenda.
WAIVER REQUEST OF TERESA HICKS -APPROVED UNDER CONSENT
AGENDA
This is a request for a waiver of Article V Design Standards, § 144-31 Rural Subdivisions,
(C) (3), Minor rural subdivisions of the Code of Frederick County, to enable a family division of a
parcel of land with aright-of--way of less than 50 feet. The applicant is proposing a 30-foot access
right-of--way. The property is located on Pasture Lane, off Caldwell Lane (Route 717), in the
Shawnee Magisterial District.
This item was approved under the consent agenda.
REQUEST TO SCHEDULE WORKSESSION TO DISCUSS TRANSPORTATION
POLICY -SCHEDULED FOR MAY 11 2007
Transportation Planner John Bishop advised that he was requesting a work session with the
Board to update them on the past General Assembly Session and Impact Fee Legislation.
The Board scheduled the worksession for Friday, May 1 1, 2007 at 12:15 p.m.
ROAD RESOLUTION (#060-071 - WAKELAND MANOR PHASES 2 3 AND 4
APPROVED UNDER CONSENT AGENDA
WHEREAS, the streets described on the attached Additions Form AM-4.3, fully
incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit
Court of Frederick County; and
WHEREAS, the Resident Engineer of the Virginia Department of Transportation has
advised this Board that the streets meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation; and
WHEREAS, the County and the Virginia Department of Transportation have entered into
an agreement on June 9,1993, for comprehensive stormwater detention which applies to this request
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Board of Supervisors Regular Meeting of 04/11./07
3~0
for addition; and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department
of Transportation to add the streets described in the attached Additions Form AM-4.3 to the
secondary road system of state highways, pursuant to 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-
way, as described, and any necessary easements for cuts, fills and drainage; and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
This item was approved under the consent agenda.
BOARD LIAISON REPORTS
There were no Board liaison reports.
CITI7EN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
Supervisor Van Osten asked about the Compassionate Pharmacy.
Chairman Shickle responded they are to contact Administrator Riley and the Board could
see a request in the next budget cycle.
Chairman Shickle took an opportunity to express his thanks to the School Administration
and School Board members for the cooperative nature displayed during this difficult budget cycle.
He went on to say their efforts were admirable and the comments were well received. He concluded
by saying the relationship was very congenial during these tough times.
Vice-Chairman Fisher agreed with Chairman Shickle.
Supervisor DeHaven stated that he believed Chairman Shickle spoke for the entire Board.
ADJOURN
UPON A MOTION MADE BY SUPERVISOR EWING, SECONDED BY VICE-
CHAIRMAN FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE
THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME 8:37 P.M.)
Richard C. Shickle
Chairman, Board of Supervisors
Minute Book Number 32
Board of Supervisors Regular Mee[ing of 04/11/07
~~s
Jo R. Riley, Jr.
Jerk, Board of Supervisors
371
Minutes Prepared By: l ~-
Jay . Tip s
Deputy C erk, Board of Supervisors
Miuute Book Number 32
Board of Supervisors Regular Meeting of U4/11/07