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HomeMy WebLinkAboutOctober 10 2007 Regular Meeting097 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 10, 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; and Philip A. Lemieux. ABSENT Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Dovc delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED County Administrator John R. Riley, Jr. requested the Board move the Transportation Committee Report to the last item on the agenda and add a Resolution of Appreciation for Frank Spurr after item #1 under County Officials. Upon a motion by Supervisor Ewing, 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 Absent CONSENT AGENDA -APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report -Tab D. Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07 098 Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the consent agenda by the following recorded vote: The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene F,. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Absent CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS "there were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the minutes from the September 26, 2007 Regular 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 Absent COUNTY OFFICIALS PRESENTATION OF RESOLUTION TO THF. FAMILY OF ROBERT M. SAGER Chairman Shickle presented the family of former Opequon District Supervisor Robert M. Sager with a framed copy of the Resolution In Memoriam of Robert M. Sager, Opequon District Supervisor, Frederick County, Virginia, which the Board approved at its August 22, 2007 meeting. Chairman Shickle read the resolution and asked for a motion to approve. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board approved the Resolution in Memoriam. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 33 Board or Supervisors Kegular Meeting or 10/10/07 099 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara F,. Van Osten Absent RESOLUTION (#021-071 OF APPRECIATION FOR FRANK A. SPURR - APPROVF.D Administrator Riley read the following resolution: WHEREAS, Frank A. Spurr has volunteered his time and talents to faithfully and selflessly serve the County of Frederick, Virginia and its citizens; and WHEREAS, Mr. Spurr's dedication to the public safety entities of the County and his expertise in communications systems have vastly improved the delivery of emergency service to Frederick County's citizens; and WHEREAS, Mr. Spurr established the internal and external communications system at the Northwestern Regional Adult Detention Center, assisted in the installation of the communications tower at North Mountain, and spearheaded the county's emergency H:A.M. radio communications group; and WHEREAS, Mr. Spurr has been previously honored by this Board in 1993 for his many contributions to the County in the area of emergency services; and WHF.RF,AS, Mr. Spurr performed a valuable role in emergency services and the betterment of our community without thought of personal gain. NOW, THERF,FORE, BE IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that Mr. Frank A. Spurr be recognized for his unselfish service and continued friendship toward this Board and the citizens of Frederick. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors. ADOPTED this 10th day of October, 2007. Upon a motion by Supervisor Dovc, seconded by Supervisor Ewing, the Board approved the resolution. 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 Absent COMMITTEE APPOINTMENTS APPOINTMENT OF MARY GREENE TO FILL THE UNEXPIRED TERM OF ELIZABETH HOLLAND AS FREDERICK COUNTY REPRESENTATIVE ON THE LORD FAIRFAX COMMUNITY COLLEGE BOARD -APPROVED Minute Rook Number 33 Board of Supervisors Regular Meeting of 10/10/07 100 Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board appointed Mary Greene to fill the unexpired term of Elizabeth Holland as Frederick County representative on the Lord Fairfax Community College Board, said term to expire June 30, 2008. 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 Absent WINCHESTER-FREDERICK COUNTY CONVENTION AND VISITORS' BUREAU DESIGNATED AS LOCAL LIAISON TO THE VIRGINIA SESQUICENTENNIAL OF THE AMEKICAN CIVIL WAR COMMISSION -APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board designated the Winchester-Frederick County Convention and Visitors' Bureau as its local liaison to the Virginia Sesquicentennial of the American Civil War Commission. 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 F,. Van Osten Absent REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised that the Commissioner of the Revenue requested the Board allow the Treasurer to refund $26,577.14 to General Parts, Inc. for business personal property incorrectly tiled as used at Carquest of Winchester. All of the data had been verified by the Commissioner's staff. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the refund request. 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. llove Aye Bill M. Ewing Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 10110(07 101 Philip A. Lemieux Aye Barbara E. Van Osten Absent COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT -APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission lnet on September 18, 2007. Members present were: Robert Hartman, P.W. Hillyard, III, Larry Sullivan, Martin Cybulski, Ronald Madagan, and Jeffrey Butler. items Requiring Board of Supervisors Action: 1. None. Submitted for Board Information Onlv: 1. Cosuonsored Group Requests - Mr. Sullivan moved that the Commission accept applications for co-sponsorship from Frederick County Little League Association, Frederick County National Little League Association, Blue Ridge Youth Soccer Association, American Legion, Apple Valley Soccer Club, Winchester Athletic Association, second by Mr. Butler, carried unanimously (6-0). 2. FY 2008-09 Fees and Char>res - Mr. Cybulski moved that the Commission approve fee rate changes for fiscal year 2008-09, second by Mr. Hartman, carried unanimously (6-0). Standing Committee Reports 1. None. PUBLIC WORKS COMMITTEE REPORT -INFORMATION ONLY A special meeting of the Public Works Committee was held on Tuesday, September 18, 2007, at 7:00 p.m. at the new Gainesboro Elementary School. All members were present except George Ludwig. 'l~he following item was discussed: ***Items Not Requiring Action*** 1) Disposition of the Old Gainesboro Elementary School During this meeting, several proposed options for the school were presented to the general public to obtain their input on its disposition. A slide presentation of the building and associated property was given during this meeting. Minutes of the meeting are attached. TRANSPORTATION COMMITTEE RF,PORT -MOVED TO END OF THE MEETING PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2007-2008 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 2007-2008 BUDGET TO REFLECT: SCHOOL CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,709,767.69. THIS AMOUNT IS TO CARRY FORWARD SCHOOL CONSTRUCTION PROJECT BALANCES. - (RESOLUTION #018-07) - APPROVED Minute Book Number 33 Board of Supervisors Regular Meeting of 10/lU/07 102 Administrator Riley advised this budget amendment reflected a School Construction Fund supplemental appropriation in the amount of $3,709,767.69, which represented carry forward school construction project balances. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the budget amendment. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on October 10, 2007, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2007-2008 Budget be Amended to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $3,709,767.69. 'This Amount is to Carry Forward School Construction Project Balances. 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 Absent PUBLIC HEARING - AMENDMENTS TO THE FREDERICK COUNTY CODE AS FOLLOWS: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, BY REPEALING AND ENACTING A NEW CHAPTF,R 54, BUILDING MAINTENANCE. THE PROPOSED AMENDMENT WILL ENABLE THE BUILDING MAINTENANCE OFFICIAL TO ACT ON COMPLAINTS FROM THE GENERAL PUBLIC WHICH PERTAIN TO UNSAFE STRUCTURES AS DEFINED IN THE VIRGINIA UNIFORM STATEWIDE BUILDING CODE AND THE OCCUPANCY LOAD LIMIT REQUIREMENTS OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE. -APPROVED AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 165 ZONING• ARTICLE XXII DEFINITIONS• SECTION 165-156 DEFINITIONS AND WORll USAGE -SINGLE FAMILY -APPROVED Administrator Riley reviewed the proposed text for the new Chapter 54 Building Maintenance section of the Frederick County Code. He then reviewed the proposed new definition to be included in §165-156: SINGLE-FAMILY- Two (2) or more persons related by blood or marriage occupying a Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07 103 dwelling, living together and maintaining a household, which may include not more than one (1) unrelated person; however, not more than three (3) unrelated persons occupying a dwelliug, living together and maintainiug a household shall be deemed to constitute a single family. He concluded by advising that the Chief Building Official, Director of Planning and Development, and Sheriff were present to answer any questions the Board might have. Chairman Shickle convened the public hearing. Jim DuBrueler, Opequon District, spoke in favor of this "enforcement mechanism" and advised that his homeowners' association had created its own definition ofsingle-family. He noted that a problem with the County's proposed definition was that it did not include or reference an individual as asingle-family. There being no further comments, Chairman Shickle closed the public hearing. Chairman Shickle asked Director of Planning and Development Eric Lawrence to respond to Mr. DuBrueler's statement regarding the inclusion of the word individual in the definition. Director Lawrence responded that the definition could be changed to read one or more persons. Chairman Shickle suggested changing it to read a single person or two or more persons. Supervisor Dove suggested changing the maximum number of unrelated people from three to four. Supervisor DeHaven asked staff how foster children would be considered under this definition. Director Lawrence responded they would be included as family and not unrelated people. Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board amended the definition to single-family to read as follows: SINGLE-FAMILY - A single person or two (2) or more persons related by blood or marriage occupying a dwelliug, liviug together and maintaining a household, which may iuclude not more than one (I) unrelated person; however, not more than four (4) unrelated persons occupying a dwelling, living together and maintainiug a household shall be deemed to coustitute a siugle family. The above motion was approved by the following recorded vote: Kichard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dovc Aye Bill M. Ewing Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07 104 Philip A. Lemieux Aye Barbara E. Van Osten Absent Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board approved the Ordinance to amend the Frederick County Code, by repealing and enacting a new Chapter 54, BUILDING MAINTENANCE and the Ordinance to amend the Frederick County Code, Chapter 165, ZONING; Article XXII, DEFINITIONS; Section 165-156, Definitions and word usage - SINGLE FAMILY. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, BY REPEALING AND ENACTING A NF,W CHAPTER 54, BUILDING MAINTENANCE WHEREAS, §15.2-906 of the Code of Virginia, 1950, as amended, permits localities to adopt an ordinance which provides measures to remove, repair, or secure any building or structure which has been determined to endanger the public health or safety or other residents of the locality; and WHEREAS, adoption of the proposed amendments will enable the Building Maintenance Official to act on complaints from the general public which pertain to unsafe structures, as defined in the Virginia Uniform Statewide Building Code and the occupancy load limit requirements of the International Property Maintenance Code; and WHEREAS, this Board finds that adoption of these amendments to be in the best interest of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED, that the Frederick County Board of Supervisors hereby amend Code of Frederick County Chapter 54, Building Maintenance by adding the following new provisions and repealing and enacting the following amendments: §54-1 Standards adopted; enforcement. > , The Frederick County Department of Building Inspections is hereby designated to act as the local enforcing agency and is authorized to enforce the Virginia Maintenance Code provisions of the Virginia Uniform Statewide Building Code for commercial and industrial buildings and those portions of such provisions as relate to "unsafe structure" and/or "occupancy limitations"for residential buildings, under the authority of Section 36-99 and 36-105, Code of Virginia,1950 as amended. The ChiefBuilding Code Official is designated as the "Building Maintenance Official" to enforce such provisions. §54-2. Enforcement Procedures. The enforcement procedure of Virginia Uniform Statewide Building Code the Virginia Maintenance Code, shall be instituted by the Building Maintenance Official when a written Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07 105 complaint is filed with the Building Maintenance Official. §54-3. Appeals Board. The Frederick County Board of Building Appeals is hereby designated as the Appeals Board to hear appeals arising from the application of the provision of the Building Maintenance Code. §54-4. Administrative Procedures The Building Maintenance Official shall establish such procedures or requirements as may be necessary for administration, abatement of unsafe conditions, and enforcement of this chapter. The procedures are to be approved by the Board of Supervisors. AN ORDINANCE TO AMENll THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING; ARTICLF. XXII, DEFINITIONS; SECTION 165-156, DEFINITIONS AND WORD USAGE -SINGLE FAMILY WHEREAS, An ordinance to amend Chapter 165, Zoning, Article XXII, Definitions, Section 156, Definitions and Word Usage, was considered by the Planning Commission during their regularly scheduled meeting; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on October 3, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on October 10, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfare, and good zoning practice; NOW, THEREFORE, BE I'T ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article XXII, Definitions, Section 156, Definitions and Word Usage is amended to include the definition for Single Family which shall read: "SINGLE FAMILY - A single person, or two (2) or more persons related by blood or marriage occupying a dwelling, living together and maintaining a household, which may include not more than one (1) unrelated person; however, not more than four (4) unrelated persons occupying a dwelling, living together and maintaining a household shall be deemed to constitute a single family." 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 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 Absent PLANNING COMMISSION BUSINESS Minute Buok Number 33 Board of Supervisors Regular Meeting of 10/10/07 106 PUBLIC HEARINGS PUBLIC HEARING -CONDITIONAL USE PERMIT #OS-07 FOR A SPIRITUALITY RETREAT CENTER CATHOLIC DIOCESE OF ARLINGTON SUBMITTED BY GREENWAY ENGINEERING. THIS PROPERTY IS LOCATED AT 125 OLD KiTCHF,N ROAD AND ARMF.L ROAD (ROUTF. 6421, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 76-A-129 IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVEll Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised the property was located at 125 Old Kitchen Road and Armel Road (Route 642). The property was zoned RA (Rural Areas) and the applicant proposed a spirituality retreat center For reflection, worship, retreats, and diocesan meetings. The property would also be used for passive recreational trails. The facility would accommodate small overnight gatherings and larger day time events. Deputy Director Ruddy noted several site improvements were needed, such as site access and parking. The Planning Commission reviewed this application and unanimously recommended approval with the following conditions: 1. All review agency comments shall be followed at all times. 2. An engineered site plan shall be approved by Frederick County, and the improvements completed prior to starting this use. 3. No expansion of the existing building shall be permitted with this CUP. Any expansion of the use or building would require a new CUP. 4. The Resident Staff shall not exceed five (5) people living in the facility at any one time. 5. No transit user or guest will be permitted to stay longer than thirty (30) days. 6. The maximum number of guests allowed to use the facility at any one time shall be one hundred. and sixty (160). 7. When required by the use of the facility, all federal, state, and local regulations applicable to public waterworks, wastewater disposal, and restaurant operation will be complied with at all times. 8. CDA will operate the facility to comply with VPDES Permit No. VA 0089010 with Modification Date of January 10, 2007 and Expiration Date of March 31, 2010 and further direction of the Commonwealth of Virginia Department of Environmental Quality. 9. Only off-site food preparation from a permitted facility will be allowed in conjunction with this CUP; exclusive of resident staff. 10. No more than one (1) entrance shall be permitted to access this property from Armel Road, Route 642. 11. No more than one (1) sign shall be permitted on this property. This sign shall be limited to 50 square feet in size and shall be a monument style sign. Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07 107 Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He felt the application was in good shape and stated the conditions presented were acceptable to the applicant. He advised the Board that the Building Official had informed the applicant that installation of new concrete pads and the construction of a shelter would not be considered an expansion and thus would not require a new conditional use permit. In addition, should the Catholic Diocese apply for and receive food preparation permits, then condition number 9 would no longer be an issue. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Vice-Chairman Fisher complimented the applicant on meeting with adjacent property owners and addressing their concerns and comments. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lemieux, the Board approved Conditional Use Permit #OS-07. 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 Absent PUBLIC HF,ARING - AUTHORIZATION TO APPLY FOR A VIRGINIA DEPARTMENT OF TRANSPORTATION ENHANCEMENT GRANT TO IMPLEMENT BICYCLE AND PEDESTRIAN IMPROVEMENTS IN THE VTCINITY OF SENSENY ROAD ELEMENTARY SCHOOL - (RESOLUTION #019- 07) -APPROVED Deputy Director of Planning/Transportation John Bishop appeared before the Board regarding this item. He advised this was a repeat of last yearfEs grant application as the County was working to create a pool of funds to pay for a bike path along Senseny Road. This part of the project would connect with Orrick Commons and extend to the Interstate 81 crossover. A 20% local match was required, but this match could be money, in-kind services, right-of--way dedication, etc. Both the Transportation Committee and the Planning Commission recommended endorsement of this project. He concluded by saying this item would be presented to the MPO at its October 17, 2007 Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07 os meeting. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Supervisor Ewing, the Board approved the VDOT Enhancement Grant: WHEREAS, the V irginia Department of Transportation awards Enhancement Grants, which are federal funds that are awarded by the Commonwealth Transportation Board on an annual basis for improvements to bicycle and pedestrian transportation. This is a grant with a local match component of 20% of the awarded amount. The application process; however, does not obligate Frederick County funds. The Board of Supervisors would determine whether to commit funds at such time the F,nhancement Grant may be awarded; and WHEREAS, the Transportation Committee considered this proposal at their September 24, 2007 meeting and unanimously endorsed the grant application effort; and WHEREAS, the Planning Commission considered this proposal at their October 3, 2007 meeting and unanimously endorsed the grant application effort; and WHEREAS, the Board of Supervisors of Frederick County, Virginia, desires that the Planning and Development Department submit an application for enhancements to bicycle and pedestrian transportation in the vicinity of Senseny Road Elementary School. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby supports the application for enhancements to bicycle and pedestrian transportation in the vicinity of Senseny Road Elementary School. 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 Absent OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #12-07 -REVISED F,ASTGATE PROPERTIES - APPROVEll Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for 111.49 acres consisting of nine tracts zoned B2 (Business General) and M1 (Light Industrial) Districts for commercial and industrial uses. She noted the Eastern Road Plan designates Tasker Road as a major collector and the applicant proposed to provide additional lanes on eastbound and westbound Tasker Road making it four lanes from Route Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07 109 522 to Rainville Road. in addition, the applicant is proposing two right-in/right-out entrances on Route 522; one was proffered with Rezoning #02-07, and aright-in/right-out on Tasker Road near Route 522. The two new entrances are subject to VDOT approval at the site plan stage. In addition, the applicant has provided a 10 foot bike bath along Route 522. Senior Planner Perkins concluded by saying this master development plan was consistent with the zoning ordinance and was in a form that was administratively approvable. Patrick Sowers, Patton Harris Rust & Associates, appeared before the Board on behalf of this application. Supervisor DeHaven asked Mr. Sowers if notes recommended by the Planning Commission had been included on the master development plan. Mr. Sowers responded they had been included. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board granted staff authority to administratively approve Master Development Plan #12-07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Cary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Absent CORRESPONDENCE AND RESOLUTION (#020-07) RE: SIX YEAR TRANSPORTATION IMPROVEMENT PLAN -APPROVED Deputy Director of Planning/Transportation John Bishop appeared before the Board regarding this item. He advised that staff had prepared a resolution for the Board's consideration, which would be presented to the Commonwealth Transportation Board at its Fall public meeting. Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board approved the following resolution: WHEREAS, the Board is greatly appreciative of the fact that the Draft 2008-2013 Six Year Improvement Program includes preliminary funding for Route 37 and enhanced funding for Route 277; and WHF.RF.AS, the Route 37 project continues to be the number one priority identified for primary transportation funding in the WinFred N1P0 Long Range Transportation Plan and most needed major road improvement in Frederick County; and WHEREAS, Route 37 will relieve traffic throughout the regional transportation network, Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07 10 including I-81, Route 50, and Route 7; and WHEREAS, other significant needs are not being addressed in the draft plan such as the relocation of Exit 307, widening of Route 7, and improvements to Route 11. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors respectfully requests additional funding for this area, particularly Route 37 and continued recognition of Route 37 and Route 277 as the most pressing transportation needs in this region. '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 Absent VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) DRAFT STATF, ACCESS MANAGEMENT GUIDELINES - (RESOLUTION #022-07) -APPROVED Deputy Director of Planning/'Transportation John Bishop appeared before the Board regarding this item. He advised that access management dealt with many things, with the primary goal being to reduce conflict points between traffic movements to improve roadway safety and capacity. He stated the public comment period regarding the draft guidelines was inadequate. He noted that currently local ordinances, if more restrictive, supercede VDOT's guidelines; however, there is a push to remove this provision. He went on to say that the proposed draft standards do little to address the build environment. He stated these standards need more review; however, the legislature gave VDOT very little choice but to develop and implement them. He advised the guidelines would be implemented July 1, 2008. He concluded by saying staff drafted a resolution for the Board's consideration and action. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the following resolution: WHEREAS, access management standards are important to protect and enhance the safety and capacity of our roadways; and WHEREAS, the County is supportive of the statewide effort to develop access management standards; and WHEREAS, the County would like to emphasize how important it is that the clause that allows more stringent local regulations to supercede those of VDOT continue to be included in the draft regulations; and Minute Book Number 33 Board of Supervisors Regular Meeting or 10/10/07 WHEREAS, the regulation and standards do little to address the built environment except in certain situations, leading the County to wonder how situations such as disconnected frontage roads will be resolved and how existing intersections and plans that do not meet interchange or intersection spacing standards will be dealt with; and WHEREAS, the County is concerned about the impacts the short public comment period has had on the ability of localities to fully examine the draft standards and regulations within their committee and Board schedules; and WHEREAS, the County feels that the proposed intersection and entrance spacing standards needs more review. NOW, THEREFORE, BE IT RESOLVED, this Board, while supportive of the efforts being undertaken, would like more review and development of the draft access management standards and regulations particularly as regards the items noted above. This resolution shall be in effect on the day of adoption. 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 Absent Chairman Shickle asked Deputy Director Bishop to share this action with the City of Winchester and the MPO. He stated that staff should ask the MPO for endorsement of this resolution. He concluded by encouraging staff to share this with the design firms and ask them to make comments also. COMMITTEE REPORTS CONTINUED TRANSPORTATION COMMITTEE REPORT "fhe Transportation Committee met on Monday, September 24, 2007 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) James Racey (voting) Gary Oates (liaison) George Kriz (liaison) Lewis Boyer (liaison) Members Absent Donald Brecdcn (liaison) Mike Smith (voting) ***Items Requiring Action*** 3. Access Mana e>? Due to waiting for the release of VDOT draft access management standards, staff has not yet prepared the first submission ofthis project so there was no discussion. Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07 112 Staff went on to discuss the issues that are being presented in master plans and site plans due to issues with the current limited access management tools available in the ordinance particularly as regards entrances and interparcel access controls and noted that the planning commission has asked for a review of these items. Staff suggested that while a full review of the ordinance as relates to access management controls is premature until the County has completed the Access Management plan, there are some items that could and probably should be reviewed in the near term. Specifically these items include which street is used for access when parcels have frontage on more than one street, entrance spacing, interparcel connections, and how entrances are controlled by type. The committee asked that staff seek guidance from the Board before beginning work on these items. The Board's consensus was to wait until after the 2008 General Assembly session before beginning work on these items. ***Items Not Requiring Action*** 1. Enhancement Grant application for Sensen~ Rd Staff distributed a copy of the enhancement grant materials to the Transportation Committee for review and recommendation. Motion: Mr. Lemieux, seconded by Mr. Smith To recommend endorsement of the application. Motion passed unanimously. 2. 2007 Capital Improvement Program Staff presented the recommended list of transportation projects to include in the 2007 Capital Improvement program. The list is unchanged from last year with the exception of the I-81 Exit 307 (Stephens City) relocation. Motion: Mr. Lemieux, seconded by Mr. Smith To endorse the proposed list. Motion passed unanimously. 4. Route 277 Triangle StudX Staffinfonned the committee ofthe impending Route 277 Triangle Study and requested one member of the transportation committee to participate in a subcommittee. Staff also informed the committee to expect further involvement in this study as it moves forward. Mr. Lemieux volunteered. The committee also asked to be kept informed of when subcommittee meeting will be taking place so that they may attend if they so desire. 5. MPO Activity Update Staff provided the following update on MYO activity. i-81/Route 37/11/Shady Elm Drive Interchange Study This study, intended to develop alternatives for access between the above mentioned roadways, has been progressing well and a final draft report is expected shortly. A public meeting was held at the Frederick County Board of Supervisors room the evening of September 10 and it was very well attended with somewhere between 75 and 100 individuals attending through the evening. Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07 113 Route 11 Access Management StudX Intended to coincide with the above mentioned effort, this study has fallen somewhat behind schedule. However, VDOT has assigned a new project manager and it appears this effort is back on track. Bicycle and Pedestrian Mobili , Plan At their meeting on September 12, 2007, the Board of Supervisors addressed the Bicycle and Pedestrian Mobility plan by endorsing the plan map and requesting staff to begin work on incorporating elements relevant to Frederick County into the Comprehensive Plan. Staffing The primary staff for the MPO is expected to be leaving to begin maternity leave in the month of October. Staff has been working with the County Administrator to formulate a plan for coverage during this time. Plan Release Schedule As you know, the MPO Bicycle and Pedestrian Mobility Plan was brought to the County during the public comment period. As members of the Technical Advisory Committee staff have recently moved, all future plans be released to the localities for review and input prior to being released for public comment. 6. Article Review Staff regularly submits copies of transportation related articles to the committee from various news outlets. 7. Other Mr. Racey requested a review of the need for turn lanes at the intersection of Tasker and Warrior. Staff and VDOT informed him that this is in the secondary plan and efforts are underway to resolve this issue. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS "There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVF,, THF,RF, BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (5:15 P.M.) Minute Book Number 33 Board of Supervisors Regular Meeting of l0/10/07 14 l ESL ~~ Richard C. Shickle Chairman, Board of Supervisors pe s Minutes Prepared By: ` " Jay E. Tib Deputy Cler ,Board of Supervisors J .Riley, Jr. Cl rk Board of Su rvisor Minute Book Number 33 Board of Supervisors Regular Meeting of 10/10/07