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HomeMy WebLinkAboutFebruary 13, 2008 Regular Meeting220' A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 13, 2008, 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 Gary A. Lofton. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Vice-Chairman Fisher delivered the invocation. PLEDGE OF ALLEGiANCF, Vice-Chairman Gene Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED AS AMENDED County Administrator John R. Riley, Jr. offered the following amendments to the agenda: -Under Committee Appointments - Appointment of member to the Russell l 50 Community Development Authority; - Under Committee Appointments -Appointment of a Board of Supervisors member to the School Naming Committee for the 12th elementary school; - Public Works Committee report from its February 12, 2008 meeting. 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 Gary A. Lofton Aye CONSENT AGENDA -APPROVED Administrator Riley offered the following tabs for the Board's consideration under the consent agenda: - Correspondence and Resolution from Winchester and Western Railroad re: Rail Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 221 Preservation Application -Tab C; -Parks and Recreation Commission Report -Tab E; -Transportation Committee Report -Tab G. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeIIaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 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 DeHaven, seconded by Supervisor Dove, the Board approved the minutes from the January 16, 2008 budget worksession 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 Gary A. Lofton Aye Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the minutes from the January 23, 2008 regular meeting 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 Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board approved the minutes from the February S, 2008 budget worksession with the School Board by the following recorded vote: Minute Book Number 33 Board or Supervisors Regular Meeting of 02/13/08 222 Richard C. Shickle Aye Gene E. Fisher Aye Charles S. Dellaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF WHITNEY L. "WHIT" WAGNER APPOINTED TO FILL THE UNEXPIRED TERM OF DALE L. FRITTS AS A MEMBER OF THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY (CDAI -APPROVED Upon a motion by Supervisor Dellaven, seconded by Supervisor Dove, the Board appointed Whitney L. "Whit" Wagner to the fill the unexpired term of Dale L. Fritts as a member of the Russell 150 Community Development Authority (CDA), said term to expire March 1, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Ayc Charles S. Dellaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OFCHERYL C. SWARTZ ASMEMBER-AT-LARGE ON THE PARKS AND RECREATION COMMISSION -APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lemieux, the Board reappointed Cheryl C. Swartz as Member-At-Large on the Parks and Recreation Commission. This is a four year appointment, said term to expire March 24, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. Dellaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF J. STANLEY CROCKETT AND RICHARD A. RUCKMAN AS FREDERICK COUNTY REPRESENTATIVF,S ON THE FREDERICK COUNTY SANITATION AUTHORITY -APPROVED Upon a motion by Supervisor Dellaven, seconded by Supervisor llove, the Board reappointed J. Stanley Crockett and Richard A. Ruckman as Frederick County representatives on Minute Book Number 33 Board of Supervisors Regular Meeting of O2/13/U8 223 the Frederick County Sanitation Authority. These are four year appointments, said terms to expire April 15, 2012. 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 Gary A. Lofton Aye REAPPOINTMENT OF NANCY "TOOTIF." C. RINKER AS MEMBER-AT-LARGE ON THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board reappointed Nancy "Tootie" C. Rinker as Member-At-Large on the Extension Leadership Council. This is a four year appointment, said term to expire April 24, 2012. 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 Gary A. Lofton Aye APPOINTMENT OF PHILIP A. LEMIEUX TO THE NAMING COMMITTEE FOR THE 12TH ELEMENTARY SCHOOL -APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor lleHaven, the Board appointed Philip A. Lemieux to the naming committee for the 12th 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 Gary A. Lofton Aye CORRESPONDENCF, ANll RESOLUTION (#048-08) FROM WINCHESTER AND WESTERN RAILROAD RE: RAIL PRESERVATION APPLICATION - APPROVED UNDER CONSENT AGENDA WHEREAS, the WINCHESTER & WESTERN RR desires to file an application with the VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION for safety and improvement projects; and Minute Book Number 33 Board of Supervisors Regular Meeting or 02/13/08 224 WHEREAS, the identified improvement projects are estimated to cost $1,096,048.00; and WHEREAS, the 2008 General Assembly has approved funding for the acquisition, lease, or improvement of railways within the Rail Industry Access Program budget; and WHEREAS, the WINCHESTER & WESTERN RR is an important element of the WINCHESTER/FREDERICK COUNTY transportation system; and WHEREAS, the WINCHESTER & WESTERN RR is instrumental in the economic development of the WINCHESTER/FREDERICK COUNTY area, and provides relief to the highway system by transporting freight, and provides an alternate means of transporting commodities; and WHEREAS, THE COUNTY OF FREDERICK supports the project and the retention of rail service; and WHEREAS, the COMMONWEALTH TRANSPORTATION BOARD has established procedures for all allocation and distribution of the funds approved by the 2008 General Assembly. NOW, THEREFORE, BE IT RESOLVED that THE COUNTY OF FREDERICK does hereby request the VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION to give priority consideration to the projects proposed by the WINCHESTER & WESTERN RR totaling $1,096,048.00 in FREDERICK COUNTY. "Phis item was approved under the consent agenda. CORRESPONDENCE RE: SPRING 2008 VPSA BOND APPLICATION AND REQUEST TO SCHEDULE PUBLIC HEARING DATE -APPROVED Administrator Riley advised this was a request from the School Board to the Board of Supervisors to set a public hearing for the County's participation in the Virginia Public School Authority (VPSA) Spring 2008 bond sale for Wednesday, March 12, 2008. The $14,400,000 in proceeds from the bond sale would be for the following projects: - Continued construction costs for 12th elementary school = $9,400,000; - Initial stage of the new transportation facility - $2,000,000; - Initial stage of the replacement middle school - $2,000,000; - Construction costs of Apple Pie Ridge elementary School = $1,000,000. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board set the public hearing for March 12, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 225 COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT -APPROVED UNDER CONSENT AGENDA The Parks and. Recreation Commission met on January 15, 2008. Members present were: Charles Sandy, Jr., P.W. Hillyard, III, Ronald Madagan, Larry Sullivan, and Phillip Lemieux. Items Requiring Board of Sunervisors Action: 1. None Submitted for Board Information Only: 1. Budget U date - Mr. Sullivan moved to approve the following items be included in the absolute/urgent needs section of the FY 2008-09 Capital Budget as recommended: ballfield liner, one ton pick up, replace four utility carts with two 60o Z-turn mower, half ton pick up truck, ballfield lighting replacement (Clearbrook and Sherando Parks), second by Mr. Sullivan, carried unanimously (4-0). 2. Election of Chairman - Mr. Madagan moved to nominate Mr. Charles Sandy, Jr. as Chairman, second by Mr. Sullivan, carried unanimously (4-0). 3. Election of Vice Chairman - Mr. Madagan moved to nominate Mr. Robert Hartman as Vice Chairman, second by Mr. Sullivan, carried unanimously (4-0). Standing Committee Reports 1. None PUBLIC WORKS COMMITTEE REPORT -APPROVED The Public Works Committee met on Tuesday, January 29, 2008 at 8:00 a.m. All members were present except George Ludwig and Bob Wells. ***Items Requiring Action*** 1. ASSI$ri -A-Highwa~Program - (Resolution #(043-081 on File Ms. Gloria Puffinburger, Solid Waste Manager, presented the Assign-A-Highway program which has been adopted in 29 counties in Virginia as an economical method of controlling litter. The attached memorandum dated January 25, 2008, describes this program in detail In essence, the program relies on probationer labor to pick up litter on State maintained roadways. Frederick County would need to employ a litter coordinator to manage the program, including coordinating and reviewing the road assignments with the probationers. After listening to the presentation and discussing the difference between probationers and parolees, the committee unanimously recommended that the Assign-A-Highway program be forwarded to the Board of Supervisors for their review and endorsement. A possible resolution has been attached for the Board's consideration. (Attachment 1) Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board adopted the Resolution in Support of the Frederick County Adopt-A-Highway program. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 226 Richard C. Shiekle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye ***Items Not Requiring Action*** 1. PPEA Proposal for a Potential Eastern Park Site A closed session was convened in accordance with Virginia Code 2.2-3711 A (30) to review an unsolicited proposal to provide land and develop a park site in the eastern half of Frederick County. No action was taken as a result of the closed session. 2. Disposition of Real Estate The Director of Public Works indicated that a survey is currently being performed on the Smeltzer property associated with the Gore compactor site. The intent of the survey is to determine if we can implement a boundary line adjustment to facilitate the sale of the existing single family dwelling and a portion of the residual property. Staff will coordinate the boundary line adjustment with the Planning Department to insure compliance with the minimum lot size requirements in Frederick County. 3. Use of New National Guard Facility for Recreational Opportunities The Committee reviewed a request from Mr. Jim Doran, Director of Parks and Recreation, to enter into an agreement with the National Guard to implement the necessary improvements to the proposed new assembly room to accommodate future gymnasium space for Frederick County Parks and Recreation activities. The attached memorandum dated January 22, 2008, summarizes this request. Mr. Doran indicated that this recreational space is not needed at the present time. However, the design would need to be modified to accommodate the future installation of a basketball floor, goals and an air conditioning system. The committee recommended that Mr. Doran contact the design Architect/Engineer to determine what infrastructure changes (i.e. electrical upgrades and structural framing) would need to be implemented during the initial phase of construction to accommodate the future recreational upgrades. These improvements would need to be outlined in an agreement in conjunction with costs associated with the upgrades. A draft of the agreement and cost impacts should be returned to the committee for their review. (Attachment 2) 4. Old Gainesboro School A subcommittee including Gary Dove, Whit Wagner, Kris Tierney, and Ed Strawsnyder met on January 23, 2008, to interview five (5) architectural/engineering firms to perform a feasibility study for the renovation of the Old Gainesboro Elementary School. Based on these interviews and a review of qualifications and experience, the subcommittee has recommended negotiating with OWPR to perform the feasibility study which will include a cost estimate to renovate the school for alternative uses such as a library and community meeting room. After establishing a scope of work, OWPR will submit a budget estimate for their services. Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 227 Their fee will be reviewed by the Public Works Committee during a special meeting to be held on February 12, 2008, prior to forwarding their recommendation to the Board of Supervisors. 5. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 3) b. Recycling Report (Attachment 4) c. Animal Shelter Dog Report (Attachment 5) d. Animal Shelter Cat Report (Attachment 6) PUBLIC WORKS COMMITTEE REPORT - (FEBRUARY 12 2008 MEETINGL APPROVED The Public Works Committee met on Tuesday, February 12, 2008 at 8:00 a.m. All members were present except George Ludwig. ***Items Requiring Action*** 1. Old Gainesboro School A closed session was convened in accordance with the Virginia Code 2.2-3711 A 29 to discuss a proposal submitted by OWPR to perform a feasibility study related to the renovation of the old Gainesboro School for adaptive uses. After reconvening from the closed session, the committee unanimously endorsed the proposal with a slight modification to perform the feasibility study in two (2) phases. The attached proposal dated February 12, 2008 has been revised to reflect the phased approach. The initial phase has an estimated fee of $20,000. (Attachment 1) Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board approved attaining the services of OWPR for $20,000 and approved the appropriation of funds from Reserves. 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 Gary A. Lofton Aye ***Items Not Requiring Action*** 1. Punchlist Status -Public Safety Building Mr. Gary Dove inquired about the status of the punch list for the public safety building. Mr. Kris Tierney indicated that our Maintenance Superintendent, Steve Richman, has been working closely with Shockey's project manager, Gary Ball, to resolve all of the issues. IIe further indicated that Frederick County has not released the final project payment. Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 228 2. Request from the Town of Middletown A letter dated February 5, 2008, has been received from the 'Town of Middletown indicating a desire to temporarily assume the duties of both building and fire permits and enforcement for the upcoming new code cycle starting in March of 2008. The letter further indicates that the building official, John Trenary, agreed to support this move. After discussing this issue and the potential impacts, the committee unanimously rejected this idea. However, they did indicate that if the town does assume these duties, this arrangement will be permanent. They will not be allowed to transfer these duties to Frederick County at a later date as referenced in the letter. It should be noted that Mr. Trenary did not support this approach. In fact, he recommended to Mr. Wharton that the Town of Middletown did not have the necessary, qualified staff to perform these duties. (Attachment 2) Supervisor Dove asked the Board to discuss this item and stated he believed the Board's position should be if they start doing these duties then they shall continue to do it and not return them to the county. Vice-Chairman Fisher stated it was the Committee's consensus if the Town assumed these duties it should be on a permanent basis. Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board approved giving the Town of Middletown the authority to assume building and fire permits and enforcement duties; however, should the town elect to assume these responsibilities it would be on a permanent basis. Supervisor Lemieux noted that the Top of Virginia Building Association concurred with the 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. 1Jwing Aye Philip A. Lemieux Aye Gary A. Lofton Aye TRANSPORTATION COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The Transportation Committee met on January 28, 2008 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gary Oates (liaison PC) George Kris (liaison PC) Lewis Boyer (liaison Stephens City) Dave Burleson (voting) Members Absent Donald Breeden (liaison Middletown) Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 229 Phil Lemieux (voting) James Racey (voting) ***Items Requiring Action*** None ***Items Not Requiring Action*** 1. 2008 Meeting Calendar The Committee adopted a change in the 2008 schedule. The February 18 meeting at 8:30 a.m. was changes to 8:30 a.m. on February 28, 2008. 2. late and Time for Review of Rt 37 Access Management StudX The Committee agreed to hold a meeting open to the public in the Board Room on Monday, February 11, 2008 at 7:00 p.m. to review the Route 37 Access Management Study. The general public, as well as members of the CPPS, the Planning Commission, the Board of Supervisors, and representatives from the city and towns will also be encouraged to attend. 3. Transportation Impact Fees Staff recommended to the Committee that a working group for the study of Transportation Impact Fees and Transportation Authorities be formed consisting of core volunteers from the Committee and an open invitation to the Committee at large. The first of the weekly meetings will beheld on "Tuesday, February 12, 2008 at 4:00 p.m. in the Planning Department Conference Room. While discussion of the issue focused primarily on establishing a working group for the issue, staff did offer an update on the potential changes being considered by the state legislature that would affect both transportation impact fees and the locality's ability to accept proffers (see item 7). The Committee expressed concerns regarding the difficulty of evaluating the effectiveness of Transportation Impact Fees at a time when the program's final form is still undetermined. Members of the Committee requested that the scope and outcome of neighboring counties' evaluations of the program be considered in the work session, including Prince William County's analysis of the fees. 4. Transportation Authorities In anticipation of the Committee working group's first session on February 12th, members of the Committee were asked to familiarize themselves with the State's enacting legislation for transportation authorities. In addition to evaluating Transportation Impact Fees and at the request of the Board of Supervisors, the working group is tasked with investigating whether to request that the General Assembly consider creating a Transportation Authority in our area. 5. Triangle Area Land Use Plan Staffprovided an explanation ofthe Route 277 Triangle and Urban Center Study, referencing maps included in the Committee's agenda package. Staff outlined the five key areas of the study which incorporate mixed uses and higher densities into an improved transportation network including the future I-81 exit 307, and the construction of a parkway to the south of 277. The Committee discussed the value of roundabouts as a means of improving traffic flow. Members also discussed the need to carefully consider traffic movements and road design at the intersection of the future parkway and Rt. 277 so as to accommodate the changes in usage that will occur throughout the phases of the area's development. Particularly, members discussed the nced to design the road in a way that would allow cars to intuitively navigate the intersection while 277 remains the more heavily-traveled of the two roads, and over time, as the parkway becomes more dominant. Minute Book Number 33 Board of Supervisors Regular Meeting of 02!13/08 230 Finally members discussed their concerns regarding Warrior Drive, and the need to anticipate its ultimate, ideal function by reclassifying the road now. This would help guide future access decisions. 6. Consideration of and Recommendation on a Limited Access Break at the Intersection of Rt. 11 and Rt. 37 Staff provided an overview of the proposal to the Committee by a pending site plan applicant on parcel 75-A-10A. The transportation system proposed would allow for access to Route 11 via a new limited access break, which requires a County resolution of support. After working with the applicant's representatives, staff recommended to the committee that a positive recommendation be made to the Board of Supervisors. Committee members expressed concern that blessing further study of the access break may be misconstnaed as a blessing of the access break itself, regardless of the study's outcome. Members were also reluctant to offer support of the study without input from the existing property owners on Commonwealth, since the proposal would require the removal of the signal at the Commonwealth intersection with Rt. 11, and would limit traffic to right-in right-out movements. The Committee asked the applicant's representative to return in February with input from the Commonwealth property owners and from the Hood property. After clarifying that the members need only act to support further study, and that such a motion was not an act of support for the proposal itself, the Committee Chairman offered to entertain a motion to support further study. A motion was made by Mr. Lemieux, seconded by Mr. Racey, and passed unopposed. 7. Legislative Update Staff provided an overview of pending legislation that may impact Frederick County. Senate Bill #768 would remove proffer authority from localities and replace it with a transportation fee capped at $5,000 per parcel. Committee shared concerns that this would severely limit the county's ability to improve transportation infrastructure. Also under consideration at the state level is a revenue sharing bill which staff described as a potential net-positive for the county. The bill would allow the county more flexibility by which to reach the requirements for matching funds from the state. if it were to pass, and assuming transportation proffers are not restricted by the aforementioned legislation, the bill would allow the funds from a locality to consist of proffers worth up to 90% of the total required, rather than the current limit of 50%. 8. Article Review 9. Other No other comments or items were raised and the meeting was adjourned. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING -REZONING #08-07 OF ARTILLERY BUSINESS CENTER, SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, TO REZONE 58.7 ACRES FROM RA (RURAL AREAS) DISTRICT TO Ml (LIGHT INDUSTRIALI DISTRICT WITH PROFFERS FOR OFFICE AND WAREHOUSE USES. THE PROPERTY IS LOCATED EAST AND ADJACENT TO SHADY ELM ROAD, APPROXIMATELY 1 500 FEET SOUTH OF ROUTE 37, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 75-A-1 IN THE BACK CREEK Minute Book Number 33 Board of Supervisors Regular Meeting or 02/13!08 231 MAGISTERIAL DISTRICT. -APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised staff had received a revised proffer statement, which was placed at the board members' seats along with a memo from an adjacent property owner and comments from Deputy Director of Planning/Transportation, which were part of the staff report for this application. He advised this property is located on Shady Elm Road and contains 58.7 acres. The applicant is proposing to rezone this property from RA (Rural Areas) District to M1 (Light Industrial) District with proffers. The property is located in the Back Creek District. The proposed uses for this site are light industrial office and warehouse uses (0.4 FAR proffered). 1'he property is located in the sewer and water service area and the South Frederick Land Use Plan. The proposal is consistent with the land use designation. The application proposes a new east/west collector road. Deputy Director Ruddy went on to say this application did not address the traffic impacts. He concluded by saying the Planning Commission recommended denial of this application. Deputy Director Ruddy briefly reviewed the proposed transportation proffers, which included: - Dedicated right-of--way along Shady Elm Road; - Construction and widening of the turn lane; - 1,100 feet ofright-of--way for the east/west connector; - Two lane section of the road; - $250,000 to the county for design and construction of the east/west road or other improvements. There are three uses proposed on the property; however, no warehouse distribution facility can be built within five years of the rezoning. The applicant has committed to providing additional right-of--way on the adjacent property; however, the proffer does not include construction of this section ofthe road. Deputy Director Ruddy concluded by saying the application is consistent with the Comprehensive Plan regarding land use; however, the transportation impacts are not addressed. Deputy Director of Planning/Transportation John Bishop briefly discussed the applicant's traffic impact analysis. He advised staff is not supportive of the applicant's TIA addendum. The previous traffic impact analysis included background traffic and showed three areas at service level C or worse prior to the project. At build out, there are seven points of level of service C or worse. Supervisor Lofton asked if the proffered 1,100 feet of right-of--way would have been Minute Book Number 33 Buard of Supervisors Regular Meeting of 02/13/08 232' expected or demanded. Deputy Director Bishop responded the improvement has been recognized as important. Supervisor Lofton asked if the county would be better to have the applicant mitigate the traffic impact analysis defects instead of providing the road. Deputy Director Bishop responded the planned roadway is important and it is the next important piece of the puzzle. Supervisor Lofton asked if the applicant had increased the screening since the staff report stated the application met the minimum screening expectations. Deputy Director Ruddy responded yes, the applicant has increased the distance of the buffer and the number of plantings. Supervisor Lofton asked if the applicant was building the ultimate cross section on Shady Elm Road. Deputy Director Ruddy responded the applicant is building two lanes and proffering the right-of--way. Supervisor Lofton asked if FEDEX and. the other developed sites mitigated their impacts. Deputy Director Ruddy responded that some made improvements and dedicated right-of--way, but he was not aware of any off-site improvements. Patrick Sowers, Patton, Harris, Rust Associates, appeared before the Board on behalf of the applicant. He briefly reviewed the land use, buffers, and corridor design proffers. The applicant was proposing to provide a 10 foot asphalt trail for pedestrians, a double row of evergreen and street trees to create year round screening, and would survey the historic structures on the site. In addition, the applicant proffered a $5,000 contribution to Star Fort, $5,000 to Fire and Rescue Services, and $2,500 to the Sheriff s Department to address impacts on community facilities. Mr. Sowers went on to say this rezoning was a fiscal positive for the county. He concluded by saying the sign limitations were based on the county's ordinances. Ron Mislowsky, Patton, Harris, Rust Associates, appeared before the Board on behalf of the applicant to discuss the transportation improvements associated with this application. He stated that he believed all development in this area should contribute their proportional share to the transportation improvements. He stated that the original traffic impact analysis, submitted by the Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 233 applicant, included a lot of background traffic; however, he was not disputing the impact of this development on those intersections. He advised: - The applicant had proffered $200,000 for a traffic signal at Apple Valley Road; - The applicant had secured right-of--way for the proposed east/west connector road; - 'The applicant had proffered to design the east/west connector road. Mr. Mislowsky stated the application had proffered $750,000 in improvements and he believed the proffers, taken as a whole, off set the impacts. Supervisor DeHaven asked for the applicant's justification for the rural 4-lane versus an urban 4-lane road. Mr. Mislowsky responded that the applicant believed the urban 4-lane was not appropriate in the industrial areas of the county and based on discussions with VDOT the applicant believed it was better to do the rural 4-lane. Vice-Chairman Fisher asked what the projected build out was for this site. Mr. Mislowsky responded that the traffic impact analysis was through 2010; however, realistically the applicant was looking at five to six years until the site is built out. Chairman Shickle convened the public hearing. .Tames Clark, Shawnee District, read the following statement: "My name is James E. Clark and I reside in Cross Creek Village on Apple Valley Road, Shawnee District. Industrial development on Shady Elm Road has mushroomed. Major new business sites are under construction there and on Apple Valley Road. Now you are being asked to upzone another 59 acre site for industrial development in accord with the County Comprehensive Plan. But the Plan also prescribes major highway developments, none of which have been designed, costed, funded, or scheduled. A serious disconnect exists between highway development and land development. Consider what the applicant's own analysis deems necessary. * A new four-lane connection between Shady Elm Road and US-11 including a railroad crossing. * Four through lanes on US-11 at Apple Valley Road. * Four through lanes on US-11 at the proposed connector. * New signalization at four intersections. * Up to a 400 percent traffic increase on Springdale Road to US-11. As you know, other highway improvement studies are looking at new and reconfigured interchanges and frontage roads in the vicinity of US-11 and Shady Elm Road. 1'he applicant offers intriguing proffers, but to think that a private developer could or should pay for Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 234 the design and construction of these multi-million dollar improvements would be absurd. So, if approved, this development would depend on the existing road network for access and egress for who knows how long. Surely you have observed current conditions - on US-11 when traffic must wait through three and four traffic signal cycles, or US-11 traffic when a train blocks the at-grade railroad crossing, or on the Route 37 ramps when traffic cannot merge because of over-capacity problems. Do you really want to worsen these conditions? What is needed is an approved scheduling and funding plan for major highway upgrades. Going forward with only the land development components of a comprehensive plan is just another form of plan non-compliance. I believe the ball is in the county's court. Government needs to catch-up with land developers. Your own professional staff has said that the traffic impacts of this development are not mitigated. The Planning Commission after three lengthy hearings recommends denial of the upzoning. Your Transportation Committee was recently told, "There are just too many cars going through too few lanes." This upzoning needs to be denied until there is evidence that the state and county will do their share in complying with highway components of the Comprehensive Plan." Kitty Hockman-Nicholas, Hedgebrook Farm, appeared before the Board in opposition to this application. She stated this was a difficult time for "us" and this rezoning was not a benefit to "us" or Frederick County. There were many problems with the biggest being transportation. She went on to say Shady Elm Road was built in 1963 and was not built to handle tractor trailer traffic. She advised the applicant was not receptive to requests for additional screening and reducing the building height. She concluded by saying the owner, to date, has not addressed the concerns of the residents; therefore, Hedgebrook asked the Board to vote no on this request. James Sluss, Back Creek District, expressed his opposition to the proposed rezoning. He stated there were many problems with the project and the main one was traffic. He went onto say the traffic impact analysis is dated and does not account for current development. He also noted that the proposed east/west connector road would have to cross over the railroad tracks. He concluded by saying he hoped the Board would follow the recommendation of the Planning Commission and deny this application. Bruce Dawson stated that he had developed a lot of the industry on Shady Elm Road and he travels the road everyday with no problems. He asked the Board to approve this rezoning. He also noted that NW Works has the opportunity to purchase property at the front of this project. Liz Hunter, Back Creek District, stated that she wanted to ensure this project had the proper landscaping, height restrictions, and building materials. She submitted the following letter from the January 9, 2008 meeting with the applicant: Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13!08 235 "January 8, 2008 To: Patrick R. Sowers Patton Harris Rust & Associates 117 East Piccadilly Street Suite 200 Winchester, VA 22601 RE: Artillery Business Center Rezoning Application From: Liz Hunter Andi Habron "l~he following is a list addressing the aesthetics/use of the proposed application property: * Building height shall be restricted to no more than 50 feet in height for primary and auxiliary aspects of any structures. * Per the Zoning Code 165-37 D stating "Whenever land is to be developed in the B3, Ml, or M2 zoning district that is adjacent to land used for residential purposes in the RA district a C Category buffer shall be provided on the land to be developed." The property proposed to be rezoned is not directly adjacent to residential; however, the property is within 1,000 feet of residential which the code allows that "if proposed developments are within 1000 feet of the boundaries of existing uses the Planning Commission may require increased of additional distance buffers to separate different uses to achieve the intention of this section". Therefore the developer shall provide Category C screen/buffer which provides 1501E inactive distance buffer and 501E active (parking). The Planning Commission is being requested to require this level of screening/buffering. This will ensure a consistent appearance with future development along Shady Elm Road. * The increased landscape buffer is detailed on the attached diagram. Evergreen trees should be a combination of Leyland cypress and various species of pines and should be at least 6' in height at planting. Hardwood deciduous trees should be a minimum of 10' in height and 8" caliper/diameter at planting and should be a combination of hardy varieties (i.e. red maple, oaks). The street trees should be a 8" caliper, 12' in height and ornamental trees a minimum 6" caliper and 8' in height. * No warehouse distribution center to be located at this site." She concluded by saying she was extremely disappointed that not one request was included in the proffer statement and she urged the Board to deny this rezoning application. Greg Brown, Back Creek District, opposed this application and stated he did not feel the residents should have to deal with the traffic with a promise that a road is coming soon. Andi Habron, Back Creek District, opposed this application. She stated this was not a well planned industrial setting. She went on to say that Patrick Barker at the Winchester-Frederick County Economic Development Commission stated that warehouse/distribution centers should be taken off the table. She concluded by urging the Board to deny this application. Teresa Ogle, Back Creek District, expressed her concerns about traffic. She went on to say that if the area has been designated as a historic area then VDOT's and the County's hands are tied when it comes to expanding the road. She concluded by saying Springdale Road was not safe for two large vehicles to pass at the same time. Chuck Hunter, Back Creek District, stated the proposed traffic light at Apple Valley Road Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 236 does nothing to help. He went on to say there was no money to construct a bridge at the railroad crossing. He concluded by saying that Springdale Road was a safety issue. Joe Carbaugh, Opequon District, stated that he hated to see farm land go out of production. He questioned the intent of the proposed road to Route 11. He concluded by saying there seemed to be other issues behind the road. Jack Bailey, Back Creek District, stated this proposal has been a farce. There was no consistency. He stated the County would be the only one responsible for future bridges and roads) and the tax payers would be burdened with paying for them. There being no further public comments, Chairman Shickle closed the public hearing. Mr. Mislowsky responded to some of the comments by saying the reason the proffers changed was to comply with comments from the Planning Commission. He went on to say the) applicant was sensitive to the residents' needs for extra screening and they tried to meet the residents half way. He stated there were currently traffic situations and problems that needed to be fixed. He went on to say the applicant was trying to be a catalyst for the construction of the connector road. He concluded by saying "we" have done more than our fair share to address impacts. Supervisor Lofton began by saying this had been a good project to "cut teeth on" and appreciated the citizens' and the owner's input. He stated transportation was an overriding issue and) the east/west connector road had him intrigued. He went onto say he believed, in the long term, they county was better to have the east/west connector road and the additional right-of--way brings the county closer to the east/west connector to mitigate the problems. He added that he liked the) increased screening and believed the topography would mitigate the height concerns. He concluded ~ by saying the County views this property as M-1 property. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board Rezoning #08-07, Artillery Business Center. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Nay Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Miuute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 237 Gary A. Lofton Aye OTHER PLANNING ITEMS AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 165 ZONING; ARTICLE IV SUPPLEMENTARY USE REGULATIONS• SECTION 165-30 SIGNS. THIS ORDINANCE AMENDMENT PROPOSES CHANGES TO THE FREDERICK COUNTY ZONING ORDINANCE IN REGARDS TO SIGNAGE. SPECIFICALLY, THIS ORDINANCE AMENDMENT PROPOSES CHANGES TO THE TYPES OF SIGNAGE ALLOWED, THE ALLOWABLE SIGN HEIGHT AND SIGN SIZE. THIS ORDINANCE AMENDMENT ALSO PROPOSES CHANGES TO SECTION 165-156 DEFINITIONS. WITH THIS ORDINANCE AMENDMENT EACH INDIVIDUAL ZONING DISTRICT IN THE ZONING ORDINANCE WILL BE UPDATED TO REFLECT CHANGES TO THE SIGN ORDINANCE (VOTE POSTPONED FROM JANUARY 23.2008 MEETING 1-APPROVED - (A COPY IS ON FILE) Senior Planner Candice Perkins appeared before the Board regarding this item. She stated the Board held its public hearing on January 23, 2008, but postponed action in order to allow staff to address board members' concerns. The ordinance before the Board this evening was revised to address their concerns. Chairman Shickle thanked staff for working with the Board and also thanked the committee for their hard work as well. Vice-Chairman Fisher stated that he too appreciated staff's time in revising this ordinance. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved an Ordinance to Amend the Frederick County Code Chapter 165 Zoning; Article 1V Supplementary Use Regulations; Section 165-30 Signs. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article IV Section 165-30, Article V Section 165-50, Article VI Sections 165-59 and 165-60, Article IX Section 165-79, Article X Section 165-82, Article XI Section 165-85, Article XII Section 165-92, Article XII Section 165-103, and Article XXII Section 156, was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on October 25, 2007; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on January 16, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on January 23, 2008, and took action at a public meeting on February 13, 2008; 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 in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165, Zoning, above named Articles, is amended. Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 238 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 Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Mike Feighery, Shawnee District and President of the Canter Estates Homeowners's Association, expressed concern about the lack of a red light at the intersection of Clydesdale and Route 522. He asked the Board for help in moving this project forward. He stated if a light could not be installed, then he would like to have either a reduced speed limit or flashers put on Route 522. Barbara Burroughs, Opequon District, expressed concerns about the need for laws governing cats. She expressed her frustration over her neighbor taking in some many cats. She advised that no one could help her even though the cats were destroying her property. She asked the Board to enact an ordinance to address this issue. Darrell Haybron, Back Creek District, stated the outcome of this evening's vote resulted in citizens who were upset. He stated the Board needed to have a higher standard of care for proffers being submitted by applicants. BOARD OF SUPERVISORS COMMENTS Vice-Chairman Fisher stated he had spoken with VDOT and citizens in the area regarding Route 522 and its intersection with Clydesdale. He stated there were issues that the Board needed to work with VDOT to address in that area. ADJOURN UPON A MOTION BY SUPERVISOR SWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:00 P.M.) Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08 239 ~?-.--~s~ ~___, Richard C. Shickle J .Riley, Jr. Chairman, Board of Supervisors C erk, Board of Supervisors Minutes Prepared By: ~i~ ~~,,,/> Jay . T' bs Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 02/13/08