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HomeMy WebLinkAboutMay 12 2010 Regular Meeting454 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 12, 2010, at 7:15 P.M., Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. ABSENT Christopher E. Collins. CALL TO ORDER Chairman's Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no additions or changes to the agenda. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Set Schedule for Board Meetings During Summer Months and for November and December, 2010; - Tab C; - Parks and Recreation Commission — Tab F; and - Lake Holiday Country Club Dam Working Committee — Tab G. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the consent agenda by the following recorded vote: Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 455 Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher 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 Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the April 21, 2010 Budget Work Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the minutes from the April 28, 2010 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF BASSAM T. SABBAGH TO THE COMMUNITY POLICY AND MANAGEMENT TEAM - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board reappointed Bassam T. Sabbagh to the Community Policy and Management Team. This is a two year appointment, said term to expire June 30, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 456 Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF THE DEVELOPMENT IMPACT MODEL COMMITTEE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board reappointed the following members to the Development Impact Model Committee: Kris C. Tierney — County Administration Representative Gary W. Dove — Board of Supervisors Representative Gary Lofton — Board of Supervisors Representative H. Paige Manuel — Planning Commission Representative Roger L. Thomas — Planning Commission Representative Stuart A. Wolk — School Board Representative Josh Phelps — Economic Development Commission Representative Stephen Petler — Top of Virginia Building Association Representative J. P. Carr — Top of Virginia Building Association Representative. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF TOMMY PRICE AS FREDERICK COUNTY VOLUNTEER REPRESENTATIVE TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL (EMS) - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board reappointed Tommy Price as Frederick County Volunteer Representative to the Lord Fairfax Emergency Medical Services Council (EMS). This is a three year appointment, said term to expire June 30, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF GENE E. FISHER AS FREDERICK COUNTY REPRESENTATIVE TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY - APPROVED Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 457 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board reappointed Gene E. Fisher as Frederick County representative to the Winchester Regional Airport Authority. This is a four year appointment, said term to expire June 30, 2014. The above motion was approved by the following recorded vote: REAPPOINTMENT OF RICH LARGENT AS FREDERICK COUNTY REPRESENTATIVE TO THE WINCHESTER REGIONAL AIRPORT - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board reappointed Rich Largent as Frederick County Representative to the Winchester Regional Airport. This is a four year appointment, said term to expire June 30, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Richard C. Shickle Aye Christopher E. Collins Christopher E. Collins Absent Charles S. DeHaven, Jr. Charles S. DeHaven, Jr. Aye Gary W. Dove Gary W. Dove Aye Bill M. Ewing Bill M. Ewing Aye Gene E. Fisher Gene E. Fisher Aye Gary A. Lofton Gary A. Lofton Aye REAPPOINTMENT OF RICH LARGENT AS FREDERICK COUNTY REPRESENTATIVE TO THE WINCHESTER REGIONAL AIRPORT - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board reappointed Rich Largent as Frederick County Representative to the Winchester Regional Airport. This is a four year appointment, said term to expire June 30, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye SET SCHEDULE FOR MEETINGS DURING SUMMER MONTHS AND FOR NOVEMBER AND DECEMBER, 2010 — APPROVED UNDER CONSENT AGENDA The Board canceled the July 14, 2010; August 25, 2010; October 27, 2010; November 24, 2010; and December 22, 2010 Board of Supervisors' meetings. REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley requested a refund for Xpress Stop, Inc. in the amount of $5,018.22 for an adjustment to its business license for 2007, 2008, and 2009 due to the removal of gasoline taxes included originally in the gross receipts but not to be included according to business license regulations. The County Attorney has reviewed same and indicated the refund appears to be justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund request for Xpress Stop, Inc. The above motion was approved by the following recorded vote: Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 458 Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM ECONOMIC DEVELOPMENT COMMISSION DIRECTOR FOR SUPPLEMENTAL APPROPRIATION FOR PROJET AIRCRAFT (ACTION POSTPONED FROM BOARD MEETINGS OF NOVEMBER 18 2009 JANUARY 13, FEBRUARY 24, AND APRIL 14, 2010) — REFERR BACK TO THE ECONOMIC DEVELOPMENT COMMISSION FOR RESOLUTION Supervisor Fisher stated there had been discussions with ProJet. He went on to say there were perhaps some issues with the existing Memorandum of Understanding and he would like to send this issue back to the Economic Development Commission to have the Memorandum of Understanding revisited by ProJet and the Economic Development Commission. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board referred this item back to the Economic Development Commission for resolution. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER THE CONSENT AGENDA The Parks and Recreation Commission met on April 20, 2010. Members present were: Charles Sandy, Jr.; P.W. Hillyard, III; Ronald Madagan, Gary Longerbeam, and Marty Cybulski. Items Requiring Board of Supervisors Action 1. None. Submitted for Board Information Only 1. None Standing Committee Reports 1. Park Improvements — The Building and Grounds Committee recommended the demolition of the marina building at Sherando Park and secure funds from a service organization to build a passive recreation shelter at the site to attract visitors to the lake area, second by Mr. Sandy, carried unanimously (5 -0). 2. Property on the South Side of Valley Mill Road — The Buildings and Grounds Committee recommended to postpone the decision to accept property on the south side of Valley Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 459 Mill Road adjacent to the Mill Race Subdivision for 120 days until more options are investigated, second by Mr. Sandy, carried unanimously (5 -0). LAKE HOLIDAY COUNTRY CLUB DAM WORKING COMMITTEE REPORT — APPROVED UNDER THE CONSENT AGENDA The LHCC Dam Working Group Committee met in the first floor conference room of 107 North Kent Street on Tuesday, April 27, 2010 at 10:00 a.m. All members were present: Kris Tierney, Ed Strawsnyder, Supervisor Gary Dove, Mike Sweeney, Wayne Poyer, and Ray Soul. The following items were discussed: No items require board action. 1) Presentation (via speaker phone) by Ms. Jean Bass, Policy & Intergovernmental Relations Virginia Resources Authority (VRA) Ms. Bass discussed a brief history of the VRA, their partnership with the Department of Environmental Conservation in administering the State's Flood Assistance Fund, and the Authority's pooled financing program. While the Assistance Fund is not adequately funded to be of use for the spillway, the pooled financing program appears to be a viable option. Ms. Bass pointed out that the deadline for the fall bond issuance is August 16 and that financing in excess of five million has a $5,000.00 application fee. Questions to be answered by the Authority were: 1) can a Sanitary District be the official applicant for funding; and 2) would the County's "moral obligation" be required in order to obtain financing through the program. 2) Proposed Agreement on Lake Holiday Sanitary District Between Lake Holiday Country Club, Inc. and Frederick County Changes discussed by the Committee at the March meeting have been incorporated into the document. The agreement was to go before the LHCC Board of Directors at their meeting scheduled for the evening of April 27, 2010. The remaining items to be resolved is establishment of a "not to exceed" amount for the administrative fee to be charged by the Treasurer's office for collection of future assessments. Mrs. Angela Whitacre attended the meeting on behalf of the County Treasurer. Mrs. Whitacre agreed to come to the May meeting of the Committee with a proposed "not to exceed" amount for the administrative fee. It was made clear that this estimate would have to be based on a number of assumptions including the actual bond amount and term, and the method used to establish assessments for the Sanitary District property owner fees. 3) Discussion of Impacts of Recent State Legislation Governing Dams. Amendments to 10.1 -605 of the Code of Virginia past this session reduce the severity of the storm event that an existing dam must be capable of handling without overtopping, provided certain conditions are met. LHCC has entered discussions with the DCR and plans to apply for approval to proceed with a lesser spillway design based on the new legislation. LHCC is also working with their engineer to both modify the spillway design, and develop new cost estimate for its construction. Presently the Committee is awaiting the revised hydrologic model used to forecast the reduced volume of water that must be handled by the spillway. A corresponding cost estimate for construction of a revised spillway will then be developed by LHCC's engineer. 4) Other a. The Committee was informed that the County has requested assistance from Morgan Keegan as financial advisor, and McGuireWoods and bond counsel to assist in determining what financing mechanism would be in the best interest of Frederick County and the Sanitary District. b. The Committee was updated on USDA RD funding inquiry. Staff and the Committee are keeping Mr. Jim Allen with the USDA RD office in Harrisonburg informed on progress Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 460 toward the spillway design and estimated cost. It remains to be seen whether adequate information will be available in time to meet application deadlines for this funding. There being no other business before the Committee, the meeting was adjourned. The next scheduled meeting of the Committee will be May 25, 2010. PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met as the Green Advisory Committee on Tuesday, April 27, 2010, at 8:00 a.m. All members were present. The following items were discussed: ** *Items Requiring Action * ** 1. Energy Performance Contract Technical Audit - Approved The Green Advisory Committee (GAC) discussed pursuing an energy performance contract technical audit. A Technical Audit of the County Administration building provides the basis for a Performance Contract, whereby energy savings are used to pay for energy efficiency improvements (Attachment 1). No payment is required at the execution of the Technical Audit and if projects are pursued the cost is rolled into Performance Contract savings. It has been noted by both Energy Service Companies that did presentations and the Department of Mines Minerals and Energy representatives that rarely, if ever, does the Technical Audit phase not lead to a Performance Contract. Mr. Wagner indicated that the project scope proposed by Siemens represented "common sense" measures that should not have difficulty meeting projected savings. The GAC recognized that a budget allocation does not exist for the $7,500 cost of the Technical Audit if no Performance Audit is entered. However, the committee believed that this amount was a small but acceptable risk considering the potential savings. A motion was made by Mr. Wells and seconded by Mr. Wagner to recommend proceeding to the Technical Audit phase of the Performance Contract process with Siemens. The motion was unanimously endorsed by the committee. Supervisor Fisher advised that Jon Turkel, staff for the Green Advisory Committee, was present to answer any questions the Board might have. Mr. Turkel stated the proposal submitted by Siemens showed sufficient energy savings to recognize sufficient cost savings to off -set the County's exposure to the cost of the Technical Audit. Supervisor Lofton stated it had been his experience with performance contracts that the contractors sets bench marks to establish the level of savings; however, those bench marks do not always set with the behavior of the employees, which then affects the county's costs and the contractor's costs. Mark Elsier, Senior Accounts Executive with Siemens' Industry, Inc., responded that today everything is technology based; therefore, the bench marks are based upon current habits, temperature settings, etc. Vice - Chairman Ewing asked if the County entered into the agreement, could they get out and, if the county can get out of the agreement, would there be a penalty? Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 461 Mr. Elsier responded the County would have a debt obligation they would have to meet. He went on to say the majority of the savings recognized by the county would come from the equipment change. Dan Acker, Performance Contract Manager with the Department of Mines, Minerals, and Energy, advised the project was set up to be budget neutral or a budget positive over the life _— I I of the project. Chairman Shickle asked how contractors were selected. Mr. Acker responded the Department of General Services selected 17 vendors. He went on to say that by going through the Department of General Services the County would have some guarantees, such as, if Siemens could not come forward with a viable project then the County would not have to pay for the technical audit. Chairman Shickle asked how many local jurisdictions in Virginia were participating. Mr. Acker responded that Frederick County was at the forefront of localities participating in this program. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board voted to proceed with the Technical Audit phase of the performance contract with Siemens. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. County Vehicle Fleet Mileage Reductions A brief summary indicating a 55 percent reduction in commuting vehicle miles travelled (VMT) was presented and discussed. Reductions result from a combination of vehicles parked, staged, and staff attrition. 2. Energy Awareness Program Launch Earth Day, April 22, marked the launch of the Energy Awareness and Training modules on the employee intranet. To date 50 percent of County departments have participated with 8% overall employee participation. Mr. Riley requested a list of departments that have not participated after 30 days. PUBLIC HEARINGS PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF STEPHEN GALLAHAN AND DIANNA BANKSON — "STEVE STOCK ". PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3 Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 462 C PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL• FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY JUNE 19 2010 FROM 1:00 P.M. TO 9:00 P.M.; ON PROPERTY LOCATED AT 101 ERIE TRAIL WINCHESTER VIRGINIA. PROPERTY OWNED BY STEPHEN GALLAHAN. - DENIED Administrator Riley advised this was an application for a festival permit for an event to be held on Saturday, June 19, 2010 from 1:00 p.m. to 9:00 p.m. at 101 Erie Trail. Supervisor Lofton advised that he had contacted Company 19 and was informed that no one had been approached about providing emergency medical support for this event. Stephen Gallahan, applicant, responded that he had spoken with a volunteer named Adam Lynn with Company 19 about the event. Supervisor Lofton responded that no one had been approached about this and thought maybe this was something the applicant over looked. Mr. Gallahan responded he thought all of his bases had been covered. Supervisor Lofton noted the application said the noise ordinance would be adhered to at all times. He asked the applicants what the ordinance said. Mr. Gallahan responded he was not sure. Dianna Bankson, applicant, responded that noise could not extend beyond the property line. She went on to say they had permission from all of the neighbors to have this event. Supervisor Lofton responded that he had received some complaints about prior events and he had not talked to anyone in favor of this event, except those who had been invited. He went on to say this seemed like a good endeavor, but this was not the place to hold it. Chairman Shickle convened the public hearing. Michael Shearer, Back Creek District, advised he lives 1,327 feet from Mr. Gallahan's driveway. He has previously complained to the Sheriff's Department about this event, in particular amplified obscenities over the PA system. He went on to say they got out of hand several times. He concluded by saying if the applicant could keep the obscenities and volume down that would be great. Anthony Thomas, Back Creek District, stated he originally assumed this festival was a graduation party because of the time of year. He asked that the permit be denied because of the loud music and amplified obscenities. He went on to say there was a lot of alcohol consumption and he feared for people driving in Shawneeland. There being no further comments, Chairman Shickle closed the public hearing. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 463 Mr. Gallahan responded that he felt bad about the tape that was played last year. He went on to say he had no idea they were going to play the tape. He told them no more. He stated that last year he had portable toilets on site, but people still tried to go behind his garage. He concluded by saying he could turn down the music and he would like one more chance to do this. Chairman Shickle asked Mr. Gallahan if he was unaware of the complaints. Mr. Gallahan responded yes. He went on to say he only had problems with one neighbor who he had had issues with previously. Ms. Bankson stated they had permission from the neighbors for people to pitch tents in their yards so they would not have to drive. Supervisor Lofton stated he appreciated the applicants wanting to put this one. He stated the neighborhood has narrow roads, the sound carries, and he had received a number of complaints. He went on to say he had asked people if they could tolerate this again and no one said yes. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board denied the Outdoor Festival Permit request for "Steve Stock ". The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - OUTDOOR FESTIVAL PE RMIT REOUEST OF THOMAS B. VANDEBERG — SHENANDOAH MIDSUMMER FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86- 3-C, PERMIT REOUIRED; APPLICATION; ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD FRIDAY- SUNDAY, JUNE 25, 26, & 27, 2010 FROM 1:00 P.M., FRIDAY, JUNE 25 UNTIL 3.00 P.M., SUNDAY, JUNE 27, ON THE GROUNDS OF THE BATTLE OF CEDAR CREEK CAMPGROUND, 8950 VALLEY PIKE, MIDDLETOWN, VIRGINIA PROPERTY OWNED BY RACHEL AND STEVE SCHETROM. - APPROVED Administrator Riley advised this was an application for an outdoor festival permit for Shenandoah Midsummer Festival to be held June 25 -27, 2010 from 1:00 p.m. on Friday, June 25, 2010, until 3:00 p.m. on Sunday, June 27, 2010 on the grounds of the Battle of Cedar Creek Campground. Chairman Shickle convened the public hearing. There were no public comments. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 4641 Chairman Shickle closed the public hearing. Supervisor Lofton stated the venue for this event was more appropriate than the venue for the previous application. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the outdoor festival permit request of Thomas B. Vandeberg — Shenandoah Midsummer Festival. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - PROPOSED ORDINANCE — SALARIES OF THE BOARD OF SUPERVISORS — PURSUANT TO SECTION 15.2- 1414.3 OF THE CODE OF VIRGINIA 1950 AS AMENDED THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO FIX THE ANNUAL SALARIES OF THE BOARD OF SUPERVISORS AS FOLLOWS: CHARIMAN, $10,800; VICE CHAIRMAN, $10,200 AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9,000. - APPROVED Administrator Riley reviewed the salaries of the board members. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the salaries for the Board of Supervisors. BE IT ORDAINED, the annual salary of each member of the Frederick County Board of Supervisors, for the fiscal year beginning July 1, 2010, shall be as follows: Chairman, $10,800; Vice Chairman, $10,200; and each other member of the Board of Supervisors at $9,000. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #02 -10 FOR CRANE'S WELDING, LLC, FOR A WELDING REPAIR USE. THE PROPERTY IS Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 465 LOCATED AT 1486 BLOOMERY PIKE (ROUTE 127), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 10 -A -17 IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a welding repair business. The property is located at 1486 Bloomery Pike in the Gainesboro Magisterial District. ____ I I The proposed use will occur in a 3,600 square foot building. Customers will be limited on site because the use occurs mostly off -site. Zoning Administrator Cheran concluded by saying the Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall not exceed 7:00 a.m. through 7:00 p.m. Monday through Saturday. 3. No more than five employees allowed. 4. No more then three business vehicles allowed. 5. Total building area shall not exceed 7,500 square feet. 6. All outdoor storage or repair shall be screened by a six foot board -on -board fence, evergreen screen or berm. 7. An engineered site plan shall be submitted and approved by Frederick County, and implemented prior to operation of this business. 8. On monument sign shall be allowed on the property; sign shall not exceed twenty - five square feet in area. The sign shall not exceed ten feet in height. 9. Any expansion or change of use will require a new Conditional Use permit. Chairman Shickle asked if the structure was previously commercial. Zoning Administrator Cheran responded yes, it was an old country store. Fred Crane, applicant, advised that he agreed with all of the conditions. He asked if he could have a larger sign, if possible. He noted he had an eight foot by eight foot sign. Supervisor DeHaven noted the current 25 square feet was an upgrade from the originally allowed four square feet. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Supervisor Dove stated that based on the location of the building he had not problem with allowing a larger sign. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 466 Zoning Administrator advised a monument sign would work with the applicant. He went on to say he could work with the applicant through the site plan stage. Supervisors DeHaven and Fisher stated they supported Supervisor Dove's position on the larger sign. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved Conditional Use Permit # 02 -10 with a change to condition number 8 for the sign not to exceed sixty -four square feet. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT CHAPTER 165, ARTICLE VI, BUSINESS AND INDUSTRIAL ZONING DISTRICTS; PART 604 B3 INDUSTRIAL TRANSITION DISTRICT — 165- 604.03 CONDITIONAL USES; PART 606 M1 LIGHT INDUSTRIAL DISTRICT — 165- 606.03 CONDITIONAL USES; PART 607 M2 INDUSTRIAL GENERAL DISTRICT — 165- 607.03 CONDITIONAL USES; AND ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES; PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES — 165- 204.24 TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING — REVISIONS TO THE FREDERICK COUNTY ORDINANCE TO INCLUDE TRUCK PARKING IN THE B3, M1, AND M2 DISTRICTS. - APPROVED Director of Planning & Development Eric Lawrence appeared before the Board regarding this item. He advised staff received a request to include truck tractor and tractor truck parking as a use in the Ml (Light Industrial) and M2 (Industrial General) Zoning District. The proposed amendment would allow a parking area to store trucks and trailers for an extended period of time as a primary use. He went on to say the proposed amendment would allow this use in the B3 (Industrial Transition), MI (Light Industrial), and M2 (Industrial General) Zoning Districts with a conditional use permit. He concluded by saying supplementary use regulations in the form of required conditions have also been included. Chairman Shickle asked if there were interested parties who wanted this amendment. Director Lawrence responded the request came from one individual; however, he noted there were a number of illegal parking areas around the county. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 467 Supervisor Fisher stated he thought this might resolve some issues out near the airport. He went on to say this should not become a permanent use of Ml zoned property. He concluded by asking how a temporary use becomes part of a conditional use permit. Director Lawrence advised that under the current ordinance there is no time limit. Supervisor DeHaven stated the Board could always write individual conditions to require a review of the permit every three to five years. He asked if the Board should put in condition that says any number of conditions can be required. Director Lawrence responded there is a section of the Zoning Ordinance that talks about conditional use permits. Supervisor DeHaven stated he was comfortable with Director Lawrence's response. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved an ordinance amending the Frederick County Code Chapter 165, Zoning, Article VI Business and Industrial Zoning Districts; Part 604 B3 Industrial Transition District; 165- 604.03 Conditional Uses; Part 606 M1 Light Industrial District; 165- 606.03 Conditional Uses; Part 607 M2 Industrial General District; 165- 607.03 Conditional Uses; Chapter 165, Zoning, Article Il Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses; Part 204 Additional Regulations for Specific Uses; 165- 204.24 Tractor Truck and Tractor Truck Trailer Parking. WHEREAS, an ordinance to amend Chapter 165, Zoning, as outlined above, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, the Planning Commission held a public hearing on this ordinance on April 21, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on May 12, 2010; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article VI Business and Industrial Zoning Districts; Part 604 B3 Industrial Transition District; 165- 604.03 Conditional Uses; Part 606 Ml Light Industrial District; 165- 606.03 Conditional Uses; Part 607 M2 Industrial General District; 165- 607.03 Conditional Uses; Chapter 165, Zoning, Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses; Part 204 Additional Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 �i Regulations for Specific Uses; 165- 204.24 Tractor Truck and Tractor Truck Trailer Parking is revised. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 604 — B3 Industrial Transition District $ 165- 604.03. Conditional Uses. Uses permitted with a conditional use permit shall be as f ollows: Conditional Uses Standard Industrial Classification (SIC) Tractor Truck and Tractor Trailer Parking -- Part 606 — Ml Light Industrial Districts $ 165- 606.03. Conditional Uses. Uses permitted with a conditional use permit shall be as follo Conditional Uses Standard Industrial Classification (SIC) Tractor Truck and Tractor Trailer Parking -- Part 607 — M2 Industrial General District $ 165 - 607.03. Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Tractor Truck and Tractor Trailer Parking -- ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses $165- 204.24. Tractor Truck and Tractor Truck Trailer Parking. Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), MI (Light Industrial), and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use permit shall meet the following conditions: 1. All areas utilized for the parking of tractor trucks shall meet the requirements of $165- 202 01 D. Areas utilized for the storage of trailers may utilize a gravel surface. 2. All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gavel, or the like is not distributed onto roadways. 3. No inoperable tractor trucks or damaged/salvage trailers, unlicensed trailers or carjeo /storage containers shall be parked or stored on the site. 4. Fuel sales shall not be permitted. 5. Maintenance of trucks and trailers shall not be permitted. 6. Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees (minimum of two different species). The on- center distance between each tree in the staggered double row shall not exceed the Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 widest width of the selected evergreen trees At no point shall the offset between each evergreen tree planted in the staggered double row be less then 90 degrees The side and rear yards shall be planted with a single row of evergreen trees that are planted a maximum of 40 feet on center. All trees shall be a minimum of six feet in height at the time of planting. The Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses 7. A site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County. This amendment shall be in effect on the day of adoption. Passed this 12'' day of May, 2010 by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT CHAPTER 165 ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS• PART 609 HE HIGHER EDUCATION DISTRICT — 165- 609.03 YARD AND DESIGN REQUIREMENTS, 165- 609.04 BUFFERS AND SCREENING AND 165-609.05 HEIGHT LIMITATIONS — REVISIONS TO THE FREDERICK COUNTY ORDINANCE TO INCREASE THE HEIGHT AND REVISE THE DESIGN REQUIREMENTS IN THE HE DISTRICT. - APPROVED Chairman Shickle and Supervisor Fisher recused themselves from consideration of this item. Director of Planning & Development Eric Lawrence appeared before the Board regarding this item. He advised staff received a request to increase the maximum height requirements in the Higher Education (HE) District from 45 feet to 75 feet, subject to a Board of Supervisors' waiver. The proposed amendment also includes revisions to the yard and design requirements. The Planning Commission recommended approval. Vice - Chairman Ewing convened the public hearing. There were no public comments. Vice - Chairman Ewing closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved an ordinance amending Frederick County Code Chapter 165, Zoning, Article VI Business and Industrial Zoning Districts; Part 609 HE Higher Education District; 165 - 509.03 Yard and Design Requirements; 165- 609.04 Buffers and Screening; 165- 609.05 Height Limitations. WHEREAS, an ordinance to amend Chapter 165, Zoning, as outlined above, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 470 WHEREAS, the Planning Commission held a public hearing on this ordinance on April 12, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on May 12, 2010; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article VI Business and Industrial Zoning Districts; Part 609 HE Higher Education District; 165 - 509.03 Yard and Design Requirements; 165- 609.04 Buffers and Screening; 165- 609.05 Height Limitations is revised. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 609 — HE Higher Education District § 165 - 609.01. Intent The HE Higher Education District is intended to permit institutions of higher education in appropriate areas. It is intended that uses in this district be properly separated from different uses in adjoining districts. § 165- 609.02. Permitted uses. Structures to be erected or land to be used shall be for one or more of the following uses: A. Institutions of higher education. B. Utilities necessary to serve allowed uses, including poles, lines, distribution transformers, pipes and meters. C. Accessory uses and structures. D. Off - street parking and loading. E. Business signs. F. Signs allowed in § 165- 201.06B. G. Freestanding building entrance signs. § 165- 609.03 Yard and Design requirements. A. Structures shall be located 50 feet from any primary or arterial highway and 35 feet from any ' , street " r- read right ht of way. Collector or minor street. B. The minimum side yard for all structures shall be 15 feet. An additional foot from the side yard boundary shall be added to the minimum side yard setback for every foot that the height of the structure exceeds 45 feet when the adjacent use is single family residences. C. The minimum rear yard for all structures shall be 25 feet. An additional foot from the rear yard boundary shall be added to the minimum rear yard setback for every foot that the height exceeds 45 feet when the adjacent use is single family residences. D. There shall be no minimum lot size or minimum lot width or depth. E. Maximum Floor area to lot area ration (FAR) shall be 2.0. F. Minimum landscaped area (percentage of lot area) shall be 25 percent. § 165- 609.04. Buffers and screening. A. The Planning Commission may require distance buffers, as defined in §165-203.02A of this chapter, on lots which abut land in any residential district or land in other zoning districts which are predominantly residential in nature. The size and content of the die buffers shall be based on the amount of separation needed. B. The Planning Commission may require landscaped screens or full landscaping, as defined by § 165- 203.02B of this chapter, to separate uses in this district from adjoining residential uses and to achieve the intentions of this chapter. Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 71 § 165- 609.05. Height limitations. Buildings, signs and s — .11-Y be efeeted up to 45 The maximum structure height shall be 45 feet. The Board of Supervisors may waive the 45 foot height limitation Provided that it will not negatively impact adjacent residential uses In considering the height waiver, the Board of Supervisors may require architectural renderings that demonstrate Potential impacts on adjacent residential uses In no case shall anv structure exceed 75 feet in height This amendment shall be in effect on the day of adoption. Passed this 12 day of May, 2010 by the following recorded vote: Richard C. Shickle Abstain Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Abstain Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT CHAPTER 165 ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS• PART 606 Ml LIGHT INDUSTRIAL DISTRICT 165- 606.02 ALLOWED USES - REVISIONS TO THE FREDERICK COUNTY ORDINANCE TO INCLUDE BATTERY MANUFACTURING IN THE M1 DISTIRCT. - APPROVED Director of Planning & Development Eric Lawrence appeared before the Board regarding this item. He advised this was a request to include the manufacturing of storage batteries (portions of SIC 3691) as a permitted use in the Ml Zoning District. He noted SIC 3691 excludes lead acid batteries. He went on to say the Planning Commission recommended approval. He noted under the new text, the Zoning Administrator would make a determination if a use was not identified under the SIC manual. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved an ordinance amending the Frederick County Code, Chapter 165, Zoning, Article VI Business and Industrial Zoning Districts; Part 606 Ml Light Industrial District; 165- 606.02 Allowed Uses. WHEREAS, an ordinance to amend Chapter 165, Zoning, as outlined above, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, the Planning Commission held a public hearing on this ordinance on April 21, 2010; and Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 472 WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on May 12, 2010; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article VI Business and Industrial Zoning Districts; Part 606 M1 Light Industrial District; 165 - 606.02 Allowed Uses is revised. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 606 — M1 Light Industrial District § 165 - 606.01 Intent. MI Light Industrial District. The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy commercial uses in well - planned industrial settings. Uses are allowed which do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such industrial areas shall be provided with safe and sufficient access. § 165- 606.02 Allowed Uses. Allowed Uses Standard Industrial Classification (SIC) Electronics and other electrical Equipment and components, excluding the following: 36 Storage baaer-ies 3691 Lead acid batteries 3691 Primary batteries 3692 This amendment shall be in effect on the day of adoption. Passed this 12` day of May, 2010 by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle read a notice concerning Wendell Dick Day to be held on Saturday, May 22 from 5:00 p.m. to 9:00 p.m. at James Wood High School. ADJOURN Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 73 UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:02 P.M.) Richard C. Shickle . R J ey, Jr. Chairman, Board of Supervisors erk, Board of Supervisors Minutes Prepared By: _ZLL '�_- taL Jay E. tib Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 05/12/10 474