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HomeMy WebLinkAboutMay 11 2011 Regular Meeting Minutes304 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 11, 2011, at 6:30 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 Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; and Gene E. Fisher. ABSENT Christopher E. Collins and Gary A. Lofton (Arrived at 6:45 P.M.). Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board convened in closed session pursuant to VA Code Section 2.2 -3711 A (7) for consultation with legal counsel regarding litigation matters, County of Frederick Virginia v Town Council of the Town of Stephens City, Virginia currently pending in the Frederick County Circuit Court, requiring the provision of legal advice by counsel and where such consultation and/or briefing in open meeting would adversely affect the negotiating or litigating posture of the county. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Absent (Supervisor Lofton arrived at 6:45 p.m.) BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board certified that to the best of each board member's knowledge the Board discussed only legal matters, pursuant to Section 2.2 -3711 A (7) for consultation with legal counsel, specifically, Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 305 litigation matters, County of Frederick, Virginia v. Town Council of the Town of Stephens City, Virg currently pending in the Frederick County Circuit Court, requiring the provision of legal advice by counsel and where such consultation and/or briefing in open meeting would adversely affect the negotiating or litigating posture of the county. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye RECESS Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board recessed until 7:15 p.m. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CALL TO ORDER Chairman 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 there were no additions to the agenda. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 306 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, 2011 — Tab Q - Lake Holiday Dam Working Group Report — Tab F; and - Joint Finance Committee Report — Tab G. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove 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 DeHaven, seconded by Supervisor Dove, the Board approved the minutes from the April 27, 2011 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN MARKER, DAN MARTIN, AND SUE ROBINSON TO THE WINCHESTER- FREDERICK COUNTY TOURISM BOARD - APPu( vrn Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board reappointed John Marker, Dan Martin, and Sue Robinson to the Winchester- Frederick County Tourism Board. This is a three year appointment, terms will expire June 30, 2014. (Joint Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 307 Appointment with the City of Winchester.) The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye SET SCHEDULE FOR BOARD MEETINGS DURING SUMMER MONTHS AND FOR NOVEMBER AND DECEMBER, 2011 — APPROVED UNDER CONSENT AGENDA The Board canceled the following meetings during the summer months and holidays: June 8 th , July 13 August 24 October 26 November 23` and December 28 PERFORMANCE AGREEMENT AND RESOLUTION FOR EXPANSION OF MELNOR, INC. — (RESOLUTION #053 -11) - APPROVED Administrator Riley advised this was a request to approve a performance agreement and resolution for the expansion of Melnor, Inc. The company is proposing a $6.5 million capital expenditure and would retain 40 jobs with an average annual salary of $51,163. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the resolution and performance agreement for Melnor, Inc. WHEREAS, Melnor Inc. has made known its intent to expand its operation by making new taxable real estate and machinery and tools investments and retaining jobs; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester- Frederick County Economic Development Commission in 1995; and BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $90,000.00 to the Industrial Development Authority of Frederick County, Virginia from the Frederick County Economic Development Incentive Fund to assist in expanding the operation for Melnor Inc. in Frederick County, Virginia; and BE IT RESOLVED, that said funds are subject to an executed Performance Agreement outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. ADOPTED, this 1 I 1 day of May, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 80*0 Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM FREDERICK COUNTY SCHOOLS RE: SET PUBLIC HEARING DATE AND REIMBURSEMENT RESOLUTION FOR TRANSPORTATION FACILITY PROJECT — SENT FORWARD FOR PUBLIC HEARING Administrator Riley advised this was a request from the Frederick County School Board for a budget amendment in the FY2011 School Construction Fund in the amount of $15,205,000 for the new transportation facility. This request is in addition to the previously approved $2 million appropriated in January 2008 for the purchase of land and design of the facility, which brings the total project cost to $17,205,000. A public hearing on this request is being sought for the next board agenda. A reimbursement resolution will be considered at the same time as the budget hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board sent this request forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS LAKE HOLIDAY DAM WORKING GROUP — APPROVED UNDER CONSENT AGENDA The LHSD Dam Working Committee met in the Public Works Department Conference Room located on the 2 nd Floor of the 107 North Kent Street complex, on Tuesday, April 26, 2011 at 10:00 a.m. All members were present. No Items Require Board Action 1) VRA Bonds — Recommendation of Amount to be Financed — (Attachment #1) The Committee reached consensus on the final dollar amount to be financed for the spillway project. 2) Discussion Items - Timing of the access road and spillway project schedules were discussed. - The Committee discussed the implications of the lower lake level during construction. LHCC will need to make some internal policy decisions regarding boat use during the construction period. - Staff presented proposed answers to "Frequently Asked Questions" for input from the Committee. The FAQs, along with other relevant information on the spillway project, will be posted on a link made available from the County's website. Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 M IP There were no other items to come before the Committee and the meeting was adjourned. JOINT FINANCE COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Joint Finance Committee met on Wednesday, April 27, 2011 at 9:00 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Richard Shickle, Frederick County representative; Bill M. Ewing, Frederick County representative; Jeffrey Buettner, City of Winchester representative; and Art Major, City of Winchester representative. Others present were: John R. Riley, Jr., County Administrator; James O'Connor, City Manager; Mary Blowe, Finance Director, City of Winchester; and Cheryl Shiffler, Finance Director, Frederick County. Mr. Shickle called the meeting to order. ** *For Information Only * ** Election Of Chairman Richard Shickle was elected chairman of the Joint Finance Committee. Memorandum Of Understanding For Joint Projects The committee reviewed draft Memorandums of Understanding for joint projects. The proposed MOUs would supersede the existing resolution which governs the various city /county joint projects. Under the new proposal, each joint project would be governed by its own MOU. This would facilitate the ability to change or modify conditions, funding, terms, etc. The Committee had no issues with the proposed MOUs. Upon a motion by Mr. Buettner, seconded by Mr. Major, the Joint Finance Committee approved the MOUs for joint projects. The MOUs are being reviewed by the respective legal counsels and will be forwarded to the Board via the Finance Committee. In addition to the MOUs for joint projects, staff was directed to prepare an MOU to govern the Joint Finance Committee. This item will be sent to the Board in conjunction with other MOUs. Discussion Of Joint Ownership Of Court Services Building, 317 S. Cameron Street The committee discussed the future of the Court Services Building located at 317 S. Cameron Street. This building will be vacated around July 1. The City would like to pursue some type of process for disposal of this building. It was noted the City Council was going to recommend transfer of their ownership of the building to the City's Economic Development Authority for disposal of the property. It was noted that the County had obtained an appraisal of the building and would provide a copy to the City for their information. It was determined that the county administrator and city manager would continue to communicate to determine best and most efficient method for disposing of the facility. Other Business The committee discussed the status of the joint communications center. It was noted the county is not currently working on or considering any type of proposal. The committee discussed the possibility of consolidating water, sewer, and solid waste under the Frederick - Winchester Service Authority. It was noted that the city council will discuss this matter at an upcoming work session to begin vetting questions and concerns. Frederick County would like to be involved in these discussions while they are still in the early stages. It was suggested that the city council come up with their "concise vision" and share it with the board. This would allow them to have discussions in order to reach a consensus. There being no further business, the meeting was adjourned at 9:24 a.m. Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 310 PUBLIC HEARING 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: CHAIRMAN, $10,800; VICE - CHAIRMAN, $10,200; AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9,000 - APPROVED Administrator Riley advised it was the Board's policy to set its salaries for each fiscal year. The proposed salaries are $10,800 for Chairman; $10,200 for Vice - Chairman; and $9,000 for each other board member. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the ordinance setting the salaries of the Board of Supervisors for fiscal year 2011 -2012. BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for the fiscal year beginning July 1, 2011, 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 Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF THOMAS B. VANDEBERG — SHENANDOAH MIDSUMMER FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86- 3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD FRIDAY - SUNDAY, JUNE 24, 25, & 26, 2011 FROM 1:00 P.M. — 10:00 P.M. FRIDAY, JUNE 24; 9:00 — 10:00 P.M. SATURDAY, JUNE 25; AND 9:00 A.M. - 2.00 P.M. SUNDAY, JUNE 26, 2011, 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 a request for an outdoor festival permit by Thomas Vandeberg, pursuant to Chapter 86 of the Frederick County Code, for the Shenandoah Midsummer Festival. The event will be held Friday, June 24, 2011 through Sunday, June 26, 2011 on the grounds of the Battle of Cedar Creek Campground. Chairman Shickle convened the public hearing. Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 311 There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the outdoor festival permit for Thomas B. Vandeberg — Shenandoah Midsummer Festival. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMITS REQUEST OF GROVE'S WINCHESTER HARLEY- DAVIDSON, PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEE; FOR AN OUTDOOR FESTIVAL PERMITS FOR THE FOLLOWING: JUNE OPEN HOUSE — FESTIVAL TO BE HELD ON SATURDAY, JUNE 25, 2011, FROM 10:00 A.M. — 3:00 P.M.; BORN TO BE WILD PIG ROAST — FESTIVAL TO BE HELD ON SATURDAY, AUGUST 20, 2011, FROM 2:00 P.M. — 7:00 P.M. SEPTEMBER OPEN HOUSE — FESTIVAL TO BE HELD ON SATURDAY, SEPTEMBER 10, 2011, FROM 10:00 A.M. — 3:00 P.M. ALL EVENTS TO BE HELD ON THE GROUNDS OF WINCHESTER HARLEY- DAVIDSON, 140 INDEPENDENCE DRIVE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY BARBARA GROVE - APPROVED Administrator Riley advised this was an application for an outdoor festival permit for Grove's Winchester Harley- Davidson for three events. The events will take place on the grounds of Winchester - Harley Davidson. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved the outdoor festival permit for Grove's Winchester Harley Davidson. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 312 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #03 -11 FOR SHENANDOAH VALLEY FLEA MARKET, FOR AN OUTDOOR FLEA MARKET. THE PROPERTY IS LOCATED AT 3800 FRONT ROYAL PIKE (DOUBLE TOLLGATE), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 87 -3 -B AND 87 -3 -B1 IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit for an outdoor flea market. The property is located at 3800 Front Royal Pike in the Shawnee Magisterial District. This proposal would expand the existing Shenandoah Valley Flea Market. The proposal is located in the Route 277 Land Use Plan. The proposal will have 99,000 square feet of vendor area and one entrance on Route 277. The market will operate Friday through Sunday and on holidays. The Planning Commission recommended approval of this application with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 3. An engineered site plan shall be submitted to and approved by Frederick County, and all site plan improvements shall be implemented prior to operating the flea market. 4. Days of operations shall be limited to Friday through Sunday and holidays. 5. The use shall only have a single entrance onto a public road; that single entrance shall be onto Fairfax Pike (State Route 277). 6. No signage will be allowed on this site for this use. 7. Any expansion or change of use shall require a new Conditional Use Permit. Robert Light, attorney with Lawson and Silek, advised his client has reviewed the conditions and they have no objections. Supervisor Lofton asked about a turn lane on Route 277 because there is a lot of traffic on that road. Zoning Administrator Cheran responded that VDOT comments would be addressed at the site plan phase. They will also review the spacing requirements. Supervisor Lofton stated he would like to see VDOT address the concerns about a third lane on Route 277 because of the amount of traffic. Chairman Shickle convened the public hearing. There were no public comments. Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 313 Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board approved Conditional Use Permit #03 -11. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - CONDITIONAL US PERMIT #04 -11 FOR CHRISTOPHER DECANIO AND JANET DECANIO, SUBMITTED BY THOMAS MOORE LAWSON, ESQUIRE, FOR A COTTAGE OCCUPATION — COUNSELING. THE PROPERTY IS LOCATED AT 1445 SENSENY ROAD, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 54 -A- 133 IN THE RED BUD MAGISTERIAL DISTRICT. - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a cottage occupation — counseling office. The property is located at 1445 Senseny Road in the Red Bud Magisterial District. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant shall provide and delineate two (2) parking spaces for this use. 3. No signage allowed. 4. No more than eight (8) clients per day. 5. Any expansion or change of use shall require a new Conditional Use Permit. Ty Lawson, attorney with Lawson and Silek, appeared before the Board on behalf of the applicants. Supervisor Dove asked how the parking would be delineated. Mr. Lawson responded they will need to be asphalted. He noted the existing drive is gravel. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved Conditional Use Permit #04 -11. The above motion was approved by the following recorded vote: Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 314 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - REZONING #06 -09 OF JOR SPRINGS P ROPERTY TO REVISE PROFFERS ASSOCIATED WITH REZONING #10 -01 FOR 10.33 ACRES OF LAND ZONED B2 (GENERAL BUSINESS) DISTRICT WITH HISTORIC AREA (HA) OVERLAY ZONE. THIS REVISION IS INTENDED TO ADD PERMITTED USES ON THE SITE. THE PROPERTY IS LOCATED AT 1160 JORDAN SPRINGS ROAD AND FRONTS THE WEST SIDE OF JORDAN SPRINGS ROAD (ROUTE 664), AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 44 -A -294 AND 44- A -294A (PORTIONS OF) IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He advised this was a request to revise proffers on 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone to add permitted uses on the site. Director Lawrence noted there were zoning violations on this site and the proposed amendment was necessary to address those violations. He went on to say in March a court order was given to bring this item back to the Board of Supervisors for consideration. The proposed amendment would expand the permitted uses to include: - Eating and drinking places; - Exposition operations; - Theatrical producers and miscellaneous theatrical services; and - Museums as a secondary or accessory use. He noted the titles were consistent with the SIC Code. Director Lawrence reminded the Board that the County Code had also been amended to allow for an annual festival permit. He concluded by saying the proposed proffer was consistent with the proffer that was offered in August 2010. Chairman Shickle asked if this proffer amendment was the same as what would have been considered at the August 2010. Director Lawrence responded that was correct. Stephen Pettler, attorney with Harrison & Johnston, appeared before the Board on behalf of the applicant. He noted the parties were here by agreement as a result of litigation. He reviewed the history of this issue from the withdrawal of the rezoning application through the Board of Zoning Appeals' hearing and the county's appeal of that decision. He stated that Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 315 passage of this proposed proffer amendment would not be considered a change of use. He concluded by asking the Board to approve this proffer amendment. Supervisor DeHaven asked Mr. Pettler if he would agree with staff's determination that the descriptions meet the SIC Code. Mr. Pettler responded yes. Chairman Shickle asked if everything that was currently being done on the property covered by the proposed proffer amendment. Mr. Pettler responded yes. Director Lawrence responded that to staffs' knowledge, what is going on there would be covered by the proposed proffers. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved Rezoning #06 -09 for Jordan Springs. WHEREAS, Rezoning #06 -09 Proffer Revision of Jordan Springs Property, to revise the proffers associated with Rezoning #10 -01 for 10.33 acres of land zoned B2 (General Business) District with Historic Area (HA) Overlay Zone, was considered. The proffer revision, dated November 3, .2009 and revised May 14, 2010, is intended to add permitted uses on the site. The property is located at 1160 Jordan Springs Road and fronts the west side of Jordan Springs Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number 44 -A -294 and a portion of 44- A -294A. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 6, 2010 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisor held a public hearing on this rezoning on May 11, 2011; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning Rezoning #10 -01. The proffer revision is intended to add permitted uses on the site, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 1 Ith day of May, 2011 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 05/11/11 316 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Dody Stottlemyer, Opequon District, appeared before the Board. She thanked them for serving the citizens of Frederick County. She stated that she wanted to address the Board regarding the 2030 plan. She wanted to finalize plans for the Board to meet with the citizens who expressed concerns about the plan. She noted that those citizens who spoke against the plan spoke as individuals and not as members of a group. She reiterated the comments were offered as individuals. She concluded by distributing DVD's to the Board, which offered objections to the plan. BOARD OF SUPERVISORS COMMENTS Chairman Shickle stated that he and Mr. Riley would get together to work on the meeting plans. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:00 P.M.) Richard C. Shickle Chairman, Board of Supervisors I Z — JAW. RN Y, Jr. Clerk, Board of Supervisors Minutes Prepared By: ,, , �:: � Jay E. Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 05111/11