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June_12_2013_Agenda_Packet
CO w AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 12, 2013 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call To Order n�inr� +inn Pledge of Allegiance Adoption of Agenda Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda (Tentative Agenda Items for Consent are Tabs: F, G and N) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes (See Attached) 1. Regular Meeting, May 22, 2013. County Officials mu 1. Employee of the Month Awards. (See Attached) ----------------------------- - - - - -- B 2. Committee Appointments. (See Attached) -- -C 3. Request from Commissioner of the Revenue for Refunds. (See Attached) ------------------------------------------------------------------------- - - - - -- D AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 12, 2013 PAGE 2 4. Navy Federal Credit Union Resolution and Performance Agreement. (See Attached) ------------------------------------------------------------------------- - - - - -- E Committee Reports 1. Parks and Recreation Commission. (See Attached) ------------------------ - - - - -- F 2. Public Works Committee. (See Attached) -------------------------------------- - - - - -- G 3. Public Safety Committee. (See Attached) -------------------------------------- - - - - -- H 4. Technology Committee. (See Attached) ---------------------------------------- - - - - -- 5. Development Impact Model Oversight Committee. (See Attached) ----- - - - - -- J Planning Commission Business Public Hearing 1. Rezoning #02 -13 of Fairfax Pike /VDOT Lane Commercial, Submitted by Greenway Engineering, to Rezone 3.61 Acres from B1 (Neighborhood - Business) District to B2 (General Business) District with Proffers. The Properties are Located on the North Side of Fairfax Pike (Route 277) Adjacent to VDOT Lane (Route 1018), Approximately 1 /2 Mile East of Interstate 81 Exit 307, and are Identified by Property Identification Numbers 86 -A -14 and 86 -A -15 in the Opequon Magisterial District. (See Attached) - K Other Planning Items 1. Discussion — Temporary Family Health Care Structures. (See Attached) ------------------------------------------------------------------------- - - - - -- L 2. Discussion — Rural Preservation Lot Requirements. (See Attached) --- - - - - -- M 3. Road Resolution — Southern Hills Stickley Drive Extension. (See Attached) ------------------------------------------------------------------------- - - - - -- N 4. Memorandum Requesting to Schedule a Work Session. (See Attached) - -- O Board Liaison Reports (If Any) AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 12, 2013 PAGE 3 Citizen Comments Board of Supervisors Comments Adjourn }^-�. FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING May 22, 2013 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 22, 2013 at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Robert A. Hess; and Gary A. Lofton CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Collins 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 to the agenda. Upon a motion by Supervisor DeHaven, seconded by Vice- Chairman Ewing, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Transportation Committee Report — Tab F. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS John Capehart, Chairman of Our Health, appeared before the Board regarding proposed reductions in County funding. He began by thanking the Board and the County for supporting Our Health since 1999. He noted the Board became a large supporter both morally and financially and this support allowed the program to grow and prosper. He went on to say that Our Health partners with other agencies to improve health outreach. There are 16 agencies on the main campus serving 30,000 people. He went on to say that Our Health subsidizes the rents paid by the agencies. He advised that Frederick County provides $21,000 in support and these funds do not go for operations. He stated Our Health is strongly affiliated with Valley Health and they believe we provide an invaluable service for the community. He concluded by saying having the collaboration of local government and non - profit health agencies is a good thing and he asked the Board to restore funding. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board 2 approved the minutes from the May 8, 2013 meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF SCOT MARSH TO THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board appointed Scot Marsh to the Russell 150 Community Development Authority. This is a four year appointment. Term expires March 1, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye APPOINTMENT OF REBECCA EBERT, BILL HOTTEL, AND SHARON FARINHOLT TO THE WINCHESTER-FREDERICK COUNTY CONVENTION ' ND VISITORS BUREAU (TOURISM BOARD) - APPROVED „(, , , Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the appointment of Rebecca Ebert, Bill Hottel, and Sharon Farinholt to the Winchester - Frederick County Convention and Visitors' Bureau (Tourism Board). This is a three year appointment. Term expires June 30, 2016. The above motion was approved by the following recorded vote; 3 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF LYNN SCHMITT TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board reappointed Lynn Schmitt to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment. Term expires July 13, 2015. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye MEMO AND RESOLUTION RE: RESIGNATION OF OPEQUON DISTRICT SUPERVISOR — PETITION FOR SPECIAL ELECTION - APPROVED Administrator Riley advised this was a request for the Board to authorize the county attorney to file a Petition of Special Election due to the resignation of the Opequon District Supervisor. The effective date of the resignation is May 28, 2013. Vice - Chairman Ewing advised that he would abstain from consideration of this item. Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board approved the resolution authorizing the county attorney to file a Petition of Special Election to fill the vacancy in the office of Opequon District representative to the Board of Supervisors. WHEREAS, Bill M. Ewing has submitted his resignation as Opequon District representative to the Board of Supervisors, effective May 28, 2013; and L WHEREAS, Virginia Code 424.2 - 226 (A) requires the Board of Supervisors to file with the Circuit Court a petition for a writ of election to fill the vacancy in the office of Opequon District representative to Board of Supervisors within 15 days of the vacancy; and WHEREAS, state law permits the Circuit Court to schedule such election concurrent with the general election already scheduled for November 5, 2013; and WHEREAS, the Circuit Court has previously scheduled a separate vacancy in the office of the Gainesboro District representative to the Board of Supervisors, to be filled by a special election concurrent with the general election already for November 5, 2013; and WHEREAS, state law provides for the office of Opequon District representative to Board of Supervisors to be filled on an interim basis until his successor is elected and qualified and had taken the oath of office. NOW, THEREFORE, BE IT RESOLVED, that the Board authorizes the County Attorney, as soon as possible following the effective date of the Opequon District vacancy, to file with the Circuit Court a petition seeking issuance to a writ of election, to fill the vacancy in the office of the Opequon District representative to Board of Supervisors, such election to occur on November 5, 2013, concurrent with the general election that same day, or on such other date as the Circuit Court may find just and proper. ADOPTED this 22 day of May, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Abstain Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS HUMAN RESOURCES - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, May 10, 2013 at 8:00 a.m. Committee members present were: Supervisor Robert Hess, Supervisor Bill Ewing, Citizen Member Dorrie Greene, and Citizen Member Beth Lewin. Committee members absent were: Supervisor Chris Collins and Citizen Member Barbara Vance. Also present were: Assistant County Administrator Kris Tierney, County Attorney Rod Williams, Fire and Rescue Chief Dennis Linaburg, Deputy Chief Larry Oliver, Emergency Management Coordinator Chester Lauck, and DSS Administrative Manager Delsie Butts. 5 ** *Items Requiring Action * ** 1. Adoption of updated HR policies. - APPROVED The Committee recommends adoption of the amended HR policies: a. Harassment/Sexual Harassment Policy b. Drug and Alcohol Free Workplace Policy c. Workplace Violence Policy Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the policy amendments by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 2. Creation of the EMS Billing Manager position within the Fire & Rescue Department. - APPROVED The Committee recommends the creation of the EMS Billing Manager position within the Fire & Rescue department. This is a new position within the County and will require the Board of Supervisor's approval to create it. Once approved, staff can begin the process of researching the appropriate class, range, and salary that will support the goals of the County with the EMS Expense Recovery Program. Once these position items are researched, the Committee will review and recommend salary and benefit details involved with the position. Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the creation of the position of EMS Billing Manager within the Fire & Rescue Department. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye G1 ** *Items Not Requiring Action * ** 1. The annual review of the HR Committee Charter. As a requirement of the HR Committee Charter, the Committee reviewed and reassessed the adequacy of the Charter. The Committee decided to maintain the current charter, but utilize it as a. means to schedule topics and discussions for each meeting. The HR Director was tasked with drafting an annual schedule that will enable the Committee to enforce the purpose of the charter and be proactive on the responsibilities of the Committee. Additionally, the HR Director was tasked with, at the next meeting, providing an overview of the County's benefit programs and a list of the Unclassified Positions within the Compensation Plan. 2. Discussion of future meeting days and times. The Committee decided to maintain the current schedule for monthly meetings, the first Friday of each month at 5 :00 a.m. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, June 7, 2013. FINANCE COMMITTEE - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, May 15, 2013 at 5:00 a.m. Member Richard Shickle was absent. Items 1, 2, 4, and 6 were approved on consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,820 This amount represents DARE donations. No local funds required. See attached memo, p. 4 -5. — APPROVED UNDER CONSENT AGENDA 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $500 1A This amount represents funds received for firing range use. No local funds required. See attached information, p. 6. — APPROVED UNDER CONSENT AGENDA 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $ 25,000 to cover overtime incurred through year end. See attached memo, p. 7. The committee recommends approval. — APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. The Department of Social Services requests a net General Fund reduction appropriation in the amount of $352,416 of which all is State/Federal dollars. See attached information, p. 8-9. -- APPROVED UNDER CONSENT AGENDA 5, The Fire & Rescue Chief requests a General Fund supplemental appropriation in the amount of $14,834.61 This amount represents revenues collected in excess of budgeted amounts and will be used for overtime expenses through year end. No local funds required. See attached memo, p. 10. The committee recommends approval. — APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 6. The Fire & Rescue Chief requests a General Fund supplemental ap rroopriation in the amount of $200 This amount represents a donation to the department. See attached memo, p. 11. — APPROVED UNDER CONSENT AGENDA 7. The Fire & Rescue Chief requests the use of proffer funds and a General Fund supplemental gppropriation in the amount of $15,000 for station renovation and HVAC replacement at Clear Brook Fire Company. See attached memo, p. 12. The approved Proffer Policy is provided, see attached, p. 13. The committee recommends approval with the County providing procurement oversight and administration. — APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 8. The Fire & Rescue Chief requests a change order to PO 21448 in the amount of $875 for additional tile work. Procurement policy states that a change order that exceeds the original purchase order by more than 10% must be approved by the Board of Supervisors. See attached memo, p. 14. The committee recommends approval. — APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E, Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 9. Outside agency contribution and Parks & Rec co- sponsorship information are provided for continued discussion. See attached information, p. 15 -23. The committee recommends FY 2014 elimination of the contribution to Our Health and a reduction of the contribution to the Shenandoah Valley Discovery Museum to $5,000. The committee will review all non - discretionary outside agency contributions for potential adjustments to the FY 2015 contributions. — REFERRED BACK TO COMMITTEE WITH NO FUNDS TO BE DISBURSED UNTIL COMMITTEE REVIEW HAS TAKEN PLACE Vice - Chairman Ewing moved to approve the committee's recommendation. The motion died due to the lack of a second. 0 Supervisor DeHaven moved to refer this item back to the Finance Committee to allow the discretionary outside agencies to present their case before a final decision is made. The motion was seconded by Supervisor Collins. Supervisor Lofton stated the Board had kicked this can down the road many times. He went on to say he thought the Board was taking action this year. He went on to say if the Board does not have the will to do something this fiscal year "we" will not have the will in any fiscal year. He concluded by saying he did not mind referring this back to the committee, but he did not want to see any funds disbursed until that is accomplished. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board amended the original motion to include the provision that no funds will be disbursed until the committee review has taken place. Supervisor Hess advised there were a lot of worthy organizations on this list, but we need to re- examine them in light of today's conditions. He concluded by saying it would behoove us to ensure we give them enough notice. Supervisor Lofton stated we are not taking anyone's lifeline away by removing funding. He went on to say not all agencies were being cut. Supervisor Fisher stated he would like to know how the funds are being used and what services would be cut if the funding was not there. Supervisor Collins stated he did not see any commentary regarding why the agencies were proposed to be cut. He went on to say the lack of information concerned him, There being no further discussion, the amendment to the motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye 10 Christopher E. Collins Aye Charles S, DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye The amended motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 10. The County Administrator provides the 2011 Frederick County Fire & Rescue Companies Audit Findings and Recommendations and requests discussion and recommendations. See attached information, p. 24. The committee recommends that each company submit a corrective action plan prior to the next scheduled donation disbursement in August 2013. 11. The County Attorney presented information on the amendment to the special assessment roll approved by the Russell 150 Community Development Authority. See attached information, p, 2531. No action required. -- APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board accepted the Term Sheet, identified as Exhibit "A" of the Municap, Inc. memorandum dated March 13, 2013 and authorized the County Administrator to sign same, on behalf of Frederick County. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Christopher E. Collins Charles S. DeHaven, Jr. Robert A. Hess Gene E. Fisher Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye INFORMATION ONLY 11 The Finance Director provides a Fund 10 Transfer report for April 2013. See attached, p. 32. 2. The Finance Director provides 4130113 financial statements. See attached, p. 33 -43. 3. The Finance Director provides 5114113 General Fund fund balance report. See attached, p. 44. TRANSPORTATION COMMITTEE _ APPROVED UNDER CONSENT AGENDA The Transportation Committee met on April 22, 2013 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gene Fisher (voting) Christopher Collins (voting) James Racey (voting) Bryon Grigsby (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mary Davis (liaison Middletown) ** *Items Requiring Action * ** None ** *Items Not Requiring Action * ** 1. Interstate, Primary, and Secondary Road Plan Updates The Committee reviewed this item and has recommended approval to the Board of Supervisors. This will appear as an independent item on the Board agenda because it is a public hearing item. 2. Wakeland Manor Sign Request The County Administrator's office has forwarded a request from the Wakeland Manor Home Owners' Association for Children at Play signs in their neighborhood. A total of ten signs are requested. Under VDOT's new policy, these signs would be installed and maintained by Frederick County. Cost is expected to be $300 -$400 per sign. As the Committee considers this request, staff would note that Children at Play signs in residential areas are most appropriate around recreation areas, as opposed to more general coverage. The Committee reviewed this item and had concerns regarding placement and volume of 12 signs. In addition, due to the fact that the County would be responsible for installation and maintenance, they have asked staff to come up with a review process and fee structure for dealing with these requests and their associated costs. 3. No Parking Request in Redbud Run Mr. Robert Pageant of the Red Bud Run Subdivision has contacted VDOT and staff to request that no parking be allowed in the vicinity of the following intersections. Morlyn Drive and Morgan Mill Road MacKenzie Lane and Woods Mill Road The roadways in question are public streets and, should the County request a parking restriction, VDOT will consider it. The Committee considered this item and determined that they did not feel a recommendation that the Board request a parking restriction of VDOT was warranted. 4. Apple Pie Ridge Road Mr. Greg Hewitt has contacted staff regarding speed limits on Apple Pie Ridge Road, His concern is with the differing speed limits for trucks and passenger vehicles. He feels that the discrepancy creates driver frustration on the part of the passenger vehicle and leads to unsafe passing and accidents. He is particularly concerned by the number of drivers that are teenagers, due to the close proximity of James Wood High School. Staff would note that VDOT has recently conducted a speed study and enacted speed limit changes along Apple Pie Ridge Road. If changes were enacted to eliminate the difference in speeds, it would likely be to lower the overall limit to the current truck limit. The Committee reviewed this item. The discussion noted that conversations were had with VDOT at the time the speed limits were adjusted. The Committee determined that further interaction with VDOT regarding the speeds on this roadway was not warranted at this time. PLANNING COMMISSION BUSINESS DRAFT UPDATE OF THE 20132014 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS — THE PRIMARY AND INTERSTATE IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. COMMENTS FROM THE TRANSPORTATION COMMITTEE WILL BE FORWARDED TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS. ULTIMATELY THE PRIORITIES ADOPTED BY THE BOARD OF SUPERVISORS WILL BE FORWARDED TO THE COMMONWEALTH TRANSPORTATION BOARD 13 FOR CONSIDERATION. THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK, VIRGINIA, IN ACCORDANCE WITH SECTION 33.1 -70.01 OF THE CODE OF P7RGINI4, WILL CONDUCT A JOINT PUBLI C HEARING. THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SECONDARY ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2014 THROUGH 2014 IN FREDERICK COUNTY AND ON THE SECONDARY ROAD SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2014. COPIES OF THE PROPOSED PLAN AND BUDGET MAY BE REVIEWED AT THE EDINBURG OFFICE OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION, LOCATED AT 14031 OLD VALLEY PIKE, _ EDINBURG, VIRGINIA OR AT THE FREDERICK COUNTY OFFICES LOCATED AT 107 NORTH KENT STREET WINCHESTER VIRGINIA. ALL PROJECTS IN THE SECONDARY ROAD IMPROVEMENT PLAN THAT ARE ELIGIBLE FOR FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PLAN (STIP), WHICH DOCUMENTS HOW VIRGINIA WILL OBLIGATE FEDERAL TRANSPORTATION FUNDS. PERSONS REQUIRING SPECIAL ASSISTANCE TO ATTEND AND PARTICIPATE IN THIS HEARING SHOULD CONTACT THE VIRGINIA DEPARTMENT OF TRANSPORTATION AT 1 -800- 367 -7623. - APPROVED Deputy Director of Planning — Transportation John Bishop appeared before the Board regarding this item. He advised this was the annual update to the Interstate, Primary, and Secondary Road Plans. He noted the Board is only required to adopt the Secondary Road Plan; however, they may choose to adopt the Primary and Interstate plans as well. With regard to the Interstate Plan, there have been few changes since last year. The priorities were as follows: Exit 310 improvements; Relocation of 307 interchange; and Widening of I -81. Route 37 remains the number one priority for the Primary Plan. Deputy Director Bishop briefly reviewed the Secondary and Hardsurface Road projects. With regard to hard surface, he noted the priorities were as follows: - Woodside Road - Warm Springs Road; 14 Woodside Road; Wright Road; Carters Lane; - Pack Horse Road; and - Laurel Grove. He noted General Assembly action created more funds for hardsurface projects; however, a minimum trip requirement was added to the criteria. He went on to say the County had to deviate from its existing policy because of this new State Code requirement. He concluded by saying there were 21 projects on the unscheduled list. Supervisor Lofton asked if VDOT would consider an intermediate set between gravel and pavement, which would maximize the available dollars. Deputy Director Bishop responded that VDOT has the rural rustic designation, but he did not know if the option proposed had been considered by VDOT or was allowed. Supervisor Hess asked about Woods Mill Road being out of order. Deputy Director Bishop responded that if staff has direction from the Board then it would be promoted to first. Supervisor Hess noted the majority of the rural rustic roads are contained in the Gainesboro and Back Creek Districts, but only two of those being rescheduled are from Gainesboro. He went on to say I 1 are on the unscheduled list. He noted that a constituent had contacted him to advise that VDOT comes out to his road twice a year to grade, clear culverts, etc. The individual felt so much money is spent on grading and clearing that hard surfacing would be a better solution. Vice - Chairman Ewing asked if the changes in the rankings list were made because VDOT changed the criteria regarding traffic count. Deputy Director Bishop stated all of the roads were still ranked, but some were skipped 15 over because they did not meet the 200 vehicle trip count established by the General Assembly. Vice- Chairman Ewing stated "we need to have our State representatives review this." Chairman Shickle asked about right of way acquisition for future projects. Deputy Director Bishop responded we formerly had an extensive acquisition list, but now most of the rights of way are prescriptive. He concluded by saying VDOT maintains the list, not Frederick County. Chairman Shickle convened the public hearing. Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle, Members of the Board, Administrator Riley: I was able to review the Transportation Plans on the agenda for this evening's meeting. While all of us are paying higher Property Taxes in the County, we will very soon be feeling the sting of the General Assembly Transportation Tax. One of the largest Tax increases in Virginia History pushed thru in large part by Frederick County Delegate Beverly Sherwood. In the aggregate, very few of these dollars will make it back to our County. However, I do believe our Transportation Committee & Planning Commission did good work in updating the Secondary Road Improvement Plan. I especially appreciate the objective criteria laid out in the Road Improvement Rating System Policy & your adherence to this. My initial concern was how public safety considerations are incorporated into the planning. I was glad to see the category of accidents included in the criteria. We all drive by small crosses on roads everyday. Our transportation planning process should always strive to reduce them. While there have been no deaths on my immediate neighborhood secondary roads we have had several accidents on Warm Springs Road. I was glad to see it on the list but wonder if it is paved, if more folks won't drive faster. WHO KNOWS I also see that School bus travel is a criteria. This is another important aspect in planning & thank the committee for including it. I appreciate the work that went into this update & especially how quickly it was accomplished. Thank you for the opportunity to address the board. " He also thanked Deputy Director Bishop for his work on the plan. There being no further comments, Chairman Shickle closed the public hearing, Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board 16 approved the updates to the 2013 -2014 Interstate, Primary, and Secondary Road Plans. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Vice - Chairman Ewing stated the Board needed to have its State representatives review the criteria change. Supervisor DeHaven noted a lot of rural localities probably had roads that could not reach the 200 vehicle trip threshold. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board directed the county administrator to draft a letter for the chairman's signature requesting our senator and delegates revisit/reconsider the changes to the criteria concerning unpaved roads. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS Supervisor Lofton noted that he and Vice - Chairman Ewing had been working with the Town of Middletown regarding the proposed boundary line adjustment. He went on to say this process has drug on because of resignations, opposition, and elections. He stated he would like to see the town council unified in its decision to pursue the boundary line adjustment. 17 Supervisor Lofton moved to cease negotiations with the Town of Middletown until the Board sees that dialogue regarding this topic will be productive. The motion was seconded by Vice - Chairman Ewing. Chairman Shickle asked for clarification as to what the Board wanted the Town to do regarding this topic. He asked if it would be sufficient for the Town to provide the Board with a resolution. Supervisor Lofton stated a resolution from the Town Council recommending that negotiations should continue and why would be sufficient. Vice - Chairman Ewing agreed that any request from the Town should come back to the full board to see if it should move forward. Supervisor Lofton and Vice - Chairman Ewing withdrew the motion and second. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board directed the County Administrator to draft a letter to the Town seeking the Council's position regarding the furtherance of discussions of the proposed boundary line adjustment. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Charlie Gardner, Stonewall District, stated that since August 2012 he had been contacting John Trenary, Mark Cheran, and the Health Department regarding the property located next door to him. He stated a "gentleman" has been living in the garage for some time. it] Mr. Gardner stated county staff only comes by during work hours to check on this issue and they were told this person does projects for the owner at night. He went on to say he was exhausted as to what to do. He noted he would be speaking with Commonwealth's Attorney Ross Spicer next Wednesday. He concluded by saying the garage is not permitted for someone to live in and he needs the Board to help him with this. Chairman Shickle advised that Administrator Riley would give a staff report to the Board and would follow up. Bill Dodson, Opequon District, thanked Supervisor Ewing for being a fine Supervisor for the Opequon District. He thanked him for the excellent job all of these years. He went on to say they had debated each other on many issues regarding the county and state and found that you do not have to be disagreeable to disagree. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton thanked Supervisor Ewing for his service to the Board of Supervisors and the citizens of Frederick County. Through his conduct, demeanor, and execution of duties, the citizens could not have been better served. He concluded by thanking Supervisor Ewing for mentoring him during his early years on the Board, Supervisor DeHaven stated it was an honor and a privilege to serve with Supervisor Ewing. He went on to say the citizens and the Board have been well served. Supervisor Fisher thanked Supervisor Ewing for his service. Supervisor Collins expressed the same sentiments. He went on to say it was good to have Supervisor Ewing show him the way and he will be missed. Supervisor Hess stated he had been impressed watching Supervisor Ewing handle himself on the Board. He appreciated his attention to detail and noted Supervisor Ewing had been a real 19 help to him. Chairman Shickle stated he had asked Supervisor Ewing to provide leadership and establish vision and direction on the Finance Committee and he had done just that. He noted that he would be losing a friend on the Board and wished him the best. Vice - Chairman Ewing expressed appreciation for the comments. He thanked Administrator Riley and county staff for their assistance over the years and their work on the budget. He appreciated the support shown by the other members of the Board. He thanked the citizens of the Opeduon District for their support and confidence. He thanked his wife Jeanette for her support during his nine and a half years on the Board. He concluded by challenging the Board to move the County offices into the county, if the PPEA proposal is found to be financially feasible. A "1"ITD1V UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:27 P.M.) 20 County of Frederick Paula A. Nofsinger Director of Human Resources (540) 665 -5668 Fax: (540) 6655669 pnofsing @co.frederick.va.us TO: Board of Supervisors FROM: Paula Nofsinger, Director of Human Resources DATE: June 7, 2013 SUBJECT: Human Resources Committee Report * ** Items Requiring Action * ** 1. Approval of the Employee of the Month Awards. The Committee recommends Employee of the Month awards for Cory Smith, May 2013; and for Jonathan Turkel, June 2013. These two employees worked together on a project and the Committee recommends they be recognized together during the June Board meeting. Respectfully Submitted, Human Resources Committee Robert Hess, Chairman Chris Collins Dorrie Greene Beth Lewin Barbara Vance By: 1 V-' Paula A. Nofsinger Director of Human Lources 107 Borth Kent Street, Winchester, VA 22601 En tployee of the Month Resoh - ttion A w8id ed to. Cory R. Smith WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a, most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Cory R Smith who serves the Frederick County Parks and Recreation Department was nominated for Employee of the Month; and, WHEREAS, Coy R Smith is being awarded for his loyalty and commitment to his position as Sherando Park Manager. Cory led the Parks and Recreation Department's development of a new park facility at Sherando Park.. After months of researching standards on trail design, maintonance, and risk management, the project fora new trail began in August 2012. Cory led a group of twenty -six volunteers in twelve Thursday night work sessions to complete the construction of a half mile section of the new trail. Cory's commitment to the leadership of this project has provided the residents of Frederick County with another quality recreation faci Lity that officially opened March 2013. Cory is tio be commended for his initiative and dedication NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Super visors this 12" day of Jrume, 2013, that Cory R. Smith is hereby recognized as the I - Ptlerick County Employee of the Month for May 2013; and, BE IT FIJRTITER RESOLVED that the Board of Supervisors extends gratitude to Cory lw Smith for his outstanding performance and dedicated service and wishes him continued success in Nbur. endeavors, and, BE IT FURTHER RESOLVED, that Corry R Smith is hereby entitled to all of the rights and privilt associated with his award. County of Frederick, VA Board of Supervisors - - - - -- Richard C. Shickle, Chairman 1 1: i IU . I I IIII ' If�r ld i i ........ O 4-4 e 9 O ON 6V-4 1 4� O ti ....... ..... - . ... .. ... ....... - o I l!'�'illl 11111�'�M �� {P � Vii' 911 Iln IIIIIuIILllll�llll' IIiIIIIIIIVIIIICIIII�IIIII�IIIViIHII 'Iliilldbllllfllll o Employee of the Month Resolution A warded tom.• Jonathan M. Turkel WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource, and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WIiEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WIIEREAS, Jonathan At Turkel who serves the Frederick County Parks and Recreation Department was nominated for Employee of the Month; and, WHEREAS, Jonathan M. Tuurkel is being awarded for his loyalty and commitment to his position as .Park and Stewardship Planner. Jonathan led the Parks and Recreation Department's development of a new park facility at, Sherando Park. After months of researching standards on trail design, maintenance, and risk management the project for a new trail began in August P.012. Jonathan led a group of twenty -six volunteers in twelve Thursday night work sessions to complete. the construction of a half mile section of the new trail. Jonathan's commitment to the leadership of this project has provided the residents of Frederick County with another quality recreation facility that officially opened March 2013. Jonathan is to be commended for his initiative and dedication. NOW, THEREFORE BE IT RESOLVED, by the Frederick (Vanty Board of Supervisors this 12 day of June, 2013, that Jonathan M. Turkel is hereby recognized as the Frederick County Employee of the Month for June 2013; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Jonathan M. Turkel for his outstanding performance and dedicated service and wishes him continued success in future, endeavors; and, BE IT FURTIIER RESOLVED, that Jonathan M. Turkel is hereby entitled to all of the rights and privileges associated with his award. County of Frederick, VA Board of Supervisors Richard C. Shickle, Chairman C V C3 Qlzt O OQ I t , O� 0Q V 4 R _O 0) C3 ZV � C `N N � N .o ' N 0 N 'H `F O m �a M M-4 'N ) v 0 1111 +91!�Ii lIP 91h IIRi ill illll =11111 II�I�II iIn1111111�R' llhu11��111161�II�III�IIVINIIII0I�I�IPIh�11191R111 0 COUNTY of FREDERICK John R. Riley, Jr County Administrator 5401665 -5666 ` .B x ; Fax 5401667 -0370 E -mail: TO: Board of Supervisors jriley@co.frederick.va.us FROM: John R. Riley, Jr., County Administr r DATE: June 6, 2013 RE: Committee Appointments Listed below are the vacancies /appointments due through September, 2013. As a reminder, in order for everyone to have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. VACANCIES /OTHER Historic Resources Advisory Board Robert Hess — Gainesboro District Representative 348 Peeper Lane Winchester, VA 22603 Home: (540)662 -0462 Term Expires: 05/27/13 Four year term (See Attached Application of Mr. David O'Neil) Parks and Recreation Commission Ron Hodgson — Stonewall District Representative Sportsplex 221 Commonwealth Court Winchester, VA 22602 Office: (540)868 -2200 Term Expires: 06/23/14 Four year term (Mr. Hodgson has resigned). (See Attached Resignation) 107 North Kent Street • Winchester, Virginia 22601 Memorandum - Board of Supervisors June 6, 2013 Page 2 Planning Commission (Mr. Crosen does not want to be reappointed..) Shenandoah Area A enc on Agin David M: Ziegler — Frederick County Representative 120 Boydton Plank Drive Stephens C. ity; VA 2265.5 Home: (540)868 -8784 Term Expires: 09/30114 (See Attached Application of Mr. Thomas P. Reed) (Mr. Ziegler has resigned effective May 18, 2013). (See Attached Resignation) ,DUNE 2013 Social Services Board Lorene Carter Gainesboro District Representative 141 Upper Ridge Road Winchester, VA 22603 Home: (540)535 -2236 Term Expires: 06/30/13 Four year term (See Attached Application of Mr. Frank Heisey) (Ms. Carter has served two terms and is not eligible for reappointment) AUGUST & SEPTEMBER 2013 Todd B. Lodge -- County Representative 3390 Apple Pie Ridge Road Winchester, VA 22603 Home: (540)662 -5488 Term Expires: 08/24/13 Memorandum — Board of Supervisors June 6, 2013 Page 3 Three year term John R. Marker — County Representative 3035 Cedar Creek Grade Winchester, VA 22603 Home: (540 Term Expires: 09126/13 JRRltjp Attachments U:1TJ Pl committeeappointment sl MemoslBoardCommitteeAppts (061213Mtg).docx INFORMATIONAL. DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS o ,wr �S �,��Nc� 6020 District Supervisor, would like to nominate you to serve on the ,P€ .T 40_ Y AQ4 As a brief personal introduction to the other Board members, please fill out the information requested below for their review prior to filling the appointment. (Please Print Clearly. Thank You,) Name: Z>Ay' b 6 '(\IeI Home Phone: SVO ._ Address: /61 11,4 1 0 rt _1 Office Phone-. "76 S5I 965 Fax: Employer: % ��C &C . Email: 7 Occupation: dr. S Civic)Community Activities: ,970a5 of CorvF�D•Q� �T -S .��m Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes: -_ No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No: �_ Explain: Additional Information Or Comments Yon Would Like To Provide (If you need more space, please use the reverse side or include additional sheets): Q fG Applicant's Signature: �7� Date: _u,�� .70/ David P. O'Neil graduated from the United States Naval Academy (1985, B.S. Naval Architecture) and the Old Dominion University (2004, M.E. Systems Engineering). He authored "Rapid Deployment Digital Satellite Communications" (1992, IEEE Communications Magazine) and has authored and developed curriculum for Marine Corps University's Command and Control Systems School, Command and Staff College and Expeditionary Warfare School. A USMC veteran of the First Gulf War, he was an instructor at Marine Corps University before moving into the Intelligence Community to work as a Systems Engineer for Lockheed Martin and Northrop Grumman. He is currently a Chief Systems Engineer for TASC, Inc. Mr. O'Neil has an extensive background in private historical research on American history of the colonial era through the nineteenth century. His ancestor, William Moore, was a signer & investor of the second Charter of the Virginia Company of London in 1609, He descends and relates to a number of prominent and historical Virginia families including the Crawfords, Walkers, Randoiphs, Lees, Thorntons and others, Mr. O'Neil is also descended from Ligulf of Aldithley of the Audley - Stanley family and from the Earl of Derby. His Stanley ancestors settled in Virginia in the 1680's and as Quakers were outspoken pacifists. One ancestral grandfather, William Stanley was held in prison in Winchester, Virginia for preaching against taking up arms in the Seven Years' War. Mr. O'Neil has an excellent working knowledge of colonial and early Virginia history including the war periods for the Seven Years' War and War Between the States, and has helped lecture and instruct staff rides for Marine Corps University for the Valley and Gettysburg campaigns. Mr. O'Neil has lectured on historical military topics and their application to warfare doctrine at Marine Corps University in Quantico, Virginia and at the National Ground Intelligence Center in Charlottesville, Virginia, Mr. O'Neil also has an excellent working knowledge of local history in the Frederick County region, and has produced maps of movements and fortifications during the War Between the States. NTY of FREDERICK Parks acid Recreation Dcpartnicnt 540 - 665 -5678 FAX: 540 -665 -9687 NVIm.furd.nct c -mail: fcprd0 lain mce To: John R. Riley, Jr., County Aqn,10strator From: Jason Robertson, Director Subject: Resignation of Parks and a eation Commission Member Date: May 24, 2013 Attached you will find Ron Hodgson's resignation from the Parks and Recreation Commission effective May 24, 2013. Ron's service was appreciated by the Parks and Recreation Department. Please be advised according to the Parks and Recreation Commission bylaws, this vacancy needs to be reported to the Board of 5upervisors and a new Parks and Recreation Commission representative from the 5tonewall District will need to be appointed. l am available to provide any assistance if needed in this process. 107 North Kent Street Winchester, VA 22601 Jax Tibbs gym: John Riley Tuesday, May 28, 2013 9:47 AM 10.1 jtibbs @co.frederick.va.us Subject: F1N: Attachments: COMMISSION RESIGNATION.pdf - - - -- Original Message---- - From: Jason Robertson Sent: Friday, May 24, 2013 4:21 PM To: John Riley Subject: FW: John Attached is a memo regarding Ron Hodgson's resignation from below. Please let me know if you need anything else. Jason - - - -- Original Message---- - From: Ron Hodgson [ mailto:ron@sportsplex.us ] Sent: Friday, May 24, 2013 11 :57 AM To: Jason Robertson Subject: ion Roberts May 24, 2013 Due to conflicting schedules, it is impossible for me to fulfill my duties on the commission. Therefore please accept my resignation on the commission. Ron Hodgson 1 Thomas P. Reed 113 Canyon Road Winchester, Virginia 22602 540 -722 -8880 evening — 301 -814 -0060 cell Summary Y 2013 r� J'w .i JJt� Ccg .- mss;— �,��Si`?"�p.� � � � _ A precise, detail- oriented professional with more than thirty -five years operational and financial experience in marketing, sales, and management. Self- directed and self - motivated achiever with extensive organizational skills. Professional Experience President/CE0, Encore Electronic Services Cooperative 1991 -2010 (retired) Chief Executive Officer for Credit Union Service Organization (CUSO). Accountable for all areas of operation with strong emphasis on revenue generation and expense control for this not - for - profit organization. Responsibilities include; ➢ Develop and provide appropriate report data to 124 member cooperative and Board of Directors ➢ Maintain business relationships with third party service providers ➢ Conduct training seminars and programs for the credit union community on business related issues /activities ➢ Write educational articles for trade association publications Major accomplishments include; ➢ Increase credit union membership 118% ➢ Enhanced local credit union ATM Network/debit cards ➢ Established transaction relationship to national no surcharge ATM Network ➢ Improved cooperative retained earning from $4,180 to $492,623 ➢ Implemented marketing plans for new service — credit union shared branching ➢ Introduced merchant service revenue producing product for member credit unions ➢ Introduced credit card program at reduced cost for credit unions ➢ Received CUSO of the year 1995 Treasurer, Frederick County Republican Committee, Winchester, VA Former Chairman, Board of Directors, National Capital Federal Credit Union Credit Union Development Educator Pilot license, single engine aircraft Education Columbia Union College, BS, Business Administration Western Kentucky University, Undergraduate Studies Northwestern University, Extended Studies American Institute of Banking, Associated Degree Teresa Price - " - om: John Riley ht: Monday, May 20, 2013 8:37 AM 1 0. 1 jtibbs @co.frederick.va.us Cc: Teresa Price Subject: FW: Resignation from SAAA Board effective: 5118113 From: David Ziegler [ m a ilto:cImzi�ler&comcast.net J Seat: Saturday, May 18, 2013 5:28 PM To: 'John Hudson'; 'Cindy Palmer' Cc: 'Marsha Lebrecht; 'John Borders'; John Riley Subject: Resignation from SAAA Board effective : 5/18/13 Hello: I am writing to indicate that my role as member of the Board will end, with the SAAA. This is for personal /family health issues, and in no way negatively reflects on the agency. I commend the Agency, its Board and leadership team on their professional and diligent movement forward, and tremendous services provided daily across the regionH I have followed up, with all the individuals or organizations we outlined, via the Capital Campaign committee, and will positively respond and refer any further /follow -up needs back to Cindy and or the new chairperson, and Mr. Borders. ' - 4 m sorry for the short term with the Board, but wish all well, and am confident that SAAA will continue to move Ward effectively, professionally, and continue to be a great community services partner with other HHS organizations. David M. Ziegler M.A. 540 -868 -8784 INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS r 06cazr ESS _, L/ lLta & eP-0 District Supervisor, would like to nominate you to serve on the 5 o c-L 1 v t cgs 60 dyQ As a brief personal introduction to the other ]Board members, please hill out the information requested below for their review prior to filling the appointment (Please Print Clearly. Thank 'you.) Name: , �+ueN �i_tr Rome Phone: Address: �Al26yt$ �i C J 2 . Office Phone; /V /!� Cis 11A Fax: Employer: T12D ), 0�1LC mail: Af�'f^f�.�e/�Coe Occupation:T.e / )?C ► Civic/Community activities: � awe" Will You Be Able To Attend This Committee's Regularly Schedured Meeting Ouf l .; � � 41 9..dt.-..n..i0 _ _ Yes: X No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? 'des; No: _Z- � Explain: Additional Information Or Comments You Would Like To Provide Of you need more space, please use the reverse side or include additional sheets): Applicant's Signature: Date: t Nominating Supervisor's Comments. _� E, ,.,x _ J 1Jc =!.L 5 a,. rr?s C-&,(?- S' 2 ;!� c ��,,� � Lr c� S� �s Ari 4,?A M. Frank Heisey 238 Fairway Civole Cross J�xSCtion, Virginia 22625 -2018 540- 888 -7983 email: mfchoiseyCoomoast.net Formal 8duca Shenandoah University Respiratory Care A.S. Degree 1966 Shenandoah University Respiratory Care B.S. Degree 1987 - cum laude Minor - Business Administration Professional /Career Achievement Employment History Winchester Medical Center - Respiratory Care Technician 1964 to 1967 Winchester Medical Center - Assistant Director Respiratory Care 1967 to 1987 Valley Health Services, Inc. General Manager 1987 to 1990 Valley Regional Enterprises Executive Director 1990 to 2009 Valley Regional Enterprises _ President, and Valley Health`System Vice President or Home and Community Services and Wellness Services 2004 to 2009 Member and Vice President of Sr. Management - Valley Health System from 1990 to 2009 Member of the following Boards of Directors during term as Executive Director and President - Valley Regional Enterprises: Mid - Maryland Medical Transport, LLC Shenandoah Valley Health Services, LLC Gateway Horne Care, LLC Northern West Virginia Home Health, LLC Piedmont Home Care, LLC Joint Commission on Accreditation of Health Care Organizations Oakbrook Terrace, IL Intermittent Surveyor for Home Care Accreditation 1989 to 1997 Adjunct Faculty - Home Care Accreditation 1992 to 1997 W Joint Commission Surveyor Advisory Committee 1999 to 1997 - Professional and Technical Advisory Committee representing home care organizations across the United States 1998 to 2009 Member American College of Healthcare Executives 1996 -2009 Member American Association for Respiratory Care 1965 -2009 National Board for Respiratory Care - Registered Therapist Current Employment. Information: Retired since 2009 Service and Involvement at Shenandoah University; Program Director Respiratory Care Educational Program 1966 to 1974 Adjunct Faculty Respiratory Care 1975 to 1990 Advisory Committee - Respiratory Care Shenandoah University President's Round Table Advisory Council Shenandoah University Community /Church /Civic Involvement: American Heart Association - Community CPR Initiative 1970 -1980 President - Lake Holiday Country Club Board of Directors Cross Junction, VA 1999 to 2003 Vice President - Lake Holiday Country Club Board of Directors 2d03 to 2005 Lake Holiday Architectural Committee 2009 to 2011 Lake Holiday Land Development Committee 2012 to 2013 Deacon of Stephen Ministry - Fellowship Winchester, Virginia 2008 to 2013 Caring Ministries Leadership Committee - 2011 to 2012 Bible Church Fellowship Bible Church Winchester Medical Center Development Cabinet 2011 -2012 Valley Regional Enterprises - Board of Directors 2009 -2013 Awards: Young Career Achievement, Health Professions Alumni Award -- Shenandoah University - 1994 American Heart Association - Virginia Affiliate Community CPR Award Distinguished Alumni Award for Community Service Alumni Award - Shenandoah University - 2022 COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillla@co.frederick.va.us MEMORANDUM TO: Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: May 20, 2013 RE: Commissioner of Revenue Refund Requests Attached, for the Board's review, are requests to authorize the Treasurer to refund the following entities: 1. Executive Protection Systems ($15,330.92); 2. Penske Truck Leasing Co. ($13,417.80); oderick B. lams County Attorney Attachments 107 North Kent Street o Winchester, Virginia 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia @co.frederick.va.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: May 20, 2013 RE: Refund — Executive Protection Systems I am in receipt of the Commissioner's request, dated May 16, 2013, to authorize the Treasurer to refund Executive Protection Systems the amount of $15,330.92 for adjustment to business equipment filings for 20I2. The company filed a composite report. Later, upon filing a detailed listing, it was determined that certain assets were intangible and count not be taxed. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of Supe . o ill need to act on the request, as indicated in the Commissioner's memorandum, od ick VAilliams County Attorney 107 North Kent Street • Winchester, Virginia 22601 May 1 b, 2013 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 Phone 540 - 665 -5681 Fax 540 - 667 -6487 email. emurphy @co.frederick.va.us TO: Mr. Roderick Williams, County Attorney Frederick County Board of Supervisors FROM: Ellen E. Murphy, Commissioner of the Revenue RE: Exoneration Executive Protection Systems Please allow the Treasurer to refund $15,330.92 to Executive Protection Systems for adjustment to business equipment filings for 2012. Company filed a composite report. Later, upon filing a detailed listing it was determined that certain assets were intangible and could not be tamed. The request appears in order and all backup information has been examined and approved by Commissioner of the Revenue and staff. Supporting information is in the Commissioner of the Revenue office and contains secure data. Exoneration total is $15,330.92. H a to Id a a m Q O M r 3 W F W n� a ul 0 ]4 0 U N kl F3 v w u w N W Q r4 0 W H v O a C W N 9+ W � H N � O � a 10 H A U F � z a 0 u u M H 0 1 W F ❑ a O Y•a fn O N w �7 4t! w H 1 L F E v I O N W W H E m r7 a z 0 0 H H H E H f U U m € w to O I O O + 1 P a I P4 QI U I W W H H E F a a U � W W xx w w I c� 3 IA Ill N i lu € Ln a 1 � W 41 € r I -� I i € f N N N D1 61 41 O O O ul ul In N rl rl P, >, m N 3 rl r >✓, p l I o 0 14 b U t0 I N N O >•i IXI o N N H W Id O L'] IIl U W O 6 F r 41 N O 41 H O N E O O E N E O O F 1 O O N ri 0 0 0 0 !I lj q JJ I N N O U7 I d 0 ❑ I N N d� i4 54 C d II� d �i N a € Q a t m Pn m (� 3 � COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia @co.frederick.va.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: May 20, 2013 RE: Refund — Penske Truck Leasing Co. I am in receipt of the Commissioner's request, dated May 14, 2013, to authorize the Treasurer to refund Penske Truck Leasing Co. the amount of $13,417.80 for proration or exoneration of vehicles and registration fees in the normal course of business for 2012. This represents only a small portion of this fleet. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of Supervisors will need to act on the request, as indicated in the Co ssioner's memorandum. Roderick B. Williams County Attorney 107 North Kent Street • Winchester, Virginia 22601 May 14, 2013 Frederick County, Virginia Ellen E Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 Phone 540 - 665 -5681 Fax 540-667-6487 email. emurphy@coArededck.va.us TO: Mr. Roderick Williams, County Attorney Frederick County Board of Supervisors FROM: Ellen E. Murphy, Commissioner of the Revenue RE: Exoneration Penske Truck Leasing Co Please allow the Treasurer to refund $13,417.80 to Penske Truck Leasing Co. for proration or exoneration of vehicles and registration fees in the normal course of business for 2012. This represents only a small portion of this fleet. Continuing effort is made to encourage Ieasing and financing companies to provide prorating information in a timely manner but we have had less than good cooperation. These exonerations /prorations appear in order and all supporting information has been examined and approved by Commissioner of the Revenue staff. Documentation for this exoneration has been retained in the Commissioner of the Revenue office and contains secure data. Exoneration total is $13,417.80 Date 5/14/13 Cash Register: COUNTY OF FREDERICK Time: 09:47:43 Total Transactions: 517 Customer Name: PENSKE TRUCK LEASING CO Customer Transactions: 15 OiDtions: 2=Edit 4=Delete 5=View --------------- L Dept Trans Ticket No. Tax Amount Penalty/Int Amount Paid P=2 0040621007 $1,M.68- .00 $1,334.6T- PP2012 2 00406210074 $1,334.68- $.00 $1,334.68- PP2012 3 00406210075 $1,334.68- $.00 $1,334.68 - PP2012 4 00406210076 $1,334.68- $.00 $1,334.68 - PP2012 5 00406210077 $1,334.68- $.00 $1,334.68- PP2012 6 00406210078 $1,334-68- $.00 $1,334.68- PP2012 7 00406210079 $1,334.68- $.00 $1,334.68- PP2012 8 00406210080 $1,334.68- $.00 $1,334.68- PP2012 9 00406210081 $1,334.68- $.00 $1,334.68- PP2012 10 00406210082 $1,334.68- $.00 $1,334.68'- VL2012 11 00569540001 $25.00- $.00 $25.00- VL2012 12 00569550001 $25.00- $.00 $25.00 - Multiple Pages Total Paid : $13,471.80 F3=Exit F14=Show Map # F15=Show Balance F18=Sort-g F21=CmdLine Date: 5/14/13 Cash Register: COUNTY OF FREDERICK Time: 09:47:43 Totaii Transactions: 917 Customer Name: PENSKE TRUCK LEASING CO Customer Transactions: is Options: 2=Edit 4=Delete 5=View Dept Trans Ticket No. Tax Amount Penalty/Int Amount Paid VL2012 005695600 $25.00- VL2012 14 00569570001 $25.00- $.00 $25.00- VL2012 15 00569580001 $25.00- $.00 $25.00- Multiple Pages Total Paid : $13,471.80 F3=Exit F14=Show Map # F15=Show Balance FIB=Sort-Entered F21='mdLine BOARD.OF Resolution. NAVY FEDERAL CREDIT UNION WHEREAS, NAVY FEDERAL CREDIT UNION has made known its intent to expand its GOVERNOR'S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT made and entered this day of July 2013, by and among the COUNTY OF FREDERICK, VIRGINIA (the "Locality ") a political subdivision of the Commonwealth of Virginia (the "Commonwealth "), NAVY FEDERAL CREDIT UNION (the "Company "), a federally chartered credit union, and the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA (the "Authority "), a political subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Locality has been awarded a grant of and expects to receive $250,000 from the Governor's Development Opportunity Fund (a "GOF Grant ") through the Virginia Economic Development Partnership Authority ( "VEDP ") for the purpose of inducing the Company to expand, equip and operate an operations center in the Locality (the "Facility "), thereby making a significant Capital Investment, as hereinafter defined, and creating and retaining a significant number of New Jobs, as hereinafter defined; WHEREAS, the Locality is willing to provide the funds to the Authority with the expectation that the Authority will provide the funds to or for the use of the Company, provided that the Company promises to meet certain criteria relating to Capital Investment and New Jobs; WHEREAS, the Locality wishes to make a Local Economic Development Incentive Grant in the amount of $250,000 (the "LEDIG ") through the Authority to the Company for the purpose of inducing the Company to expand and improve the Facility, thereby making a significant Capital Investment and creating and retaining a significant number of New Jobs; WHEREAS, the Locality, the Authority and the Company desire to set forth their understanding and agreement as to the payout of the GOF Grant and the LEDIG (together, the "Grants "), the use of the proceeds of the Grants, the obligations of the Company regarding Capital Investment and New Job creation, and the repayment by the Company of all or part of the Grants under certain circumstances; WHEREAS, the expansion, equipping and operation of the Facility will entail a capital expenditure of approximately $20,000,000, of which approximately $5,000,000 will be invested in machinery and equipment, and approximately $15,000,000 will be invested in site improvements and the construction of a new building; WHEREAS, the expansion, equipping and operation of the Facility will further entail the creation and maintenance of 400 New Jobs at the Facility; and WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for each of the Grants; NFCU GOF Performance Agreement FINAL Page 1 of NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section 1. Definitions For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by or on behalf of the Company in taxable real property, taxable tangible personal property, or both, at the Facility, excluding the purchase of land or existing real property improvements. The Capital Investment must be in addition to the capital improvements at the Facility as of July 1, 2012. The total capital expenditure of $20,000,000, is referred to in this Agreement as the "Capital Investment." "Maintain" means that the New Jobs created pursuant to the GOF Grant will continue without interruption from the date of creation through the Performance Date. Positions for the New .lobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Company's employment levels (so long as there is active recruitment for open positions), (ii) strikes, and (iii) other temporary work stoppages. "New Job" means new permanent full -time employment at the Facility for which the standard fringe benefits are paid by the Company for the employee, and for which the Company pays an average annual wage of at least $40,000. Each New Job must require a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin -off jobs shall not qualify as New Jobs. The New Jobs must be in addition to the 556 full -time jobs at the Facility as of July 1, 2012. "Performance Date" means December 31, 2015, If the Locality, in consultation with the Authority and VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, the Locality in its sole and absolute discretion may agree to extend the Performance Date by up to 15 months. If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority, the Company and VEDP and the date to which the Performance Date has been extended shall be the "Performance Date" for the purposes of this Agreement. Neither the Locality, the Authority, nor VEDP, nor any of them, shall have any obligation whatsoever to extend the Performance Date. "Targets" means the Company's obligations to make Capital Investments at the Facility of at least $20,000,000 and to create and Maintain at least 400 New Jobs, in addition to maintaining the current 556 jobs at the Facility, all as of the Performance Date. NFCU GOF Performance Agreement FINAL Page 2 of 9 "Virginia Code" means the Code of Virginia of 1450, as amended. Section 2. Targets The Company will expand, equip and operate the Facility in the Locality, make a Capital Investment of at least $20,000,000, and create and Maintain at least 400 New Jobs at the Facility, all as of the Performance Date, The Locality and the Authority hereby strongly encourage the Company to ensure that at least thirty percent (30 %) of the New Jobs are offered to "Residents" of the Commonwealth, as defined in Virginia Code Section 58.1 -302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not. The average annual wage of the New Jobs of at least $40,000 is more than the prevailing average annual wage in the Locality of $38,534. The Locality is not a high - unemployment locality, having an unemployment rate for 2011, which is the last year for which such data is available, of 5.9% as compared to the 2011 statewide unemployment rate of 6.2 %. The Locality is not a high - poverty locality, with a poverty rate for 2010, which is the last year for which such data is available, of 7.4% as compared to the 2010 statewide poverty rate of 11.1%. Section 3. Disbursement of the Grants. (a) GOF Grant: By no later than August 1, 2013, the Locality will request the disbursement to it of the GOF Grant. If not so requested by the Locality by August 1, 2013, this Agreement will automatically terminate and the Company will have no claim whatsoever against the Locality or the Authority. The Locality and the Company will be entitled to reapply for the GOF Grant thereafter, based upon the terms, conditions and availability of funds at that time. The GOF Grant in the amount of $250,000 will be paid to the Locality, upon its request. Within 30 days of its receipt of the GOF Grant proceeds, the Locality will disburse the GOF Grant proceeds to the Authority. Within 30 days of its receipt of the GOF Grant proceeds, the Authority will disburse the GOF Grant proceeds to the Company as an inducement to the Company to achieve the Targets at the Facility. The Company will use the GOF Grant proceeds for workforce training and the construction or build -out of publicly or privately owned buildings, as permitted by Section 2.2- 115(D) of the Virginia Code. This Performance Agreement shall terminate and shall be of no force or effect in the event that the GOF Grant is not received by the Locality on before June 1, 2013. (b) LEDIG Grant: As an inducement to the Company to achieve the Targets at the Facility and provided that the Company in not in default under the terms of this Performance Agreement, the LEDIG in the amount of $250,000 will be paid by the Locality to the Company through the Authority on or before the date that the GOF Grant proceeds are disbursed by the Authority to the Company. The Company will use the LEDIG proceeds for workforce training and the construction or build -out of publicly or privately owned buildings. NFCU GOF Performance Agreement FINAL Page 3 o f 9 Section 4. Break -Even Point; State and Local Incentives VEDP has estimated that the Commonwealth will reach its "break -even point" by the Performance Date. The break -even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth's expenditures on incentives, including but not limited to the GOF Grant. With regard to the Facility, the Commonwealth expects to provide incentives in the following amounts; Category of Incentive: Total Amount GOF Grant $ 250,000 Virginia Jobs Investment Program ( "VJIP ") (Estimated) 200,000 The Locality expects to provide the following incentives, as matching grants or otherwise, for the Facility: Category of Incentive: Total Amount Local Economic Development Incentive Grant (LEDIG) $ 250,000 If, by the Performance Date, the LEDIG funds disbursed or committed to be disbursed by the Locality to the Company through the Authority total less than the $250,000 GOF Grant local match requirement, the Locality, subject to appropriation, will make an additional grant through the Authority to the Company of the difference at the Performance Date, so long as the Company has met its Targets. The proceeds of the GOF Grant shall be used for the purposes described in Section 3(a). The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs for its employees. The proceeds of the LEDIG shall be used for the purposes described in Section 3(b). Section 5. Repayment Obligation. (a) If Statutory Minimum Requirements are Not Met: Section 2.2 -115 of the Virginia Code requires that the Company make a Capital Investment of at least $5,000,000 in the Facility and create and Maintain at least 50 New Jobs at the Facility in order to be eligible for the GOF Grant, and the Locality's policy is to administer its LEDIG similarly. Failure by the Company to meet either of these statutory minimum eligibility requirements by the Performance Date shall constitute a breach of this Agreement and the entire amount of both Grants must be repaid by the Company to the Authority. (b) If Statutory Minimum Requirements are Meta The provisions of this subsection (b) are applicable only if the Company has met the statutory minimum eligibility requirements set forth in subsection (a). For purposes of repayment, each of the Grants is to be allocated as $125,000 (50 %) for the Company's Capital Investment Target and $125,000 (50 %) for its New Jobs Target. If the Company has met at least ninety percent (90 %) of both of the Targets as of the Performance Date, then and thereafter the Company is no longer obligated to repay any NFCU GOF Performance Agreement FINAL Page 4 of 9 portion of either Grant. If the Company has not met at least 90% of both of its Targets at the Performance Date, the Company shall repay to the Authority that part of the Grants that is proportional to the Target or Targets for which there is a shortfall. For example, if at the Performance Date, the Capital Investment is only $10,000,000 or 50% of the Capital Investment Target, and only 200 New Jobs or 50% of the New Jobs Target have been created and Maintained, the Company shall repay to the Authority fifty percent (50 %) of the moneys allocated to the Capital Investment Target ($125,000) and fifty percent (50 %) of the moneys allocated to the New Jobs Target ($125,000) for each the GOF Grant and the LEDIG (for a total repayment of $250,000). The Company's repayment obligation hereunder shall survive the Performance Date to the extent that the Locality subsequently receives information to the effect that the Company did not meet the Targets. (c) Determination of Inability to Comply: If the Locality or VEDP shall determine at any time prior to the Performance Date (a "Determination Date ") that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, the Company must repay the entire amount of the Grants to the Authority. Such a determination will be based solely on such circumstances as a filing by or on behalf of the Company under Chapter 7 or Chapter 11 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar significant event that demonstrates the Company will be unable or is unwilling to satisfy the Targets for the Grants, as determined by the Locality or VEDP. (d) Repayment Dates: Such repayment shall be due from the Company to the Authority within thirty days of the Performance Date or the Determination Date, whichever shall first occur —Any LEDIG moneys shall be repaid by the Company to the Authority within 30 days after request for payment is made by the Locality or the Authority and thereafter be paid by the Authority to the Locality- The Locality and the Authority shall use their best efforts to recover such funds, including legal action for any breach of this Agreement by the Company. In the event that the Company fails to comply with the repayment obligations set forth in this Section 4, the Locality and the Authority shall be entitled to recover their reasonable attorney's fees and costs incurred in connection with such default by the Company, whether or not such proceedings are instituted to collect such repayment funds. The Authority shall not have any responsibility whatsoever for the repayment of any sums hereunder to the Locality unless and until said sums have been received by the Authority from the Company, In the event that the Company fails or refuses to repay any of the LEDIG moneys as called for in this Section 4, such sums shall be assessed interest at the rate of 5.00% annum until repaid in full by the Company, (i) GOF Grant: Any GOF Grant moneys repaid by the Company to the Authority hereunder shall be repaid by the Authority to the Locality within 30 days after the repayment by the Company to the Authority, and shall be repaid by the Locality promptly to VEDP for redeposit into the Governor's Development Opportunity Fund. NFCU GOF Performance Agreement FINAL Page 5 of 9 (ii) LEDIG Grant: Any LEDIG moneys repaid by the Company to the Authority hereunder shall be repaid by the Authority to the Locality within 30 days after repayment by the Company to the Authority. (iii) Recovery of Funds and Repayment: The Locality and the Authority shall use their best efforts to recover such funds, including legal action for any breach of this Agreement by the Company. The Company shall be liable for all attorney's fees and costs incurred by the Locality and/or the Authority in connection with any legal action brought to collect such funds. Neither the Locality nor the Authority shall have any responsibility for the repayment of any sums hereunder unless said sums have been received by the Authority from the Company. (iv) Interest: In the event that the Company fails or refuses to repay any of the LEDIG moneys as called for in this Section 4, such sums shall be assessed interest at the rate of 5.00% per annum until repaid in full by the Company. Section b. Company Reporting The Company shall timely provide, at the Company's expense, written detailed verification satisfactory to the Locality and the Authority of the Company's progress on achieving the Targets, The Company shall provide for review by the Locality the Company's quarterly payroll tax filings and will denote on those filings which of the employees met the definition of New Jobs to confirm satisfaction with the Company's progress on achieving the Targets for New Jobs. The Company also will permit the Locality to review annual tax filings to confirm reasonable satisfaction with the Company's progress on achieving the Capital Investment Targets. The Locality's right to review annual tax filings shall also apply to any amendments to such tax filings for the duration of the time such amendments are permitted under applicable law and for one year after the final disposition of such amendments, Such progress reports will be provided annually, starting on December 1, 2013, and at such other times as the Locality or the Authority may reasonably require. The Company shall provide a letter confirming the Targets for Capital Investment and New Jobs. This letter wi44 shall confirm Capital Investment 'incurred by or on behalf of the Company and the number of New Jobs created by the Company at the facility. The Company shall provide an affirmative signed statement by an authorized Company Officer or Director that information provided in progress reports are true and correct and certify the status of its efforts to achieve the Targets for New Jobs and Capital Investment. Section 7. Notices Any notices required or permitted under this Agreement shall be given in writing, and shall be deemed to be received upon receipt or refusal after mailing of the same in the United States Mail by certified mail, postage fully pre -paid or by overnight courier (refusal shall mean return of certified mail or overnight courier package not accepted by the addressee): if to the Company, to: with a copy to: NFCU GOF Performance Agreement FINAL Page 6 of 9 Navy Federal Credit Union 141 Security Drive Winchester, VA 22602 Attention: Susan Brooks if to the Locality, to: County of Frederick 107 North Kent St Winchester, VA 22601 Attention: County Administrator if to the Authority, to: Industrial Development Authority of the County of Frederick, Virginia 107 North Kent St Winchester, VA 22601 Attention: Chair if to VEDP, to: Virginia Economic Development Partnership 901 East Byrd Street, 19 Floor Post Office Box 798 (zip: 23218 -0798) Richmond, Virginia 23219 Attention: President and CEO Section 8. Miscellaneous Navy Federal Credit Union 820 Follin Lane Vienna, VA 22180 Attention: George Eichert with a copy to: County of Frederick 107 North Kent St Winchester, VA 22601 Attention: County Attorney with a copy to: Industrial Development Authority of the County of Frederick, Virginia 107 North Kent St Winchester, VA 22601 Attention: General Counsel with a copy to: Virginia Economic Development Partnership 901 East Byrd Street, 19 Floor Post Office Box 798 (zip: 2321 8 -0798) Richmond, Virginia 23219 Attention: General Counsel (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the Grants and may not be amended or modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality, the Authority and VEDP, which consent may be withheld by the Locality, the Authority and VEDP. (b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving the GOF Grant under the terms of this Agreement shall lie in the Circuit Court of the City of Richmond, Virginia, and such litigation shall be brought only in such court. Jurisdiction and venue for any litigation arising out of or involving the LEDIG under the terms of this Agreement shall lie in the NFCU GOF Performance Agreement FINAL Page 7 of 9 Circuit Court of the County of Frederick, Virginia, and such litigation shall be brought only in such court. (c) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (e) Time: Time is of the essence as to all matters set forth in this Performance Agreement. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] NFCU GOF Performance Agreemenr FINAL Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. COUNTY OF FREDERICK, VIRGINIA By Name: Title: Date: INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA By Name: Title: Date: NAVY FEDERAL CREDIT UNION By Name: Title: Date: NFCU GOF Performance Agreement FINAL Page 9 of 9 COUNTY of FREDERICK FJ ;eb Parks and Recreation Departi - rent 540 -665 -5678 R FAX: 540 - 665 -4687 www.fcprd.nct -mail: fcprd0!co,frcdcr1ck.va.us I► To: John R. Riley, Jr., County Administrator From: Jason L. Robertson, Director, Parks & Recreation Dept.' Subject: Parks and Recreation Commission Action Date: May 17, 2013 The Parks and Recreation Commission met on May 14, 2013. Members present were: Marty Cybulski, Charles Sandy, Jr., Ronald Madagan, Greg Brondos, Kevin Anderson and Gary Longerbeam. Members absent were: Ron Hodgson, Patrick Anderson and Christopher Collins. Items Re uirin Board of Su ervisors Action: I. None Submitted for Board Information Only: 1. Recreation Reserve Fund Policy — Mr. Sandy moved to approve the Recreation Reserve Fund Policy as submitted, second by Mr. Madagan, motion carried unanimously (6 -0). The Recreation Reserve Fund Policy will be forwarded to the Finance Committee. 2. Mountain Bike Trail Expansion — The Buildings and Grounds Committee recommended the expansion of the Mountain Bike Trail at Sherando Park, second by Mr. Sandy, motion carried unanimously (6 -0). Please find attached a map of the Mountain Bike Trail. 3. Cosponsor Fee Waiver — The Finance Committee of the Parks and Recreation Commission met and discussed increasing the game rate fee waiver formula for organizations using baseball and softball fields by $7.00 to include lights. Mr. Sandy moved to postpone the decision until a future meeting, second by Mr. Longerbeam, motion carried unanimously (6 -0). 4. Mission and Vision Statements — The Public Relations Committee recommended to approve the Mission and Vision Statements, but there was no second. Mr. Kevin Anderson moved to send the information back to staff for their feedback and postpone approving the Mission and Vision Statement until a future meeting, second by Mr. Sandy, motion carried unanimously (6 -0). cc: Martin Cybulski, Chairman Christopher Collins, Board Liaison 307 Nort11 Kent Street Winchester, VA 22601 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 5401678 -0682 MEMORANDUM TO: Board of Supervisors FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works R SUBJECT: Public Works and Green Advisory Committees Report for Meeting of May 28, 2013 DATE: May 29, 2013 The Public Works and Green Advisory Committees met on Tuesday, May 28, 2013, at 8:00 a.m. All members were present. The following items were discussed: ** *Items Not Requiring Action * ** 1. Design of New Round Hill Fire and Rescue Station and Associated Social Hall Staff presented the results of the recently completed programming phase of the new Round Hill Fire and Rescue Station and associated Social Hall. The new programming evaluation indicated that the social hall would require approximately 9,800 square feet to accommodate the proposed uses. This amount compares favorably to the 9,600 square feet which was derived from a similar needs assessment performed approximately seven (7) years ago and included in the recent Request for Proposal (RFP) for design services. The programming evaluation for the fire and rescue station yielded an area of approximately 16,400 square feet which exceeded the area of 14,000 square feet included in our recent RFP. The disparity in sizes was the result of increasing the three (3) apparatus bays from 70 feet to 80 feet to accommodate larger equipment and the addition of a hose tower. The committee believed these additions were justified. The architect/engineer will be instructed to proceed with the concept design plans which will be presented to the committee at their next Public Works Committee Report Page 2 May 30, 2013 scheduled meet. (Attachment 1) 2. Stormwater Program Subcommittee Update Staff indicated that the stormwater subcommittee had completed a first draft of a model ordinance that combines our existing erosion and sediment control ordinance and the new stormwater regulations promulgated by the Commonwealth of Virginia. Staff plans to prepare a final draft of this new ordinance for presentation and review by the subcommittee by the end of June 2013. 3. Completion of Lake Holliday Spillway Upgrade The Lake Holiday spillway project has reached substantial completion. As a result, the lake level has returned to the original normal pool elevation of 820. The project was completed on schedule and below budget. 4. Miscellaneous Reports a) Tonnage Report (Attachment 2) b) Recycling Report (Attachment 3) c) Animal Shelter Dog Report (Attachment 4) d) Animal Shelter Cat Report (Attachment 5) 5. Green Advisory Committee (Attachment 6) Respectfully submitted, Public Works Committee Gene E. Fisher, Chairman David W. Ganse Robert A. Hess Gary Lofton Whit L. Wagner Robert W. Wells James Wilson 4L--- r MLUMAL By Harvey E. S wsnyder, Jr., .E. Public Works Director HES /rls Attachments: as stated cc: file ATTACHMENT 1 Frederick County New Round Hill Community Vol. Fire & Rescue Station 1 Attendees: Chester Lauck Victor Riggleman Elwood Patterson Robbie Snapp Whit Wagner Joe Wilder Ed Strawsnyder Biil Bowmaster Rodney Snapp Tony Bell Josh Bennett Ken Newell DRAFT 5.15.13 4/16 /2013 511512013 VEHICLE BAYS SIze Size Apparatus Bays (3) Dbl. Drive -Thru Bays, (18'W x BUD interior bays) (21'W x 80'D end bays) 4,800 4,800 Bay 1: 35' Engine - 20' SUV Bay 2: 35' Engine - 22' Ambulance Bay 3: 22' Ambulance - 22' Mini - Pumper Alternate Bay 4: 35' Future or Reserve Engine (18'W x BUD) Fluorescent Lights Infra -red gas tube heaters 14x14 Steel Doors w/ Remotes & Single Row of Windows & Timers Electric Shore Lines (1 - 20A per vehicle) Spot Drains per Vehicle Oil/Water Separator - coordinate location with AHJ (2) Inside Hosebibbs and (1) 1 112 " Truck Fill Line inside - (1) Hot water connection available from Laundry Rm. Regular Exhaust + Plymovent @ each vehicle location Sealed Concrete Floors w1 Stained Traffic Lines Stop and Go LEDs for each OH Door, inside Height Clearances to Tip Cabs everywhere_ Sprinkler Riser in Bays Tumout Gear Alcove for 50 Lockers wl power (no LIV emitting lighting) 600 600 Laundry / Decon. Room: 175 0 Laundry:. Ice Machine (BO), Extractor (BO), (2) Residential Washers & Dryers stacked (BO), Drying Racks (BO) 125 (access Laundry Room from the Fire Station and the Apparatus Bays) Decon: Double Stainless Steel Sinks w/ one 4' sideboard, mop sink, emergency shower / eye wash 125 (access Decon Room from Apparatus Says only) Tool Shop: 10' butcher -block workbench - tool air compressor (BO) w/ (2) thru -wall connections at Bays 200 200 Cascade compressor (BO) - Flammable Material Cab. (BO) SCBA Roam: 10' butcher -black workbench - Cascade fill station 100 100 EMS Stor. Room with HVAC 100 100 Store Room 150 150 Bay Toilet Room (adjacent to Decon Room) 64 64 Mech. /Storage Mezzanine w/ metal Stairs from Bays - Full Training 600 600 Hose Drying/Training Tower (Hoist Beam wl Future Power x 32' Rise) wl Exterior & Interior Doors - Hose Racks (BO) 324 324 (exterior doors - double 3' -0" x T -0 ", interior door from bays - single 3-0" x T -0 ") (provide design and infasiructure for natural & mechanical hose drying) TOTAL VEHICLE BAY SQUARE FOOTAGE 7,113 7,18'8 TOTAL VEHICLE BAY SQUARE FOOTAGE w/ ALTERNATE BAY 1,440 8,628 PUBLIC SPACES Size Size Dayroom 12 people at sofalrecliners Lobby Airlockl Safe Room (2 seated visitors, display case, and 911 phone) 200 200 Public Restroom - (1) HC 64 54 Operations Office wl closet and 3 work stations (1 @ 80sf for Chief - 2 @ 48$f) 240 240 Administrative Office w/ closet floor safe (BO), 3 work stations (1 @ 80sf - 2 @ 48sf) 240 240 Career Office wf closet, i work station and small conf. table for 4 people 200 200 Adjacent Bunk (1 bed; 3 lockers; 1 desk) & Bath (1 tlt.; 1 sink; 1 shower) accessed off of Career Office only 230 230 Radio / Report Room w/ fax & xerox machines, closet, 2 work stations and pass window to Lobby 200 200 Training & Multi- Purpose Room (25 at training tables) w/ table /chair storage closets (separate public access door) 450 450 access control to fire station for after hour access. Dining Table for 12 AIL/ requirements TBD. (projector, screen, wall mounted TV wI computer connectivity, floor power & data boxes Stainless Steel Countertops Vending Area for 2 Machines in alcove off of Lobby 36 36 Data / IT Room 80 80 (4) Sleep Rooms w/ 3 beds and linen cab. each (230sf each) TOTAL PUBLIC SPACES SQUARE FOOTAGE 1,940 1,940 PRIVATE SPACES Size Size 12,757 Dayroom 12 people at sofalrecliners 480 480 Kitchen 600 600 Double Sink w/ disposal + HC sink 4 Burner Stove + Double Oven (residential hood allowed by AHJ) Total Gross Square Feet 16,316 2 Refrigerators Total Gross Square Feet wf Altemate Bay Dishwasher Counter Top MW Oven Bunn Coffee Maker 1 Walk -in Pantry Dining Table for 12 Stainless Steel Countertops ADA sink and countertop to be used for coffee station Covered Porch - 600 SF (4) Sleep Rooms w/ 3 beds and linen cab. each (230sf each) 920 920 Men `toilet / Shower Room (4 showers - 2 urinals - 2 water closets - 2 lavatories) 230 230 Men Locker Room - 40 lockers @ 14.5 SF each 580 580 Unisex Toilet / Shower Room (1 showers - 2 water closets - 2 lavatories) 160 160 Unisex Locker Room - 10 lockers @ 14.5 SF each 145 145 Exercise Roam w/ 4 workout stations 450 450 (1) Janitors Closets w/ mop sink & supply storage shelving 64 64 TOTAL PRIVATE SPACES SQUARE FOOTAGE i 3,629 3,629 Total Net Square Feet 12,682 12,757 Mechanical 1 Circulation 40% not Including Apparatus Bays 3,153 3,183 Grossing Factor Bays Only - 10% 481 481 Total Gross Square Feet 16,316 16,421 Total Gross Square Feet wf Altemate Bay 1 17,861 SITE 50' concrete apron front & rear and HD asphalt drives On -site Fire Hydrant W 5'x5' cone. Pad i building sign /1 yard sign i flag pote wf lighting Concrete Filled Steel Bollard Protection at Bay Doors Partially Covered outside Patio off of Dayroom 1 Kitchen Paved Parking for 24 fire; 2 visitors; visiting apparatus 80' Communication Tower (BO) GENERAL NOTES All propane appliances and equipment wl natural gas conversion All furniture & equipment by owner UNO As many incorporated training scenarios as possible Possible Out building by owner Full building generator (propane) required. Potential reuse of existing. POTENTIAL ALTERNATES 41h Full Vehicle Bay Frederick County DRAFT 5.15.13 New Round Hill Community Vol. Fire & Rescue Station 1 Social Hall Attendees: Chester Lauck Victor Riggleman Elwood Patterson Robbie Snapp Whit Wagner Joe Wilder Ed Strawsnyder Bill Bowmaster Rodney Snapp Tony Bell Josh Bennett Ken Newell 4116/2013 5/15/2013 PUBLIC SPACES Size Size Social Hall: 300 people at tables and portable stage area - separate entry and separate covered smoking patio 7,200 5,610 Operable partilion wall to divide room equally 720 561 Table & Chair Storage 300 300 Commercial Kitchen (Equipment by ?) - Grease interceptor required 500 500 Kitchen Storage 160 160 Walk -In Cooler 100 100 Walk -In Freezer 100 100 Toilets - Min. (1) shower each in male and female 1,200 1,200 10' Admission Station Counter - 3 persons 120 120 Entrance Vestibule /Foyer 150 150 Bingo Office 150 150 Closet with Floor Safe 12 12 IT Closet 12 12 6' Tip Sales Counter w/ bingo control equip. 120 120 Janitor's Room: Mop sink & supply shelving 100 100 Drop -Off Canopy TOTAL PUBLIC SPACES SQUARE FOOTAGE 10,224 8,634 Total Net Square Feet 10,224 8,634 Mechanical / Circulation 20% not Including Social Hall 605 605 Grossing Factor Social Hall Only - 10% 720 561 Total Gross Square Feet 11,5491 9,800 SITE 150 paved parking spaces for social hall. Can reduce to meet site constraints, but not below zoning requirements. Connector Canopy between Social Hall and Fire Station GENERAL NOTES All propane appliances and equipment w/ natural gas conversion All furniture & equipment by owner UNO Full building generator (propane) required. Potential reuse of existing ATTACHMENT 2 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678 -0682 MEMORANDUM TO: Public Works Committee FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works )VLF SUBJECT: Monthly Tonnage Report - Fiscal Year 12/13 DATE: May 20, 2013 The following is the tonnage for the months of July 2012, through June 2013, and the average monthly tonnage for fiscal years 02/03 through 11/12. FY 02 -03: AVERAGE PER MONTH: 15,184 TONS (UP 1,177 TONS) FY 03 -04: AVERAGE PER MONTH: 16,348 TONS (UP 1,164 TONS) FY 04 -05: AVERAGE PER MONTH: 17,029 TONS (UP 681 TONS) FY 05 -06: AVERAGE PER MONTH: 17,785 TONS (UP 756 TONS) FY 06 -07: AVERAGE PER MONTH: 16,705 TONS (DOWN 1,080 TONS) FY 07 -08: AVERAGE PER MONTH: 13,904 TONS (DOWN 2,801 TONS) FY 08 -09: AVERAGE PER MONTH: 13,316 TONS (DOWN 588 TONS) FY 09 -10: AVERAGE PER MONTH: 12,219 TONS (DOWN 1,097 TONS) FY 10 -11: AVERAGE PER MONTH: 12,184 TONS (DOWN 35 TONS) FY 11 -12: AVERAGE PER MONTH: 12,013 TONS (DOWN 171 TONS) FY 12 -13: AVERAGE PER MONTH: 11,888 TONS (DOWN 125 TONS) MONTH FY 2011 -2012 FY 2012 -2013 JULY 12,600 12,596 AUGUST 13,265 13,934 SEPTEMBER 12,140 11,621 OCTOBER 12,091 12,863 NOVEMBER 12,389 12,598 DECEMBER 11,363 10,728 JANUARY 10,545 11,054 FEBRUARY 10,676 9,776 MARCH 12,479 10,636 APRIL 11,366 13,074 MAY 12,688 JUNE 12,550 HES /gmp ATTACHMENT 3 I- O t N C) '-d O N�� O O O I M I I�t O M O N O LO O M (O (O O O LO I LO 00 M (O In M M LO M O O I�t rl- M 00 (O O � I�t O N 00 N (O W J I�t co 00 W (O O 0) In M (O .. .. .. .. .. .. .. 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Jonathan M. Turkel, Park & Stewardship Planner SUBJECT: Green Advisory Committee Report for Meeting of May 28, 2013 DATE: May 28 2013 The Green Advisory Committee inet on Tuesday, May 28, 2013 at 8:00 a.m. in the Public Works conference Room 2 od Floor, 107 N. Kent Street, Winchester, VA. Members present were: Gene Fischer, Gary Lofton, Robert Hess, James Wilson, Whitney Wagner and Dave Gates. Absent was Bob Wells. ** *Information Items Only * ** 1. Energy Management Update a. Planet Footprint data collection & monitoring Using the Planet Footprint service staff is monitoring electricity and natural gas consumption across all accounts. Heating and cooling degree day data is being monitored to determine if temperature is driving changes in consumption. Using Planet Footprint database of Frederick County accounts, staff is able to monitor current and historical . consumption for trend evaluation. (Attachment 1) b. Consumption anomalies are assessed quarterly, based on comparison to previous year. Accounts with anomalies >20% are flagged and sent to responsibility heads for explanation. Staff continues to coordinate with facility staff to promote overall reduced consumption. Frederick County Electricity Consumption Quarters FY 2010 - 2013 (kWh) 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 250,000 200,000 150,000 100,000 50,000 0 2,1(18 :€ 132 rJ 2, 160,31 6 1,954,019 2, 012 , 011 ,104,054 1,900,625 2,013;529 ,13 . 1 ;3 1,919,547 X14 1,833,990. W 3 G12 �1 2010 2011 2012 2013 Frederick County Natural Gas Consumption Quarters FY 2010 - 2013 (ccf) 2010 2011 Heating Degree Days Winchester, VA 2012 2013 Cooling Degree Days Winchester, VA 04 LI 3 a2 R1 3000 1500 2000 ■ 2011 1000 ■ 2011 1000 ■ 2012 500 ■ 2012 [ 2013 M 2013 0 0 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Consumption and cost graphs created from data stored by Planet Footprint. Planet Footprint is a utility collection and tracking subscription service. Frederick County has used this subscription service since 2011 Heating & Cooling Data from WeatherUnderground. % Change Electricity. Q1 -Q3 Compared to Same Period Previous Year kWh (%Change) M$$$ (%Change) 11% 5% s% 4% 3% - .. -.__ 4G. 3% 0Yo -550 - = 356 -296.. - - - -- -- 10% 9% -15% ` 16% 14% 16%'14% -20% -17 -25% -23 % - - 3040 _ -30% - 3 5 5'u 0 :0 �<a G cC �K? 0O K G° pa kWh and Cost Difference Q 1 -Q3 Compared to Same Period Previous Year j kWh (Diff) o$$$ (Diff) - 400,000 - 350,000 - 300,000 - 250,000 - 200,000 - 150,000 - 100,000 - 50,000 0 50,000 100,000 150,000 SherATH N .-9,674 L - $1,5174 Annex (Jail) 12,960 P &R- Clearbrook -Pool - 10,355 -S966 Main Jail -340,115 Sherando Pool J 394 Community Corrections 21,349 ; - $1,17'9 Animal Shelter 2,216 $175 III+ Airport 19,549 i $1,221 Public Safety Building $2,365 i 49,402 Administration Building 98,557 $7,778 Other 15,583 $1,079 Director (540) 665 -6356 Fax (540) 723 -8848 incorporated into the current fee schedule. Deputy Chief Oliver also noted that ALS1 and BLS non emergency fees are not current on the proposed schedule. The current fees should be $512.00 for ALS 1 non emergency and $431.00 for BLS 1 non emergency calls. The Public Safety Committee unanimously recommended the Board of Supervisors adapt the rates for the Fee for Service fee schedule. ** *Discussion Items * ** 2. Retention of staff_(see_attached B,Q Chief Linaburg presented 2 handouts with reference to salary and benefits packages from various surrounding Counties in Virginia.and the impact of staff loss within Frederick County. Chief Linaburg emphasized the difficulty in retaining current volunteer and career staff citing that other counties are offering a more lucrative salary and benefits package. Other jurisdictions are actively recruiting in our area and have the benefit of a training academy available to teach the skills necessary for basic firefighting knowledge and dual skills for fire and EMS certification. Currently, Frederick County does not have any such academy. The cost of this type of program could be reviewed as a new budget item. Consideration should be given to the cost, benefit to the community and staff losses. Chief Linaburg advised the Fire & Rescue Department utilizes "Kelly days" in their work schedules. This is a process in which the firefighters work a 200 hour pay period and then are furloughed out a day to avoid overtime. if there was no "Kelly day" in place, it would give the County more staffing. Mr. Riley would like to have a written narrative of the "Kelly day" and how it relates to overtime, the 200 hour pay period, or how it is an added benefit to the department in order to clear up any confusion. Mr. Riley would also like Chief Linaburg to devise a tentative solution for the Fire/EMS pay scale and detail what types of adjustments would have to be made in order to make Frederick County more competitive and attractive to potential employees. Finally, Mr. Riley and Chairman Lofton would like Chief Linaburg to put together any information on a proposed academy start up and its operational costs. These 3 items are to be distributed to the members within the next 2 weeks prior to being addressed in greater detail at the next Public Safety Committee meeting slated for July 2, 2013. Next Meeting: The next Public Safety Committee meeting is tentatively scheduled for Tuesday July 2, 2013. Adjourn: The meeting was adjourned at 9:30 a.m. Respectfully submitted, Public Safety Committee Gary Lofton Tim Price John Riley Brenda Vance Sheriff Robert Williamson Ann B. Lloyd Denny Linaburg Rod Williams Chris Collins Michael Lindsay By LeeAnna Pyles, Direct r ublicSafety Communications LP /sds Gene Fisher Ronald Wilkins Glen Williamson Chuck Torpy a Frederick County Fire and Rescue Department Frederick County Volunteer Fire and Rescue Association E.M.S. Billing Program Progress Report Tasks Completed As of May 31 2013 1. Met with Volunteer Fire and Rescue Leadership to formulate a plan for the implementation of the E.M.S. Billing Program. 2. Met with Valley Health (Premier Accounts Receivable Management) to discuss the application processes for the various Federal, State, and private insurance companies to allow us to bill. Received forms and sample applications from Valley Health to assist with completing these applications. 3. Applied for and received our National Provider Identification Number through the National Plan and Provider Enumeration System, a component of the Centers for Medicare and Medicaid Services. This number is required on all of the applications listed above in Line 2. 4. Working on gathering data and information from all of the volunteer fire and rescue companies to complete the information required for Medicare and other applications listed above in Line 2. 5. Met with the Human Resources Committee and received approval for the position and job description for the E.M.S. Billing Manager. Position still needs to be approved by the Finance Committee and then the Board of Supervisors before it can be advertisedlfilied. 6. Met with the Treasurer's Office and Finance Department to start the dialogue about their roles and responsibilities for the E.M.S. Billing Program. Future Tasks To Be Comileted 1. Selection process for the third party billing company needs to be determined and/or finalized. One component in each of the application processes requires information about the specific company as well as some depository information. The Medicare application takes a minimum of one hundred twenty (120) days with the possibility of extending that timeline to one hundred eighty (180) days if information is inaccurate or questions need to be answered 2. Position and salary range needs to be approved by the Finance Committee and the Board of Supervisors in order for us to move forward with advertising and hiring the individual for this new position. 3. Standard Operating Procedures and/or Guidelines need to be developed prior to actual program implementation to ensure consistency throughout the fire and rescue system for the E.M.S. Billing Program. 4. Develop educational programs to be delivered to all of the E.M.S. Providers within the fire and rescue system about specific information that is now "required" on patient care reports for the purposes of billing. 5. Develop educational programs to be delivered in "Town Hall" meeting formats to educate the citizens of Frederick County and any attending visitors. 6. Many, many more tasks that will need to be completed by the E.M.S. Billing Manager and staff prior to full implementation. I Frederick County Fire and Rescue Department Proposed E.M.S. Billing Charges Charge Description H.C.P.C.S. Code Charge Amount B.L.S. Emergency Base Rate A0429 440.00 B.L.S. Non- Emergency Base Rate A0428 431.00 A.L.S. 1 Emergency Base Rate A0427 550.00 A.L.S. 2 Emergency Base Rate A0433 720.00 A.L.S. Non - Emergency Base Rate A0426 512.00 Mileage A0425 11.00/ Loaded Mile Talking points For Public Safety Committee June 3 2013 Since 2008 the Fire and Rescue Department has lost twenty -one (21) employees and we currently have thirteen (13) others in processes with other Departments across the Commonwealth. As a point of the matter we currently have sixty -five (65) funded operational staff positions. With the twenty -one (21) already lost and the potential for an additional thirteen (13) resigning, our turnover rate will be in excess of 52% of our entire operational staff. How does the loss of staff affect the county and its citizens? The loss of experienced personnel is a major safety issue for citizens and staff. I can't over emphasize the importance of experience. We typically have only two Firefighters per station, which leaves us extremely short staffed to begin with. Winchester for example, has four to five (4 -5) staff at each station per shift. Therefore it is imperative our staff is experienced. Having two (2) staff members without experience is extremely dangerous to life and limb to both us and the citizens we are charged with protecting. The property loss that may be experienced by our citizens and businesses is also an issue of major concern. We are not able to replace staff as quickly as they are leaving. We have had two back to back hiring processes recently. The first resulted in only two firefighters, and they have only the minimum qualifications with very little experience. The second process started with forty -five (45) registered and only twenty -one (21) showing up the day of testing. Five (5) failed the written test, one failed the physical agility, and three (3) were rejected after review of their applications. This leaves only twelve (12) in the current process. All are inexperienced, and after interviews, background checks, driver checks, polygraph, and pre - employment physical it is very doubtful we will get enough. to fill the four (4) current vacancies. This is evident from past hiring processes. The quality of applicants is just not there. This is largely due to the fact that our starting pay is the lowest in the area, our benefits package offers no more, and in some cases less than other departments and there is intense competition from those other departments. Those other departments are actively recruiting and hiring as well. Previously our staff would say "it's not worth driving across the mountain fighting all that traffic for just a couple thousand a year more ". That is simply not the case anymore. The difference is now significant and well worth the drive. If we cannot fill positions, it will result in pulling staff from some stations and relocating them to other stations in the county. This would leave some stations without guaranteed staffing and would result in an increased delay in response times. This puts the safety of our citizens, their property, and our staff being at an even greater risk. Those first few minutes are critical in saving the life of a cardiac arrest victim or someone's house that contains all their personal belongings, such as family heirlooms and photographs that are irreplaceable even with insurance. The increased response times will also result in increased ISO ratings for our citizens. M Talking points For Public Safety Committee June 3 2413 We will also have to use the Fire Marshals and Training Officers to staff stations. This would cause extensive delays in new building inspections and the suspension of the Volunteer Fire & EMS academies, which would cause a significant decline in our future volunteer staff, and. create even more staffing shortages. We will also have to resort to tremendous amounts of overtime to staff stations, which is very expensive. I should also mention that we have become a stepping stone for the benefit of other jurisdictions. Employees are working here to gain experience, then moving on to higher paying jobs. Every time we hire a new employee it costs the county a significant amount of money. The two we just hired cost the county $6,165.84 per employee for pre- employment physicals, gear and uniforms. Again, we currently have four (4) vacancies and the potential for thirteen (13) more. L 2! s LL L 00 1 lk� R g m CD N W L CID O � 4-J O s L. O 4-J O � co O .� O aJ U s 0 c� 4-J CL 4-J C O e� co D �: c� 4 U a--J U • — aJ (Ij e� =3 " W E O o 4-J L e� aJ C: 0 Ca � L a, C7 Ln (n C O m O C: c e C: aJ �s � O O s L o L 0 O C aJ N � . 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U - L- U s= c U L 4'j y-- T c O L L L L L O m E r' LZ o U � '0 O U O �p M o LL U L U t C O s= m - kn O a a c ,� Q c to .2 - a U O a x O$A w m m O O� C- r a ate+ E = cc oQ c 4-J a = c a m } M U 4J � L p U d U C C L- N U- C w Li Q U Q r4 {V M li Ln lD r I tV m 4 Ln CD i-Z co 0) r-I r-I r-I r-I rl rmi c-1 COUNTY OF FREDERICK Information Technologies (540) 665 -5614 MEMORANDUM TO: Board of Supervisors FROM: Walter T. Banks, IT Director DATE: June 5, 2013 RE: Board of Supervisors Information Technology Committee Report The Board of Supervisors Information Technology Committee met on Wednesday, June 5th, 2013 at 8:15 A.M.., in the First Floor Conference Room, County Administration Building 107 North Kent Street, Winchester, Virginia. Present were Gary Lofton, Chairman, Charles S. DeHaven, Jr., Quaiser Absar, and Todd Robertson. Committee members absent were: Brian Madagan. Others Present included: Sheriff Robert Williamson, Walter Banks, IT Director; John R. Riley, Jr., County Administrator, Kris Tierney, Assistant County Administrator; Matt Armstrong, The Winchester Star, and Alisa Scott, Administrative Assistant. The committee submits the following: ***Items Requiring Board Action * ** 1. Approval of the SunGard OSSI Software Implementation Project for Sheriff's Office and Public Safety in the amount of $397,420. The software is part of Phase III of the Sheriff s laptop initiative. The original quote for this project was $526,340. This item was presented to the Finance Committee at its April 17, 2013 meeting. The committee recommended staff enter into negotiations with vendor for Phase III the mobile project. At the April 24, 2013 meeting of the Board of Supervisors, the Board approved the committee's recommendation. Immediately following the permission to negotiate, staff entered into negotiations with the vendor and secured a final proposal price of $397,420, on May 16th. The proposed quote includes the final software components that provide the Sheriff's Deputies and Emergency Communications Personnel with the ability to securely work remotely while in the field. The negotiated amount of $397,420 has a time expiration of 30 days (expires June 17, 2013). Because of the critical timeline we are submitting this request directly to the Board of Supervisors for consideration. If approval is granted, staff can proceed with this purchase before the expiration date saving the County $128,920. 107 North Kent Street, Winchester, Virginia 22601 Upon a motion by Mr. DeHaven, seconded by Mr. Robertson the Committee unanimously recommended the Board of Supervisors approve a General Fund supplemental appropriation in the amount of $397,420 with funds to be taken from unreserved fund balance. (See Attachment.) ** *Items NOT Requiring Board Action * ** 1 Walter Banks gave updates in reference to the Phone Implementation Project that was ahead of schedule. Question arose regarding the difference between the phones and the network as important components. Network implementation being prior to phone implementation. 2 Walter Banks provided a Memo from Patrick Fly that provided the latest May update from Broadband Consultant Sandie Terry with CIT. Information was shared about the results of the data collected in partnership with CIT that completed Phase 1, Data Collection. Broadband Project is now moving into phase 2 which builds the business case for improvement. There was a discussion about the vertical assets being publically and privately owned. 3 Mr. Banks discussed the SunGard OSSI Software Implementation Project and Sheriff Williamson supported the need for Deputies and Public Safety Communications to have better access to communications while out in the field. Discussion amongst the group supported the project. 4 The Technology Committee retired into closed session, pursuant to Virginia Code Section 2.2- 3711(A)(1), for discussion of personnel matters. Respectfully Submitted, Gary A. Lofton, Chairman Charles Dehaven Jr. Walter T. Banks IT Director WTB Attachments 107 North Kent Street, Winchester, Virginia 22601 BOS Tech Committee What's New? Date: Wednesday . Update on Phone Implementation Project .June 5, 2013 r Update on Broadband Improvement Project Time: 8:15 am . Information on SunGard OSSI Software Implementation Project for Public Safety and Sheriff's Office e Action Required: Recommendation to move forward in the amount of $397,420 for approval at the next Board of Supervisors Meeting 107 North Kent Street, Winchester, Virginia 22601 COUNTY OF FREDERICK Information Technologies Patrick Fly, GIS Manager pfly@co.frederick.va.us Voice 540.722.8225 Fax 540.722.2169 MEMO To: BOS IT Committee From: Patrick Fly, GIS Manager Subject: Broadband Project Update Date: June 4, 2013 The Frederick County Broadband Management team met on May 30 for the presentation of the needs analysis findings by our consultant, CIT. Sandie Terry, Broadband Program Manager with CIT, explained that the County had received 2237 survey responses from the community and that this was an extremely good response. That has enabled them to generate statistically significant samples for all of Frederick County and Winchester. Some other finds presented at the May 30 meeting include: • 1/3 of the citizens reported that cost is a barrier to getting internet, especially in the rural areas where the average cost is over $50 per month. • Comcast is the largest internet provider with about 50% of the market mainly in the more urban areas, followed by Verizon Wireless with less than 12% of the market. • Frederick County has significant gaps in its broadband coverage, see attached map provided by CIT • Of the 177 vertical assets located in the County, 29% are publicly owned. • Frederick County has two major back haul providers that are in the County. They are using 3 separate routes out of the County. CIT has now started phase II of the Broadband project, which is to build a business case. In phase II CIT will be looking at local government and education telecommunications expenses along with the citizens and internet service providers to see where we can all benefit. On June 27 we will be hosting a public meeting in the board room, in which CIT will go over the needs analysis findings with the public and to give the public a chance to comment. We would encourage you to join us at that meeting to hear what the public has to say. As their feedback at that time will be critical to the success of this project moving forward. If you have any questions or concerns please let me know. 107 North Kent Street, Winchester, Virginia 22601 F � 107 North Kent Street, Winchester, Virginia 22601 COUNTY OF FREDERICK Information Technologies (540) 665 -5614 May 2013 Phone Implementation Project Status Current Network and Telephony System Assessment 4/8/13 5/16/13 Completed As a result of current interviews with all departments this action is Dial Plan Assessment 4/8/13 5/16/13 completed Devices naming conventions 4/8/13 5/16/13 Completed VLAN and IP address scheme 4/8/13 5/16/13 Completed Scalability and redundancy assessment 4/8/13 5/16/13 Completed Document the recommendations if any 4/8/13 5/16/13 Completed Gather user information including extension number, desk number, building name or number, floor etc 4/8/13 5/24/13 in- progress Develop, deliver and discuss micro level design document for Infrastructure 4/8/13 5/20/13 In- progress Acceptance of Design Document 4/8/13 5/23/13 Future Activity System Configuration & Testing at DSI Office 5/20/13 5/24/13 Future Activity 5/8/13 5/8/13 Completed Hardware Verification and 107 North Kent Street, Winchester, VirEinia 22601 Inventory Verify Received equipment against BOM 5/8/13 5/8/13 Completed Take Inventory and Put Asset Tag 5/24/13 5/24/13 Awaiting receipt of Asset Tags Hardware Inventory and Assembly 5/17/13 5/17/13 Completed (Except for Phones) Unpack all the Hardware, check for any hardware damages 5/17/13 5/17/13 Completed(Except for Phones) Assemble system components 5/17/13 5/17/13 Completed Power on all the Devices and make sure it works 5/17/13 5/17/13 Completed(Except for Phones) LAN Infrastructure Installation and Configuration 5/28/13 6/4/13 Future Activity Configure System Management 5/28/13 6/4/13 Future Activity Configure Security Settings 5/28/13 6/4/13 Future Activity Configure LAN Switching Settings 5/28/13 6/4/13 Future Activity Apply best practice configuration 5/28/13 6/4/13 Future Activity Configuring all the OF switches 5/28/13 6/4/13 Future Activity UC Application Installation and Configuration 6/10/13 6/14/13 Future Activity Unified Communications Installation and Configuration 6/10/13 6/14/13 Future Activity Cisco Unified Communications Managers Cluster 6/10/13 6/14/13 Future Activity 6/10/13 6/14/13 Future Activity CUCM Application 107 North Kent Street, Winchester, Virginia 22601 Installation Install Latest Patches for Communications Managers 6/10/13 6/14/13 Future Activity CallManager Initial Configuration 6/10/13 6/14/13 Future Activity Dial Plan & Features Configuration 6/10/13 6/14/13 Future Activity Verify & Test Configuration 6/10/13 6/14/13 Future Activity Cisco Unity Connection, Presence, CER, AC Cluster 6/10/13 6/14/13 Future Activity Unity Connection, , Presence, CER, AC Application Installation 6/10/13 6/14/13 Future Activity 107 North Kent Street, Winchester, Virginia 22601 Date Quote # Acct Mgr 05/16/13 MCKBQ2332 Matt Bartell Quote Prepared For: Frederick County, VA Sheriff Robert Williamson 1080 Coverstone Drive Winchester, VA 22602 Hardware is not included in this proposal. Ft Part Number Product Description Unit Price Extended Annual Price I Maintenance OSSI Message Switch 1 MCT -SWI STATE /NCIC MESSAGING SOFIWARE The Message Switch software includes a query interface from the SunGard OSSI Application to the State computer system and to the FBI /NCIC system via the state system. The Message Switch will allow for the following functions: Workstation -to- Workstation messaging State /NCIC query interface directly from the Data Entry window Automatic State /NCIC query on license plates from CAD Responses from the State will come back to the user in the message queue The Message Switch must run on Windows 2000 Server or higher, not a Workstation, due to Client Access License limitations of the workstation. PC Anywhere and an external modem are required on the Message Switch server. The Message Switch supports basic State /NCIC queries. All State /NCIC data entry functions must be performed with state supplied software or technology. 6 MCT -MIS LAN CLIENT LICENSE FOR MESSAGE SWITCH A client license is required for each CAD, RMS or JMS workstation connected to the Customers LAN or WAN to access SunGard OSSI's Message Switch. The Message Switch Client provides the following functions: Workstation -to- workstation messaging Mobile -to- workstation messaging (if mobile applications are licensed SunGard OSSI's standard State /NCIC queries $20,000.00 $20,000.00 $200.00 $1,200.00 SubTotal: $21,200.00 Mobile Computing (MCT) $3,200.00 $192.00 107 North Kent Street, Winchester, Virginia 22601 4000 OSSI Ct - High Point, NC, 27265 Phone: 336 - 878 -1657 Fax:407- 304 -4223 Email: matthew.bartell @sungardps.com Add -On Quote 1 1 Qty Part Number Product Description Unit Price F rice Maintenance 1 MCT- BMS -T5 BASE MOBILE SERVER SOF IWARE UP TO 150 WORKSTATIONS Server license of SunGard's Mobile Server Software to support up to 75 Mobile Units registered on the Message Switch (not concurrent mobile users. Mobile Server processes all mobile inquiries to SunGard's CAD and RMS databases. 120 MCT- CLIENT MCT CLIENT - DIGITAL DISPATCH Workstation license for the application software for the mobile unit allows the unit to receive and transmit digital (silent) dispatching, car -to -car and car -to- console messaging, premises and call information, magstripe reading (where available), perform local, State and NCIC queries, and receive search information and mugshots from RMS. Any additional hardware must be purchased separately. 120 MCT -MAP MCT CLIENT - MAPS Provides the ability for officers to view maps, automatically display the location of a CAD event, and view multiple layers of the same map available in CAD. Maps also allow officers the ability to pin map mobile search results. This module is a prerequisite for SunGard OSSI's Automatic Vehicle Locator (AVL) Module. $44,700.00 $44,700.00 $7,152.00 $600.00 $72,000.00 $11,520.00 $100.00 $12,000.00 $1,920.00 SubTotal: $128,700.00 Mobile Field Reporting (MFR) 1 MCT -MFR- REV -T5 REVIEW MODULE FOR FIELD REPORTING UP TO 150 $38,000.00 $38,000.00 $6,080.00 WORKSTATIONS The Field Review Module allows officers to submit reports wirelessly (via the RF Network for supervisor review. The supervisor may then approve the report or deny the report and return the report (via the RF Network ) to the officer for correction. Once approved, the reports are wirelessly submitted to the agency's RMS. This module supports up to 75 Mobile Units registered in the Message Switch (not concurrent mobile users. 120 MCT -MFR -OFF MFR CLIENT - BASE INCIDENT/ OFFENSE $720.00 $86,400.00 $13,824.00 The Incident /Offence Module provides the ability for officers to enter Incident Reports, Supplement Reports and Field Contacts on the mobile unit. Officers can also perform basic IBR or UCR edits on Incident Reports. The Module provides a notes field in each Module (Incident, Supplements and Field Contacts ) to capture narrative. 5 MCT - MFR- MBLN - CLIE MFR CLIENT- MOBLAN VERSION $400.00 $2,000.00 $320.00 NT Provides the ability for the officer to enter Incident Reports, Supplement Reports, Field Contacts and Supervisory Review on the agency's RMS LAN. Officers can also perform basic IBR or UCR edits on Incident Reports. The Module provides a notes field in each module (Incident, Supplements and Field Contacts ) to capture the narrative and also provides spell check capability. SubTotal: $126,400.00 Automatic Vehicle Locator 1 MCT - AVL - HOST AVL SERVER HOST LICENSE This is the CAD Server License of SunGard OSSI's Automatic Vehicle Locator (AVL) software. $35,000.00 $35,000.00 $5,600.00 5/16/2013 15:51:01 MCKBO2332 Page 2 of 6 1 1 Qty Part Number Product Description Unit Price F rice Maintenance 120 MCT -AVL- CLIENT MCT CLIENT -AVL $100.00 $12,000.00 $1,920.00 SunGard OSSI's Automatic Vehicle Locator (AVL) software for the mobile computer allows the user to have a "moving map display" in the vehicle and transmit their location back to CAD. CAD users are able to display and track vehicles equipped with SunGard OSSI's AVL. 6 MCT - AVL - CAD CAD CLIENT AVL LICENSE $1,400.00 $8,400.00 $1,344.00 SunGard OSSI's Automatic Vehicle Locator (AVL) software for the CAD workstation allows the communicator to view /track /find mobile units in the field. This product requires that the customer purchase maps. SubTotal: $55,400.00 Running SubTotal: $331,700.00 Implementation Services 1 MCT - PROJ -MGNT PROJECT MANAGEMENT SERVICES $10,720.00 $10,720.00 $0.00 Includes professional services from SunGard OSSI for management oversight and coordination with the Customer's project management, SunGard OSSI's internal resources and any third party vendors. Includes coordinating with the Customers Project Manager all SunGard OSSI related deliveries such as application software, implementation services, and scheduling of SunGard OSSI's resources with the Customer. Message Switch Implementation Services 1 MCT -SWI -INST INSTALLATION OF BASE MESSAGE SWITCH $2,800.00 $2,800.00 $0.00 Installation and setup of SunGard OSSI's Base Message Switch application software. The Message Switch must nm on Windows 2000 Server or higher. 1 MCT- SWI -IMPL IMPLEMENTATION OF BASE MESSAGE SWITCH $1,400.00 $1,400.00 $0.00 One (1) day of technical services to configure for State Access and to conduct Maintenance Training. MCT Implementation Services 1 MCT -IMPL MOBILE IMPLEMENTATION SERVICES $7,000.00 $7,000.00 $0.00 SunGard OSSI technical services for MCT system /data verification after the system administrator training and the code tables are built. This includes a SunGard OSSI representative on site the day MCT goes live. Includes two (2) days of on -site Technical Services; two (2) days of QA testing prior to user training, and one (1) day of on -site go -live. All implementation services are billed on a daily basis. If SunGard OSSI provides less than a day of service, it will be billed at the full daily rate. I MCT -BMS -INST INSTALLATION OF BASE MOBILE SERVER SOFTWARE $4,200.00 $4,200.00 $0.00 Installation of the base mobile server software includes configuration, setup, and testing on Customers server for mobile applications. Two (2) days of technical serivices for server build, ensure communications are working, connect to the message switch, and configure with mobile communications. One (1) days of QA services for application support and configuration to other applications. Also includes Maintenance Training and the installation of the digital dispatch /Mobile Field Reporting application software on up to five (5) mobile computers. 5/16/2013 15:51:01 MCKBO2332 Page 3 of 6 1 1 Qty Part Number Product Description Unit Price F rice Maintenance 1 MCT- MNT -TRN MCT MAINTENANCE TRAINING $1,280.00 $1,280.00 $0.00 Training for system administrators and key personnel (4 -6 people max. ) responsible for system configuration (including setting codes reflecting agency business practices) and maintenance. Topics include set -up of MCT on the server and on laptops and selection of system settings. Class duration = 1 day. 1 MCT- TTT -TRN MCT TRAIN THE TRAINER TRAINING $5,120.00 $5,120.00 $0.00 Up to Three (3) days of on -site training assistance, plus class preparation /follow up designed to prepare agency training staff for conducting MCT User Training. Maximum number of participants = 8. MFR implementation Services 1 MFR -IMPL IMPLEMENTATION FOR MOBILE FIELD REPORTING $2,800.00 $2,800.00 $0.00 Two (2) days of QA services to test OSSI MFR. 1 MFR -INST INSTALLATION MOBILE FIELD REPORTING $2,800.00 $2,800.00 $0.00 Two (2) days of QA services to install and configure OSSI MFR. Includes install and configuration of add on modules. 1 MFR- MNT -TRN MOBILE FIELD REPORTING MAINTENANCE TRAINING $3,840.00 $3,840.00 $0.00 Training for system administrators and key personnel (4-6 people max. ) responsible for system configuration (including setting codes reflecting agency business practices) and maintenance. Topics include setting up the MFR application on the server and laptops, report submission and approval, and key interactions with RMS. Class duration = 1 day. 1 MFR- TTT -TRN MOBILE FIELD REPORTING TRAIN THE TRAINER $8,960.00 $8,960.00 $0.00 TRAINING Up to Six (6) days of on -site training, plus class preparation /followup and assistance designed to prepare agency training staff for conducting MFR User Training. Maximum number of participants = 8. AVL Implementation Services 1 MCT- AVL -SERV AVL INSTALLATION AND TRAINING $2,800.00 $2,800.00 $0.00 One day on -site for installation and training of AVL. Training includes instruction for system administrators (4 -6 people max. ) on setting up and maintaining AVL, as well as instruction for end -users (10 people max. ) on using the application. SubTotal: $53,720.00 Estimated Travel & Living Expenses 1 MCT -TE TRAVEL EXPENSES FOR MCT IMPLEMENTATION $6,000.00 $6,000.00 $0.00 SERVICES Estimated Travel and Living expenses. Living expenses are budgeted for one travel day per trip and each day on site. The listed travel and living expense costs are a budget quote based on an estimate of the number of trips and the total number of days of on -site professional services that SunGard Public Sector provides. The Customer will be billed only for the actual cost of travel and living expenses per the terms of the contract. Changes or modifications to the project would be appropriately reflected in the travel and living. 5/16/2013 15:51:01 MCKBO2332 Page 4 of 6 1 1 Qty Part Number Product Description Unit Price F rice Maintenance 1 MCT -LE LIVING EXPENSES FOR MCT IMPLEMENTATION SERVICES $6,000.00 $6,000.00 $0.00 Estimated Travel and Living expenses. Living expenses are budgeted for one travel day per trip and each day on site. The listed travel and living expense costs are a budget quote based on an estimate of the number of trips and the total number of days of on -site professional services that SunGard Public Sector provides. The Customer will be billed only for the actual cost of travel and living expenses per the terms of the contract. Changes or modifications to the project would be appropriately reflected in the travel and living. SubTotal: $12,000.00 This quote is valid until 06 /17/13 T� 1 $397,420.00 $5�0 5/16/2013 15:51:01 MCKBO2332 Page 5 of 6 This Quote constitutes a Supplement to the Contract and Agreement by and between the parties hereto. Except as otherwise provided herein, all terms and conditions of the Contract and Agreement shall remain in full force and effect. As applicable for certain customers, the term "Contract and Agreement" is defined as the Software License & Services Agreement and the License Program Support Agreement between the parties hereto. Should Customer terminate this agreement per the "Term of Contract" Section of the Contract and Agreement, the Customer agrees to pay, immediatelyupon termination, the remaining balance for all hardware, software, and services delivered prior to the termination date together with travel reimbursements, if any, related to the foregoing. Notwithstanding any language in the Contract and Agreement to the contrary, the purchase of support services is NOT necessary for the continuation of Customer's License. Licensed Program (s) are provided in and maybe used in machine - readable object code form only. SunGard Public Sector offers the Customer, through a third party escrow agent, a Source Code Escrow Agreement that provides for release of the source code version of the Licensed Program(s) from escrow upon the occurrence of certain release events, such as SunGard Public Sector's failure to provide required maintenance services as agreed. Applicable taxes are not included, and, if applicable, will be added to the amount in the payment of invoice(s) being sent separately. Travel and living expenses are in addition to the prices quoted above and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. The SunGard Public Sector application software warranty shall be for a period of one (1) year after Delivery. There is no Testing and Acceptance period on the Licensed Program(s) herein. Any interfaces listed above are interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate third party vendor. Preprinted conditions and all other terms not included in this Quote or in the Contract and Agreement, stated on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Contract and Agreement and any amendments thereto shall control unless expressly accepted in writing by SunGard Public Sector to Customer. Third party hardware/ software maintenance and /or warranty will be provided by the third party hardware and software manufacturer(s). Sun Gard Public Sector makes no representations as to expected performance, suitability, or the satisfaction of Customers requirements with respect to the hardware or other third party products specified in this Quote. The return and refund policy of each individual third party hardware/ software supplier shall apply. This Agreement is based on the current licensing policies of each third party software manufacturer as well as all hardware manufacturers. In the event that a manufacturer changes any of these respective policies or prices, SunGard Public Sector reserves the right to adjust this proposal to reflect those changes. This Quote shall be effective notwithstanding any provisions as to non - availability of funds contained in the Contract and Agreement. The date of delivery is the date on which SunGard Public Sector delivers, F.O.B. SunGard Public Sectors place of shipment, the Licensed Program(s) to Customer. For training and on -site project management sessions which are cancelled at the request of Customer within fourteen (14) days of the scheduled start date, Customer is responsible for entire price of the training or on -site project management plus incurred expenses. Payment Terms are as Follows: License, Project Management, Hardware and Third Party Software Fees are due upon execution of this Quote. Installation is due upon completion. Custom Modifications, Development, Conversion, Hardware and Third Party Software Implementation is due 50% on execution of this Quote, and 50% due upon invoice, upon completion. Unless otherwise provided, other Professional Services are due monthly, as such services are delivered. Additional services, if requested, will be invoiced at then- current rates. Training and Travel /Living expenses are due as incurred monthly. Any shipping charges shown are estimated only - actual shipping charges will be due upon delivery. SunGard Public Sector Application Annual Support - the initial term of Maintenance and Support Services is included in License Fees and begins upon execution of this Quote and extends for a twelve (12) month period. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period. Support fees shown for the second term of support shall be due prior to the start of that term. Fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Third Party Application Annual Support Fees -payment terms shall be as provided by the Third Party to Customer with the exception that any fees listed above for the initial term of support are due upon execution of this Quote. Accepted: Frederick County, VA Signature Date Printed Name 5/16/2013 15:51:01 MCKBO2332 Page 6 of 6 CIT BROADBAND C E N T E R f 0 R 1 N N 0 V A T 1 V E T E C H N 0 t 0 0 Y BI- WEEKLY PROJECT STATUS REPORT FREDERICK COUNTY COMMUNITY TELECOMMUNICATIONS PLAN PERIOD ENDING: MAY 24, 2013 PROJECT STATUS SUMMARY WORK Percent Complete: 50% Scope ost Quality IME Project is slightly ahead of schedule. WORK COMPLETED LAST PERIOD Needs Assessment continued with • Pull of vertical assets and identification of key existing assets • Completed load of data from Frederick County • Reviewed all assets and identified key vertical assets. • Review of existing service areas o Reviewed cell coverage areas • Potential Fiber Needs • Reviewed Frederick County planning report that identified business districts. • Reviewed existing commercial fiber locations (upstream providers). • Recommended 3 areas of focus for Virginia Tech CGTT to perform routing later in project. • Census Tract Prioritization o Prioritized census tracts based on CAI locations and population density and gaps in reported coverage areas. • Current State Data • Researched commuting out of area for work statistics since ability to support teleworking is one of the stated goals. • Reviewed the county's cable franchise agreement. • Pulled latest data from state broadband initiative tellihealth survey conducted at end of 2012 to identify the use by major medical facilities serving the city and the county. • Citizen survey was re- advertised by Frederick County beginning March 22. • Frederick County provided data from the survey on May 8th • Began review of the survey data and have begun formatting the findings for inclusion in the report. WORK PLANNED FOR NEXT PERIOD May 23, 2013 CIT BROADBAND C E N T E R F O R 1 N N 0 V A T 1 V E T E C H N 0 t 0 0 Y • Complete survey data analysis. • Prepare Needs Assessment phase finding for presentation to the Broadband Project Management Team on May 30 • Gather feedback from Needs Assessment review and apply changes. Close Needs Assessment phase. • Review County and City policies and permit fees to begin the Business Case Analysis phase. • County and City to gather local government and CAI telecom annual expenditures. (Due June 10) • Complete provider interviews including electric coops. • Review electric coop pole attachment fees and requirements. OPEN ISSUES • None OPEN RISKS None at this time DELIVERABLES This section is a quick table which shows the status of the project milestones and deliverables. The first column is for the name of the Milestone or Deliverable as it's in the project plan. Planned is the planned date according to the approved project plan, the forecasted is the date you expect and actual is the actual date the milestone was met or deliverable was delivered. The status is a simple one or two word status such as; completed, on schedule, behind schedule, accepted, etc. Deliverable Planned Forecasted Actual Status Needs Assessment 5 -24 -13 5 -29 -13 In- process Business Case Analysis 7 -15 -13 7 -19 -13 Funding Options 7 -26 -13 7 -26 -13 Document Plan 8 -26 -13 8 -26 -13 Deliver Plan 8 -30 -13 8 -30 -13 May 23, 2013 2 COUNTY of FREDERICK Department of Planning and Development 5401665 -5651 Fax: 5401665 -6395 Eric R. Lawrence, AICP Director TO: Board of Supervisors FROM: Eric R. Lawrence, AICP, Planning Director SUBJECT: Development Impact Model — Oversight Committee Report from Meeting on May 15, 2013 DATE: June 3, 2013 The Development Impact Model — Oversight Committee (DIM -OC) met on Wednesday, May 16, 2013 at 10:00 AM. Members Present J.P. Carr Robert Hess Dr. John Lamanna Gary Lofton Brian Madigan H. Paige Manual Kris Tierney Members Absent Stephen Pettler Roger Thomas Patrick Barker, Randy Jones, Eric Lawrence, and Al Orndorff were present. ** *Item Requiring Action * ** The DIM -OC reviewed the critical inputs for the Annual Update of the Development Impact Model (DIM). The inputs are essential in order to maintain an updated DIM. It is important to note that the DIM is a planning tool which projects anticipated operational and capital facility costs associated with land use planning, although the DIM is also commonly referenced as the model utilized to project the capital facility costs associated with development and rezoning proposals. 107 North Kent Street e Winchester, Virginia 22601 -5000 Page 2 DIM -OC Report June 3, 2013 Upon approval of the DIM -OC's recommendation, staff will use the updated model in the consideration of land use planning analysis and for future rezoning petitions. The critical input spreadsheet (Attachment #1) and resulting projected capital facilities costs (Attachment #2) are attached for your information. Upon utilizing the critical input updated figures, the DIM projects the following impacts on the County's capital facilities: NEW FY14 FY13 Single Family Dwelling Unit = $ 19,600 $ 18,507 Town Home Dwelling Unit = $ 13,062 $ 12,354 Apartment Dwelling Unit = $ 11,339 $ 9,983 By majority vote, the DIM -OC recommends the use of the critical inputs, and for their incorporation into model. * ** Informational Purposes Only * ** The DIM -OC continued to discuss and understand how school facility costs were derived. Randy Jones, Senior Vice President of OWPR, the School Board's architecture and engineering firm, offered an overview of the extensive analysis undertaken to provide the School Board with estimates for new school facilities. The cost estimates are consistent with the adopted CIP, and include both hard and soft costs associated with constructing and opening a new school facility. Discussion included concern that including soft costs in the DIM may be inappropriate. The soft costs include a facility's technology and furniture, and typically represent 20 percent of a project's total costs. Following the meeting, staff contacted Carson Bise, of Tischler -Bise economic consultants and the DIM's creator, who confirmed that the DIM was designed and intended to reflect both hard and soft costs of establishing a new facility. The DIM -OC inquired into how much value do cash proffers, one outcome of using the DIM, actually bring to the county. One comment at the DIM -OC meeting suggested that cash proffers could equate to $20,000,000 annually. Following the DIM -OC meeting, staff consulted with the Finance Department and learned that since 1995, a total of $9,229,575 has been received in cash proffer payments. During the some time period, approximately $26,000,000 in cash proffers has been committed as part of a rezoning application, to be paid in the future as structures are constructed. Page 3 DIM -OC Report June 3, 2013 The DIM -OC recognized that the county's planned implementation of a fee for service revenue recovery program for fire and rescue may warrant a revision to the DIM to reflect the future fee for service recovery revenue. Once the county establishes the recovery program, and realizes revenue recovery, the DIM could be revised. It was noted that the revenue recovery program does not address all aspects of emergency service and therefore any revision to the DIM would modify and not eliminate the fire and rescue module in the DIM. Revisions to the DIM pertaining to fire and rescue could be considered in future year DIM critical input updates. Please contact staff should you have questions. 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LL O // LL c • c LL o c —_ U M c_ LL � cn m • �+ L fB O LL �+ O_ cB U to +--� c U L C: ++ a) >+ cn _ a) cB L U N N a) a) �. O c O c N + v CY) cn rn N a) v c c v p p 3 O O O C cn cn >= L a) O c L cu O fB .L a) cu 0 a U cn m cn a s m cn 0 O� U) 3: L� 7 a) C� Q U 3: =3 (1) 0 Q 0 m O N f0 2 CL Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. PENDING The Board of Supervisors authorized use of the annual model update on June 12, 2013. The DIM projects that, on average, residential development has a negative fiscal impact on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after July 1, 2013 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $ 19,600 Town Home Dwelling Unit = $ 13,062 Apartment Dwelling Unit = $ 11,339 The following is a breakdown of the projected impacts per dwelling unit for each capital f acility. Capital facility Single Family Town home Apartment Fire And Rescue $564 $419 $425 ...................................................................................................................... ... ........ ... ...... ... ..... General Government - tea $43 $33 $33 Public Safety $0 $0 $0 Library .......................................................................................................................................... $496 ........ .. ... .. ............ ... ........ ... ...... ... ..... $379 $379 Parks and Recreation $1766 $1,350 $1,350 School Construction ....... .. ....... ........ $16,731 ........ ............ ... ........ ... ...... ... ..... $10,881 $9,152 Total $19,600 $13,062 $11,339 The projected capital expenditures depicted above do not include a credit for future real estate taxes. A "read- only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 05/06/2013 REZONING APPLICATION #02 -13 FAIRFAX PIKE/VDOT LANE COMMERCIAL Staff Report for the Board of Supervisors Prepared: June 3, 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 05/15/13 Recommended Approval Board of Supervisors: 06/12/13 Pending PROPOSAL To rezone 3.61 acres from BI (Neighborhood Business) District to B2 (General Business) District with proffers. LOCATION The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately' /2 mile east of Interstate 81 Exit 307. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/12/13 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 3.61 acres of land from the B 1 (Neighborhood Commercial) District to the B2 (Business General) with proffers, to accommodate commercial uses. The B2 (Business General) land use proposed in this rezoning is generally consistent with the Route 277 Urban Center Plan and the 2030 Comprehensive Plan. The impacts associated with this request have generally been addressed by the Applicant and the adjacent properties have been considered in this rezoning application. With this rezoning, the applicant has proffered to dedicate the necessary right -of- way to enable the Route 277 improvement project to occur and has coordinated the access to this development to further implement the Route 277 plan. In addition, the Applicant has proffered a monetary contribution in the amount of $35,000 to assist in other transportation improvements. The Applicant made a minor revision to the proffer statement (Revision Date; May 17, 2013) to open this contribution up to any approved Revenue sharing projects in Frederick County. Previously, this had been specifically for the Renaissance Drive Phase 2 project. The Frederick County Planning Commission recommended approval of this request with the above noted minor modification to the proffer statement. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #02 -13 Fairfax Pike/VDOT Lane Commercial June 3, 2013 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/15/13 Recommended Approval Board of Supervisors: 06/12/13 Pending PROPOSAL To rezone 3.61 acres from BI (Neighborhood Business) District to B2 (General Business) District with proffers. LOCATION The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately 1 /2 mile east of Interstate 81 Exit 307. MAGISTERIAL DISTRICT Opequon PROPERTY ID NUMBERS 86 -A -14 and 86 -A -15 PROPERTY ZONING B1 (Neighborhood Business) PRESENT USE Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: RP (Residential Performance) B 1 (Neighborhood Business) South: B2 (Business General) East: B 1 (Neighborhood Business) West: B2 (Business General) B 1 (Neighborhood Business) Use: Residential Residential Use: Commercial Use: Commercial Use:. Residential VDOT Headquarters Rezoning #02 -13 Fairfax Pike/VDOT Lane Commercial June 3, 2013 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the revised rezoning application for the Fairfax Pike/VDOT Lane Commercial Properties as received by this office on April 11, 2013, for impacts to the local transportation system. VDOT supports this rezoning in its current format. Fire and Rescue: Plan approved. Public Works Department: We have completed our review of the rezoning application for the proposed commercial development at the intersection of Fairfax Pike and VDOT Lane. Based on this review, we offer the following minor comments: 1. Refer to Site Drainage on Page 8. Change east to west of the Food Lion Plaza development. 2. At the site plan design phase, include an analysis of the downstream stormwater conveyance system until the runoff reaches the drainage channel on the south side of Fairfax Pike. Alternative stormwater management systems should be considered in future site plan designs. Department of Inspections: N/A Frederick County Sanitation Authority: Per your request, a review of the proposed rezoning has been performed. The Frederick County Sanitation Authority offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area served by the Authority. Based on the anticipated usage, water capacity is presently available. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Conveyance capacity and layout will be contingent on the applicant performing a technical analysis the existing sanitary sewer system within the area to be served and the existing collection main. Both water and sanitary sewer facilities are located within a reasonable distance from this site. Please be aware that the Authority does not review or comment upon proffers and /or conditions proposed or submitted by the applicant in support of or in conjunction with this application for rezoning, nor does the Authority assume or undertake any responsibility to review or comment upon any amended proffers and /or conditions which the Applicant may hereafter provide to Frederick County. Service Authority: N/A Frederick - Winchester Health Department N/A Parks & Recreation: N/A Winchester Regional Airport: Proposed rezoning should not have an impact on operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated March 12, 2013, from Roderick B. Williams, County Attorney. Rezoning #02 -13 Fairfax Pike/VDOT Lane Commercial June 3, 2013 Page 4 Planning Department: Please see attached memo dated March 22, 2013, from Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned B -1 (Neighborhood Business). The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [.and T ve_ The 2030 Comprehensive Plan and the Route 277 Triangle and Urban Center Land Use Plan provide guidance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with an Urban Center land use designation. In general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan as the urban center designation promotes both commercial and residential land uses in a mixed use environment. This general area contains both uses. Site Access and Transportation. Route 277 is identified as a minor arterial road. Transportation improvements to Route 277, Fairfax Pike, are planned on the VDOT Six -Year Improvement Plan. Therefore, it is not anticipated that this project constructs improvements to Route 277, rather, dedicates appropriate right -of -way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation improvements resulting from the impacts of this new development; further, that the value of any contribution has a nexus to the project and its impacts. Rezoning #02 -13 Fairfax Pike/VDOT Lane Commercial June 3, 2013 Page 5 The provision of a shared right -in -right -out entrance is proposed. Given the anticipated separated median design for Route 277, such an approach may work in this location. In general additional entrances on Route 277 are to be avoided. Inter parcel connectivity has been provided between the two properties. The proposed relocation of VDOT Lane to the west to align with the existing entrance to the shopping center will not have an impact to the entrance proposed on VDOT Lane. The Applicant has worked with VDOT and Mr. Bishop, Frederick County Transportation Planner, to ensure that the proposal fits in with the preliminary engineering and design work for the Route 277 improvement project. 3) Site Suitability /Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The Frederick County Engineer has requested that an analysis of the downstream stormwater conveyance system until the runoff reaches the drainage channel on the south side of Fairfax Pike will be needed as part of the detailed site plan design. 4) Potential Impacts The subject properties are currently zoned B1 (Neighborhood Business). Therefore, the rezoning of these properties to the B2 (Business General) district will have the potential to generate additional impacts. However, it is recognized that the impacts associated may not be as significant as if this property was zoned RA (Rural Areas). The Applicant has made commitments to address the additional impacts associated with this request. 3) Proffer Statement — Dated January 25, 2013 and revised on April 11, 2013 (Final Revision date May 17, 2013) A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan. The Plan identifies the properties to be developed and recognizes the transportation and access related commitments made with this rezoning application; including the Route 277 right -of- way dedication area, access to and from the site via a right -in -right -out entrance on Route 277 and a full entrance on VDOT Lane, and the inter parcel ingress /egress easement. B) Land Use The application's proffer statement does not place any limitation on the amount of commercial development that may occur on this property. Rezoning #02 -13 Fairfax Pike/VDOT Lane Commercial June 3, 2013 Page 6 C) Access Management. Access to the property will be via a right -in -right -out entrance on Route 277 and a full commercial entrance on VDOT Lane. A 50 foot ingress /egress easement will be located at this full commercial entrance and will ensure inter parcel access to the eastern parcel, Parcel 86 -A -14. D) Transportation The proffer statement provides for 20 foot of right -of -way dedication along Route 277 in support of the Route 277 Improvement Project. As noted previously, transportation improvements to Route 277, Fairfax Pike, are planned on the VDOT Six -Year Improvement Plan. Therefore, it is important that the access to this site reflects the design of the improvements anticipated with the VDOT Six -Year Plan Project. The above proffered access improvements are consistent with this project. The application addresses the relocation of VDOT Lane in the future by ensuring the entrance to this property is located so as to fit in with the design for the realignment. In addition, this application has proffered a monetary contribution in the amount of $35,000.00 to transportation improvements elsewhere in the County. More specifically, for the off -site transportation improvements associated with the Renaissance Drive — Phase 2 Revenue Sharing Project. The Applicant believes that the value of this contribution has a nexus to the project and its impacts. The Applicant made a minor revision to the proffer statement (Revision Date; May 17, 2013) to open this contribution up to any approved Revenue sharing projects in Frederick County. Previously, this had been specifically for the Renaissance Drive Phase 2 project. E) Community Facilities This application proffers a monetary contribution in an amount of $0.05 per building square foot for Fire and Rescue Services. STAFF CONCLUSIONS FOR THE 05115113 PLANNING CONUMSSION MEETING: This is an application to rezone a total of 3.61 acres of land from the B 1 (Neighborhood Commercial) District to the B2 (Business General) with proffers, to accommodate commercial uses. The B2 (Business General) land use proposed in this rezoning is generally consistent with the Route 277 Urban Center Plan and the 2030 Comprehensive Plan. The impacts associated with this request have generally been addressed by the Applicant and the adjacent properties have been considered in this rezoning application. With this rezoning, the applicant has proffered to dedicate the necessary right -of- way to enable the Route 277 improvement project to occur and has coordinated the access to this Rezoning #02 -13 Fairfax Pike/VDOT Lane Commercial June 3, 2013 Page 7 development to further implement the Route 277 plan. In addition, the Applicant has proffered a monetary contribution in the amount of $35,000 to assist in other transportation improvements. Following the required public hearinz, a recommendation rezardinz this rezonin," application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. PLANNING CONUMSSION SUMMARY & ACTION OF THE 5115113 MEETING The applicant's representative, Mr. Evan Wyatt with Greenway Engineering, stated considerable time was spent working with VDOT and the County's Transportation Planner. The applicant was encouraged not to seek a full access entrance on Route 277 for the internal parcel; instead they developed a full access off VDOT Lane which would serve both properties. In return, VDOT gave the applicant an exception for the spacing requirement for the right -in, right -out entrance. The second issue was the relocation of VDOT Lane when the widening of Route 277 occurs. The applicant wanted to make sure the siding of his entrance was done so that it would not have to be ripped out when the improvement occurred; therefore, the entrance was moved a little further back from the corner clearance requirement. Mr. Wyatt commented the applicant was the local match for the Renaissance Drive, Phase 1 improvements. Phase 2 was targeted by the applicant because it is a priority project for the County. He suggested the possibility of having the applicant's monetary proffer available for a local match for a qualifying revenue sharing project; therefore, if for any reason, Renaissance Drive does not materialize, the $35,000 is still available to the County for a local match for another qualifying revenue - sharing project. Mr. Wyatt said the applicant would be agreeable with amending this section of the proffer before it goes to the Board, if the Planning Commission believes it would be appropriate. Members of the Commission asked the applicant if the project site was anticipated to be developed before Fairfax Pike (Rt. 277) is improved. Mr. Wyatt believed there would be the opportunity for one of the two lots to develop and would most likely be some type of retail or food service. A Commission member inquired if the relocation of VDOT Lane would occur regardless of the proposed rezoning; Mr. Wyatt replied yes, the widening will include two travel lanes east and two travel lanes west with a center median. In addition, VDOT Lane will tie into a cross intersection with the entrance into the Food Lion Plaza. One adjoining property owner spoke and wanted to know how the rezoning would impact his property. He also had questions on the scope of the project and why the parcel needed to be rezoned for this particular project. A motion was made, seconded, and passed by a majority vote for a recommendation of approval of the rezoning with the understanding that before going to the Board of Supervisors, the language for the monetary proffered contribution of $35,000 will be amended from being specific to Renaissance Drive to being generalized for a qualifying revenue project elsewhere in the County. (Note: Commissioners Thomas, Crockett, and Crosen were absent from the meeting.) Rezoning #02 -13 Fairfax Pike/VDOT Lane Commercial June 3, 2013 Page 8 EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/12/13 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 3.61 acres of land from the B 1 (Neighborhood Commercial) District to the B2 (Business General) with proffers, to accommodate commercial uses. The B2 (Business General) land use proposed in this rezoning is generally consistent with the Route 277 Urban Center Plan and the 2030 Comprehensive Plan. The impacts associated with this request have generally been addressed by the Applicant and the adjacent properties have been considered in this rezoning application. With this rezoning, the applicant has proffered to dedicate the necessary right -of- way to enable the Route 277 improvement project to occur and has coordinated the access to this development to further implement the Route 277 plan. In addition, the Applicant has proffered a monetary contribution in the amount of $35,000 to assist in other transportation improvements. The Applicant made a minor revision to the proffer statement (Revision Date; May 17, 2013) to open this contribution up to any approved Revenue sharing projects in Frederick County. Previously, this had been specifically for the Renaissance Drive Phase 2 project. The Frederick County Planning Commission recommended approval of this request with the above noted minor modification to the proffer statement. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 86A6 86A7 Ong C C 86 A 16 0 C? _ 86D 4 18A 86D 861Q 49 6 86 A 15A DID 865 REZ021 3 a U0G1 PREZ02�13� maw PSI FAIRFAX PIKE O w Applications Q Parcels Building Footprints 131 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) - R4 (Residential Planned Community District) R6 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 86 A 18 i 1 f 86 A l0A c G� � 86 A T3 I GiG� R'�l o r o. 1l1�77rYJ �G� � ■ r G,pcy 1 ■ 0 PIKE ±� 1. Note: REZ # 02 - 13 Frederick County Dept of Fairfax Pike / VDOT Planning & Development 07 N Kent St e Lane Commercial suite 202 PINS: Winchester, VA 22601 86 -A- 14,86 -A -15 540- 665 -5651 3.61 Acres B -1 to B -2 Map Created: April 24, 2013 Staff: mruddy 0 80 160 320 Feet Greenway Engineering January 25, 2013 Fairfax Pike /VDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT REZONING: RZ# Neighborhood Business (B1) District to Business General (132) District with Proffers PROPERTY: 3.61 -acres + / -; Tax Parcels 86 -A -14 & 86 -A -15 RECORD OWNER: Bowman - Shoemaker Companies, Inc., & Elizabeth Properties, L.C. APPLICANT: Bowman - Shoemaker Companies, Inc., & Elizabeth Properties, L.C. (here -in after the "Owner ") PROJECT NAME: Fairfax Pike /VDOT Lane Commercial ORIGINAL DATE OF PROFFERS: January 25, 2013 REVISION DATE: May 17, 2013 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 3.61± -acres of Neighborhood Business (131) District to 3.61± -acres of Business General (132) District with proffers; development of the subject properties ( "Property ") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any successors, or assigns of the Owner. The Property, identified as Fairfax Pike /VDOT Lane Commercial, and more particularly described as the land owned by Bowman - Shoemaker Companies, Inc., being all of Tax Map Parcel 86 -A -14, further as shown on the plat titled Plat Showing Property of James L. Bowman, by J.R. Nicely dated April 27, 1972, and the land owned by Elizabeth File #5510 /EAW 1 Greenway Engineering January 25, 2013 Fairfax PikeNDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 Properties, L.C., being all of Tax Map Parcel 86 -A -15, further as shown on the plat titled Plat of the Division of the Land of Pine Investment Corp, by J.R. Nicely dated July 28, 1975, revised September 9, 1975. FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT A. Generalized Development Plan 1) The Owner hereby proffers to develop the Property in substantial conformance with the Generalized Development Plan (GDP) prepared by Greenway Engineering, dated April 10, 2013, and approved as part of this rezoning application. The GDP is intended to delineate the general location of the Fairfax Pike (Route 277) right -of -way dedication area, the general location of the shared right- in/right -out commercial entrance on Fairfax Pike, the general location of the full access commercial entrance along VDOT Lane (Route 1018), the general location of the 50' ingress /egress easement on Tax Map 86 -A -15 that is intended to provide inter - parcel connection and access to VDOT Lane for Tax Map 86 -A- 14, and the general location of the 50' full screen buffer adjacent to the Freeton Townhouse Subdivision. The final locations of the commercial entrances and the inter - parcel connection can be adjusted to accommodate final engineering design requirements without the need to revise the GDP provided that the final engineering design is consistent with the overall layout depicted on the GDP. B. Transportation 1) The Owner hereby proffers to dedicate a right -of -way area along the frontage of Tax Map 86 -A -14 and Tax Map 86 -A -15 that is 20' in width for the future widening of Fairfax Pike. The Owner will delineate the 20' right -of -way dedication area on the Site Development Plans for these properties if development activities occur in advance of the Fairfax Pike widening project. The Owner will dedicate the 20' -wide right -of -way to VDOT at such time that it is requested for the Fairfax Pike widening project. 2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a right- in/right -out commercial entrance, which meets all applicable VDOT requirements. The right- in/right -out commercial entrance shall be designed, approved, and constructed with the first Site Plan for the Property. The Owner will ensure that a reciprocal ingress /egress easement and maintenance agreement is established for the right -in /right -out commercial entrance serving the Property. File #5510 /EAW 2 Greenway Engineering January 25, 2013 Fairfax Pike /VDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 3) The Owner hereby proffers to develop one full access commercial entrance along VDOT Lane that will serve Tax Map 86 -A -14 and Tax Map 86 -A -15. The Owner will ensure that the full access commercial entrance is located a minimum of 225' from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate corner clearance. 4) The Owner hereby proffers to provide a 50' ingress /egress easement across Tax Map 86 -A -15 in the general location depicted on the proffered GDP to provide for inter - parcel access and connectivity to VDOT Lane for Tax Map 86 -A -14. The Owner will ensure that a reciprocal ingress /egress easement and maintenance agreement is established for the 50' ingress /egress easement serving the Property. C. Monetary Contributions 1) The Owner hereby proffers to provide $35,000.00 to Frederick County to be utilized as part of the local share match for qualifying off -site transportation improvements associated with an approved Revenue Sharing project. The Owner shall provide the $35,000.00 to Frederick County at the time that Frederick County provides written request for this monetary contribution. 2) The Owner hereby proffers to provide a monetary contribution of $0.05 per square feet of structural development on the Property for general fire and rescue services. The Owner shall provide the appropriate monetary contribution amount for each structure prior to the issuance of the Certificate of Occupancy Permit for each structure developed on the Property. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES File #5510 /EAW 3 Greenway Engineering Signature January 25, 2013 Fairfax Pike /VDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: i Bo man - Shoemaker Companies, Inc. Date Commonwealth of Virginia, City/ (ounty of F�-2ae yi c k To Wit: The foregoing instrument was acknowledged before me this AiLi day of Jug ')e- 20 1 - -2 D by T)e— e, 'r (eY J 8 FS VNDCrACkeV - 1 iC[C ✓) Notary Public My Commission Expires Ee- b, 2 2-0 1 L, o �r u :v OF - • 1 1� f 4 v 101 "I 1611� File #5510 /EAW Greenway Engineering Signature January 25, 2013 Fairfax PikeNDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 The conditions proffered above shall be binding upon the successors and assigns Of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code, Respectfully Submitted: Eliz46th Properties, L.C. Date Commonwealth of Virginia, City (Ounty f P�eyick— To Wit: The foregoing instrument was acknowledged before me this 4 day of J U ✓1A!L 20� by 1°x�r le Notary Public My Commission Expires -Fe U, _ - -5 2_01 R4 t; Vo i10 ") 14 Z-t �, l 0 U oil :v OF M A /�� � e �f 11 a� �•• � a. �� 1' • ?`� 11 1[, .•' � � O File #5510 /EAw Untitled Stationery Evan Wyatt From: Rod Williams [rwillia @co.frederick.va.us] Sent: Friday, May 24, 2013 2:40 PM To: Evan Wyatt Cc: Mike Ruddy Subject: RE: Fairfax Pike/VDOT Lane Proffer Revision Evan, The revision looks fine to me. Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722 -8383 Facsimile: (540) 667 -0370 E -mail: rwiilia @co.frederick.va.us From: Evan Wyatt [mailto:ewyatt @greenwayeng.com] Sent: Tuesday, May 21, 2013 11:46 AM To: Rod Williams; Mike Ruddy Subject: Fairfax Pike /VDOT Lane Proffer Revision Hi Rod and Mike, I have attached the proposed revision to the Proffer Statement to reflect what was discussed at the 5 -15 Planning Commission meeting. Please advise me if this new language works and I will get Bev to sign the final proffer for the 6 -12 Board meeting. Thanks, Evan GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Phone: 540 - 662 -4185 Fax: 540 - 722 -9528 Visit us on the web at www.izreenwaven)z.com to learn about exciting new services offered by Greenway Engineering: Laboratory Services, Water Sewer, Maintenance / Monitoring, ESA Phase I, Wetlands and more. N A Please consider the environment before printing this CONF"lDENI ALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use. distribution or disclosure by others is strictty prohibited. If you have received this communication in error, please notify the sender im-mediately by email and delete the message and aiiy file attachments from your cc>mputc Thank vou. Page 1 of 1 6/4/2013 Greenway Engineering January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT REZONING: RZ# Neighborhood Business (B1) District to Business General (132) District with Proffers PROPERTY: 3.61 -acres +/-; Tax Parcels 86-A-14 & 86-A-15 RECORD OWNER: Bowman-Shoemaker Companies, Inc., & Elizabeth Properties, L.C. APPLICANT: Bowman-Shoemaker Companies, Inc., & Elizabeth Properties, L.C. (here-in after the "Owner") PROJECT NAME: Fairfax Pike/VDOT Lane Commercial ORIGINAL DATE OF PROFFERS: January 25, 2013 REVISION DATE: Apf-il 11, May 17, 2013 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 3.61±-acres of Neighborhood Business (BI) District to 3.61±-acres of Business General (B2) District with proffers; development of the subject properties ("Property") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any successors, or assigns of the Owner. The Property, identified as Fairfax PikeNDOT Lane Commercial, and more particularly described as the land owned by Bowman - Shoemaker Companies, Inc., being all of Tax Map Parcel 86-A-14, further as shown on the plat titled Plat Showing Property of James L. Bowman, by J.R. Nicely dated April 27, 1972, and the land owned by Elizabeth File#5510/EAW 1 Greenway Engineering January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 Properties, L.C., being all of Tax Map Parcel 86 -A -15, further as shown on the plat titled Plat of the Division of the Land of Pine Investment Corp, by J.R. Nicely dated July 28, 1975, revised September 9, 1975. FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT A. Generalized Development Plan I ) The Owner hereby proffers to develop the Property in substantial conformance with the Generalized Development Plan (GDP) prepared by Greenway Engineering, dated April 10, 2013, and approved as part of this rezoning application. The GDP is intended to delineate the general location of the Fairfax Pike (Route 277) right-of-way dedication area, the general location of the shared right-in/right-out commercial entrance on Fairfax Pike, the general location of the full access commercial entrance along VDOT Lane (Route 1018), the general location of the 50' ingress/egress easement on Tax Map 86-A-15 that is intended to provide inter-parcel connection and access to VDOT Lane for Tax Map 86-A- 14, and the general location of the 50' full screen buffer adjacent to the Freeton Townhouse Subdivision. The final locations of the commercial entrances and the inter-parcel connection can be adjusted to accommodate final engineering design requirements without the need to revise the GDP provided that the final engineering design is consistent with the overall layout depicted on the GDP. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of Tax Map 86-A-14 and Tax Map 86-A-15 that is 20' in width for the future widening of Fairfax Pike. The Owner will delineate the 20' right-of-way dedication area on the Site Development Plans for these properties if development activities occur in advance of the Fairfax Pike widening project. The Owner will dedicate the 20'-wide right-of-way to VDOT at such time that it is requested for the Fairfax Pike widening project. 2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a right-in/right-out commercial entrance, which meets all applicable VDOT requirements. The right-in/right-out commercial entrance shall be designed, approved, and constructed with the first Site Plan for the Property. The Owner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the right-in/right-out commercial entrance serving the Property. File #55 1 O/EAW 2 Greenway Engineering ✓ 25, Fairfax Pike /VDOT Lane Rezoning 1 , Revised May 17, 2013 full January 2013 Revised April 1 2013 3) The Owner hereby proffers to develop one access commercial entrance along VDOT Lane that will serve Tax Map 86 -A -14 and Tax Map 86 -A -15. The Owner will ensure that the full access commercial entrance is located a minimum of 225' from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate corner clearance. 4) The Owner hereby proffers to provide a 50' ingress/egress easement across Tax Map 86 -A -15 in the general location depicted on the proffered GDP to provide for inter - parcel access and connectivity to VDOT Lane for Tax Map 86 -A -14. The l)Owner will ensure that a reciprocal ingress/egress easement and m t g e M`cferick County to be agrecipent js established f r t 50' ing�es�/egress easerilen# Serving th IOperty. utilize as part o the oca. s mate for qua t y ing an approved C. Monetary Contributions The Owner hereby proffers to provide S35,000.00 off -site transportation improvements associated with the — Renaissanee— Drive Phase 2 Revenue Sharing project. The Owner agrees — to —allew the S35,000 . 00 to b titilized as Y pfejeet, The Owner shall provide the $35 to Frederick County at the time that Frederick County provides written request for this monetary contribution. 2) The Owner hereby proffers to provide a monetary contribution of $0.05 per square feet of structural development on the Property for general fire and rescue services. The Owner shall provide the appropriate monetary contribution amount for each structure prior to the issuance of the Certificate of Occupancy Permit for each structure developed on the Property OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES File #55101EAW Greenway Engineering Signature January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 Revised May 17. 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Bowman- Shoemaker Companies, Inc. Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Date Notary Public My Commission Expires File#5510/EAW Greenway Engineering Signature January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: 0 Elizabeth Properties, L.C. Date Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this K#] by To Wit: day of Notary Public My Commission Expires File #55 10/EAW I a m OD H T m co / / I I I I O I I\ , IDS I \ \ / / JZM / / LL o LL. / I' \ � r / I' I r \ \\ / � O t I \' I W N 1 ui � � ° I I � I E I I C a m OD H T m co / / I I I I O V ppT LA co 0 I w O W Zw Z a 2 OC •OM W v W) 00 �a a. p (D L0 U Z pew Z w O U 00 a J �N�ZZm�� W 0 a W j U W~ O J a O N o MH W w LL Z C=1LJ� Q0aW } WAN a V �ww?��lLn /I I I\ , I \ \ I \ \ I\ \ I' \ I' I r \ \\ I I \' V ppT LA co 0 I w O W Zw Z a 2 OC •OM W v W) 00 �a a. p (D L0 U Z pew Z w O U 00 a J �N�ZZm�� W 0 a W j U W~ O J a O N o MH W w LL Z C=1LJ� Q0aW } WAN a V �ww?��lLn /I x t Z W Z a u � _ a t D u co CO Z W Z a o ? ap O¢ LL. p IJOGU' W U U � ¢ z O a O W p Z LL LL p �HGW Lu IX 0. � J j CO UyF"WHmfn aI- OCQap�O w I-- j �w�ZZ W w w ". y CO) cmLL. %0. = J_ QW Oaz co r >F - W— L�' F' WZH I-- U Z W U Z � LL. 3W 0 x Q � 0WW >Q�LL.p m H W HZZW W(3' m _Q�� -.� z 0 a Q �CAQQpQ Z CO) M frX RESOLUTION Action: PLANNING COMMISSION: May 15, 2013 - Recommended Approval BOARD OF SUPERVISORS: June 12, 2013 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02 -13 FAIRFAX PIKENDOT LANE COMMERCIAL WHEREAS, Rezoning #02 -13 Of Fairfax PikeNDOT Lane Commercial, submitted by Greenway Engineering, to rezone 3.61 acres from B 1 (Neighborhood Business) District to B2 (General Business) District with proffers dated January 25, 2013 and final revision May 17, 2013 was considered. The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately 1 /z mile east of Interstate 81 Exit 307, and are identified by Property Identification Numbers 86 -A -14 and 86 -A -15 in the Opequon Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 15, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 12, 2013; 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 to rezone 3.61 acres from B1 (Neighborhood Business) District to B2 (General Business) District with proffers subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes# 14 -13 This ordinance shall be in effect on the date of adoption. Passed this 12th day of June 12, 2013 by the following recorded vote: Richard C. Shickle, Chairman Robert A. Hess Christopher E. Collins Opequon Magisterial District Vacant Gary A. Lofton Gene E. Fisher Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes414 -13 COUNTY of FREDERICK r P r 0.+(2 G Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Evan Wyatt Greenway Engineering FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Comments: Fairfax Pike /VDOT Lane Commercial Rezoning. DATE: March 22, 2013 The following comments are offered regarding the Fairfax Pike /VDOT Lane Commercial Rezoning Application. This is a request to rezone 3.61 acres from BI (Neighborhood Business) to B2 (Business General) with Proffers. The review is generally based upon the proffer statement dated January 25, 2013, and the Impact Analysis Statement of the same date. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. General 1. The submission lac for this application would total $10,361.00, uasCd upon acreage of 3.61 acres, plus the appropriate amount for public hearing signs. Land Use 1) The 2030 Comprehensive Plan and the Route 277 Triangle and Urban Center Land Use Plan provide guidance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with an Urban Center land use designation. In general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan as the urban center designation promotes both commercial and residential land uses in a mixed use environment. This general area contains both uses. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Fairfax Pike /VDOT Lane Commercial Rezoning Comments March 22, 2013 Page 2 2) The subject properties, regardless of their location, size and dimension, are an integral part of the identified Urban Center. While they individually may not be able to support an entire urban center, they certainly have the ability to fit into the overall Urban Center design. A greater mix and integration of the commercial and residential land uses should occur in the future as this area continues to develop. Impact Analysis and Proffer Statements Please address the following items from the Impact Analysis and Proffer Statements prepared for this Application. The following comments have been provided in conjunction with John Bishop, County Transportation Planner. 1) Transportation improvements to Route 277, Fairfax Pike, are planned on the VDOT Six -Year Improvement Plan. Therefore, it is not anticipated that this project constructs improvements to Route 277, rather, dedicates appropriate right - of -way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation improvements resulting from the impacts of this new development; further, that the value of any contribution has a nexus to the project and its impacts. 2) The provision of a shared right - in/right -out entrance may work given the anticipated separated median design for Route 277. In general, additional entrances on Route 277 are to be avoided. 3) Potential interparcel connectivity could be provided to the commercial property to the east. 4) Please ensure that the proposed relocation of VDOT Lane to the west to align with the existing entrance to the shopping center will not have an impact to the entrances proposed on VDOT Lane. 5) Please evaluate if any additional right -of dedication dedicatlo is necessary" aiolig VDOT Lane for future improvements. 6) Please ensure that pedestrian accessibility and circulation is provided to the adjacent properties where appropriate to ensure this project is well integrated into the surrounding community. 7) The commercial and residential land uses of the Route 277 Urban Center are expected to have a strong street presence and relate to existing Fairfax Pike. Please explain what site planning and design elements will be implemented to achieve this goal of the Route 277 Triangle and Urban Center Plan. In conclusion, please ensure that the above comments, and those offered by the reviewing agency are addressed. MTR/bad March 12, 2013 VIA E -MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — Fairfax Pike/VDOT Lane Commercial Properties Proffer Statement dated January 25, 2013 Dear Evan: You have submitted to Frederick County for review the above - referenced proffer statement (the "Proffer Statement ") for the proposed rezoning of Tax Parcel Numbers 86- A-14 and 86 -A -15 (collectively, the "Property "), in the Opequon Magisterial District, from the B 1 Neighborhood Business District to the B2 General Business District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • In the third line under "Preliminary Matters", "Applicant'' shouid be changed to "Owner ", consistent with the view that the obligations are ultimately those of the owner(s) (and any successors -in- interest) and not of any applicant(s). • Prior to final submission of the rezoning application, as I assume that you will be acting for the owner(s) /applicant(s), you will of course need to submit executed powers of attorney for Bowman - Shoemaker Companies and Elizabeth Properties, L.C. 107 North Kent Street • Winchester, Virginia R LZ k"I GREEN WAY COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia@co.frederick.va.us March 12, 2013 VIA E -MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — Fairfax Pike/VDOT Lane Commercial Properties Proffer Statement dated January 25, 2013 Dear Evan: You have submitted to Frederick County for review the above - referenced proffer statement (the "Proffer Statement ") for the proposed rezoning of Tax Parcel Numbers 86- A-14 and 86 -A -15 (collectively, the "Property "), in the Opequon Magisterial District, from the B 1 Neighborhood Business District to the B2 General Business District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • In the third line under "Preliminary Matters", "Applicant'' shouid be changed to "Owner ", consistent with the view that the obligations are ultimately those of the owner(s) (and any successors -in- interest) and not of any applicant(s). • Prior to final submission of the rezoning application, as I assume that you will be acting for the owner(s) /applicant(s), you will of course need to submit executed powers of attorney for Bowman - Shoemaker Companies and Elizabeth Properties, L.C. 107 North Kent Street • Winchester, Virginia R LZ k"I GREEN WAY Mr. Evan Wyatt March 12, 2013 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. Sincerel , Roderick B. Williams County Attorney cc: Michael T. Ruddy, Deputy Director of Planning & Development, Frederick County (via e -mail) r w *N GREENWAY ENGINEERING, eNc %t 007 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 April 19, 2013 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Fairfax Pike /VDOT Lane Commercial Properties Rezoning — Review Agency Information and Comment Response Letter Dear Mike: The purpose of this letter is to advise the Planning Commission and Board of Supervisors of information regarding the property owner's mitigation of impacts for the referenced rezoning application. Please note the following: VDOT Comments — April 18, 2013 ➢ The property owner has received VDOT approval of an Access Management Exception Request to allow for a shared right - in/right -out entrance on Fairfax Pike. ➢ VDOT has approved the conceptual plan for access management that utilizes a shared full access commercial entrance on VDOT Lane. VDOT has determined that the location of the full access commercial entrance will be appropriate when VDOT relocates VDOT Lane to align with the existing commercial entrance serving the Food Lion Plaza. ➢ VDOT has determined that the Fairfax Pike frontage dedication is appropriate for the future widening plans for this corridor. FCSA Comments — February 26, 2013 ➢ FCSA has stated that public water and sewer capacity is available for the development of the subject properties. County Attorney Comments — March 12, 2013 ➢ The request to change the name "Applicant" to "Owner" was made to the final proffer statement. Engineers Surveyors Planners Environmental Scientists Telephone 540 - 662 -4185 FAX 540 -722 -9528 Project 5510 /EAW www.greenwayeng.com ➢ The Special Limited Power of Attorney documents for Bowman- Shoemaker Companies and Elizabeth Properties have been executed and are submitted as information with the Rezoning Application. Public Works Comments — March 1, 2013 ➢ The information in the Site Drainage section of the Impact Analysis Statement has been revised accordingly. ➢ The first site plan developed on the subject properties will include an analysis of the downstream stormwater conveyance system, which will be designed for review and approval by the County Engineer, Fire Marshal Comments — February 25, 2013 ➢ No comments. Winchester Regional Airport Comments — April 4, 2013 ➢ No Comments. Planning Comments — March 22, 2013 ➢ The required application fee has been submitted with the Rezoning Application. ➢ We agree that the proposed commercial land use designation for the subject properties is consistent with the Comprehensive Plan. ➢ We agree that the subject properties are not able to support an urban center design and that there will need to be a greater mix of commercial and residential land use in the future to support an urban center concept. County Transportation Comments — March 22, 2013 ➢ VDOT has advised that the anticipated right -of -way needed along the frontage on the subject properties ranges from 12.5 feet to 19 feet. The property owner has proffered a right -of -way dedication strip that is 20 feet in width along the frontage of the subject properties. ➢ The shared right - in/right -out entrance has been approved by VDOT, which required the review and approval of an Access Management Exception Request. ➢ Inter - parcel connectivity has been provided between the subject properties through a proffered ingress /egress easement. Discussions with the County Transportation Planning Director indicate that connectivity to the east is not necessary. Project ssio /EAw 2 ➢ VDOT has reviewed a conceptual design for the potential relocation of VDOT Lane, which aligns with the existing shopping center entrance and has determined that this will not impact the proposed full access commercial entrance on VDOT Lane that will serve the subject properties. ➢ VDOT reviewed a conceptual design for the potential relocation of VDOT Lane and did not determine that additional right -of -way would be required for future improvements, as this will occur on their property. ➢ The frontage improvements to the subject properties will include pedestrian sidewalks. The Zoning Ordinance requires the development of a full buffer and screen along the Freeton Townhouse Open Space; therefore, pedestrian connectivity is not permitted by code. ➢ The subject properties will be developed for commercial land use, consist with other adjoining commercial properties and commercial properties within close proximity of the site. The proffered Generalized Development Plan provides for enhanced access management for the subject properties through the restriction of left turn movements on Fairfax Pike, which is not the case with other commercial properties along the corridor. Please contact me if you have any questions regarding this information, or if you need anything else at this time. Sincerely,, I Evan Wyatt, AIC Greenway Engineering Cc: Beverley B. Shoemaker Rachel Shoemaker Mike Bryan, P.L.C. Project 5510 /EAW 3 Page 1 of 1 Evan Wyatt From: Funkhouser, Rhonda (VDOT) [ Rhonda .Funkhouser @VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. (VDOT) [Matthew.Smith @vdot.virginia.gov] Sent: Thursday, April 18, 2013 9:01 AM To: Bishop, John. (VDOT); Evan Wyatt Cc: Ingram, Lloyd (VDOT) Subject: Fairfax Pike/VDOT Lane Commercial Properties - VDOT Comments to Rezoning We have reviewed the Revised Rezoning Application for the Fairfax Pike /VDOT Lane Commercial Properties as received by this office on April 11, 2013 for impacts to the local transportation system. VDOT supports this rezoning in its current format. Thank you for allowing us the opportunity to comment. Should you have any questions, feel free to contact me. Matthew B. Smith, P.E. Area Land Use Engineer VDOT - Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984 -5615 Fax # (540) 984 -5607 4/19/2013 Page 1 of 1 Evan Wyatt From: Funkhouser, Rhonda (VDOT) [ Rhonda .Funkhouser @VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. (VDOT) [Matthew.Smith @vdot.virginia.gov] Sent: Tuesday, March 19, 2013 11:33 AM To: Bishop, John. (VDOT); Evan Wyatt Cc: Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT) Subject: Fairfax Pike /VDOT Lane Commercial Properties - VDOT Comments to Rezoning We have reviewed the Rezoning Application for the Fairfax Pike /VDOT Lane Commercial Properties as received by this office on February 25, 2013 for impacts to the local transportation system. Our comments for your consideration are as follows: e Remove all dimensions associated with the entrances on the Generalized Development Plan, as final design and location will be determined at time of site plan review in accordance with current regulations and standards. . At this time, VDOT does not support two full- access entrances off of VDOT Lane. The 50' ingress/ egress easement should provide access to both parcels. Access locations to these properties will be determined at the time of site plan review. This office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Eighth Edition for review. VDOT reserves the right to comment on all right -of -way needs, including turn lanes, right -of -way dedications, traffic signalization, and drainage. VDOT supports this rezoning after satisfactorily addressing the above comments. Thank you for allowing us the opportunity to comment. Matthew B. Smith, P.E. Area Land Use Engineer VDOT - Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984 -5615 Fax # (540) 984 -5607 3/22/2013 Untitled Stationery Evan Wyatt From: Colson, Chris, P.E. (VDOT) [Chris.Colson @vdot.virginia.gov] Sent: Friday, January 25, 2013 11:57 AM To: Evan Wyatt Cc: Bishop, John. (VDOT); Thomason, Kirk (VDOT) Subject: RE: Fairfax Pike Preliminary Design Hi Evan, that sounds reasonable to us at this point in time based on the current design. I just want to reiterate the design is still preliminary and is subject to change, but as design continues we will keep the future development of the parcels in mind. If you can share site plan design files we would appreciate it. Chris Colson, P.E. VDOT -Staunton District Location & Design 540- 332 -7746 (tel) From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Friday, January 25, 2013 9:05 AM To: Colson, Chris, P.E. (VDOT) Cc: Bishop, John. (VDOT) Subject: RE: Fairfax Pike Preliminary Design Hi Chris, I appreciate the return call and the follow up message below. I have had a chance to discuss this information with John Bishop and the property owner. In order to accommodate the preliminary design at this point in time, we will plan to provide a 20' right -of -way dedication along the property frontage of Elizabeth Properties and Bowman - Shoemaker Properties, as well as a 10' temporary construction easement. The County's parking lot setback requirements are 10' from the right -of -way; therefore, we will also identify the ability to extend the dedicated right -of -way into the 10' temporary construction easement if necessary to accommodate the final design. I do not see this being an issue except in the area of the western property line of the Elizabeth Property and would not anticipate the additional encroachment to be more than a couple of feet; therefore, there will not be an impact to the parking lot that will most likely be developed in advance of the Route 277 widening improvements. We will identify the right -of- way dedication area on the site plan for the project and will plan to provide the dedication plat to VDOT at the time it is requested by VDOT, which would most likely occur after the final design of the Route 277 widening. I would ask that both John and you review this suggestion and advise me if this makes sense or if there are other ideas. Thanks, Evan From: Colson, Chris, P.E. (VDOT) [mailto:Chris.Colson @vdot.virginia.gov] Sent: Thursday, January 17, 2013 1:50 PM To: Evan Wyatt Page 1 of 3 4/19/2013 Untitled Stationery Cc: Bishop, John. (VDOT) Subject: RE: Fairfax Pike Preliminary Design Page 2 of 3 Hi Evan, I wanted to make sure I got back to you today regarding your questions on Route 277. We are currently still in the preliminary engineering stage; while I feel confident with the horizontal layout through this section, we are still developing the vertical, so I am hesitant to provide CAD files at this stage; and we have not began to set the right -of -way. With that caveat, the following are approximate back of walk offsets from the existing right of way lines at the property corners: Offset Location 19 -ft north Western property line of Elizabeth Properties 13 -ft north Eastern property line of Elizabeth Properties / Western property line of Bowman - Shoemaker 12.5 -ft north Eastern property line of Bowman - Shoemaker The right -of -way will at a minimum be a foot behind the back of walk or greater depending upon the grading; this does not account for any easements (utility, etc.) that may be needed. Let me know if you need additional information. Chris Colson, P.E. VDCT -Staunton District Location & Design 811 Commerce Road Staunton, VA 540 - 332 -7746 (tel) From: Evan Wyatt [mailto:ewyatt @greenwayeng.com] Sent: Wednesday, January 16, 2013 2:26 PM To: Colson, Chris, P.E. (VDOT) Cc: Bishop, John. (VDOT) Subject: Fairfax Pike Preliminary Design Hi Chris, I met with John Bishop yesterday to discuss one of our projects located at the intersection of Fairfax Pike and VDOT Lane. John advised me of the information discussed between VDOT and Frederick County to establish the typical section in this part of the corridor, which we will be following in our project. I obtained a copy of the preliminary design layout on the aerial base (see attached), which was not to scale; therefore, I need to know what the proposed right -of -way width so we can plan accordingly. It would be great if I could obtain the digital file for the attached document or dimensional information from the road centerline to the north at your earliest possible convenience. I am available should you need to contact me regarding this matter. Thank you, Evan GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Phone: 540 - 662 -4185 Fax: 540 - 722 -9528 Visit us on the web at www.greenwUeng.com to learn about exciting new services offered by Greenway Engineering: Laboratory Services, Water Sewer, Maintenance / Monitoring, ESA Phase I, Wetlands and more. 4/19/2013 ' kVDOTof Virginia Department Transportation August 2012 ACCESS MANAGEMENT EXCEPTION REQUEST: AM -2 MINOR ARTERIAL, COLLECTOR, & LOCAL STREET REGULATIONS 24 VAC 30 -73 SECTION 120 Submitted by: Greenway Engineering Date: February 22, 2013 Email Address: ewyatt @greenwayeng.com Phone: 540_822 -4185 Address: 151 Windy Hill Lane Winchester, VA 22602 Project Name: VDOT Lane, Route 277 Rte 8 277 Locality: Frederick County Description of Project: Rezoning of two commercial properties on the comer of VDOT Lane and Route 277. VDOT District: Staunton /Edinburg Residency I Area Land Use Engineer: Matthew B. Smith, P. E. NOTES: (1). Submit this form and any attachments to one of the Districts Area Land Use Engineers. (2). See Section 120 of the Regulations for details on the requirements, exceptions, and exception request review process. ! (3). Attach additional information as necessary to justify the exception request(s). (4). If a traffic engineering study is required, the decision on the request will be based on VDOT engineering judgment. (5). Use the LD -440 Design Exception or the LD-448 Design Waiver forms for engineering related standards, e.g, sight distance. See UM -LD -227 for additional instructions. Select the Exception(s) Being Requested Exception to the shared entrance requirement. (Access M. Regulations Section 120C.2) Reason for exception: ❑ A. An agreement to share the entrance could not be reached with adjoining property owner. ❑ Attached: Written evidence that adjoining property owner will not share the entrance. ❑ B. Physical constraints: topography, adjacent hazardous land use, stream, wetland, other. ❑ Specify constraint: ❑ Attached: Documentation of constraint such as aerial photo or topographic map. ❑ Exception to the vehicular connection to adjoining undeveloped property requirement. (Section 120 C.4) Reason for exception: ❑ A. Physical constraints: topography, adjacent hazardous land use, stream, wetland, other. ❑ Specify constraint: ❑ Attached: Documentation of constraint such as aerial photo or topographic map. ❑ B. Other reason: [] Exception to the requirement that an entrance shall not be located within the functional area of an intersection or roundabout. (See Regulation Section 120 C.1; Appendix P, Rd Design Manual) ❑ Attached: A traffic engineering study documenting that the operation of the intersection and public safety will not be adversely impacted. 1 AM -2 August 2012 EXCEPTION TO THE SPACING STANDARDS FOR: a Entrances, intersections, crossovers (Table 2 -2); • Entrances, intersections near interchange ramps (Tables 2-3,2-4); or * Corner clearance (Figure 4-4). Appendix F, Road Design Manual Provide the following information on the Exception Request 0 ON A MINOR ARTERIAL OR COLLECTOR ❑ NEAR AN INTERCHANGE RAMP (Submittal of a traffic engineering study required) ❑ CORNER CLEARANCE (Submittal of a traffic engineering study required) Type of entrance /intersection /crossover: Signalized ❑ Unsignalized /Full Access ❑ Partial Access Q Posted speed limit: 35 mph Minor Arterial: ■❑ Collector: ❑ Local: ❑ Required spacing distance 250 ft Proposed spacing distance + / - ft Requested exception: Reduction in required spacing + / REASON FOR EXCEPTION: A. To be located on an older, established business section of a highway corridor where existing spacing did not meet the spacing standards prior to October 14, 2009. (Regulation Section 120 C.3.c) B Attached: Dated aerial photo of corridor identifying proposed entrance /intersection location. U B. Not enough property frontage to meet spacing standard, but the applicant does not want a partial access right -in /right -out entrance. (Section 120 C.31) C Attached: A traffic engineering study documenting that left turn movements at the entrance will not have a negative impact on highway operation or safety. C. To be located within a new urbanism mixed use type development. (section 120C.3.d) Attached: The design of the development and compliance with intersection sight distance. D. The proposed entrance meets the signal warrants but does not meet the signalized intersection spacing standard. The applicant requests an exception to the spacing standard. C Attached: A traffic engineering study that (Q evaluates the location's suitability for a roundabout and (ii) contains specific /documented reasons showing that the proximity of the proposed signal to an adjacent signal will not adversely impact a safe and efficient flow of traffic on the highway. (Section 120 C.5) E. The development's 2 nd (or additional) entrance does not meet the spacing standards but is necessary for the streets to be accepted Into the secondary system. (section 120 C.3.e) EB Attached: information on the development that identifies the location of entrances. F. To be located within the limits of a VDOT and locality approved access management corridor plan. EJ Attached: Aerial photo of corridor identifying proposed entrance /intersection location. (Sect 120 C.3.b) AM -2 August 2012 FOR VDOT USE ONL Recommendation on Exception Request: Approve © Deny ❑ Date:April 11, 2013 Area Land Use Engineer or Name Matthew B. Smith, P.E., Area Land Use Engineer Remarks The Edinburg Residency supports the exception request, as this is within an older established business section of an Urban Highway Corridor. The proposal is providing a shared right in/right out access with the adjacent lot. In addition, proposed roadway improvements on Route 277 will shift VDOT Lane further west once completed and will then meet spacing requirements to the west. Exception Request Action: Approv Denied [I Date: District Administrator or ignee• Wk-1 Q. 41A� Name (and position if Designee) Tamer A • Le e6err Turret rfd +iO "J V5e 4 i re o 4b)- Remarks: x ConCUr info +he fr01005ed re cor' 0&S etnol A& focceptivir. ,rvVes4 i5 Approvej 4 5 freserv+ed , District Staff: Please email copy to Pau l.Grase%MczfVQOT.Virninia.Gov 3 AM -2 August 2012 MWOR ARTERIAL & COLLECTOR REGULATIONS Section 120. Commercial entrance access magaaement A. As commercial entrance locations and designs are prepared and reviewed, appropriate access management regulations and standards shall be utilized to ensure the safety, integrity and operational characteristics of the transportation system are maintained. The proposed commercial entrance shall meet the access management standards contained in Appendix F of the Road Design Manual and the regulations in this chapter to provide the users of such entrance with a safe means of ingress and egress while minimizing the impact of such ingress and egress on the operation of the highway. B. A proposed development's compliance with the access management requirements specified below should be considered during the local government and VDOT's review of any rezoning, site plan, or subdivision plat for the development. VDOT's review of a rezoning traffic impact statement and a site plan/subdivision plat supplemental traffic analysis submitted for a development in accordance with the Traffic Impact Analysis Regulations shall include comments on the development's compliance with the access management requirements specified below. C. Access management requirements, in addition to other regulations in this chapter, include but are not limited to: 1. Restricting commercial entrance locations. To prevent undue interference with free traffic movement and to preserve safety, entrances to the highways shall not be permitted within the functional areas of intersections, roundabouts, railroad grade crossings, interchanges or similar areas with sensitive traffic operations. A request for an exception to this requirement submitted according to 24VAC30 -73 -120 D shall include a traffic engineering investigation report that contains specific and documented reasons showing that highway operation and safety will not be adversely impacted. 2. Entrances shared with adjoining properties on minor arterials and collectors. To reduce the number of entrances to state highways, a condition of entrance permit issuance shall be that entrances serve two or more parcels. A street that meets the Secondary Street Acceptance Requirements will be publicly maintained and shall be the preferred method for shared entrances as such entrances will allow for the future development of a network of publicly maintained streets. Otherwise a shared commercial entrance shall be created and designed to serve adjoining properties. A copy of the property owners' recorded agreement to share use of and maintain the entrance shall be included with the entrance permit application submitted to the district administrator's designee. The shared entrance shall be identified on any site plan or subdivision plat of the property. The district administrator's designee is authorized to approve an exception to this requirement upon submittal of a request according to 24VAC30 -73 -120 D that includes the following: a. Written evidence that a reasonable agreement to share an entrance cannot be reached with adjoining property owners, or b. Documentation that there are physical constraints, including but not limited to topography, environmentally sensitive areas, and hazardous uses, to creating a shared entrance. 3. Spacing of entrances and intersections. The spacing of proposed entrances and intersections shall comply with the spacing standards for entrances and intersections in Appendix F except as specified below. a. Where a plan of development or a condition of development that identifies the specific location of an entrance or entrances was proffered pursuant to §15.2-2297, 15.2 -2298, or 15.2 -2303 of the Code of Virginia as part of a rezoning approved by the locality prior to October 14, 2009, such entrances shall be exempt from the applicable spacing standards for entrances and intersections, provided the requirements of § 15.2 -2307 of the Code of Virginia have been met. Entrances shall be exempt from the applicable spacing standards for entrances and intersections when the location of such entrances are shown on a subdivision plat, site plan, preliminary subdivision plat, or a Secondary Street Acceptance Requirements conceptual sketch that was submitted by the locality to VDOT for review and received by VDOT prior to October 14, 2009 or is valid pursuant to §§ 15.2 -2260 and 15.2 -2261 and was approved in accordance with §§ 15.2 -2286 and 15.2 -2241 through 15.2 -2245 prior to October 14, 2009. The district administrator's designee is authorized to exempt such entrances from the spacing standards upon submittal of a request according to 24VAC30 -73 -120 D that includes documentation of the above criteria. 4 AM -2 August 2012 b. VDOT may work with a locality or localities on access management corridor plans. Such plans may allow for spacing standards that differ from and supersede the applicable spacing standards for entrances and intersections, subject to approval by the district administrator. Such plans may also identify the locations of any physical constraints to creating shared entrances or vehicular /pedestrian connections between adjoining properties. If the permit applicant submits a request according to 24VAC30 -73 -120 D for an exception to the spacing standards and provides documentation that the location of the proposed commercial entrance is within the limits of an access management plan approved by the local government and by VDOT, the plan should guide the district administrator's designee in approving the exception request and in determining the appropriate location of the entrance. c. On older, established business corridors of a locality within an urban area where existing entrances and intersections did not meet the spacing standards prior to October 14, 2009, spacing for new entrances and intersections may be allowed by the district administrator's designee that is consistent with the established spacing along the highway, provided that the permit applicant submits a request according to 24VAC30 -73 -120 D for an exception to the spacing standards that includes evidence that reasonable efforts were made to comply with the other access management requirements of this section including restricting entrances within the functional areas of intersections, sharing entrances with and providing vehicular and pedestrian connections between adjoining properties, and physically restricting entrances to right -in or right -out or both movements. d. Where a developer proposes a development within a designated urban development area as defined in §15.2-2223.1 of the Code of Virginia or an area designated in the local comprehensive plan for higher density development that incorporates principles of new urbanism and traditional neighborhood development, which may include but need not be limited to (i) pedestrian- friendly road design, (ii) interconnection of new local streets with existing local streets and roads, (iii) connectivity of road and pedestrian networks, (iv) preservation of natural areas, (v) satisfaction of requirements for stormwater management, (vi) mixed -use neighborhoods, including mixed housing types, (vii) reduction of front and side yard building setbacks, and (viii) reduction of subdivision street widths and turning radii at subdivision street intersections, the district administrator's designee may approve spacing standards for public street intersections internal to the development that differ from the otherwise applicable spacing standards, provided that the developer submits a request according to 24VAC30 -73 -120 D for an exception to the spacing standards that includes information on the design of the development and on the conformance of such entrances and intersections with the intersection sight distance standards specified in Appendix F. e. Where a development's second or additional commercial entrances are necessary for the streets in the development to be eligible for acceptance into the secondary system of state highways in accordance with the Secondary Street Acceptance Requirements and such commercial entrances cannot meet the spacing standards for highways, the developer may submit a request according to 24VAC30 -73 -120 D for an exception to the spacing standards that includes information on the design of the development. The following shall apply to the exception request: 1) For highways with a functional classification as a collector or local street, the district administrator's designee may approve spacing standards that differ from the otherwise applicable spacing standards to allow the approval of the entrance or entrances. Such commercial entrances shall be required to meet the intersection sight distance standards specified in Appendix F of the Road Design Manual. 2) For highways with a functional classification as a minor arterial, the district administrator's designee shall, in consultation with the developer and the locality within which the development is proposed, either approve spacing standards that differ from the otherwise applicable spacing standards to allow the approval of the entrance or entrances, or waive such state requirements that necessitate second or additional commercial entrances. If approved, such commercial entrances shall be required to meet the intersection sight distance standards specified in Appendix F. 5 AM -2 August 2012 f. Where a parcel of record has insufficient frontage on a highway to meet the spacing standards because of the dimensions of the parcel or a physical constraint such as topography or an environmentally sensitive area, the entrance shall be physically restricted to right -in or right -out movements or both or similar restrictions such that the public interests in a safe and efficient flow of traffic on the systems of state highways are protected and preserved. A request for an exception to this requirement submitted according to 24VAC30 -73 -120 D shall include a traffic engineering investigation report that contains specific and documented reasons showing that highway operation and safety will not be adversely impacted 4. Vehicular/pedestrian circulation between adjoining properties. To facilitate traffic circulation between adjacent properties, reduce the number of entrances to the highway, and maximize use of new signalized intersections, the permit applicant shall be required on a highway with a functional classification as a minor arterial highway, and may be required by the district administrator's designee on a highway with a functional classification as a collector, as a condition of permit issuance to record access easements and to construct vehicular connections to the boundaries of the property (which may include frontage roads or reverse frontage roads) in such a manner that affords safe and efficient future access between the permit applicant's property and adjoining undeveloped properties. Where appropriate, the permit applicant also shall construct pedestrian connections to the boundary lines of adjoining undeveloped properties and adjoining developed properties with sidewalks that abut the property. At such time that a commercial entrance permit application is submitted for the adjoining property, a condition of permit issuance shall be to extend such vehicular/pedestrian connections into the proposed development. Development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall provide a unified vehicular and pedestrian access connection and circulation system between the sites. a. Such connections shall not be required if the permit applicant submits a request for an exception according to 24VAC30 -73 -120 D and provides documentation that there are physical constraints to making such connections between properties, including but not limited to topography, environmentally sensitive areas, and hazardous uses. b. If a permit applicant does not wish to comply with this requirement, the permit applicant's entrance shall be physically restricted to right -in or right -out movements or both or similar restrictions such that the public interests in a safe and efficient flow of traffic on the systems of state highways are protected. 5. Traffic signal spacing. To promote the efficient progression of traffic on highways, commercial entrances that are expected to serve sufficient traffic volumes and movements to require signalization shall not be permitted if the spacing between the entrance and at least one adjacent signalized intersection is below signalized intersection spacing standards in Appendix F of the Road Design Manual. If sufficient spacing between adjacent traffic signals is not available, the entrance shall be physically restricted to right -in or right - out movements or both or similar restrictions such that the public interests in a safe and efficient flow of traffic on the systems of state highways are protected and preserved. A request for an exception to this requirement submitted according to 24VAC30 -73 -120 D shall include a traffic engineering investigation report that (i) evaluates the suitability of the entrance location for design as a roundabout, (ii) contains specific and documented reasons showing that highway operation and safety will not be adversely impacted. 6. Limiting entrance movements. To preserve the safety and function of certain highways, the district administrator's designee may require an entrance to be designed and constructed in such a manner as to physically prohibit certain traffic movements. D. A request for an exception from the access management requirements in 24VAC30 -73 -120 C shall be submitted in writing to the district administrator's designee. The request shall identify the type of exception, describe the reasons for the request, and include all documentation specified in 24VAC30 -73 -120 C for the type of exception. After considering all pertinent information including any improvements that will be needed to the entrance or intersection to protect the operational characteristics of the highway, the district administrator's designee will advise the applicant in writing regarding the decision on the exception request within 30 calendar days of receipt of the written exception request, with a copy to the district administrator. The applicant may appeal the decision of the district administrator's designee to the district administrator in accordance with the procedures for an appeal. 6 AM -2 IAA U lf 157 WLsdyR HtU laces Nrmdeestec VSrmia 226M loan" en i9n February 22, 2013 Virginia Department of Transporladon Attn: Matthew B. Smith, PE 14031 Old Valley PIb Edinburg, Virginia 22824 •• , Dear Matt: Greenway Engineering is processing a rezoning application for two small commercial properties to change the zoning designation ham the BI District to the B2 District. These properties are designated as tax parcels 86 -A -I4 and 86 -A -15 and am located on the north side of Fairfax Pilm between VDOT We and Double Church Road. Parcel 15 has frontage on Fairfax Pike and VDOT Lane and Parcel 14 has frontage solely on Fairfax PIb. The combined frontage for these parcels is approximately 365 feet (Parcel 14 has approximately 175 feel of frontage and Pavel 15 has approximately 190 fleet of frontage). The commercial property immediately east of these parcels is developed; therefore, there is approximately 425 feet between VDOT Lace and the adjoining commercial property entraom Fairfax Pike is classified as a minor arterial toad with a posted speed limit of 35 mph; therefore. VDOT currently requires 470 fleet folr full access caealmarcial entrances for this type of toad system. Greenway Engineering has had discussions with VDOT and the Piedesick County Director of Ttanapcxtation regarding the planned widening of the Fairfax Pike and access design for the two commercial properties. SPOCIBcelly, the County has guested that frill access 00mmercial enmces be avoided on Fairfax POoe for these parcels, that access 000 Fairfax Pflm is limited to a shared right in/rightrout entrance; that full access commercial entrances are located on VDOT Lane; and that Lot 14 is provided with an access ea$=WM across Lot 15 to avoid a landlocked situation that would mate a frill access camnoeraial entrance on Fairfax Pike. These discussions have puviide d guidance as to an appropriate access management plan for the two parcels. which is being proffered by the property owner. In order to accomplish this access management plea, VDOT will need to provide the allowance for locating a shared right4dright -out access that is less than 250 feet Greenway Engineering has prepared an exhibit that a proffered with the rezoning application that locates the shared right Wright -out access approximately 212 feet from 4r4nem Surveyors Planners rswtronmental5oenum Telephone 540-6624185 fAX 540722 -9528 PrOM OSSIOSAW wwwweenwayeng M the exist M enh uees on part Pike. This location can be wally cahs&wbed sad has sight distance for westbound trams on Fairfax Mk & Greenway Bugh mriag has included the VDOT Access m=agemeat BxceptM Request: AM -2 Farm that ideaMes &A applicable exception Mquest along wits the Pro Gazed Development Play exhA t dated January 25, 2013 for your review. R is R quested that VDOT Pumide a favor" recommendation for this request, which wtl be lumpmsted as a component of the VDOT review comments duhrke the rezoning appilcadon phot;M. Please contact me if you have any questions regerdiag this infOwuliOn, or if you need anyddng else at this time. Even yell, Greenway Rugineering Cc: John A. Bishop, Jr., Frederick County Director of Transportation rn9a sssIMAa► uro��Yn[u+" n" wx VA 'A MOO X3rd2Q RZ96 - M (OK) 7YYd rL6t W PlFwwd ZO1RMU 7Vrd LL£4 VW KOnbWdO i serb Z� (06s1 Diaz s 8 P09ZP ��77rrhtrrb rsI ''or' O NMNIDNIAV�S - - - .u kou. sue' ;awn L om _1 l - 14gr i I R S ® Rx N, lli < _ � IL �� ,= d mmm VA 'AJMOa S3RI3QM RZ96 (OK) Xvd aft- ZB9(Ors) P.L �1 "q , e+aw " W=; l aaIt ma `Mt &mf)vx Nonbad0 z09zz oA?. 4 unwyxqa 91 -V -99 v vl= -99 -7u s �W7MHq ,fl rrr `J I+I M UMNIO _ NY MRAMOMA 20 t] M'NU 30 i I AVM` MMI aJeffixs a Q 3 im n �Y J" e 1 A r i i x. vow- i it w fi go ns IMPACT ANALYSIS STATEMENT FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES REZONING Frederick County, Virginia Opequon Magisterial District Tax Parcel # 86 -A -14 and 86 -A -15 Aggregate Area of 3.61± acres January 25, 2013 Revised April 11, 2013 Current Owner: Bowman - Shoemaker Companies, Inc. Elizabeth Properties, LC Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 (540)- 662 -4185 Greenway Engineering January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact to Frederick County by the rezoning of 3.61± acres owned by Bowman - Shoemaker Companies, Inc., and Elizabeth Properties, LC, identified as Tax Map Parcels 86 -A -14 and 86 -A -15. Tax Map 86 -A -15 is a 1.96± acre parcel owned by Bowman- Shoemaker Companies, which is currently zoned B -1, Neighborhood Business District. Tax Map 86 -A -14 is a 1.65± acre parcel owned by Elizabeth Properties, LC, which is currently zoned B -1, Neighborhood Business District. Both properties are currently undeveloped. The Owner desires to rezone both parcels from the B -1, Neighborhood Business District to B -2, Business General District with proffers. Basic Information: Location: North side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018); approximately' /2 -mile east of Interstate 81 Exit 307. Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Zoning: Total Rezoning Area: Proposed Development: Opequon District 86 -A -14 and 86 -A -15 86 -A -14: B1 District (1.65± acres) 86 -A -15: B1 District (1.96± acres) Undeveloped 86 -A -14: B -2 District (1.65± acres) with proffers 86 -A -15: B -2 District (1.96± acres) with proffers 3.61± acres B -2 Business General District Commercial Retail; Commercial Service; and/or Office File #5510/EAW 2 Greenway Engineering January 25, 2013 Fairfax PikeNDOT Lane Rezoning Revised April 11, 2013 COMPREHENSIVE POLICY PLAN Sewer and Water Service Area Tax Map Parcels 86 -A -14 and 86 -A -15 are currently located within the Sewer and Water Service Area (SWSA). Therefore, the rezoning of this property for commercial land use is appropriate based on current policy. The 3.61± acre subject properties are currently zoned for neighborhood commercial land use, and have access to public water and public sewer service. Therefore, the request to rezone the subject properties from B -1, Neighborhood Commercial District to B -2, Business General District will not require the expansion of the SWSA or the extension of public water and sewer infrastructure to serve the subject properties. (Please refer to the UDA and SWSA Map Exhibit.) Southern Frederick Land Use Plan Tax Map Parcels 86 -A -14 and 86 -A -15 are a component of the Route 277 Triangle and Urban Center Land Use Plan. This land use plan recommends the development of business and urban center land uses along the north side of Fairfax Pike (Route 277), between the Interstate 81 Exit 307 interchange area and Double Church Road (Route 641). The land use plan identifies the subject properties within a future urban center land use designation. The land use plan states that the urban center is larger than the neighborhood commercial center with a larger commercial core, higher residential densities, and is designed around some form of public space or focal point. The 3.61± acre subject properties have approximately 425' of frontage along Fairfax Pike and will have their primary point of access along VDOT Lane. The location, size, and dimension of the subject properties are not conducive to urban center design; therefore, the Owner intends to maintain a business land use designation for the property. The Owner's proposal provides right -of -way dedication for the planned widening of Fairfax Pike, the provision of inter - parcel access to direct traffic to VDOT Lane, and the provision of right - in/right -out access on Fairfax Pike to facilitate access management control. Therefore, the Owner's request is consistent with the transportation goals of the Route 277 Triangle and Urban Center Land Use Plan and provides for economic development land use to further support the goals of the plan. SUITABILITY OF THE SITE Floodplains Tax Map Parcels 86 -A -14 and 86 -A -15 are located on FEMA NFIP Map #510063 -0200 B. This map, as well as the Frederick County GIS database delineates the subject properties as being outside of the 100 -year floodplain. Both mapping sources identify Stephens Run as the closest floodplain area, which is approximately 3/4 -mile southwest of the subject properties. Therefore, there will be no impacts to this environmental File #5510/EAW 3 Greenway Engineering January 25, 2013 Fairfax PikeNDOT Lane Rezoning Revised April 11, 2013 feature by the development of the proposed commercial land uses on these properties. (Please refer to the Environmental Features Map Exhibit.) Wetlands Tax Map Parcels 86 -A -14 and 86 -A -15 do not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map, as well as information from the Frederick County GIS Database. No evidence of wetlands features and vegetation is present on the property; therefore, the subject site is not impacted by wetland areas. (Please refer to the Environmental Features Map Exhibit.) Steen Slopes Tax Map Parcels 86 -A -14 and 86 -A -15 are both gently rolling sites with slopes ranging from 2 to 7 percent. The greatest topographic relief is within the northern portion of tax map parcel 86 -A -14, which will be required to be set aside as a buffer and screening area for the benefit of the Freeton Townhouse subdivision. There are no areas of steep slope as defined; therefore, there are no impacts to this environmental feature. (Please refer to the Environmental Features Map Exhibit.) Woodlands Tax Map Parcels 86 -A -14 and 86 -A -15 contain areas of mature vegetation throughout the northern and central portions of the site. The development of both properties for commercial land use and for the construction of the internal access drive will necessitate the clearing of all mature vegetation on both properties. However, commercial parcels will be required to comply with the landscaping requirements of the Zoning Ordinance, which will mitigate this impact. The Owner will attempt to utilize mature vegetation along the rear property line of tax map parcel 86 -A -14 for required buffer and screening for the benefit of the Freeton Townhouse subdivision. (Please refer to the Aerial Overview Exhibit). Soil Types The Soil Survey of Frederick County, published by the USDA Soil Conservation Service was consulted to determine soil types contained in Tax Map Parcels 86 -A -14 and 86 -A- 15. The subject properties contain the following soil types: 1C — Berks Channery Silt Loams: 7 -15% slope 3B — Blairton Silt Loams: 2 -7% slope 44B — Zoar Silt Loams: 2 -7% slope The Blairton Silt Loam and Zoar Silt Loam soil types are is classified as prime farmland soil. The primary soil types on Tax Map Parcels 86 -A -14 and 86 -A -15 are identified as moderate to severe due to wetness and shrink -swell for small commercial buildings; File #5510/EAW 4 Greenway Engineering January 25, 2013 Fairfax Pike /VDOT Lane Rezoning Revised April 11, 2013 therefore, geotechnical analysis will be needed to determine if existing soils are appropriate for construction or if select materials will be needed. However, it is noted that the soil characteristics identified above are similar to the soil types found on roadways and developed commercial properties along this portion of the Fairfax Pike corridor. (Please refer to the Soils Map Exhibit.) Other Environmental Features Tax Map Parcels 86 -A -14 and 86 -A -15 do not contain areas of Iakes, ponds or natural storm water retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental features present that create development constraints for the proposed commercial land uses on these properties. (Please refer to the Aerial Overview Exhibit and the Environmental Features Map Exhibit.) SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned Bl, Neighborhood Business District Use: Apartment Zoned RP, Residential Performance District Use: Townhomes South: Zoned B2, Business General District Use: Commercial East: Zoned: B1, Neighborhood Business District Use: Commercial West: Zoned: Bl, Neighborhood Business District Use: VDOT Yard Zoned: B2, Business General District Use: Residential (Please refer to the Location and Zoning Map Exhibit) TRANSPORTATION Tax Map Parcels 86 -A -14 and 86 -A -15 have approximately 365± feet of frontage along the north side of Fairfax Pike (Route 277), and tax map parcel 86 -A -15 has approximately 360± feet of frontage along the east side of VDOT Lane (Route 1018). Fairfax Pike is classified as a minor arterial road, while VDOT Lane is classified as a local street. The Virginia Department of Transportation Six Year Improvement Plan (SYIP) identifies funding for the widening of Fairfax Pike during FY14 -18. VDOT and County officials have met to discuss an appropriate typical section for Fairfax Pike. VDOT representatives have provided a preliminary geometric road section for the portion of Fairfax Pike located along the subject property frontage. The typical section proposed along the frontage of the subject properties includes continuous pavement to provide for File #5510/EAW 5 Greenway Engineering January 25, 2013 Fairfax PikeNDOT Lane Rezoning Revised April 11, 2013 two eastbound travel lanes, two westbound travel lanes, a shared center turn lane, curb and gutter, and sidewalks. Additionally, this information depicts the VDOT Lane intersection shifting to the west to align with the western -most commercial entrance that serves the Food Lion Plaza commercial development. Fairfax Pike is classified as a minor arterial road and the speed limit is between 35 -45 mph. Therefore, the VDOT minimum spacing standards of 470 feet for full access commercial entrances cannot be achieved for the subject properties due to distance ,constraints (tax parcel 86 -A -14 has approximately 175± feet of frontage and tax parcel 86 -A -15 has approximately 190± feet of frontage). Greenway Engineering has met with the County's Director of Transportation Planning and VDOT representatives to discuss this and other access management matters, as well as traffic analysis information associated with commercial development on the subject properties. These discussions support the provision of a shared right- in/right -out commercial entrance on Fairfax Pike, a full access commercial entrance serving tax parcel 86 -A -14 and tax parcel 86 -A -15, and a 50' ingress /egress easement across tax parcel 86 -A -15 that provides inter - parcel connectivity to tax parcel 85 -A -14. The property owner has prepared a Generalized Development Plan (GDP) that is incorporated as part of the proffer statement for the subject properties. The GDP depicts the general location of commercial access along VDOT Lane, the general location of the inter - parcel connectivity, the general location of the shared right - in/right -out commercial access on Fairfax Pike, and the general location of the proposed Fairfax Pike right -of -way dedication area. Greenway Engineering met with the Frederick County Transportation Planner to discuss the proposed rezoning application and it was determined that a Traffic Impact Analysis (TIA) study would not be required for this process. VDOT has analyzed the Fairfax Pike corridor and determined the appropriate lane geometry, which has been funded for preliminary engineering design, right -of -way acquisition, and construction. Additionally, the proposed rezoning request is for a change in commercial zoning from the B -1 District to the B -2 District, which is projected to create a modest increase in peak hour traffic volumes. Greenway Engineering has prepared information from the Frederick County GIS database that provides Floor -to -Area (FAR) calculations for properties that are zoned B -1 District and B -2 District within the immediate area of the subject properties. (Please refer to the Fairfax Pike & Adjoining Roads B 1 & B2 District FAR Data Map and Table Exhibit.) Analysis of this information suggests that the B -1 District property would yield approximately a 0.12 FAR, while the B -2 District property would yield approximately a 0.20 FAR. Therefore, the change in zoning would result in an increase of approximately 12,500 square feet of development on the 3.61± acre subject properties. It is anticipated that a freestanding discount store will be initially developed as a result of this rezoning application. The ITE Manual, 7 th Edition, provides traffic projections for this type of land use. The IFE Manual projects that the additional development potential would increase peak hour volumes by 68 VPD during the weekdays, by 96 VPD on Saturdays, and by 92 VPD on Sundays. Therefore, it is not anticipated that the change in zoning from the B -1 File #5510/EAw 6 Greenway Engineering January 25, 2013 Fairfax Pike /VDOT Lane Rezoning Revised April 11, 2013 District to the B -2 District will have a negative impact on the corridor improvements that are planned by VDOT. SEWAGE CONVEYANCE AND TREATMENT The subject properties are located within the Sewer and Water Service Area (SWSA). The Frederick County Sanitation Authority (FCSA) provides public sewer service to this geographic area of the community, which provides treatment at the Parkins Mill Wastewater Treatment Facility. The existing site conditions include a sanitary sewer easement, which contains an 8 -inch gravity sewer line and an 8 -inch sewer force main. The site infrastructure directs effluent from the 8 -inch sewer line to the Stephens Run Lagoon pump station, which connects to a 15 -inch sewer transmission line to the Parkins Mill Wastewater Treatment Facility. FCSA has developed a sewer usage calculation for planning purposes, which provides for residential, commercial, and industrial land uses. A conceptual land plan has not been prepared for the subject properties; therefore, the County's rezoning application package suggests that the 3.61± acres has a maximum potential yield of 21,361 square feet of retail development per acre, resulting in a maximum of 77,113 square feet (0.49 FAR). Therefore, the FCSA calculations for projected sewer demands for the maximum development potential retail development are as follows: Q = 7.5 gpd /1,000 square feet Q = 77,113 square feet/1,000 square feet = 77.11 Q = 77.11 x 75 gpd = 5,783 gpd A conservative sewer demand projection for the subject properties is estimated to direct 5,783 gallons per day to the public sewage conveyance system and treatment demand at the Parkins Mill Wastewater Treatment Facility. The design capacity of the Parkins Mill Wastewater Treatment Facility is 5.0 million gallons per day (MGD), with current usage averaging 1.97 MGD. Therefore, the projected land use development will produce 5,783 gpd of effluent for treatment, utilizing approximately 0.002% of the available capacity at this facility. This information demonstrates that the subject property can be developed with adequate sewer service with available capacity for treatment. (Please refer to the SWSA Map Exhibit.) WATER SUPPLY The subject properties are located within the Sewer and Water Service Area (SWSA). The Frederick County Sanitation Authority (FCSA) has developed water infrastructure within the proximity of the subject properties, which provides potable water to the commercial and residential land uses located to the north, south, and east of the proposed development. An 8 -inch water line exists on the south side of Fairfax Pike (Route 277) File #5510/EAW 7 Greenway Engineering January 25, 2013 Fairfax PikeNDOT Lane Rezoning Revised April 11, 2013 across from the subject properties, and a water line crossing is in place that serves the commercially zoned properties along VDOT Lane. A connection will be made to the fl- inch water line to provide service to the subject properties to ensure that adequate water flow and pressure are available for development. Land uses in this area of the County receive potable water from the James H. Diehl Water Filtration Plant located by the Stephens City quarries. The James H. Diehl Water Filtration Plant provides an average of 3.4 Million Gallons per day (MGD), and can provide up to 4 MPG of potable water based on available pumping capacity. FCSA has developed a water usage calculation for planning purposes, which provides for residential, commercial, and industrial land uses. A conceptual land plan has not been prepared for the subject properties; therefore, the County's rezoning application package suggests that the 3.61± acres has a maximum potential yield of 21,361 square feet of retail development per acre, resulting in a maximum of 77,113 square feet (0.49 FAR). Therefore, the FCSA calculations for projected water demands for the maximum development potential retail development are as follows: Q = 75 gpd /1,000 square feet Q = 77,113 square feet/1,000 square feet = 77.11 Q = 77.11 x 75 gpd = 5,783 gpd A conservative water demand projection for the subject properties is estimated to require 5,783 gallons per day of potable water from the FCSA water transmission system. Greenway Engineering obtained fire hydrant test data from FCSA at the Food Lion Plaza commercial project, which demonstrates water flow at 1,187 gpm and a residual pressure of 50 psi; therefore, there is adequate water flow and pressure for development purposes. Future site plans for the subject properties will demonstrate appropriate water pressure based on their project demands; however, the information in this section demonstrates that the subject property can be developed with adequate water service with available capacity. (Please refer to the SWSA Map Exhibit.) SITE DRAINAGE Tax Map Parcels 86 -A -14 and 86 -A -15 are both gently rolling sites with slopes ranging from 2 to 7 percent. The sites generally drain northeast to southwest towards VDOT Lane where stormwater is directed to a drainage area located north of the Orndorff property to a designed storm water management area within the CB Ventures, LLC development. It is envisioned that the subject properties will be designed to provide storm water management with appropriate capacities and treatment that will be directed to the existing storm water management area. The County Engineer will be consulted during this process, and plans will be prepared and submitted for review and approval by the County Engineer prior to any new development activity on the subject properties to ensure that there are no negative impacts to the existing project site and surrounding properties resulting from storm water management activities. (Please refer to the Environmental Features Map Exhibit.) File #5510/EAW Greenway Engineering January 25, 2013 Fairfax PikeNDOT Lane Rezoning Revised April 11, 2013 SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4ch Edition). The following figures show the increase in the average annual volume based on a conservative development projection of 77,113 square feet (0.49 FAR) of commercial land use for the entire acreage: AVV = 5.4 cu. Yd. Per 1,000 sq. ft. commercial AAV = 5.4 cu. Yd. x 77.11 AAV = 416.4 cu. Yd. at build out, or 291.5 tons at build out The Municipal Solid Waste area of the regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The potential development of 77,110 square feet of commercial land use will generate approximately 291.5 tons of solid waste annually on average. This represents a 0.19% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently average 150,000 tons per year; therefore, this information demonstrates that the Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. Solid waste produced by the commercial land uses will be routed to the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. HISTORICAL SITES AND STRUCTURES The subject properties do not contain structures deemed to be historically significant, nor are there potentially significant structures adjacent to the subject property. Additionally, the subject properties are not located within defined battlefield areas or potential historic districts as demonstrated in the National Park Service Study of Civil War Sites in the Shenandoah Valley and the Frederick County Comprehensive Policy Plan. Therefore, the development of the commercial land uses on the subject properties will not negatively impact historic resources or viewsheds. (Please refer to the Historic Features Map Exhibit.) CONCLUSIONS The rezoning of the 3.61± acre subject properties owned by Bowman- Shoemaker Companies, Inc., and Elizabeth Properties, LC, is not anticipated to negatively impact public services and will provide economic development revenue that will benefit the County. The subject properties are currently zoned B -1 District; therefore, rezoning the subject properties to the B -2 District will provide the opportunity to create commercial File #5510/EAW 9 Greenway Engineering January 25, 2013 Fairfax PikeNDOT Lane Rezoning Revised April 11, 2013 land use that is compatible with other land uses along the Fairfax Pike (Route 277) corridor. The Applicant has agreed to dedicate right -of -way that is sufficient in width to accommodate the future widening of Fairfax Pike, and has prepared a proffered access management plan that is consistent with improvements discussed with VDOT and the County's Director of Transportation Planning. Additionally, the Owner has offered to provide a monetary contribution to Frederick County for general fire and rescue services to further mitigate impacts associated with this project. Therefore, this rezoning proposal will provide for positive economic and transportation benefits to Frederick County without impacting capital facilities or services provided by the County. File #5510/EAW 10 M Li s F a F . ., F' Ltd k� kG 1 E N LL E r � N N N Q O ^ L LL U L C i z� a �v WARREN - CIR — � f F NINM OO ••8 MR DOUBLE•CHURCH; V ti a a 00 00 � \VN� Go I 14 S � 0 0 �Q 4M -IHJIH W Y >C FL a I V o; N z I� 3"-al31=13JaIM a� v � � <v" Q co �O o c S o 0 r � m Q 0 p O N N Q m 00 1 7 � Lo �NQm� �(n c I p o o N (O N Q N FI N 00 C\j N M 0 m ❑ :77 (D N � LO VO N � O Q m � Q m , c 00 L2 L. 0) O Q m O O� w 0 c O� Q m 00 0 -VDOT LN o 2 LO�C'4 o�Q M Q o 0 00 ro N o Q op O O O O o ^ N m � O C m co zi L,) L 7o—o- Loo- 6— ( 00 Q co -a21 213aN'd�HJIH LO o N ° 0 m Y AAA- 4�31d3JaRi LO LO N - 0 0 a ❑ p � o o � n m U Q� _ o ° o O 01 coo. N N 7 a `V \ O � N/NMO � O 0 m Lo m D m 0 0 / �o� m 0 0�� o O ❑ ❑ o_ O m� ^ \/ O N N O O O ❑ ��� � ( \ r n� nm U MTm ❑ r m `1� O O U O� ) M p N O O ❑ �j / ' �0Qm N MO.� m O1 ---Lo 0Q °° \/ 4 �m m O (�O O WN ISO O 00 ...N NOM M m \ (O'N.V m 0 OM� pp O 0) 1 0 - 1) / � V V m InOQm N�.� N O N M N Qm m 00 0 0 N O N V N 0c) „ (O`p N I� O Qm O1p("'m LO LO 00 Lu 00 00 am LO Q m N� C ' 4 N.� � �. O Q N N \N Cl) °� N\ \Loo >���5' c �� �/�\ V a I �m� � p o p o o C m ❑ Fairfax Pike Adjoining Roads B1 B2 District FAR Data Map and Table Exhibit Greenway File 5510 Tax Map Acreage Zoning Building Square Ft Parcel Square Feet FAR 86 A 1 8.13 B1 720 354142.8 0.00 85 A 149C 1.059 B1 1541.5 46130.04 0.03 86 A 13 2.22 B1 3462 96703.2 0.04 85 A 148A 0.9 B1 2912 39204 0.07 74B 51 B 0.57 B1 2652 24829.2 0.11 85 4 1 0.61 B1 3120 26571.6 0.12 86 A 15A 0.8 B1 4250 34848 0.12 85 4 5A 0.8781 B1 5470 38245.68 0.14 74B 51 D 0.57 B1 3696 24829.2 0.15 86 A 14 0.71 B1 6156 30927.6 0.20 85 3 1 2.97 B2 3000 129373.2 0.02 74B 72 D 1.78 B2 2352 77536.8 0.03 85 A 149 2.35 B2 4588 102366 0.04 86 A 18A 1.24 B2 2861 54014.4 0.05 74B 7 2 B 1 B2 2810 43560 0.06 85 A 148D 0.57 B2 1776 24829.2 0.07 74B 72 D1 1.091 B2 3588 47523.96 0.08 85B 1 A 0.98 B2 3396 42688.8 0.08 86 A 10 16.08 B2 65668 700444.8 0.09 86 A 18 18.14 B2 88084 790178.4 0.11 86 A 16 0.75 B2 3742 32670 0.11 85 A 148F 1 B2 5120 43560 0.12 74B 72 D3 0.87 B2 5000 37897.2 0.13 74B 72 D2 1.045 B2 6859.5 45520.2 0.15 86 A 10B 1.1 B2 7254 47916 0.15 85 A 148E 2.82 B2 21322 122839.2 0.17 86 A 82A 1.33 B2 11180 57934.8 0.19 85B 1 B 0.43 B2 4092 18730.8 0.22 85 A 148C 2.5 B2 24308 108900 0.22 86 A 12 1.04 B2 12322 45302.4 0.27 85 A 146A 1.52 B2 35530 66211.2 0.54 Source: Frederick County GIS, 2012 Data Data Sorted by Zoning /FAR �. 09z r bMo� c m A( ME JO loo 1� co �a LO I LL f c ! LL VDT LN E E U o C o L (D J U c 0 co J p L U D o x a� ° E a) o o LL a? m d L N CO co O O CO LL co co d co > (n Lo N a / M-M3aNVIH9IH l a� a� CL O ^ L LL L A, W E E G1 O J U a� c co J 0 0 CB N � O m X c0 N c ^ co LL LL a L� b ti O� W ARREN ,v Eb y. Y a ' . t�0 4 , 0 0-4 bMo Q = O v v S� O O M3aNVIHDIH N V E E 0 U m CHURCH'RDF w 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Stgff. Fee Amount Paid $ 4 J(R 0o Zoning Amendment Number Date Received /lera PC Hearing Date 1a ;'f'�° BOS Hearing Date , The following information shall be provided by the applicant. All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winche VA 2 2602 2. Property Owner (if different than above): Name: Bowman- Shoemaker Companies Address: P.O. Box 480 Telephone: 540 - 662 -4185 Telephone: 540 - 869 -1800 Stephens City, VA 22602 3. Contact person if other than above: Name: Evan Wyatt 4. Property Information: a. b. Telephone: 540 - 662 -4185 Property Identification Number(s): 86 -A -14 & 86 -A -15 Total acreage to be rezoned: 3.61 +/- Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A 11 Current zoning designation(s) and acreage(s) in each designation: B District 1.65 +/- Acres (Parcel 14) & 1.96 +/- Acres (Parcel 15) e. Proposed zoning designation(s) and acreage(s) in each designation: B District 1.65 +/- Acres (Parcel 14) & 1.96 +/- Acres (Parcel 15) f Magisterial District(s): Opequon M agisterial District 12 5. Checklist: Check the following items that have been included with this application. Location map ✓ Agency Comments ✓ Plat _ �/ _ Fees _ V / _ Deed to property _ �/ _ Impact Analysis Statement Verification of taxes paid _ �/ _ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district _ V / _ Digital copies (pdf's) of all submitted documents, maps and exhibits V / 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Bowman - Shoemaker Companie Inc. - Beverley B. Shoemaker, President Elizabeth Properties, Inc. - Beverley B. Shoemaker, Manager 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 86 -A -1 86 -A - 14A 86 -A - 86 -A -16 86 -A -1 86D -4 -18A VDOT Yard /Office Commercial R A partment Residential Commercial Town Open Space B -1 District B -1 District B -1 Dis trict B -2 District B -2 Distric RP District 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): North sid of Fairfax Pike (Route 277); Adjacent to VDOT Lane (Route 1018); approximately 1/2 -mile east of Interstate 81 Exit 307 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi- Family: N/A Non - Residential Lots: N/A Mobile Home: N/A Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: Undetermined 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 44 , ; Wjo , " Date: Date: Date: Date: 14 ay nrrLc I.vvrr t o r a. I mml ovmo i r..�....�.....�...`.�,�..rr,,, . 3 9 Z ., Ai �D . ..r ,�s+r►r k J I �t �Y 1 • I . IS 1092 aaaD i �/t ♦P .t/' /C.�C Y J' aor e c cc aci 4C41 S �� - I �00 � 7.'J.00' — . i %ti' � r9i ✓ /.T/ M D e, oo cl AIX 19:2.111-wle-? ✓eee- j,- oV 1 el cry -7 r-;Iv :.9r - 6 - w� 4 op I .. � ly ° � t '� tv ll n �� `„ r l� '''' S �� - I �00 � 7.'J.00' — . i %ti' � r9i ✓ /.T/ M D e, oo cl AIX 19:2.111-wle-? ✓eee- j,- oV 1 el cry -7 r-;Iv :.9r - 6 - w� 4 op I .. � ly 16 1p MWIP"m "a �� 'Aho S �� - I �00 � 7.'J.00' — . i %ti' � r9i ✓ /.T/ M D e, oo cl AIX 19:2.111-wle-? ✓eee- j,- oV 1 el cry -7 r-;Iv :.9r - 6 - w� 4 op I .. � ly Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665 -5651 Facsimile (540) 665 -6395 Know All Men By These Presents: That I (We) (Name) Bowman- Shoemaker Companies, Inc. (Phone) ( 54 0 ) 869 -1800 (Address) P O Box 480 Stephens City, VA 22655 the owner(s) of all those tracts or parcels of land ( "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. Deed Book 634 on Page 499 , and is described as Parcel: 86 Lot: 14 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) ( 540) 662 -4185 (Address) 151 Wi ndy Hill Lane Winchester, VA 22602 To act as my true and lawful authority I (we) would have Property, including: X Rezoning (including proffers) Conditional Use Permit attorney -in -fact for and in my (our) name, place and stead with full power and if acting personally to file planning applications for my (our) above described Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this _19— day of 1 2013 Signature(s) AuItAL 1 I'1W . State of Virginia, Gity/County of )���DtA t✓A� , To -wit: I, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally l �appeared before me and has aslcrtowledged the same before me in the jurisdiction aforesaid this day of 20 13 . - J " ouimission Expires: Notary Public SAUNDRA M. MURPH Notary Public 7514181 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665 -5651 Facsimile (540) 665 -6395 Know All Men By These Presents: That I (We) (Name) Elizabeth Properties, L.C. (Phone) (5 40) 8 69 -1800 (Address) PO Box 480 S tephens City, VA 2 the owner(s) of all those tracts or parcels of land ( "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 070002101 on Page 0411 , and is described as Parcel: 86 Lot: 1 5 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Gree E ngineering (Phone) (54 6 62 -4185 (Address) 151 W indy Hill La Winchest VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until 't is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of , 20 l 3 , Signature(s) 1�_ v State of Virginia, C4tr/County of � C_� I , To -wit: " 1 a Notary Public in and for the jurisdiction aforesaid, cert> that the person(s) who signed to t e foregoing instrument personally appeared before me and has 44nowledged the same before mein the jurisdiction aforesaid this 155 day of , 20 t3. A 1i "_ �Uocvl n , �A - PY Commission Expires: O Notary Public SAUNDRA M. MURPH Notary Public 75'4181 Mav 31, 2016 ?r— .. ,..,tw r �D r co N Q 0 ^ L LL U L 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � 1 O Lr Lr Lr Ll Ll Lr I O Ln N N N N N i/� I N O i/� i/� i/� i/� i/� V M O O O O O O O O 0 0 0 0 0 0 0 i/� lzz c c 00 lzl 00 M 1 I� O N N to N c 1 r" r" �o �o �o r- I -:tI -:tINININININIr I 1 ..19M. .FiFiM. Fq Ln I I N I 0 ri I N Ln r14 r14 I N Ln I N I N I 0 Ln I N Y U U w m U O cn cn N Z N cn Z Z i m w w= L w w Q m a a U Y > Z_ Z ' m O M I O 0 1 N = ~ Q w w U N > Y > LU i = J O Q i= w Z Z w w U O O 00 w w 2 Q C7 O w a (A W X 1 w w m O N m Ln 1 0 0 0 0 0 c-1 -1 O I c-I c-I N N c-I N c-I d N Y U U LU Z Y Lu Z LU WARREWCIR Q v �VDpT " / . lj- 0NIN iJ CO U 0 U L N N E N 0 N _ U U 00 c" U Mn cu a� p D C L _ L u cu 0 J r L N "' N " N o Lm �_ N N d J 0 � Z C7 J c cn cn Q N Y 0 L1 Lb p N N L W W `/ `/ `/ `/ cu cu CN N LL ® LL �-y 0 O O �Q aM-M3aNVIH9IH W Y 3/�V- 4�31�3JdRI FL L— L) � o � L CO of FREDERICK Department of Planning and Development 5401665-5651 MEMORANDUM FAX: 540/665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner M Subject: Discussion — Temporary Family Health Care Structures Date: June 3, 2013 Staff has prepared a revision to the Zoning Ordinance to include temporary family health care structures (MedCottages) as a permitted use in the following Zoning Districts: • RA (Rural Areas) • RP (Residential Performance) • R5 (Residential Recreational) • R4 (Residential Planned Community) The Code of Virginia requires localities to allow temporary family health care structures as a permitted accessory use in all residential zoning districts where single family detached dwelling units are permitted. Staff has added this use as a permitted use in the above districts and has drafted a number of supplementary use regulations that regulate the use. The supplemental regulations are consistent with the State Code. This item was discussed by the DRRC at their meeting on April 25, 2013. The DRRC was supportive of the proposed amendment being forwarded to the Planning Commission for discussion with minor changes to the definition of caregiver (to clarify that outside agencies can provide care for a person residing in a temporary family health care structure). The Planning Commission discussed this item at their meeting on May 15, 2013; the Commission was supportive of the amendment as presented. The attached document shows the existing ordinance with the proposed changes (with bold italic for text added). Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Code of Virginia pertaining to temporary family health care structures. 3. Resolution. CEP /pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Attachment 1 ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions § 165 - 101.02 Definitions & word usage. CAREGIVER - An adult who provides care for a mentally or physically impaired person within the Commonwealth. For purposes of the placement of a temporary family health care structure, a caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom they are providing care for. MENTALLY OR PHYSICALLY IMPAIRED PERSON - A person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in § 63.2 -2200, as certified in a writing provided by a physician licensed by the Commonwealth. TEMPORARY FAMILY HEALTH CARE STRUCTURE - A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, NO has no more than 300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36 -70 et seq.) and the Uniform Statewide Building Code (§ 36 -97 et seg.). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses § 165 - 204.27. Temporary family health care structures. Where allowed, temporary family health care structure, shall meet the following requirements: A. A temporary family health care structure shall be permitted for use by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as his residence as a permitted accessory use. Outside agencies or persons not residing on the property may provide care for the mentally or physically impaired person residing in the structure. e No temporary family health care structure shall be installed without first obtaining a permit. The permit holder shall provide the County with evidence of compliance on an annual basis as long as the temporary family health care structure remains on the property; C. Only one temporary family health care structure shall be placed on a lot or parcel of land. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Attachment 1 D Any temporary family health care structure shall connect to the water, sewer, and electric utilities serving the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health; E No signage advertising or otherwise promoting the existence of the temporary family health care structure shall be permitted either on the exterior of the structure or elsewhere on the property; F. Any temporary family health care structure shall be removed within 30 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance Provided by the structure; G The Zoning Administrator may revoke the permit granted pursuant to subsection A above if the permit holder violates any provision of this section or the Code of Virginia. Additionally, the local governing body may seek iniunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this section. The Zoning Administrator is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS § 165 - 401.02 Permitted uses. Part 401— RA Rural Areas District Structures and land shall be used for one of the following uses: DD. Temporary family health care structure. Part 402 — RP Residential Performance District § 165 - 402.02 Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article VIII of this chapter. B. Structures and land shall be used for one of the following uses: (15) Temporary family health care structure. *By adding temporary family health core structure os o permitted use in the RP District it is also automatically o permitted use in the R4 and R5 Districts Action: BOARD OF SUPERVISORS: June 12, 2013 ❑ APPROVED ❑ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT 165- 401.06 PERMITTED LOT SIZES WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, to allow divisions to existing rural preservation tracts that have been recorded. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on May 1, 2013; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on June 12, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to allow divisions to existing rural preservation tracts that have been recorded. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to allow divisions to existing rural preservation tracts that have been recorded. Passed this 12th day of June, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Charles S. DeHaven, Jr. Christopher E. Collins Opequon Magisterial District is vacant. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator COUN of FREDERICK Department of Planning and Development 540/665 -5651 MEMORANDUM FAX: 540/665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner * Subject: Discussion — Rural Preservation Lot Requirements Date: June 3, 2013 Staff has received a request to allow divisions to existing rural preservation tracts that have been recorded, so long as the division results in acreage being added to the preservation tract and only if the acreage being added comes from the overall rural preservation subdivision. Currently, the Zoning Ordinance states that "no future division" of these tracts is permitted; therefore, any acreage additions would be considered a "division" and would not be permitted once the preservation lot has been recorded. This item was discussed via email by the DRRC in March 2013. The DRRC was supportive of the proposed amendment being forwarded to the Planning Commission for discussion. One comment received recommended that the amendment be expanded to allow boundary line adjustments /consolidations of adjacent properties. The Planning Commission discussed this item on May 1, 2013. Members of the Commission could not foresee any disadvantage to allowing land to be added from outside of the rural preservation tract. It was believed any opportunity to increase the size of the rural preservation tract would be a positive action. The Commissioners and staff discussed draft language stating land could be added into the rural preservation tract, but land could not be removed from the rural preservation tract. The proposed ordinance amendment has been revised to reflect the Planning Commission recommendation. (Note: Commissioners Mohn, Madagan, and Triplett were absent from the meeting.) The attached document shows the existing ordinance with the proposed changes supported by the DRRC (bold italic for text added) and the Planning Commission. Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board deems it appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Resolution. CEP /pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 ATTACHMENT ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401— RA Rural Areas District § 165- 401.06 Permitted lot sizes. C. Rural preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: (a) Sixty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract). (b) This acreage must be designated prior to the division of the fourth lot. (c) No future division of this designated Rural Preservation Tract shall be permitted unless all the following are met: i. The division results in an overall acreage increase to the Rural Preservation Tract, and ii. Acreage added to the preservation tract may come from areas internal or external to the rural preservation subdivision; and iii. Acreage from the preservation tract may not be adiusted into parcels outside of the rural preservation subdivision; and iv. The Rural Preservation Tract continues to meet all requirements of Chapter 165 and 144. Action: BOARD OF SUPERVISORS: June 12, 2013 ❑ APPROVED ❑ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT 165- 401.06 PERMITTED LOT SIZES WHEREAS, the Frederick County Planning Department has been directed to revise requirements to allow divisions to existing rural preservation tracts that have been recorded. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on May 1, 2013; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on June 12, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to revise requirements to allow divisions to existing rural preservation tracts that have been recorded. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to revise requirements to allow divisions to existing rural preservation tracts that have been recorded. Passed this 12nd day of June, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Christopher E. Collins Charles S. DeHaven, Jr. Opequon Magisterial District is vacant A COPY ATTEST John R. Riley, Jr. Frederick County Administrator C OUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665 -6395 Memorandum To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator , L,,,;. w Date: May 29, 2013 RE: Southern Hills Stickley Drive Extension The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested: Town Run Lane, State Route Number 1012 0.03 miles Town Run Lane, State Route Number 1012 0.02 miles Town Run Lane, State Route Number 1012 0.03 miles Stickley Drive, State Route Number 1085 0.18 miles Staff is available to answer any questions. MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 12th day of June, 2013, adopted the following: WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Christopher E. Collins Gene E. Fisher Charles S. DeHaven, Jr. OPEQUON MAGISTERIAL DISTRICT VACANT A COPY ATTEST PDRes. #13 -13 John R. Riley, Jr. Frederick County Administrator ---------------- - - - - -- - In the County of Frederick By resolution of the governing body adopted June 12, 2013 The following VDOT Form AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Southern Hills Stickley Drive Extension Type Change to the Secondary System of State Highways: Abandonment The following facilities of the Secondary System of State Highways are hereby ordered abandoned, pursuant to the statutory authority cited: Reason for Change: Non - Project - Section 33.1 -151 Pursuant to Code of Virginia Statute: §33.1 -151 Street Name and /or Route Number Town Run Lane, State Route Number 1012 Old Route Number: 0 -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - • From: 0.25 mile south of Route 277 To: 0.28 mile south of Route 277, a distance of: 0.03 miles. VDOT Fond AM -43 (4 %202007) Maintenance Division Date of Resolution: June 12, 2013 Page 1 of Report of Changes in the Secondary System of State Highways Project /Subdivision Southern Hills Stickley Drive Extension Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1 -229 Street Name and /or Route Number ♦ Town Run Lane, State Route Number 1012 Old Route Number: 0 -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - • From: New Intersection with Route 1085, Stickley Drive To: Southern portion of Route 1012, Town Run Lane, a distance of: 0.02 miles. Recordation Reference: DB 746,593,010017348,030022762 Right of Way width (feet) = 60' Street Name and /or Route Number ♦ Town Run Lane, State Route Number 1012 Old Route Number: 0 -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - • From: 0.25 mile south of Route 277 To: New Intersection with Route 1085, Stickley Drive, a distance of: 0.03 miles. Recordation Reference: DB 746,593,010017348,030022762 Right of Way width (feet) = 60' Street Name and /or Route Number Stickley Drive, State Route Number 1085 Old Route Number: 0 -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - • From: Southern End of Existing Route 1085, Stickley Drive To: Intersection of Route 1012, Town Run Lane, a distance of: 0.18 miles. Recordation Reference: DB 746,593,010017348,030022762 Right of Way width (feet) = 60' VDOT Form AM -4.:> (420 /2007) Maintenance Division Date of Resolution: Page 2 of 2 MI t Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 Eric R. Lawrence, AICP Director MEMORANDUM TO: Frederick County Board of Supervisors John R. Riley, Jr., County Administrator FROM: Eric R. Lawrence, AICP, Planning Director CC: Uwe Weindel, FCSA Executive Director SUBJECT: Request for Scheduling a Work Session DATE: June 3, 2013 Staff requests the scheduling of a work session with the Board of Supervisors to learn about the Frederick County Sanitation Authority's plans for addressing future water and sewer needs within the county. The Planning Commission will be invited to participate in the work session. Staff would suggest the following dates for this work session: Tuesday, July 2, 2013 at 12:00 PM (lunch provided) Wednesday, July 3, 2013 at 12:00 PM (lunch provided) Monday, July 8, 2013 at 12:00 PM (lunch provided) Tuesday, July 9, 2013 at 12:00 PM (lunch provided) Wednesday, July 10, 2013 at 5:00 PM (prior to Board meeting, dinner provided) Thursday, July 11, 2013 at 12:00 PM (lunch provided) Friday, July 12, 2013 at 12:00 PM (lunch provided) Please let staff know which date would best work with your schedule. Thank you. ERL /bad 107 North Kent Street e Winchester, Virginia 22601 -5000