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January 13 2016 Regular Meeting Minutes201 A Closed Session of the Frederick County Board of Supervisors was held on Wednesday, January 13, 2016 at 6:34 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Blaine 1'. Dunn; Robert A. Hess; Gary A. Lofton; and Judith McCann - Slaughter. ABSENT Gene E. Fisher and Robert W. Wells (arrived at 6:40 p.m.). CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board convened in closed session pursuant to Section 2.2 -3711 A (1} of the Code of Virginia, 1950, as amended, for discussion of a personnel matter, specifically, concerning -the terms and conditions of the employment of the county attorney. The above motion was approved by the following recorded vats: Charles S. DeHaven, Jr. Aye Blaine 1'. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Absent (Supervisor Wells arrived at 6:40 p.m, and joined the closed. session.) Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board came out of closed session and reconvened in open session.. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E, Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board certified that to the best of each board member's knowledge that only personnel matters, pursuant to Section 2.2 -3711 A (1) of the Code of Virginia, 1950, as amended, specifically a personnel Minute Bo ©k Number 41 Board of Supervisors Closed Session and Regular Meeting of 41!13!16 zoz matter concerning the terms and conditions of the employment of the county attorney were discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye REGULAR MEETING —CALL TO ORDER Chairman DeHaven called the regular meeting to order. INVOCATION Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Lofton led the Pledge of Allegiance. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 201fi: Selection of Vice - Chairman -- Gene E. Fisher Eleeteci Supervisor Lofton nominated Supervisor Gene E. Fisher for the office ofVice- Chairman. The nominat %on was seconded by Supervisor Hess. Upon a motion by Supervisor Lofton, seconded by Supervisor Slaughter, the Board closed the nominations. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, punn Aye Gene E. Fisher Absent Robert A. Hess •Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye The motion to approve Supervisor Gene E. Fisher as Vice - Chairman was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Ado tion of Rules of Procedure — A roved Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 01/13/16 20� Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board adopted the Rules of Procedure Frederick County Board of Supervisors, adopted May 28, 2003, amended September 14, 2011 and Robert's Rules of Order Simplified and Applied. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Selection of a Parliamentarian — County Admini�tratar Elected Upon a motion by Hess, seconded by Supervisor Dunn, the Board elected the county administrator as Parliamentarian. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Mary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Selection of a Time and Place for Re ular Meetin s - A roved Supervisor Lofton moved that the second and fourth Wednesdays of each month, at 7:00 P.M., in the Board of Supervisors' Meeting Roam, County Administration Building, 107' North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2015. Shauld the meeting be cancelled due to inclement weather, then it will take place on the following evening. The motion was seconded by Supervisor Wells. The above motion was passed by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Chairman's Board /Committee Assi nments - Approved Chairman DeHaven asked the Board to endorse the committee assignments. Charles S. DeHaven, Jr.: Finance Committee; Joint Finance Committee; Metropolitan Planning Organization; Northwestern Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting al OlIl3flb �Q4 Regional Jail Board alternate. Robert W. Wells: Code and Ordinance Committee; Human Resources Committee; Public Works Committee; Regional Jail Board; Handley Regional Library liaison. Robert A. Hess: Human Resources Committee Chairman; Code & Ordinance Co1n1r1ittee; Technology Committee, Public Works Committee, Northern Shenandoah Valley Regional Commission; and Tourism Board Gary A. Lofton: Transportation Committee Chairman; Technology Committee Chairman; Public Safety Committee; Finance Committee; Economic Development Authority; Social. Service Board; Agricultural District Advisory Committee; Extension Leadership Council. Gene E. Fisher: Public Works Committee Chairman; Public Safety Committee Chairman; Transportation Committee; Airport Authority; Conservation Easement Authority; Frederick Winchester Service Authority; Sanitation Authority liaison. Judith McCann - Slaughter: Finance Committee Chairman; Technology Committee; Transportation Committee; Joint Finance Committee; Metropolitan Planning Organization; Northern Shenandoah Valley Regional Commission; Juvenile Detention Center Board; Northwestern Regional Adult Detention Center Board. Blaine P. Dunn: Code & Ordinance Committee Chairman; Human Resources Committee; Parks &Recreation Commission liaison; Planning Commission liaison; Fire & Rescue Association liaison. Citizen Comixaittee Appoint�nnents CODE &ORDINANCE COMMITTEE Derek C. Aston Stephen G. Butler James A. Drown FINANCE COMMITTEE Bill M. Ewing Angela L. Rudolph HUMAN RESOURCES COMMITTEE Don Butler Dorrie R. Greene Beth Lewin PUBLIC SAFETY COMMITTEE Jerry Zemlachenko Charles R. "Chuck "Torpy PUBLIC WORKS COMMITTEE David W. Ganse, AIA Whitney "Whit" L. Wagner Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 01113/16 C�� James T. Wilson TECHNOLOGY COMMITTEE Quaisar Absar Todd Robertson Lorin Sutton TRANSPORTATION COMMITTEE James M. Racey, II Barry G. Schnoox JUVENILE DETENTION CENTER COMMISSION Robert T. Williamson as a Frederick County Representative 4 year term Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board endorsed the Chairman's committee appointments for 2016. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A, Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye ADOPTION OP AGENDA - APPROVED Upan a motion by Supervisor Wells, seconded by Supervisor Dunn, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the following items under the consent agenda: - Minutes — Tab A, - Request to Approve Holding Two Rabies Clinics in 2016 —Tab H, - Request to Schedule Public blearing Re: Granting of Conveyance of an Easemenfi for Clearbrook Volunteer Fire and Rescue, Inc. Across a Portion of Clearbrook Park Property —Tab I, - Human Resources Committee Report —Tab IC, and - Parks and Recreation Commission Report —Tab L. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Minute Book lumber 41 Board of Supervisors Closed Session and Reguiar Meeting of 01/13/16 � � � Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED UNDER CONSENT AGENDA The minutes from the November 12, 201 S Regular Meeting, December 9, 2015 Closed Session and Regular Meeting, and December 1 A�, 201 S Transportation Forum were approved under the consent agenda. COUNTY OFFICIALS PRESENTATION OF RESOLUTION OF APPRECIATION OF ERIC R. LAWRENCE Chairman DeHaven presented farmer Frederic) County Director of Planning and Development Eric R. Lawrence with a resolution of appreciation, which was adopted by the Board at its December 9, 2015 meeting. COMMITTEE APPOINTMENTS APPOINTMENT OF LESLIE STEWART AS PARENT REPRESENTATIVE TO THE COMMUNITY POLICY AND MANAGEMENT TEAM - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board appainted Leslie Stewart to fill the unexpired term of Holly L. Buck as parent representative to the Community Policy and Management Team. Term expires June 30, 2016. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A, Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye APPOINTMENT OF PATRICIA RILEY AS STONEWALL DISTRICT REPRESENTATIVE TO TIIE SOCIAL SERVICES BOARD - AFFROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board appointed Patricia Riley as Stonewall District representative to the Social Services Board. This Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 01/33/16 2d7 is a four year appointment. Term expires January 13, 2020. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E, Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann�Slaughter Aye Robert W. Wells Aye RE UEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APRPOVED County Administrator Brenda Garton advised the Commissioner of the Revenue was requesting the Board authorize the Treasurer to credit the following: 1, Glass America Southeast, Inc. the amount of $2,833.92 far business license taxes in 2014 and 2{}15 and personal property taxes in 2015. This refund is a result of this company's change of ownership. The operation of the company remains in Frederick County. The new charges are the same amount as this refund and have been paid by the new ownership. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the above refund and supplemental appropriation by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 2. Crown Cork &Seal Co. USA, Inc. the amount of $352,334.40 for personal property taxes in 2012, 2013, and 2014. This refund is a result of new packaging equipment being taxed as machinery and tools. The taxpayer showed that the equipment was not necessary, under state rules, to prevent contamination, making the purpose of the equipment being for shipping only and therefore statutorily intangible. Therefore, the equipment is exempt from the machinery and tools tax. The taxpayer filed an appeal and the Commissioner verified the status of the equipment, including by a walk- thxough of the plant, and verified that the documentation and details for this refund meet ail requirements. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the above refund and supplemental appropriation by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RE UEST FOR ADOFTION OF FREDERICK COUNTY'S 201.6 EMERGENCY OPERATIONS PLAN � (RESOLUTION #048 -1.6) - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, the Board adopted Minute Book Number 4l Board of Supervisors Closed Session and Regular Meeting of 01/13/16 �: the updated 2016 Emergency Operations Pian, WHEREAS, the Board of Supervisors of Frederick County, Virginia recognizes the need to prepare for, respond to, and recover from natural manmade disasters; and WHEREAS, Frederick County has a responsibility to provide for the safety and wellbeing of its citizens and visitors; and WHEREAS, Frederick County has established and appointed a Director, Coordinator, and Deputy Coordinator of Emergency Management. NOW, THEREFORE, BE IT RESOI:,VED by the Board of Supervisors of Frederick County, Virginia, this Emergency Operations Plan as revised is officially adopted; and IT IS .FURTHER RESOLVED AND ORDERED that the Coordinator of Emergency Management or his/her designee, are tasked and authorized to maintain and revise as necessary this document over the next four (4) year period or until such time be ordered to come before this board. The above nrlotion was approved by the following recorded vote: Charles S. DeHaven, Jr, Aye Blaine P. Dunn. Aye Gene E. Fisher Absent Robert A, Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye RE UEST TO APPROVE HOLDING TWO RABIES CLINICS IN 2016 — APPROVED UNDER CONSENT AGENDA The Board approved conducting two rabies clii.ics at the Frederick County Esther Boyd Animal Shelter in May and October. REQUEST TO SCHEDULE PUBLIC HEARING RE: GRANTING OF CONVEYANCE OF AN EASEMENT FOR CLEARBROOK VOLUNTEER FIRE AND RESCUE, INC. ACROSS _ A PORTION OF CLEARBROOK PARK PROPERTY — APPROVED UNDER CONSENT AGENDA - �� The Board authorized a public hearing on the granting of an easement for the Clearbrook Volunteer Fire and Rescue, lnc. across a portion of Clearbrook Park property for the February 10, 2016 meeting. RESOLUTION { #049 -16) AUTHORIZING PURCHASE OF PROPERTY AT 692 OLD CHARLES TOWN ROAD STEPHENSON VIRGINIA AND AUTHORIZATION OF APPROPRIATION OF PROFFER FUNDS - APPROVED Upon a motion by Supervisor Hess, seconded ly Supervisor Wells, the Board approved the resolution approving the purchase of property at 692 Old Charles Town Road and authorizing the appropriation of proffer funds. WHEREAS, the County of Frederick, Virginia, desire to acquire the property and improvements located at 692 Old Charles Town Road, Stephenson, Virginia identified as Frederick County property identification number 44 -A -139 containing .912 acres. WHEREAS, on December 16, 20 i 5 the Finance Committee considered this item and Minute Sook Number 41 Board of Supervisors Closed Session and Regular Meeting of 01/13/16 C�� recommended approval of the purchase of the said property; and WHEREAS, the appraised value of said property was defined at $ 92,000; WHEREAS, the finance Committee recommended a general fund supplemental appropriation in the amount of $ 92,000 in proffer funds to purchase said property; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Frederick, Virginia hereby approves the purchase of the real pr ©party and irnprovements located at 692 Old Charles Town Road, Frederick County property tax identification number 44 -A -139; and BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick hereby approves a general fund supplemental appropriation of fibs amount of $ 92,00{} in proffer funds to purchase said property. APPROVED this 13th day of January, 2016. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COMMITTEE REPORTS HUMAN RESOURCES COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The HR Cammittee met in the first Floor Conference Roam at i 07 North Kent Street at $:00 a,m. on friday, December 11, 2015. Goznmittee members present were Supervisor Robert Hess, citizen members Dorris Greene and Beth Lewin; absent were Supervisors Blaine Dunn and Robert Wells and citizen member Don Butler. 1. None ** *Items Requiring Action * ** ** *Items Not Requiring Action * *X 1. Brenda Garton, County Administrator, presented the Committee with information regarding the procurement of an Applicant Tracking Software Package. The Committee endorsed the purchase of the NEOGOV system.. There being no further business, the meeting was adjourned. The next HR Committee meeting is currently scheduled for Friday, January $, 2016, PARKS AND RECRATION COMMISSION REPORT -- APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission rnet on December $, 2015. Members present were: Patrick Anderson, Randy Carter, Natalie Gerometta, Ronald Madagan, Charles Sandy, Jr., anal Blaine Dunn. Members absent were: Gary Longerbeam and Kevin Anderson. Items Requiring Board of Supervisors Action: Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 0111311b 21� X. Proposed Parks and Recreation Commission Bylaw Revision -- Mr. Madagan moved to revise Artiele 3, Section 5 of the Parks and Recreation Commission Bylaws to state "Commission members are required to attend seventy -five percent of the held commission meetings. Consideration of committee meetings will be considered by the Executive Committee for those members not attending seventy -frve percent of held meetings. Members failing to attend seventy -five percent of held commission meetings and not active in committee meetings will be notifred by the chairperson regarding their lack of attendance ", second by Mr, Patrick Anderson, motion carried unanirnausly (5 -0 }. 2. Buildings and Grounds Committee --- Clearbrook Fire and Rescue Easement Request —The Buildings and Grounds Committee recommends approval of the easement request and waiving of the easement fee with the following stipulations. Clearbrook Volunteer Fire and Rescue will pay the easement fee and appropriate interest if they sell the property within ten years, will allow Parks grid Recreation access to overflow parking at no charge, if requested, anal building access at no charge for meeting space, second by Mr. Patrick Anderson, motion carried unanimously (5 -0 }. A public hearing is required if the Board of Supervisors wish to move forward with the Parks and Recreation Commission's recommendations. Submitted for Board Information Only: L Finance Committee — Fiscal 201'1 Fees and Charges — Mr. Madagan moved to accept the Fiscal Year 2017 fees and charges as recommended by the Finance Committee, second by Mr. Carter, motion carried unanimously (5 -0 }. 2. Finance Committee — Fisca12017 Budget Request — Mr. Fatrick Anderson moved to accept the Fiscal Year 2017 Budget as recommended by the Finance Committee, second by Mr. Madagan, motion carried unanimously (5 -0 }. 3. Closed Session: Mr. Madagan moved to convene into closed session under Virginia Code 2,2 -371 lA(3) for discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, second by Mr, Kevin Anderson, motion carried unanimously (5 -0 }. Mr. Madagan moved to exit closed session, second by Mr. Carter, carried unanimously (5 -0). A11 Commission members present were polled re: any discussion besides the matter for closed session, all said no. FINANCE COMMITTEE REPORT — APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 Narth Kent Street on Wednesday, December lb, 2015 at $:00 a.m. Member Richard Shickle was absent. 1. The NRADC Superintendent requests an NRADC fund budget transfer in the amount of $3$0,000 from medical insurance to overtime and merit reserve. Policy requires Board approval to transfer out of a fringe benefit line item. See attached memo, p. 3. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye 3udith McCann - Slaughter Aye Robert W. Wells Aye Minute Book Number 41 Board of supervisors Closed Session and Regular Meeting of 01/13/16 -L -- �� 2. The Voter Registrar requests a General Fund supplemental appropriation in the amount of $38,614. This amount represents costs associated with the March 2016 Presidential Primaries. Local funds are required. See attached memo, p. 4 — 5 • The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells AYe 3. The Winchester Regional Airport Director provides an update on the Airport operating budget for FY 2016. See attached information, p. 6 — 26. No action required. 4. The Planning Deputy Director requests a General Fund supplemental appropriation in the amount of $100,000. This represents a monetary contribution proffered related to the Stephenson Village Planned Residential Community far the Clearbrook Volunteer Fire &Rescue Company. See attached memo, p.27 — 28. `The committee recommends approval. - .APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn AYe Gene E. Fisher Absent Robert A. Hess AYe Gary A. Lofton AYe Judith McCann - Slaughter Aye Robert W. Wells Aye 5. Closed session, pursuant to Virginia Code Section 2.2- 3711 {A } {3 }, for discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County. Motions to go into closed session, conclude closed session, and certify closed session were made by Mr. Lofton, seconded by Ms. Rudolph, and approved by the committee. The closed session was certified by a roll Bail vote of each voting member of the committee present. The committee recommends a General Fund supplemental appropriation in the amount of $92,000 in proffer funds to purchase property. — APPROVED EARLIER IN THE MEETING F* *Information Only * *" 1. The Finance Director provides a Fund 10 Transfer Report for November 2015. See attached, p. 29. 2. The Finance Director provides an FY 201£ Fund Balance Report ending December 10, 201 S. See attached, p. 30. 3. The Finance Director provides financial statements for the month ending November 30, 201 S, See attached, p. 31 — 41. 4. An updated FY 2017 budget calendar is pro��ided. See attached, p. 42. 5. NW Works sends a letter of appreciation fox the support received from the County. See attached, p. 43. Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 011i311G f��� PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #04 -15 FOR JERRY LEE AND KYUNG LEE SUBMITTED FOR MODIFICATION OF CUP #22 -04 TO ADD A MONUMENT SIGN. THE PROPERTY IS LOCATED AT 549 VALLEY MOLL ROAD ROUTE 6S9 ANA IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER S5 -A -56 IN THE RED BUD MAGISTERIAL DISTRICT — SOLUTION #OSO -16 - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit to allow a monument sign. The property is located at 549 Valley Mill Road in the Red Bud Magisterial District. It is zoned RP (Residential Performance} District. The Planning Commission recommended approval with the following conditions: 1. .All review agency comments and requirements shall be complied with at all times, to include the approved conditions for this adult care facility. 2. Only one (1 }monument sign 44 square feet in size and 5 feet in height allowed on the property. Chairman DeHaven convened the public hearing, There were no public comments. Chairman DeHaven closed the public hearing, Upon a motion by Supervisor Dunn, seconded by Supervisor Hess, the Board approved Conditional Use Permit #04- i 5. WHEREAS, Conditional Use Permit #04 -15 Of Jerry Lee and Kyung Lee, submitted by Jerry Lee and Kyung Lee, to enable a monument sign to be erected in association with a previously approved adult care facility known as Rose Memorial {CUP #22 -04) was considered. The property is located at 549 Valley Mill Road (Route 659 }. The property is further identified with Property ldentif cation Number 55 -A -S6 in the Red Bud Magisterial District; and 'WHEREAS, the Frederick County Planning Commission held a public hearing on the conditional use permit on December 2, 2015, and recommended approval of the Conditional Use Permit with conditions: and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on January 13, 2016; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this conditional use permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning,rs amended to revise the zoning map to reflect that Conditional Use Permit Application #04 -15 of Jerly Lee and Kyung Lee may erect a monument sign in association with the previously approved adult care facility known as Rose Memorial on the parcel ldentif ed by Property Identification Number (PIN) 55 -A -56 with the following conditions: Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of U1113/16 �� 1. All review agency comments and requirements shall be complied with at all times, to include the approved conditions for this adult care facility; and 2. Only one (1) monument sign 44 square feet in size and 5 foot in height allowed on the property. Passed this 13th day of January, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - REZONING #11 -15 OF FREEDOM MANO SUBMITTED BY PENNONI ASSOCIATES TO REZONE 13.$596 ACRES FROM THE RA RURAL AREAS DISTRICT TO THE RP RESIDENTIAL PERFORMANCE DISTRICT AND 33.6$19 ACRES FROM THE RP RESIDENTIAL PERFORMANCE DISTRICT TO THE RP RESIDENTIAL PERFORMANCE DISTRICT WITH PROFFERS. THE PROPERTIES ARE LOCATED EAST AND ADJACENT TO PAPERMILL ROAD ROUTE 644 APPROXIMATELY 2 300 FEET NORTHWEST OF THE EXISTING SIGNALIZED INTERSECTION OF FRONT ROYAL PIKE OUTE 522 AND PAPERMILL ROAD ROUTE 644 AND ARE IDEN'T'IFIED BY PROPERTY IDENTIFICATION NUMBERS 64 -A -23 64 -A -20 AND 64 -A -19 IN THE SHAWNEE MAGISTERIAL DISTRICT (RESOLUTION #051 -161 - APPROVED Senior Candice Perkins appeared before the Board regarding this item. She advised this was a request to rezone 13.8596 acres from RA (Rural Areas} District to the RP {Residential Performance) District and 33.6819 acres from RP {Residential Performance) District to the RP (Residential Performance) District with proffers to allow the construction of 300 units. Phase I would include 100 single family detached and phase II would include 200 multi - family and townhouse units. The property would be accessed off of Papermill Road and via Madison Village. The applicant has proffered a monetary contribution to community facilities to offset costs. The applicant would also allow a transfer of development rights to pay the monetary contribution as well. She noted two minor proffer revisions, which were at the Board's seats this evening. The first was the removal of an interparcel connector. The second was a decrease of $250 per residential unit proffer. The Planning Commission recommended approval of this proposed rezoning. Supervisor Dunn expressed some concern about the transportation and road impacts, particularly if there is a continuing approval of these types of developments. Deputy Planning Director-Transportation John Bishop stated that a number of small - rezonings do have potential to overload the road system, but he noted many applicants often proffer road and signalization improvements to address those impacts. Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 41113/16 2� 4 Patrick Sowers, Pennoni Associates, advised the two changes proposed tonight were the result of input received. He noted there was a restricted covenant that would not allow Westwood Drive to connect to their development, so there was no reservation of aninter- parcel connector. Chairman DeHaven convened the public hearing. There were no citizen comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved Rezoning # 11 -1 � with the proffers as amended. WHEREAS, Rezoning #11 -15, of Shen - Valley Land Holdings, LLC, submitted by Pennoni Associates to rezone 33.b819 acres from the RP (Residential Performance} District and. 13.8596 acres from the RA (Rural Areas} District to the RP (Residential Performance) District with. proffers, final revision date January 11, 2016 was considered, The properties are located east and adjacent to Papermill Road (Route 644), approximately 2,300 feet northlwest of the existing signalized intersection of Front Royal Pike (Route X22} and Papermill Road (Route 644 }. The properties are further identified with PIN(s} 64 -A -23, 64 -A -20 and 64 -A -19 in the Shawnee Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 2, 2015 and recommended approval; and WHEREAS, the Board of Supervisars held a public hearing on this rezoning on JaYUary 13, 2016; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public heaith, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 33.6819 acres from the RP (Residential Performance) District and 13.$596 acres from the RA (Rural Areas} District to the RP (Residential Performance) District with proffers, final revision date January 16, 2x16. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 13th day of January, 2016 by the following recorded. vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLE II SUPPLEMENTARY USE REGULATIONS• PARKING• BUFFERS• AND REGULATIONS FOR SPECIFIC USES• PART 201 SUPPLEMENTARY USE REGULATIONS SECTION 165 - 201.02 SETBACK REOUhREMENTS. REVISION TO THE Minute Book Dumber 41 Board of Supervisors Closed session and Regular Meeting of 01113/16 �� FREDERICK COUNTY ZONING ORDINANCE TO REMOVE THE R5 SIDENTIAL RECREATIONAL COMMUNIT DISTRICT SUPPLEMENTARY USE REGULATIONS FOR SETBACK EXTENSIONS. - SOLUTION #052 -16 - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item, She advised this was an ordinance amendment to remove the RS District from the supplementary use regulations for setback extensions. The Planning Commission recommended approval. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved the ordinance amending the Frederick County Code, Chapter 165 Zoning, Fart 201 — Supplementary Use Regulations, Article II — Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses § 165- 201.02 — Setback Requirements. WHEREAS, an ordinance to amend Chapter 165, Zoning to remove the RS (Residential Recreational Community) Zoning District from the supplementary use regulations extension provision was considered; and WHEREAS, The Planning Commission held a public hearing on this ordinance on December 2, 2015; and WHEREAS, The Board of Supervisors held a public hearing an this ordinance on January 13, 2016; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick Caunty Board of Supervisors that Chapter 1S5 Zoning, is amended to modify Fart 201 -- Supplementary Use Regulations; Article II — Supplementary Use Regulations; Parking; Buffers; and Regulations For Specific Uses; fi].65- 201.02 — Setback Requirements; to remove the R5 (Residential Recreational Community) Zoning District from the supplementary use regulations extension provision. ' This amendment shall be in effect on the day of adoption. Article II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 201 — Supplementary Use Regulations § 165 - 201.02 Setbaek requirements. f'. Extensions into setback yards. The following features may extend into setback yards as described: (1) Air conditioners and similar equipment. Air conditioners, heat pumps and similar mechanical equipment that are attached to the primary structure may extend three feet into any side or rear yard area. but shall not be closer than five feet to any lot line. Minute Soak Number 41 Board of Supervisors Closed Session and Regular Meeting of 01/13/16 216 (2) Architectural and structural features. Cornices, canopies, awnings, eaves, gutters or other similar overhanging features which are least eight feet above the grade may extend three feet into any required yard setback area. Chimneys, sills, headers, belt courses and similar structural features may extend three feet into required yard setback areas. (3) Porches and related features. In the RA and MH1, and I� Zoning Districts, balconies, porches, stoops, decks, bay windows, steps and stairways whicka comprise less than 113 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than eve feet to a lot line. Passed this 13th day of January, 2016 by the following recorded vote: This resolution was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Absent Robert A. Hess .4ye Gary A. Lofton .dye Judith McCann - Slaughter Aye Robert W. Wells Aye BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Hess welcomed Supervisor Slaughter and Chairman DeHaven. Supervisor Dunn reported that he, Supervisor Slaughter, and Administrator Garton attended the VACo Supervisors' forum in Richmond this past weekend. He appreciated Administrator Garton taking the time to go with them. He wished Chairman DeHaven well during his time as chairman. n rnrru�r UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:51 P.M.} c-°� Charles S. DeHaven, Jr. Chairman, Board of Supervisors Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of o11131i6 rexxda G. Garton Clerk, Board of Supervisors 217 Minutes Prepared By: � _ � , .� . C_. , �"" - � s Jay E. �I`il�is Deputy Clerk, Board of Supervisors Minute Book Number 41 Board of Supervisors Closed Session and Regular Meeting of 01/13/16