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April 13 2016 Regular Meeting MinutesI! J A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 13, 2016 at 7:00 P.M., in the Board of Supervisors' Meeting Raom, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Gene E. Fisher; Blaine P. Dunn; Robert A. Hess; Gary A. Lofton; Judith McCann - Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the rr�eeting to order. INVOCATION Vice�Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator Brenda Garton suggested removing Tab E from the consent agenda because some board members wish to discuss that item. Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, the Board approved the agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Slaughter, the Board approved the following items under the consent agenda: - Minutes -- Closed Session and Regular Meeting of March 23, 2016 and Budget Wark Session of March 31, 2016 —Tab A; and - Transportation Committee Report — Take F, The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton .Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Minute Book Number 41 Board of Supervisors Regular Meeting of 04/13116 CITIZEN COMMENTS Dr. David Sovine, Superintendent of Frederick County Public Schools, expressed his appreciation and the School Board's appreciation for the work on the budget and the allocation of $4.3 million in additional money. He noted that even with the additional funding the school board would still have to cut needed staffng and equipment in order to accept the state's money to enable a 2% salary increase. He went on to say the needs would not go away because they were not funded. He stated that next year the schools would be facing an increase in the Virginia Retirement System and increased debt service associated with the replacement Frederick County Middle School. These two items total approximately $4 million. He hoped the Board of Supervisors and School Board could engage in a dialogue to discuss the school's needs. He . concluded by thanking the Board for their support of the school system. Jay L. Marts, Gainesboro District, read the following statement: "I ask you to vote ND on this tax increase and government expansion. The budget increases over 5 %, property taxes increase over 7%, occupancy tax goes up and the government employees receive a pay raise. This salary increase will put over $1500 into the pockets of the average public servant and your will also cover the approximate 7% increase in their health insurance. There is an appropriate time to give incentives to government employees, such as when the economy is strong and the private sector is thriving. This is not the case today. This is a clear case of wealth re- distribution, same might say THEFT. I previously reviewed the fifty -eight X58% County Department budget code line items c% discovered that you were only able to find savings in one. A whopping �I400 in litter control. So out of 2,$SO government employees, this doesn't event cover the increased funding for one of them. NOT ONE. I do not feel there was a serious effort to find any offsets in the budget to pay for these government pay raises. dour only solution is to RAISE TAXES. Today is Thomas Jefferson's birthday and I would remind you that "Back in the Day "... Our founders instituted this government to secure our rights. Property high among them. Additionally an important principle was that the power of the government must be derived from the consent of the people. We (the people) must consent.11l I do not believe you have our consent for the tax increase & government expansion. Ilere are 100+ registered voters and taxpayers from the Gainesboro District who say NO to this tax increase. Thank you for allowing me to address the Board BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED UNDER CONSENT AGENDA Minute Book Number 41 Board of Supervisors Regular Meeting of 04/13/16 �o�. The minutes from the March 23, 2016 closed session and regular meeting and the March 31, 2016 budget work session were approved under the consent agenda. COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF LINDA GIBSON AS FREDERICK COUNTY REPRESENTATIVE TO PEOPLE, INC, - APPROVED Upon a motion by Supervisor Lofton., seconded by Supervisor Hess, the Board appointed Linda Gibson as Frederick County's representative to People, Inc. by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lafkon Aye Judith McCann - Slaughter Aye Robert W, Wells Aye ADOPTION OF FISCAL YEAR 2016 -2017 BUDGET, FISCAL YEAR 2016 -17 APPROPRIATIONS AND SETTING OF 2016 TAX RATES — RESOLUTION #060-1.61- APPROVED Upon a motion by Supervisar Slaughter, seconded by Supervisor Lofton, the Board adopted the Fiscal Year 2016 -2017 Budget, Fiscal Year 2016 -2017 Appropriations, and set the 2016 tax rates. W HEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on March 23, 2016, in accordance with Title 15.2, Chapter 25, Section 15.2- 2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2016 -2017 Fiscal Year as advertised in The Winchester Star on March 14, 2016, be hereby approved in the amount of $389,.179,525. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2016 -2017 fiscal year be adopted and the funds appropriated as follows: GeneralOperatin Fund $163,306,583 Regional Jail Fund 21,161,388 Landfill Fund 7,035,435 Division of Court Services Fund 704,994 Shawneeland Sanitary District Fund 942,848 Ai ort Operatin Fund 1,802,568 Lake Holiday Sanitary District Fund 779,998 EMS Revenue Recovery Fund 1,802,974 Economic Develo ment Authority Fund 5 ?7,495 School Q eratin Fund 153,211,000 Sehoal Debt Service Fund 16,446,289 School Ca ital Prajects Fund 3,000,000 School Nutrition Services Fund 6,669,757 School Textbook Fund 2,666,452 NREP O erating Fund 5,346,744 lVIinute Book Plumber 41 Board of supervisors Regular IVIeeting of 04113/76 �o NREP Textbook Fund 50,000 Consolidated ServiceslMaintenance Fund 3,600,000 School Private Purpose Funds 75,000 BE IT FU1tTHER RESQLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 2016 assessment year as follows: Pro e Taxes —Rates er .100 of assessed value $0.60 Applied to real estate, including mobile homes $42 Applied to personal property including $4.86 business equipment $2.25 Applicd to personal property on one vehicle to $12 volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department $0.01 Applied to airplanes Zero tax Applied to antique vehicles and mopeds $2,00 On declining vaiues to be applied to machinery and tools. The declining values are 60% for year one, SD% for year two, 40% for year three, and 3D% for year four and all subsequent years. $2.00 On apportioned percentage of book values to be applied to Contract Classified Vehicles and equipment Business and Professional Occu ational License Rates Contractors $0.16 per $1D0 of gross receipts Retail $0.20 per $1 DO of gross receipts Financial, Real Estate, and Professional $D.58 per $1D0 of gross receipts Services Repair, personal and business services $D.36 per $100 of gross receipts and all other businesses and occupations not specifically listed or exempted in the County Code Wholesale $0.05 per $100 ofpurchases The tax rates for other businesses and occupations specif cally listed in the County Code are also unchanged. Other General Taxes Meals tax 4% of gross receipts Transient Occupancy tax 2.5% of gross receipts Vehicle License Taxes $25 per vehicle and $10 per motorcycle Shawneeland Sanitary District Taxes $190 ilnirnproveci Lots $560 Improved Lots Lake Holida�Sanitary District Taxes Minute Boak Number 41 Board of supervisors 12egular Meeting of 04/13/16 Sanitary Landfill Fees � $47 Per ton for commercial /industrial $42 Per ton for construction demolition debris $18 Per ton for municipal waste $36 Per tan for municipal sludge $12 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190 ilnirnproveci Lots $560 Improved Lots Lake Holida�Sanitary District Taxes Minute Boak Number 41 Board of supervisors 12egular Meeting of 04/13/16 ���os $678 Buildable Lots $264 Unbuildable Lots Lots owned by Lake Holiday Country Club, Inc. $0 Buildable Lots and Unbuildable Lots Star Fort Subdivision TaxesfFees $60 Per Lot Street Light Fees Oakdale Crossing and Fredericktowne $60 annually Green Acres $25 annually BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, length of service fund, special grant awards fund, employee benefits fund, maintenance insurance fund, development project fund, sales tax fund, corrlmonwealth sales tax fund, unemployment compensation fund, Forfeited Assets Program, and Four - For -Life and Fire Programs equal to the total cash balance on hand at July 1, 2016, plus the total amount of receipts for the fiscal year 2016 -2017. The Fire Company Capital appropriation will include the current year appropriation. plus any unused funds at the end of the fiscal year 20`16. BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2016, are re- appropriated to the 2016 -2D17 fiscal year to the same department and account for which they are encumbered in the 2D15 -2016 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a carryforward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2016. Supervisor Dunn acknowledged the hard work an the proposed budget; however, the proposal does not address debt. He stated he would like to see a five year budget. He noted the debt issue was a deterrent to him. Supervisor Slaughter moved to amend. her motion and set aside $1 million from the contingency fund to be used to pay off existing debt or reduce future borrowing. The motion was seconded by Vice - Chairman Fisher Supervisor Dunn moved to amend the motion to decrease the current tax rate from $0.6D to $O.S85. The motion died for lack of a second, Supervisor Hess stated that he believed the current expenses should be met out of current revenues. He went an to say steps should be taken to increase fund balance in order to decrease the need to borrow. Supervisor Slaughter's motion to amend was approved by the fallowing recorded vote: Charles S. DeHaven, Jr, Aye Blaine P. Dunn Aye Gene E. Fisher Aye Rabert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Rabert W . Wells Nay Minute Book Number 41 Board of supervisors Regular Meeting of 04/13/16 The amended motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Gene E. Fisher Aye Robert A. Hess Nay Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Nay RESOLUTION ( #061 -16) OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY VIRGINIA CONSENTING TO THE ISSUANCE OF REVENUE OBLIGATIONS BY THE NORTHWESTERN REGIONAL JAIL AUTHORITY PURSUANT TO THE SECOND AMENDED AND RESTATED REGIONAL JAIL AGREEMENT AND OTHER MATTERS IN CONNECTION THEREWITH - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the Resolution of the Board of Supervisors of Frederick County, Virginia Consenting to the Issuance of Revenue Obligations by the Northwestern Regional Jail Authority Pursuant to the Second Amended and Restated Regional Jail Agreement and Other Matters in Connection Therewith. WHEREAS, the Counties of Clarke, Fauquier and Frederick, Virginia, and the City of Winchester, Virginia (collectively, the "Participating Jurisdictions "), have created the Northwestern Regional Jail Authority {the "Authority "} pursuant to Chapter 3, Article 3.1 of Title 53.1 (the "Act ") of the Code of Virginia, 1950, as amended (the "Code " }, far purposes of owning and operating the Northwestern Regional Adult Detention Center (the "Regional Jail "); WHEREAS, the Participating Jurisdictions and the Authority have entered into a Second Amended and Restated Regional Jail Agreement dated as of June 1, 2005 (the "Jail Agreement " }, providing for the ownership, operation and financing of the Regional Jail; WHEREAS, the Authority proposes to undertake certain capital improvements to the security system at the Regional Jail (the "Project " }; WHEREAS, to finance the Project, the Authority proposes to issue an additional series of Obligations (as defined in the Jail Agreement} (the " 2016 Obligations ") payable from and secured by amounts derived from the below- described Participating Jurisdiction Obligations in accordance with the terms of the Act and the Jail Agreement; WHEREAS, pursuant to Sections 4 and 6.F. of the Jail Agreement, the Participating Jurisdictions have each agreed to pay to the Authority amounts sufficient to pay when due its respective share of the principal of and interest on the Obligations, including the 2016 Obligations, based upon the "Allocation Formula" set forth in Section 4.A. of the Jail Agreement as such Allocation Formula may be adjusted pursuant to Section 6.F. in the event the Authority lacks sufficient funds to pay scheduled debt service on the Obligations or certain other costs (the "Participating Jurisdiction Obligations "); WHEREAS, the Authority has determined it is in the best interest of the Authority to sell the 2016 Obligations to the Virginia Resources Authority ( "VRA " }; and WHEREAS, the Authority has requested the consent of the Participating Jurisdictions to the issuance of the 2016 Obligations as provided in Section 3 of the Jail Agreement and VRA has required the Participating Jurisdictions to enter into certain agreements and to acknowledge certain matters as conditions to VRA's purchase of the 2016 Obligations; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS (THE "BOARD ") OF FREDERICK COUNTY, VIRGINIA (THE "COUNTY "): Minute Book Dumber 41 Board of Supervisors Regular Meeting of 04/13/16 1. The Board approves and consents to the undertaking of the Project, the issuance of the 2016 Obligations by the Authority in a principal amount not to exceed $2,795,400 in accordance with Section 3 of the Jail Agreement, the use of the proceeds of the 2016 Obligations to finance the Project and the costs of issuance related to the 2016 Obligations and the sale of the 2016 Obligations to VRA. 2. The Board (i} acknowledges that the 2016 Obligations will be payable from and secured by amounts derived pursuant to the Participating Jurisdiction Obligations, {ii) acknowledges that VRA would not purchase the 2016 Obligations without the security and credit enhancement provided by the Participating Jurisdiction Obligations, (iii} acknowledges that bosh the 2016 Obligations and the Participating Jurisdiction Obligations are "local obligations" within the meaning of Section 62.1 -199 of the Code, {iv) agrees that VRA is a third party beneficiary of the Jail Agreement, and (v) agrees that the Jail Agreement may not be modified or amended without VRA's pxiar written consent. 3. For purposes of Section 265 {b)(3 } {C)(iii) of the Internal Revenue Code of 1986, as amended, the County irrevocably agrees that the amount of the 2016 Obligations shall be allocated to each Participating Jurisdiction in the same proportion that each Participating Jurisdiction has been allocated payment responsibilities under the "Allocation Formula," determined for Fiscal year ending June 30, 2016, under the Jail Agreement with respect to the 2016 Obligations. 4. The County Administrator is hereby authorized and directed to execute and deliver such other documents as are necessary to enable the Authority to finance the costs of the Project, including, but not limited to, any agreements or certificates requested by VRA. Any other County official so designated by the. County Administrator is hereby similarly authorized and directed to execute and deliver such other documents. 5. All other acts of the officers of the County, heretofore or hereafter taken, that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the 2016 Obligations by the Authority and the undertaking of the Project, are hereby approved, ratified and confirmed. 6. Nothing in this Resolution or in the Jail Agreement is or shall be deemed to be a lending of the credit of the County or other Participating Jurisdictions to the Authority or to any holder of any of the 2016 Obligations or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County or the other Participating Jurisdictions within the meaning of the Constitution of Virginia. 7. This Resolution shall take effect immediately. Adopted: April 13, 2016. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye MEMORANDUM RE: REQUEST TO SET _SCHEDULE FOR BOARD MEETINGS DURING SUMMER MONTHS AND FOR NOVEMBER AND DECEMBER 2016. - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board canceled the June 8, 2016, July 13, 2016, August 24, 2016, November 23, 2016, and December 28, 2016 meetings. Minute Book Nnmber 4l Bard of Supervisors Regular Meeting of 04/13/16 �• The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on Apri14, 2016 at 8:30 a.rn. Members Present Members Absent Gary Lofton {voting} Mark Davis (liaison Middletown} Barry Schnoar {voting} Gary Oates (liaison PC} Judith McCann - Slaughter (voting) Gene Fisher (voting) James Racey {voting} Lewis Boyer (liaison Stephens City] *Kevin Kenney attended in place of Gary Oates for Planning Commission *Captain John Heflin attended on behalf of the Frederick County Sheriff s office {non- voting} None ** *Items Requiring Action * ** ** *Items Not Requiring Action * ** 1. Comprehensive Plan Transportation Section Update Tabled until next meeting. 2. House Bi112 Application Process Staff noted that they have conducted a number of meetings with VDOT arld others as they work to prepare for the fall HB2 application cycle. What follows is a preliminary list of potential applications far the committee's consideration. Projects are not listed in priority order.. 1. Route 37 from Exit 310 to Route 522 a. Smaller version of this application that looks at Route 3 7 from Exit 310 to future Warrior Drive and Warrior Drive from that location to its existing terminus is being discussed as well. 2. Route 277 from Exit 307 to Double Church Road with realignment of Aylor Road. a. Staff is also looking into a smaller version of this project that looks at Exit 307 to Stickley Drive and also includes the realignment of Aylor Road. 3. Route 11 South improvements in the vicinity of Shawnee Drive and Opequon Church Lane. 4. Realignment of Redbud Road to Snowden Bridge Blvd and concurrent realignment of the 1 -$1 NB Ramp to the current location of Redbud Road. S. Exit 313 improvements. In addition, staff noted that since the time of the agenda going out that they had their first safety meeting with the Sheriff's office and VDOT. This is a new and ongoing exercise that staff has worked to put together in order to bring more safety related projects for consideration from those that most directly deal with those issues. Many items came out of that meeting, but specific to Minute Book Number 41 Board of supervisors Regular MeeQing of 04/i3116 �� developing a HB2 application list the intersections of Warrior Drive at Route 2i7, Clydesdale at Route 522, and Paperrnill at Route 522 were discussed. Staff is expecting to potentially hear about more as the Sheriff and his offices hear of them from the Deputies. The committee was supportive of the list as presented; however, concern was noted regarding what form an application for exit 313 improvements would take and noted that is should include County needs on the east side of the interchange. 3. MPO Work Program Staff provided the draft MPO work program to the Committee for review and comment. The document is currently out for public comment. 4. Federal FAST Act Staff provided a brief overview of the Federal Fixing America's Surface Transportation (FAST) Act. It was noted that many of the new initiatives would have to filter dawn through VDOT but the key items were a renewed and increased focus on freight movement and an attempt to start streamlining the environmental review and permitting process. S. Ot11er Mr. Racey noted that the new left turn signals are mostly working well however, there needs to be some pause between when a vehicle arrives and the lights cycle to allow for the fact that certain movement clear on their own. PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #02 -1b FOR MARTHA SPARKMAN SUBMITTED FOR A COTTAGE OCCUPATION/ - MASSAGE THERAPY. THE PROPERTY IS LOCATED AT 1045 VALLEY MILL ROAD WINCHESTER VIRGINIA AND IS IDENTIFIED WITH. PROPERTY IDENTIFICATION NUMBER SS- A -176A IN THE REDBUD MAGISTERIAL DISTRICT. — (RESOLUTION #062 -16} „APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a cottage occupation for a massage therapy use. The property is located at 1045 Valley Mill Road in the Redbud Magisterial District. The property is zoned RP (Residential Performance) District; however, it is not part of any subdivision. The Planning Commission recommended. approval of this application with the following conditions: 1. All review agency comments shall be complied with at all times. 2. No more than one { l) customer at any given time. 3. No employees allowed with this use. 4. One business sign shall be allowed and shall conform to the Cottage Occupation sign requirements and shall not exceed four {4} square feet in size and five {5) feet in height. 5. Any expansion or modif cation of this use will require the approval of a new Conditional Use Permit. { Chairman DeHaven convened the public hearing, There were no public comments. IVlinute Book Number 4I Board of Supervisors Regular Meeting of U4113116 31� Chairman DeHaven closed the public hearing.. Upon a motion by Supervisor Dunn, seconded by Supervisor Slaughter, the Board approved conditional use permit #02 -16. WHEREAS, Co>i<ditional Use Permit #02 -16 Of Martha Sparkman, submitted by Martha Sparkman for a Cottage Occupation — Massage Therapy was considered. The Property is located at 1045 Valley Mill Road and is further identified with Property Identification Number SS- A -176A in the Red Bud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on March 16, 2x16, 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 April 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 Flan; 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 map to reflect that Conditional Use Permit Application #02 -16 for a Cottage Occupation — Massage Therapy on the parcel identified by Property Identification Number (PIN) 55- A -17'6A with the following conditions: 1. All review agency comments shall be complied with at all times. 2. No mare than one {1 }customer at any given time. 3. No employees allowed with this use. 4. One business sign shall be allowed and shall conform to the Cottage Occupation sign requirements and shall not exceed four {4) square feet in size and f ve (5} feet in height. 5. Any expansion or modification of this use will require the approval of a new . Conditional Use Permit. Passed this 13th day of April, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye $laine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter � Aye Robert W. Wells Aye PUBLIC HEARING - REZONING #01 -16 FOR 84 LUMBER SUBMITTED BY PIERCE HARDY LIMITED PARTNERSHIP, TO REZONE 10.0 ACRES FROM B -3 (INDUSTRIAL TRANSITION) DISTRICT WITH PROFFERS TO THE M -1 (LIGHT INDUSTRIAL) DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED AT 240 YARDMASTER COURT, OFF OF MARTINSBURG P)<KE OUTS 11 NORTH AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 44 -A -75B IN THE STONEWALL MAGISTERIAL DISTRICT. — (RESOLUTION #063 -16} - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She Minute Book Number ql Board of supervisors Regular Meeting of Qg113116 312 advised this was a request to rezone 10.0 acres from B -3 (Industrial Transition) District with proffers to the M -1 (Light Industrial) District with proffers. The rezoning would allow for a truss manufacturing plant, The property is located in the Stonewall Magisterial District. She noted the proposed use would not exceed the vehicle trips per day that were previously approved. She went on to say the proposed use was generally consistent with the Comprehensive Plan. The Planning Commission recommended approval of this rezoning application. Debbie Schwab, real estate counsel for $4 Lumber, stated 84 Lumber was excited to be able to come back to this market and They would be bringing full -time benefitted jobs. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing, Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved Rezoning #O 1 -16. WHEREAS, Rezoning #01 -16 of $4 Lumber, submitted by Pierce Hardy Limited Partnership, to rezone 10 acres from the B3 (Industrial Transition} District with Proffers to the M1 {Light Industrial} District with Proffers, final revision date of January 18, 2016 was considered. The property is located at 240 Yardmaster Court, at the end of the unsignalized intersection of Yardmaster Court and Martinsburg Pike {Route 11 North). The property is further identified with PIN 44 -A -75B in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on March 2, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning an April 13, 2016; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 10 acres from the B3 {Industrial Transition} District to the M1 (Light Industrial} District with proffers, final revision .date January 1$, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. This ordinance shall be in affect on the date of adoption. Passed this 13th day of April, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Minute Book Number 41 Board of 5upervisars Regular Meeting of 04/13/16 3�3� OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #O1 -16 OF OAKDALE III RAVEN POINTE RAVEN OAKS AND RAVEN WING. REVISION . — INFORMATION ONLY Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a revised master development plan for the Oakdale III, Raven Pointe, Raven Oaks, and Raven Wing developments. The proposed revision would change the unit types in phases 7 and 8. She noted there were no proffers associated with this property because of its historical RP (Residential Performance) District zoning. The revised master plan would accommodate 50 single family detached units and 147 townhouse units on 42 acres. She went on to say the proposed revision was consistent with the approved unit maximums and was consistent with the zoning ordinance. She concluded by saying this plan was before the Board for information only. BOARD LIAISON REPORTS Supervisor Lofton reported on the Extension Leadership Council activities. He advised the Board regarding a number of programs that include a new grazing program that might -�� � � improve livestock profitability, strength training classes being offered in three locations, and the homeschooi master gardener program, which provides food to C -CAP. CITIZEN COMMENTS Ed Trexler, Shawnee District, spoke concerning the modifications to master development plan #01 -16. He stated he was a 15 year resident of Oakdale Crossing IT and he has seen his community turn into a by -pass due to a growing traff c problem in the area. He asked the Board to delay implementation of the master development. plan until vital traffic studies could be completed. He noted that in 2014 there were 2,900 vehicle trips per day along Crestleigh Drive. He stated that he had been a victim of a traffic accident just two blocks from his home, while trying to turn in to his neighborhood. fIe felt the cornpletion of Inverlee Way would help address some of these traffic problems. He concluded by urging the Board to work with the property owner to solve this problem. Matt Holben, Shawnee District and a resident of Oakdale. Crossing, expressed concern about the increased traffic within the development. He stated the proposed new development would add an additional 2,000 trips per day. He noted a number of vehicles were using the streets as a pass through, which was making the neighborhood unsafe. He presented the Board with a petition signed by $0 °/a of the residents of the development asking that VDOT and the Minute Book 1�lumber 41 Board of supervisors Regular Meeting of 04/13f16 X314 County undertake a traffic analysis. He asked the Board to consider the repercussions of this proposed development. George Hughes, Gainesboro District, stated Frederick County was getting unreasonably expensive. He noted the cost per resident of the budget that was just approved was appxoximately $2,200 per person. He stated he was concerned about where future money would come from. Wendy Johnson, Shawnee District and a resident of Oakdale Crossing, cited the number of vehicle trips per day for Costello Drive, Airport Road, and Jubal Early Drive. She stated the number of vehicle trips within Oakdale Crossing exceeded bath Costello Drive and Airport Road. She encouraged the Board to build Inverlee Way. Patrick Finn, Shawnee District and resident of Crestleigh Drive, addressed the Board regarding the need to construct Inverlee Way. Russell Waters, Shawnee District and resident of Dewberry Drive, hoped the Board heard what was being said. He stated traffic was a huge concern, especially the speed of the vehicles. He urged the Board to wait to build the new part of the development. Carolyn Holben, Shawnee District, advised that she and her family had moved into the neighborhood in July. She stated her kids could not piay in their front yard and she had to drive her daughter to the bus stop. She went on to say they could not walk to the bus stop out of fear of being hit by a car. She concluded by saying Inverlee Way is needed. Terrence Tierney, Shawnee District, expressed his concern with the amount of traffic in the development. BQARD OF SUPERVISORS COMMENTS Supervisor Hess reported chat he attended the Widget Cup held on Saturday at Millbrook High School. He was impressed with the focus and initiative of the four teams. Supervisor Dunn stated he appreciated the comments tonight and the comments were received. He went on to say the residents' concerns were valid. Supervisor Fisher stated he appreciated the comments as well. He advised that he had spoken with the owner of the adjacent farm regarding Inverlee Way. He stated the owner was not interested in selling his property. Supervisor Fisher went on to say he did not believe in violating private property rights. He concluded by saying everyone needs to be cognizant of other development that could come along with the completion of Inverlee Way. Minute Book .Number 41 Board of Supervisors Regular Meeting of 04!13/16 Isi � ADJOURN UPON A MOTION BY VICE - CHAIRMAN FISHER, SECONDED BY SUPERVISOR SLAUGHTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:24 P.M.) l�. Charles S. Dellaven, Jr. Chairman, Soard of Supervisors rends G. Garton Clerk, Board of Supervisors Minutes Prepared By: �. - Jay E. ibb Deputy Clerk, Board of Supervisors Minute Sook Number 4X Board of Supervisors Regular Meeting of 04113/1fi