October_12_2016_Board_Agenda_PacketAGENDA
CLOSED SESSION AND REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, OCTOBER 12, 2016
6:00 P.M., 7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
6:00 P.M. - Closed Session
:
There will be a Closed Session in Accordance with the Code of Virginia, 1950,
as Amended, Section 2.2-3711, Subsection A, (3), for discussion or
consideration of the disposition of publicly held real property, where discussion in
an open meeting would adversely affect the bargaining position or negotiating
strategy of the public body.
There will be a Closed Session in Accordance with the Code of Virginia, 1950,
as Amended, Section 2.2-3711, Subsection (A) (7) for consultation with legal
counsel and briefing by staff, regarding a dispute under a contract to which the
County is a party, where such consultation or briefing in an open meeting would
adversely affect the negotiating or litigating posture of the Board, and the matter
requires the provision of legal advice by such counsel.
7:00 P.M. Regular Meeting - Call To Order
Invocation
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: A, D,and E)
Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.)
Board of Supervisors Comments
AGENDA
CLOSED SESSION AND REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, OCTOBER 12, 2016
PAGE 2
Minutes:(See Attached)A
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1.Closed Session and Regular Meeting,September 14, 2016.
2.Closed Session and Regular Meeting, September 28, 2016.
County Officials:
(See Attached)B
1.Committee Appointments. -------------------------------------------
2.Request from Commissioner of the Revenue for Refunds.
(See Attached)C
-------------------------------------------------------------------------------
3.Correspondence from Virginia Association of Counties (VACo) Re:
Voting Credentials for the Annual Business Meeting Request to
(See Attached)D
Designate County Administrator to Vote. ------------------------
Committee Reports:
(See Attached)E
1.Information Technologies Committee. ---------------------------
(See Attached)F
2.Public Works Committee. --------------------------------------------
(See Attached)G
3.Transportation Committee. ------------------------------------------
Planning Commission Business:
(See Attached)H
1.Rezoning #08-16 WWW LC Proffer Amendment. --------
(See Attached)I
2.Resolution Re: Rail Crossing Upgrade Funding. -------------
(See Attached)J
3.Response to Questions from Planning Commission. --------
Board Liaison Reports (If Any)
Citizen Comments
Board of Supervisors Comments
Adjourn
MEMORANDUM
TO:
Public Works Committee
FROM:
Harvey E. Straswnyder, Jr., P.E., Director of Public Works
SUBJECT:
Meeting of September 27, 2016
DATE:
September 22, 2016
________________________________________________________________________
in
There will be a meeting of the Public Works Committee on Tuesday, September 27, 2016 at 8:00 a.m.
the conference room located on the second floor of the north end of the County Administration Building
at 107 North Kent Street, Suite 200.
The agenda thus far is as follows:
1. Discuss Disposition of Shawneeland Council House
Attachment 1)
(
2. Project Update
a. Snowden Bridge Boulevard
b. CDD Landfill Closure
c. Roundhill Fire Station
3. Miscellaneous Reports:
a. Tonnage Report: Landfill
(Attachment 2)
b. Recycling Report
Attachment 3)
(
c. Animal Shelter Dog Report:
(Attachment 4)
d. Animal Shelter Cat Report
(Attachment 5)
HES/kco
Attachments: as stated
cc: file
107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
MEMORANDUM
TO:
Board of Supervisors
FROM:
Harvey E. Strawsnyder, Jr., P.E., Director of Public Works
SUBJECT:
Public Works Committee Report for Meeting of September 27, 2016
DATE:
September 30, 2016
______________________________________________________________________________
The Public Works Committee met on Tuesday, September 27, 2016, at 8:00 a.m. All
members were present except Whit Wagner and Jim Wilson. The following items were
discussed:
***Items Requiring Action***
1. Disposition of Shawneeland Council House (Clowser House):
Attachment 1
The committee reviewed a report dated September 21, 2016 () prepared by a citizens
group attempting to preserve the existing Clowser House which has incurred structural damage. This
report was prepared to answer specific questions posed by the Board of Supervisors during a meeting held
on June 23, 2016. At that meeting the Board approved a 90 day grace period to allow the concerned
citizens an opportunity to address specific questions.
The conclusions summarized in the report were presented by Mr. Robert Stieg, Jr., who was listed as the
co-chairman of the Citizens Committee for the Preservation of the Clowser House. At the conclusion of
his presentation, the committee entered into a discussion of the issues that had been adequately addressed
and those items that needed further study. The items that were not adequately addressed include the
following:
a. Obtain written documentation from DCR that the intended use will not adversely affect
the classification of the dam.
b. Identify and procure funding necessary to structurally stabilize the existing building.
To allow sufficient time to achieve the above tasks, the committee unanimously endorsed a request from
the citizens group for an additional 90 day study period. The committee a
group to meet with the Shawneeland Advisory Committee to share the results of their current report as
well as ascertain their willingness to donate property to the Clowser Foundation.
107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
Public Works Committee Report
Page 2
September 30, 2016
***Items Not Requiring Action***
1. Project Update:
a.
Snowden Bridge Boulevard Extension: The project is currently ahead of schedule. The
bridge deck was placed last week and final grading is moving forward. The final asphalt
surface mix shall be placed in the next couple of weeks and then final stripping. We
anticipate that the project should be finished in late October or early November.
b.
Frederick County Regional Landfill Partial Closure of CDD Landfill Permit 591: The
contractor is placing final soil covers and topsoil. The project should be completed by
the end of October with final seeding and mulching.
c.
Roundhill Fire Station and Event Center: This project is nearing completion. Last week,
we performed a final walk-over of the project with the contractor and have developed a
final punch list and warranty items. We anticipate final completion at the end of October.
2.
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)
3. Closed Session: A closed session was convened pursuant to Section 2.2-3711 A (1) of the Code
of Virginia, 1950, as amended, for discussion of personnel matters, specifically, the resignation of
specific public officers, appointees, or employees.
No action was taken after reconvening from the closed session.
Respectfully submitted,
Public Works Committee
Gene E. Fisher, Chairman
Robert A. Hess
Robert W. Wells
David W. Ganse, AIA
By ____________________________
Harvey E. Strawsnyder, Jr., P.E.
Public Works Director
HES/kco
Attachments: as stated
cc: file
107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
Public Works Committee Report
Page 3
September 30, 2016
107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
MEMORANDUM
TO:
Public Works Committee
FROM:
Harvey E. Strawsnyder, Jr., P.E., Director of Public Works
SUBJECT:
Monthly Tonnage Report - Fiscal Year 14/15
DATE:
September 22, 2016
The following is the tonnage for the months of July 2015, through June 2016, and the average monthly tonnage for fiscal
years 03/04 through 16/17.
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: 12,065 TONS (UP 52 TONS)
FY 13-14: AVERAGE PER MONTH: 12,468 TONS (UP 403 TONS)
FY 14-15: AVERAGE PER MONTH: 13,133 TONS (UP 665 TONS)
FY 15-16: AVERAGE PER MONTH: 13,984 TONS (UP 851 TONS)
FY 16-17: AVERAGE PER MONTH: 14,558 TONS (UP 574 TONS)
MONTH FY 2015-2016 FY 2016-2017
JULY 15,019 13,391
AUGUST13,853 15,724
SEPTEMBER14,103
OCTOBER14,095
NOVEMBER13,053
DECEMBER 13,589
JANUARY11,191
FEBRUARY12,240
MARCH15,058
APRIL14,563
MAY15,198
JUNE 15,845
HES/gmp
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Board of Supervisors
FROM:
John A. Bishop, AICP, Assistant Director - Transportation
RE:
Transportation Committee Report for Meeting of September 26, 2016
DATE:
October 4, 2016
The Transportation Committee met on September 26, 2016 at 8:30 a.m.
Members Present Members Absent
Gary Lofton (voting) Mark Davis (liaison Middletown)
Judith McCann-Slaughter (voting) James Racey (voting)
Barry Schnoor(voting)
Lewis Boyer (liaison Stephens City)
Gary Oates (liaison PC)
Gene Fisher(voting)
***Items Requiring Action***
8. Other
Mrs. McCann-Slaughter noted that she felt that funding for the I-81 corridor
Legislative Agenda in addition to the State
Legislative Agenda.
MOTION
A motion was made by Mrs. McCann-Slaughter to recommend that the Board of
Supervisors add funding for the I-81 corridor to their Federal Legislative Agenda.
The motion was seconded by Mr. Fisher and passed unanimously.
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
***Items Not Requiring Action***
1. Gainesboro School Entrance Improvements
Mr. Wayne Lee offered the schools schematic for Route 522 improvements and the
justification for it. He noted the expected cost is approximately $600,000. Mr. Fisher
noted that he believes a combination of a signal with the extended turn lane as well as
flashers downstream noting when there is a red ahead as he has observed in localities
elsewhere in the state. Ed Carter of VDOT noted that the signalization work would likely
approach $400,000 and that the Commonwealth Transportation Board is really holding
the line on introduction of signals to primary thoroughfares. It was also noted that this
entrance only meets one of VDOT's signal warrants which is below the current threshold.
Mr. Lee noted that the dry run they conducted of the proposed traffic plan was successful.
The Sheriff also noted that they are currently collecting speed data in that area. Mrs.
McCann-Slaughter noted that at JWMS in the past there were officers who staffed the
location at key times and would stop traffic to clear the bus traffic and asked if the School
Board had considered this. Mr. Lee noted that this was the practice in the past. Mr.
Oates noted that he feels sal is a good compromise but noted that
speeds are a concern out there and that the school zone should possibly be extended even
further. Mr. Hess asked if this is seen as permanent or temporary. He noted access to
Gainesboro Road may be part of the solution. Mr. Lee noted that while this has been
discussed there are issues with spacing for the most direct route and that the secondary
route along the edge of the Adams farm that was considered did not gain support though
he did not recall why. Mrs. McCann-Slaughter and Mr. Hess noted that this would be a
potentially good long term solution. Mr. Lofton asked whether there is still time to
investigate additional alternatives. Mrs. McCann-Slaughter asked about what we did at
Armel since that is a similar situation. Mr. Lee noted it is not as easy of a solution
because of greater volumes and significant grades. The entrance also does not meet
warrants and a superstreet solution is not feasible due to topographical issues. He noted
that the best option there is to bring it to Macedonia Church Road. Mr. Fisher noted that
he feels we need to keep pushing for the signal at Armel and that he is willing to support
the School Board in this discussion with VDOT.
The Committee, by consensus, has requested that the school continue to investigate
alternative access via the Adams farm. Mr. Oates also noted that an entrance on
Gainesboro Road would reduce the number of buses coming onto Route 522.
2.Upcoming Commonwealth Transportation Board Meeting
As noted on the attached correspondence, on October 25, 2016 the
Commonwealth Transportation Board and Secretary of Transportation will be
holding an open house followed by a town hall meeting format. While the
invitation notes there will be no formal public comment, this is an opportunity to
have direct interaction with our CTB representatives, Secretary of Transportation,
Staff noted that they are available to drive anyone from the Transportation
Committee or Board of Supervisors to the meeting who may wish to attend and
noted that Staff will also be attending. In addition, Staff provided the following
key points for discussion.
In addition to appreciation for recent funding approvals such as Route 277 from Exit 307
to Double Church Road, key points of discussion at this time would include the
following:
Current Applications for SmartScale (formerly HB2)
1. Route 37 extension from Tasker Road to Route 522
2. (Variation of Project 1) Route 37 extension from Tasker Road to Future Warrior
Drive location combined with construction of Warrior Drive from that location to
current terminus of Warrior Drive
3. Exit 317 northbound exit ramp relocation to location where Redbud Road
currently ties into Route 11 North combined with the rerouting of Redbud Road
to Snowden Bridge Boulevard
4. Route 277 from Double Church Road to Warrior Drive, widening and access
management
5. Route 11 North, widening from Snowden Bridge Blvd to Old Charlestown Road
6. Sulphur Springs Road, reconstruction and widening from Route 50 to the landfill
7. Intersection of Senseny Road and Crestleigh Drive, turn lanes onto Senseny Road
8. Intersection of Route 277 and Warrior Drive, extend the eastbound right turn lane
on Route 277 and pedestrian safety improvements along the southern part of
Warrior Drive
9. Intersection of Papermill Road and Route 522, extend right turn lane on
eastbound Papermill Road
Established Priorities from the County Interstate and Primary Plans
1. Route 37, completion of Route 37 through the eastern portion of the County and
around Stonewall Industrial Park
2. Route 11, north and south widening and access management improvements to
address growth and congestion
3. Route 277, widening and access management from Double Church Road to
Sherando Park
4. Route 50 and Route 7 widenings
5. Renewal of planning and progress on I-81 long term solutions
Revenue Sharing
Continue opposition to the plan to reduce revenue sharing funds available to localities.
3.2016 Virginia Appropriation Act
Please see the attached correspondence from VDOT regarding the 2016 Virginia
Appropriation Act. Mr. Ed Carter of VDOT was on hand to discuss the program with
the Committee and noted that no action is required on the part of the County at this
time. This particular policy will impact approximately $39,000.00 of Frederick
move those funds to preserve them. At such time as VDOT has finished their part of
the process, those recommendations will be forwarded to the County.
4.Revenue Sharing Applications
Staff made the following recommendations to the Committee regarding the upcoming
revenue sharing cycle.
The next round of VDOT Revenue Sharing Applications will be due on November 1,
2016. Staff is seeking approval from the Committee to begin preparation of the
following applications for the Board of Supervisors consideration and approval.
1.Remaining funding for Jubal Early Drive extension and interchange with Route
37
application cycle and received $5,890,895.00 in revenue sharing funds toward a
total project cost of $18,660,500.00. Staff would like to apply for an additional
$3,439,355.00 to get the revenue sharing portion of project funding up to the full
50% that the program allows.
2.Tevis Street Extension
This project was previously awarded $700,000.00 for potential gap funding on the
former CDA. Since that time the CDA has failed and significant construction
funding has been awarded to the Bridge over I-81 and the Airport Road Extension
and round-a-bout. A portion of the $700,000.00 has been used for design of the
Tevis Street Extension and Bridge. Staff is seeking to apply for additional
revenue sharing funds to address right-of-way and construction of this section in
the amount of $2,193,145.00.
These two potential applications total $5,632,500.00.
Staff noted that the maximum annual revenue sharing request is $10,000,000 and
that if other opportunities present themselves that the County still has room for
additional applications. By consensus the Committee authorized Staff to begin
working on the applications.
This item will come before the Board separately at a future meeting for final approval
and resolution adoption.
5. Fall/Winter Transportation Forum
Based on previously noted desire by the C
transportation forum. Staff sought input regarding the format and/or theme for this
Key items discussed for the public outreach and advertisement process included I-81,
unpaved roads, transportation funding, and public safety. Staff was instructed to
begin outreach to our state and federal elected officials to try and find a date when
most could participate and to begin formulating materials for public outreach.
6.Draft LFCC Public Transit Feasibility Study
Staff provided copies and a brief overview of the study to the Committee. No action
was taken.
7.County Projects Update
Snowden Bridge Boulevard:
Construction is underway and on schedule at this time. Expected completion in
approximately one (1) month.
Tevis Street Extension/Airport Road/I-81 Bridge:
The revenue sharing agreement has been executed and design is once again
underway on the bridge. In addition, the traffic impact analysis that will
determine the design specifics for the Airport Road is underway and a draft is
expected shortly.
Renaissance Drive:
Transportation Partnership Opportunity Fund application has been submitted
which could change the project from a grade to a bridge crossing. Staff is
coordinating with CSX and VDOT to complete an MOU for the process of getting
the crossing as well as determining unimproved rail crossings for upgrade.
Following a meeting with local stakeholders, Staff is also proceeding to the
Finance Committee to seek approval to begin design work on the surface street
while the current grant application for the bridge is pending.
Valley Mill Road Realignment:
providing an updated cost estimate to complete design through 100%. Upon
approval by the private party partner, the next phase of design will begin.
Coverstone Drive:
No activity at this time.
Jubal Early Drive Extension and Interchange with Route 37:
Initial meetings regarding a draft agreement and follow up application for
additional revenue sharing funds has been held with the private partner team.
JAB/pd
REZONING APPLICATION #08-16
WWW, LC
Staff Report for the Board of Supervisors
Prepared: October 3, 2016
Staff Contact: John A. Bishop, AICP Assistant Director-Transportation
ReviewedAction
Planning Commission:
08/17/16 Public Meeting Held: Recommended Approval
Board of Supervisors:
10/12/16 Pending; Public Meeting
PROPOSAL:
To revise proffers associated with Rezoning #03-03. Specifically this action impacts the
implementation of Petticoat Gap Lane and the extension of Retail Boulevard.
LOCATION:
The site is located at the northwest quadrant of Northwestern Pike (US Rt. 50 West) and Retail
Boulevard intersection.
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE
10/12/16 BOARD OF SUPERVISORS MEETING:
Rezoning #03-03 rezoned nearly 71 acres to B2 (General Business) along the north side of Route 50 West
and Route 37. This is
are now located. That rezoning encompassed numerous transportation proffers such as improvements to
Route 50 and the interchange of Route 50 and Route 37. In addition, that rezoning called for the
construction of a major collector roadway behind where the Walmart is now located to connect Route 50 and
Botanical Boulevard. This roadway network is depicted in Master Development Plan #07-04 which is also
referenced in the proffers. Through the development process there were alterations to the layout that was
envisioned at that time and the first section of that major collector roadway was constructed as Retail
Boulevard which, along with an additional access point along Route 50, has provided the access to the retail
area that is now anchored by Walmart.
The Applicant is now proposing to modify the proffers related to the implementation of the final portions of
the proffered collector roadway. The request is to delay the design and construction of Petticoat Gap Lane
and the undeveloped portion of Retail Boulevard and to allow up to 50,000 square feet of additional
commercial development on the property before the road construction. As ownership has changed on
significant portions of the original rezoning, the Applicant is seeking the proffer modification on their
remaining 28.17 acres contained in parcel 52-A-B.
Please note that VDOT has provided comments regarding concerns they have. Regarding proffer B2, VDOT
notes that some additional undeveloped parcels from the original rezoning should be included in the square
footage requirement that is being proposed to trigger the roadway. The Applicant has addressed the other
agency or staff outstanding comments and those of the County Attorney in their final October 3, 2016 proffer
statement.
The Planning Commission was supportive of this request for a minor proffer modification to the road
phasing and construction and recommended approval.
Following the public meeting, 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 #08-16 WWW, LC
October 3, 2016
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:
08/17/16 Public Meeting Held; Recommended Approval
Board of Supervisors:
10/12/16 Pending; Public Meeting
PROPOSAL:
To revise proffers associated with Rezoning #03-03. Specifically this action impacts the
implementation of Petticoat Gap Lane and the extension of Retail Boulevard.
LOCATION:
The site is located at the northwest quadrant of Northwestern Pike (US Rt. 50 West) and Retail
Boulevard intersection.
MAGISTERIAL DISTRICT:
Gainesboro
PROPERTY ID NUMBERS:
52-A-B
PROPERTY ZONING:
B2 (General Business)
PRESENT USE:
Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural
South: B2 (General Business) Use: VDOT/Vacant
B3 (Industrial Transition)
East: B2 (General Business) Use: Vacant/Bank
West: B2 (General Business) Use: Vacant
Rezoning #08-16 WWW, LC
October 3, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation:
Please see emails dated 4/14/16 and 10/30/15 from Matthew Smith P.E,
Area Land Use Engineer.
County Attorney:
Please see letter dated March 10, 2016 from County Attorney Roderick B. Williams.
Planning & Zoning:
1)Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject
parcel as being zoned A-
combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick
County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted
in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. In
1995 parcel 52-A-B was subdivided and sold at auction to WWW L.C. In 2003 the property was
rezoned, with proffers, to the B2 Zoning District.
2)Comprehensive Policy Plan
The WWW, LC site is located within the Round Hill Community Land Use Plan. The site is located
wholly within the Sewer and Water Service Area (SWSA). The Round Hill Community Land Use
Plan envisions the development of business/office land uses subject to the availability of central
sewer and water facilities.
The Round Hill Community Plan recognizes two distinct yet connected areas of development. There
is the core rural community center area centered around Round Hill Road and the more commercial
areas located along Route 50. This rezoning is located within the Route 50 Commercial area.
The Round Hill Community Plan recommends the employment of design techniques to ensure the
contextual compatibility of new commercial development in the Round Hill Community. Such
techniques are intended to preclude the visual disruption of the Route 50 corridor while also
promoting development whose configuration and appearance reflects the established character of the
Round Hill Community. It is also noted that strip commercial development is explicitly discouraged
within the Round Hill Community.
3) Proffer Statement
Proffered Street Improvements
The Applicant is proffering the following:
1.Dedicate the right-of-way for the Retail Boulevard extension and Petticoat Gap Lane within 180
days of the Conditional Zoning Amendment approval by the Board of Supervisors.
2.The owner shall limit site development to 50,000 square feet before completion of the construction
or bonding of the Retail Boulevard extension and Petticoat Gap Lane.
3.The owner shall prepare a public improvement plan for the construction of the above mentioned
Rezoning #08-16 WWW, LC.
October 3, 2016
Page 4
roadways concurrent with the first site plan that exceeds 50,000 square feet of structural area.
4.The Applicant must bond the above noted roadways prior to the issuance of the Certificate of
Occupancy Permit for the site plan which exceeds 50,000 square feet.
5.The Applicant is performing VDOT punch list and taking the actions necessary to get the existing
portion of Retail Blvd. adopted into the system.
6.The combined trip generation for the parcels identified in Master Development Plan #07-04 shall not
exceed 15,000 trips per day without further approval from the County. When the total for existing
traffic and the ITE trip generation report projected traffic exceeds 15,000 the Applicant must
perform an updated TIA. Additional site plans will not be approved until the County is satisfied that
adequate and manageable levels of service will exist on state or internal site roadways.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/17/16 MEETING:
Staff reported this rezoning is a minor proffer amendment regarding the phasing; specifically the
transportation improvements and more specifically the extension of Retail Boulevard and the completion of
Petticoat Gap Lane. Staff presented an aerial graphic of the site. Mr. Bishop explained the property is
located on the Northwest quadrant of the intersection of Route 50 and Retail Boulevard. Staff continued by
presenting a brief history of the site. Staff reported the site consists of 28.17 acres. Mr. Bishop continued
this property was originally rezoned in 2003 and was nearly 71 acres along the north side of Route 50 and
west of Route of Clarke County are located.
Staff explained that particular rezoning encompassed numerous transportation proffers such as improvements
to Route 50 and the interchange of Route 50 and Route 37. Staff noted in addition, that rezoning called for
the construction of a major collector roadway behind the Walmart to connect Route 50 and Botanical
Boulevard. Mr. Bishop continued through the development process with alternations to the layout that was
envisioned at that time; the first section of the major collector road was constructed as Retail Boulevard,
which has provided the access to the retail area that surrounds Walmart.
Staff reported the Applicant is now proposing to modify the proffers related to the final portions of the
proffered collector roadway. Staff presented the proposed phasing triggers:
Submit right-of-way dedication plat for the remaining section of Retail Boulevard and Petticoat Gap
Lane within 180 days of conditional zoning amendment approval by the Board of Supervisors.
Prior to exceeding 50,000 square feet of site development the Applicant will design and construct or
bond the remainder of Retail Boulevard and Petticoat Gap Lane.
Construction must occur on or before the completion of the Phase 2 Lutheran Boulevard
Transportation Program.
Mr. Bishop reported some items to note as this application is considered would be that VDOT and the
County Attorney have provided comments regarding concerns they have. Staff explained regarding proffer
B2, VDOT notes that some additional undeveloped parcels from the original rezoning should be included in
the square footage requirement that is being proposed to trigger the roadway and the County Attorney notes
concerns with the fact that the right-of-way is under a different LLC entity and that the contract to construct
in proffer B4 does not represent an actual guarantee to construct the roadway but merely an obligation to a
third party.
Mr. Evan Wyatt representing the Applicant came forward. Mr. Wyatt reported when this property was
originally rezoned the area was not largely commercialized. Mr. Wyatt continued now there are several
Rezoning #08-16 WWW, LC.
October 3, 2016
Page 4
businesses at the location and the road configuration has changed. Mr. Wyatt highlighted the important
question when is the right time to build Petticoat Gap Lane. Mr. Wyatt noted the Applicant has gone through
several scenarios with VDOT and the most comfortable approach for VDOT appears to be to limit the 28
acres to 50,000 square ft.
Mr. Wyatt continued regarding the comment sent forth by the County Attorney, he explained in 2004 this
parcel was deeded by WWW L.C. to Petticoat Gap L.L.C. and the conditions on the dedication were reserved
for public street purposes. He continued the Applicant has 180 days to perform and the Applicant has
proposed to add to proffer B1. It currently states the owner shall prepare and submit a right-of-way
dedication plat for Petticoat Gap Lane and the undeveloped portion of Retail Boulevard to the County within
180 days of conditional zoning amendment approval by the Frederick County Board of Supervisors. Mr.
Wyatt noted the Applicant would like to add the
A Commission Member commented it may have been simpler to add Petticoat Gap L.L.C. as a party to the
proffers if there is a good relationship. Mr. Wyatt this could have been done however he feels with the
addition to B1 it will result in the same.
A motion was made, seconded, and unanimously recommended approval of REZ #08-16 with the
addition of
.
Absent: Thomas
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE
10/12/16 BOARD OF SUPERVISORS MEETING:
Rezoning #03-03 rezoned nearly 71 acres to B2 (General Business) along the north side of Route 50 West
and Route 37. This is where busi
are now located. That rezoning encompassed numerous transportation proffers such as improvements to
Route 50 and the interchange of Route 50 and Route 37. In addition, that rezoning called for the
construction of a major collector roadway behind where the Walmart is now located to connect Route 50 and
Botanical Boulevard. This roadway network is depicted in Master Development Plan #07-04 which is also
referenced in the proffers. Through the development process there were alterations to the layout that was
envisioned at that time and the first section of that major collector roadway was constructed as Retail
Boulevard which, along with an additional access point along Route 50, has provided the access to the retail
area that is now anchored by Walmart.
The Applicant is now proposing to modify the proffers related to the implementation of the final portions of
the proffered collector roadway. The request is to delay the design and construction of Petticoat Gap Lane
and the undeveloped portion of Retail Boulevard and to allow up to 50,000 square feet of additional
commercial development on the property before the road construction. As ownership has changed on
significant portions of the original rezoning, the Applicant is seeking the proffer modification on their
remaining 28.17 acres contained in parcel 52-A-B.
Please note that VDOT has provided comments regarding concerns they have. Regarding proffer B2, VDOT
notes that some additional undeveloped parcels from the original rezoning should be included in the square
footage requirement that is being proposed to trigger the roadway. The Applicant has addressed the other
Rezoning #08-16 WWW, LC.
October 3, 2016
Page 4
agency or staff outstanding comments and those of the County Attorney in their final October 3, 2016 proffer
statement.
The Planning Commission was supportive of this request for a minor proffer modification to the road
phasing and construction and recommended approval.
Following the public meeting, 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.
REZ # 08 - 16
400
CLOCKTOWER
RIDGE
WWW, LC
PIN:
2106
52 - A - B
NORTHWESTERN
PIKE
Modified Proffers
2340
NORTHWESTERN
PIKE
501
WALMART DR
REZ #08-16
501
WALMART DR
52 A B
501
WALMART DR
501
WALMART DR
110
CROCK
WELLS MILL
150
CROCK
180
WELLS MILL
CROCK
WELLS MILL
01
50
ST
803
Applications
2255
Parcels
2161
2275
NORTHWESTERN
NORTHWESTERN
NORTHWESTERN
Sewer and Water Service Area
2275
PIKE
101
PIKE
PIKE
NORTHWESTERN
2153
Building Footprints
STONEWALL DR
PIKE
NORTHWESTERN
Round Hill
B1 (Business, Neighborhood District)
2177
PIKE
NORTHWESTERN
B2 (Business, General Distrist)
PIKE
B3 (Business, Industrial Transition District)
2147
137
NORTHWESTERN
EM (Extractive Manufacturing District)
ROUND
PIKE
HILL RD
HE (Higher Education District)
100
STONEWALL DR
M1 (Industrial, Light District)
Note:
M2 (Industrial, General District)
REZ # 08 - 16
Frederick County Dept of
MH1 (Mobile Home Community District)
WWW, LC
Planning & Development
I
MS (Medical Support District)
107 N Kent St
PIN:
Suite 202
OM (Office - Manufacturing Park)
52 - A - B
Winchester, VA 22601
R4 (Residential Planned Community District)
Modified Proffers
540 - 665 - 5651
R5 (Residential Recreational Community District)
Map Created: July 14, 2016
RA (Rural Area District)
Staff: jbishop
RP (Residential Performance District)
0165330660Feet
REZ # 08 - 16
400
CLOCKTOWER
RIDGE
WWW, LC
PIN:
2106
52 - A - B
NORTHWESTERN
PIKE
Modified Proffers
2340
NORTHWESTERN
PIKE
501
WALMART DR
REZ #08-16
501
WALMART DR
52 A B
501
WALMART DR
501
WALMART DR
110
CROCK
WELLS MILL
150
CROCK
180
WELLS MILL
CROCK
WELLS MILL
01
50
ST
803
2255
2161
2275
NORTHWESTERN
NORTHWESTERN
NORTHWESTERN
2275
PIKE
101
PIKE
PIKE
NORTHWESTERN
2153
STONEWALL DR
PIKE
NORTHWESTERN
Round Hill
2177
PIKE
NORTHWESTERN
PIKE
2147
137
NORTHWESTERN
ROUND
PIKE
HILL RD
100
STONEWALL DR
Note:
REZ # 08 - 16
Frederick County Dept of
WWW, LC
Planning & Development
I
107 N Kent St
PIN:
Suite 202
52 - A - B
Winchester, VA 22601
Applications
Modified Proffers
540 - 665 - 5651
Parcels
Map Created: July 14, 2016
Sewer and Water Service Area
Staff: jbishop
Building Footprints
0165330660Feet
REZ # 08 - 16
400
CLOCKTOWER
WWW, LC
RIDGE
PIN:
52 - A - B
2106
NORTHWESTERN
Modified Proffers
PIKE
2340
NORTHWESTERN
PIKE
REZ #08-16
52 A B
501
WALMART DR
Applications
Parcels
Sewer and Water Service Area
Building Footprints
Long Range Land Use
Residential
110
Neighborhood Village
CROCK
150
WELLS MILL
Urban Center
CROCK
01
WELLS MILL
Mobile Home Community
50
Business
180
Highway Commercial
CROCK
Mixed-Use
WELLS MILL
Mixed Use Commercial/Office
Mixed Use Industrial/Office
2275
2255
NORTHWESTERN
Industrial
2161
NORTHWESTERN
PIKE
NORTHWESTERN
Warehouse
101
PIKE
PIKE
STONEWALL DR
Heavy Industrial
2275
324
2177
Extractive Mining
NORTHWESTERN
ROUND
NORTHWESTERN
PIKE
HILL RD
PIKE
NORTHWESTERN
Commercial Rec
344
STONEWALL
Rural Community Center
ROUND
137
ORCHARD
HILL RD Fire & Rescue
ROUND
Subdivision
HILL RD
Historic
100
107
Institutional
STONEWALL DR
STONEWALL DR
103
Planned Unit Development
STONEWALL DR
435
Round Hill
Park
ST
WOODCHUCK LN
109
183
803
Recreation
104
STONEWALL DR
ROUND
365
STONEWALL DR
School
108
HILL RD
219
ROCK
STONEWALL DR
ROUND
HARBOR DR
Employment 106
HILL RD
STONEWALL DR
Airport Support Area
B2 / B3
Note:
Residential, 4 u/a
REZ # 08 - 16
Frederick County Dept of
High-Density Residential, 6 u/a
WWW, LC
Planning & Development
I
High-Density Residential, 12-16 u/a
107 N Kent St
PIN:
Suite 202
Rural Area
52 - A - B
Winchester, VA 22601
Interstate Buffer
Modified Proffers
540 - 665 - 5651
Landfill Support Area
Map Created: July 14, 2016
Natural Resources & Recreation
Staff: jbishop
Environmental & Recreational Resources
0210420840Feet
AMENDMENT
Action:
PLANNING COMMISSION: August 17, 2016 - Recommended Approval
BOARD OF SUPERVISORS: October 12, 2016APPROVED DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #08-16 WWW, LC
,
WHEREAS
Rezoning #08-16 of WWW, LC
submitted by Greenway Engineering, Inc., to revise
proffers associated with Rezoning #03-03. Specifically this action delays the implementation of Petticoat
Gap Lane and the extension of Retail Boulevard, was considered. The proffer revision proffer statement
dated April 2, 2015 with a final revision date of October 3, 2016. The Property is located at the northwest
quadrant of Northwestern Pike (US Rt. 50 West) and Retail Boulevard intersection, the Property is further
identified with PIN 52-A-B in the Gainesboro Magisterial District; and
,
WHEREAS
the Planning Commission held a public hearing on this rezoning on August 17, 2016 and
recommended approval; and
,
WHEREAS
the Board of Supervisors held a public hearing on this rezoning on October 12, 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
modifying proffers related to the final portions of the proffered collector roadway.
PDRes #36-16
-2-
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of October, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Robert W. Wells ____
Gene E. Fisher ____ Judith McCann-Slaughter ____
Blaine P. Dunn ____
A COPY ATTEST
_________________________________
Brenda G. Garton
Frederick County Administrator
PDRes #36-16
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016 Revised October 3, 2016
WWW, LC - PROFFER STATEMENT
REZONING: RZ# 08-16 Conditional Zoning Amendment
Business General (B2) with Proffers
to Business General (B2) with Revised Proffers
PROPERTY: Tax Parcel 52-A-B; 28.17+/- acres (here-in after the )
RECORD OWNER: Winchester Warehousing, Inc. & Silver Lake, LLC
APPLICANT: Winchester Warehousing, Inc. & Silver Lake, LLC (here-in after
)
PROJECT NAME: WWW, LC
ORIGINAL DATE
OF PROFFERS: April 2, 2015
REVISION DATE: September 27, 2016 October 3, 2016
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 conditional zoning amendments pertaining
to Rezoning Application #08-16 for the 28.17±-acres Propertyfrom the B2, Business
General District with approved proffers to the B2, Business General District with revised
proffers, development of the 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 legal successors, heirs, or assigns.
The Property, identified as WWW, LC is more particularly
Winchester Warehousing, Inc., and Silver Lake, LLC, P/O Tax Map Parcel 52-A-Bon
the Final Subdivision Plat of the Property of Winchester Warehousing, Inc. and Silver
Lake , LLC, June 5, 2004, by Gilbert W. Clifford & Associates, recorded as Instrument
Number 040017251.
File #4928S/EAW
1
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016 Revised October 3, 2016
WWW, LC - PROFFER STATEMENT
A. Master Development Plan
The development of the Property shall be consistent with Master Development Plan
#07-04 approved by Frederick County on June 30, 2004, except for the narrative
pertaining to Petticoat Gap Phasing. The requirements for Petticoat Gap Lane are
specified within the Street Improvements Section of this Proffer Statement.
B. Street Improvements
The Owner shall design and construct all roads adjoining the subject property
as
provided in these proffers and as illustrated on Master Development Plan #07-04.
1.Petticoat Gap Lane and Retail Boulevard are identified on Master
Development #07--of-ways. The Owner shall prepare and
submit a right-of-way dedication plat for Petticoat Gap Lane and the
undeveloped portion of Retail Boulevard to the County within 180 days of
Conditional Zoning Amendment approval by the Frederick County Board of
Supervisors and prior to any development activity on the Property.
2.The Owner shall limit development on the Property to 50,000 square feet of
structural area before construction of the undeveloped portion of Retail
Boulevard and Petticoat Gap Lane.
3.The Owner shall prepare a Public Improvement Plan for the undeveloped
portion of Retail Boulevard along the eastern boundary of the Property and for
Petticoat Gap Lane throughout the limits of the dedicated right-of-way area
identified in Section B1 of the Proffer Statement. The Public Improvement
Plan shall be prepared and submitted for review by VDOT and the County
concurrent with the first Site Plan which exceeds 50,000 square feet of
structural area on the Property. The undeveloped portion of Retail Boulevard
shall be designed consistent with the constructed section and Petticoat Gap
Lane shall be designed as a two-lane street section with a center left turn lane
sufficient to provide for left turn movements at Retail Boulevard and the
intersection immediately east of Wal-Mart (Tax Map Parcel 52-A-D).
4.The Owner shall have the option of constructing or bonding the undeveloped
portion of Retail Boulevard and Petticoat Gap Lane sections consistent with
the approved Public Improvement Plan. The Owner shall provide the County
with bonding for construction prior to the issuance of a Certificate of
File #4928S/EAW
2
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016 Revised October 3, 2016
Occupancy Permit for the Site Plan which exceeds 50,000 square feet of
structural area on the Property. If the Owner provides bonding for the
completion of the Retail Boulevard and Petticoat Gap Lane sections consistent
with the approved Public Improvement Plan, construction Construction of
these road improvements the undeveloped portion of Retail Boulevard shall
occur on or before the completion of the Phase 2 Lutheran Boulevard
Transportation Program identified in the approved Proffer Statement for RZ
#01-09.
5.The Owner shall complete improvements to the constructed portion of Retail
Boulevard consistent with the Retail Boulevard Punch List Items identified in
the September 21, 2016 correspondence from the Virginia Department of
Transportation (VDOT). Completion of the Retail Boulevard Punch List
Items shall occur within 180 days of Conditional Zoning Amendment
approval by the Frederick County Board of Supervisors and prior to any
development activity on the Property. Completion of the Retail Boulevard
Punch List Items identified in the September 21, 2016 correspondence from
VDOT
Retail Boulevard.
6.The combined trip generation (ADT) for the parcels identified in Master
Development Plan #07-04 shall not exceed 15,000 TPD (average weekday
volume) without further approval by the County. The trip generation from the
project may be measured by the Owner from data collected from actual traffic
counts and from ITE generation counts. The combined traffic impact from the
overall site identified in Master Development Plan #07-04 is not to exceed
15,000 TPD (average weekday volume) when actual counts and ITE
generation counts are added for cumulative total. If the total for any site
causes the cumulative total for the overall site identified in Master
Development Plan #07-04 to exceed 15,000 TPD, then it is agreed that the
applicant shall not file additional site plan applications until the County is
satisfied that adequate and manageable levels of service will exist on state or
internal site roadways. The applicant shall perform an updated TIA of the
project intersections on U.S. Route 50 and of the Route 50/Route 37
interchange when traffic generation from the site identified in Master
Development Plan #07-04 reaches 15,000 TPD (average weekday volume).
The County may revise this 15,000 TPD limit upward, without modification
of this proffer agreement, should results of the TIA show that additional
loading is appropriate.
C. Property Design Features
File #4928S/EAW
3
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016 Revised October 3, 2016
Development of the Property shall include the following landscape design features
identified on Master Development Plan #07-04 approved by Frederick County on
June 30, 2004.
1..S. Route 50 West frontage of
the Property travel ways and
commercial structures shall be setback a minimum of from U.S. Route 50
West. The landscaped green strip and hiker/biker trail shall be developed in
conjunction with approved Site Plans that front along U.S. Route 50 West.
2.Individual sites developed on the Property shall be designed with inter-parcel
connections where practical based on topographic constraints of the Property.
3.Metal exteriors shall be prohibited for all buildings constructed on the Property.
4.The Owner shall establish a Property Owners Association for the Property that
will be governed by a Board of Directors that will be responsible for review of all
plans of development to ensure conformity to all requirements identified in
Master Development Plan #07-04 and all requirements associated with private
deed and covenant restrictions.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
File #4928S/EAW
4
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016 Revised October 3, 2016
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest 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:
Winchester Warehousing, Inc. Date
Commonwealth of Virginia,
City/County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
Notary Public
My Commission Expires
File #4928S/EAW
5
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016 Revised October 3, 2016
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest 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:
Silver Lake, LLC Date
Commonwealth of Virginia,
City/County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
Notary Public
My Commission Expires
File #4928S/EAW
6
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Board of Supervisors
FROM:
John A. Bishop AICP, Assistant Director - Transportation
RE:
Rail Crossing Upgrade Funding Request
DATE:
October 3, 2016
Attached, please find a resolution to request Federal Section 130 Funding to upgrade
CSX rail crossings at Marlboro Road and Vaucluse Road (graphics attached). In the
event that the Board were to determine that an at grade crossing were desired at
Renaissance Drive, these improvements would be credited toward the approval of that
request. However, at a minimum, the upgrade of the currently ungated crossings will
represent a safety upgrade.
JAB/pd
Attachments
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
Action:
BOARD OF SUPERVISORS: October 12, 2016APPROVED DENIED
PROJECT PROGRAMMING RESOLUTION
RAIL/HIGHWAY GRADE CROSSING PROJECT
,
WHEREAS
in accordance with Virginia Department of Transportation procedures, it is necessary that a
request by a Board resolution be made in order that the Department Program Federal Section 130 Funds for
,
WHEREAS
the County has worked in cooperation with VDOT and CSX Railroad to identify the
crossings of Marlboro Road and Vaucluse Road to be candidates for crossing upgrades that would be
eligible for these funds;
NOW, THEREFORE, BE IT RESOLVED
that the Frederick County Board of Supervisors hereby
requests that VDOT Program Federal Section 130 Funding for the upgrades of the CSX crossings at
Marlboro and Vaucluse Roads with any potential matching funds to be supplied by other VDOT funds
allocated to Frederick County.
th
ADOPTED,
this 12 day of October 2016.
This resolution was approved by the following recorded vote:
Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Robert W. Wells ____
Gene E. Fisher ____ Judith McCann-Slaughter ____
Blaine P. Dunn ____
A COPY ATTEST
_________________________________
Brenda G. Garton
Frederick County Administrator
PDRes #35-16