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May 10 2017 Regular Meeting Minutes379 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 10, 2017, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia, PRESENT Chairman Charles S. DeHaven, Jr.; Vice Chairman Gene E. Fisher; Blaine P. Dunn; Bill M. Ewing; Gary A. Lofton; Judith McCann -Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Vice Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator Brenda Garton stated there were no changes to the agenda. Upon a motion made by Supervisor Lofton, seconded by Supervisor Ewing, the agenda was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion made by Supervisor Ewing, seconded by Supervisor Dunn, the Board approved the following items under the consent agenda: - Road Name Change Requests - Tab C; - Public Safety Committee Report - Tab D. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia N Dody Stottlemyer, Shawnee District, appeared before the Board with reference to the postponement of Shentel's cell tower request and stated that the public's perception is that the Board of Supervisors does not care. She stated the Planning Commission recommended denial and citizens were in attendance and spoke against the request, yet Vice Chairman Fisher recommended postponement. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. COUNTY OFFICIALS COMMITTEE APPOINTMENTS DAVID C. REICHERT REAPPOINTED TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY AS A COUNTY REPRESENTATIVE - APPROVED Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Lofton, David C. Reichert was reappointed to the Winchester Regional Airport Authority as a county representative for a four year term, said term to commence June 30, 2017 and expire June 30, 2021. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Garton reviewed the following requests from the Commissioner of the Revenue to authorize the Treasurer to refund: 1, M-Express LLC (Middletown Exxon) in the amount of $2,583.42 for business license taxes in 2017. This refund resulted from adjustment of business license taxes after a merger of gas stations. Upon a motion made by Supervisor Ewing, seconded by Supervisor Slaughter, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 42 Board of Supervisors Regular Meeting of 05110l17 County of Frederick, Virginia 381 Judith McCann -Slaughter Aye Robert W. Wells Aye 2. Rutherford Crossing Dialysis (Total Renal Care Inc.) in the amount of $41,652.65 for business license taxes in 2016. This refund resulted from adjustment of business license taxes because of incorrect reporting of receipts by the taxpayer. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye ROAD NAME CHANGE REQUESTS — REMOVAL OF WISECARVER LANE ROAD NAME AND ROAD NAME CHANGE FROM PACTIV WAY TO KINGSPAN WAY - APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS PUBLIC SAFETY COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Thursday April 20, 2017 at 8:30 a.m., at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gene Fisher, Gary Lofton, Walter Cunningham, Helen Lake 'and Blaine Dunn. Member Chuck Torpy was not present. Also in attendance were Fire & Rescue Chief Denny Linaburg, County Attorney Rod Williams, Deputy Fire Chief Larry Oliver, Stephens City Fire & Rescue Company President Dave Foley, Communications Director LeeAnna Pyles, Deputy County Administrator for Human Services Jay Tibbs, County Fire & Rescue Association President Dan Cunningham and Frederick County Sheriffs Department Major Steve Hawkins. The following items were discussed: ***Information Only*** 1. Funding request from Stephens City Fire & Rescue The Committee reviewed a request from Stephens City Fire & Rescue Company to utilize proffers to construct an ancillary building on their property. The Finance Committee recommended approval of the request, but the item was referred to the Public Safety Committee prior to Board of Supervisors action. Stephens City Fire & Rescue President Dave Foley addressed the Committee on the request. The proposal was for the construction of a 4 bay building (56' x76') to hold equipment, supplies, parts, trucks, overflow, etc. Leasing space elsewhere or housing at other stations is neither practical nor feasible as the equipment needs daily checks and needs to be located on site in case of an emergency. The Stephens City Fire & Rescue company requested proffer funds of approximately $224,105.51 for this proposed ancillary building project. Chairman Fisher suggested this item be returned to the Board of Supervisors for action. 2. Fire & Rescue Service Study Update Chief Linaburg updated the Committee on the status of the Fire and Rescue study. Fitch Corporation has been given detailed departmental information; call reports, etc. as part of the service study of the Fire & Rescue department. The process is going very smoothly. The department, along with County Administration, met with Fitch. The next step would be Fitch Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia Corporation to meet with the Board of Supervisors. 3. Purchasing of Replacement Pumper for Fire & Rescue Training Chief Linaburg stated there is a used fire engine available for $10,000 and it would replace the current training engine. The engine would be housed at Millwood Station and used as a reserve engine. Chief Linaburg had requested $200,000 in FYI budget to purchase this piece of apparatus; however it was not funded. 4. Update on the Communications Department Staffing/Support Director Pyles provided an update on her department. She reported the dispatch center is currently upgrading the phone system, along with the Sheriff's office radios and console radios this fiscal year. Funding was approved for the Text to 9-1-1. Implementation will begin soon after July 1, 2017. The goal is for Frederick County to be the first in our region with this capability. Director Pyles also noted that the department is currently testing candidates for potential employment; however, hiring and retention is very difficult due to the stress and nature of the 9-1-1 dispatching profession. The department handles approximately 12,000 calls per month. Director Pyles concluded by saying her department is creating a short recruiting video to illustrate what it is actually like to work in the dispatch center so applicants can gauge if this is the right career choice for them. 5. Fire & Rescue Year To Date Incident Summary Chief Oliver presented the Committee with a monthly incident summary spreadsheet that shows the statistics for the entire Fire & Rescue system. Chief Oliver mentioned that the department just graduated 10 new fire fighters who are in the field. The department will be starting another recruit academy beginning July 10, 2017, 6. Other Business Major Hawkins mentioned that as of late, the Sheriffs Department has been working an increased number of traffic accidents due to Virginia State Police not being available to respond. This keeps our deputies from responding to other calls in the County. The reason for this increase in accidents is unknown. Major Hawkins, along with Lt. Gosnell, head of the traffic division, is working on a project that would monitor the driving habits of citizens (speeding, texting, talking on phone, etc.). At this time, a roll -out date has not been established. Chairman Fisher requested Chief Linaburg discuss large scale emergency planning at the next meeting. Next Meeting: Thursday June 15, 2017. Adjourn: The meeting was adjourned at 10:10 am. PUBLIC WORKS COMMITTEE REPORT - APPROVED Vice Chairman Fisher presented the Public Works Committee Report. The Public Works Committee met on Tuesday, April 25, 2017, at 8:00 a.m. All members were present except Whit Wagner and David Ganse. The following items were discussed: Items Requiring Action 1. Discuss the Right of Way/Utility Easements for Sulphur Springs Road Improvement Project — Approved to Forward to Public Hearing The Virginia Department of Transportation (VDOT) has recently contacted Frederick County about acquiring the necessary right of way and utility easements for the future widening of Sulphur Springs Road (Virginia State Route 655). Sulphur Springs Road provides access to the Frederick County Regional Landfill. There are two (2) parcels of land along Route 655 that Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia are owned by Frederick County. The improvement to this road will provide a benefit for access along this road and greatly improve safety along this route. A lot of the traffic on this road is accessing the Landfill. By providing the necessary right of way and utility easements, it will assist VDOT in moving this necessary project forward. The land being conveyed to VDOT does not have any necessary use by the county and its conveyance to VDOT will not impact the rest of the land. Therefore, the committee recommended to endorse the request for conveying the right of way and utility easements to VDOT and to advance this request to the Board of Supervisors for a future public hearing. Supervisor Robert Wells recommended the approval and committee member James Wilson seconded the motion. The committee unanimously approved the motion. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Slaughter, the above request to forward to public hearing was approved. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 2. Discuss the Replacement of the Clearbrook Citizens Convenience Center — Approved At the end of this year, the current lease Frederick County has with Carmeuse for the Clearbrook Citizens Convenience Center will expire. Staff has been exploring many options to find another site that will service this area of Frederick County. Staff was recently made aware of a potential replacement site in the Stephenson area. The Frederick County Sanitation Authority (FCSA) has recently purchased the Bachmann property; approximately 58 acres located along Stephenson Road, Route 664. They have informed us that they would be willing to provide some land on this site for a new convenience site to be constructed. They would provide a perpetual easement that would provide an approximate two (2) acre area for our new site and an access road. In our discussion, we would agree to perform road improvements along Route 664 including a left turn lane, tapers, site distance improvements, utility line movement, etc. We would construct an access road to the site, develop the site improvements including a concrete wall and slabs, double compactor units, asphalt pavement, fencing, landscape screening, stormwater BMP's, etc. Once a site plan is completed, a comprehensive review of the plan will be made by staff and the Public Works Committee, FCSA, VDOT and utility companies. An engineer's estimate will be provided as well prior to starting the bid process and construction. Funding is currently available in the Refuse Collection budget to perform the site plan design. The County Administrator has within the Capital Contingency Fund an amount of $540,000 that would pay for improvements. We would request at a future meeting that funding be transferred to the Refuse Collection budget if we are given Board of Supervisors approval to move forward with construction. No additional funds are needed at this time. The Public Works Committee recommended that we .move forward with the design process if the Board of Supervisors is in agreement. Supervisor Bill Ewing recommended approval and committee member James Wilson seconded the motion. The committee unanimously approved the motion. Supervisor Dunn asked if this was the only site or were there others, Vice Chairman Fisher stated this was the best site of what he had seen. He stated the Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia 384, Sanitation Authority purchased this property and offered space for the convenience center. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Slaughter, the above request to move forward with the site design process was approved. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Blaine P. Dunn Bill M. Ewing Gene E. Fisher Gary A. Lofton Judith McCann -Slaughter Robert W. Wells Aye Aye Aye Aye Aye Aye Aye Items Not Requiring Action 1. Miscellaneous Reports: a. Tonnage Report (Attachment 3) b. Recycling Report (Attachment 4) c. Animal Shelter Dog Report (Attachment 5) d. Animal Shelter Cat Report (Attachment 5) TRANSPORTATION COMMITTEE REPORT - APPROVED Supervisor Lofton presented the Transportation Committee Report. The Transportation Committee met on April 24, 2017 at 8:30 a.m. Members Present Gary Lofton — Chairman (voting) Judith McCann -Slaughter (voting) Gene Fisher (voting) James Racey (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Barry Schnoor (voting) 'Items Requiring Action*** 1. Security Drive — Adopted Resolution (#073-17) to Advertise Intent to Abandon - Approved Attached, please find materials submitted by Greenway Engineering representing Navy Federal Credit Union. To accommodate their expansion there is a need to abandon a portion of right-of-way and seek adoption of a shorter section into the State System of Highways. Mr. Evan Wyatt and Mr. Tim Markle were present to represent Navy Federal Credit Union. Mr. Wyatt reviewed the request with the Committee. Mrs. McCann -Slaughter asked whether the shorter section request had been communicated to Southern Air and Mr. Wyatt noted that it had. Staff noted that this will be a public hearing item and that three actions will be required of the Board of Supervisors as follows: Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia 1. Rescind previous request to VDOT that requested adoption of the longer section of Security Drive into the State system. 2. A new resolution requested adoption of the shorter section of Security Drive into the State system. 3. Abandonment of right -of. --way for portion of Security Drive that is no longer being requested to be in the state system. On a motion by Mr. Fisher that was seconded by Mr. Racey, the Committee recommended that the Board of Supervisors forward the item for public hearing. Upon a motion made by Supervisor Lofton, seconded by Vice Chairman Fisher, the resolution to advertise the intent to abandon Security Drive was approved. RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 1 Oth day of May, 2017, adopted the following: WHEREAS, it appears to this Board that a portion of Security Drive from a point 432.77 feet Qast of its intersection with Independence Drive and extending to the end of Security Drive, a point 802.88 feet east of its intersection with Independence Drive, the affected right-of-way area containing .5735 acres, more or less, serves no public necessity and is no longer necessary for public use, NOW, THEREFORE, BE IT RESOLVED, the Clerk of the Board is directed to post and publish notice of the Board's intent to abandon the aforesaid section of Security Drive, pursuant to §33.2-915 of the Code of Virginia, 1950, as amended. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 2. Hood Way - Adopted Resolution (#074-17) to Advertise Intent to Abandon - Approved Attached please find materials provided by VDOT and Dennie Dunlap in support of a road abandonment of Hood Way. This road abandonment is to aid in facilitating changes to their site to facilitate traffic circulation. Staff noted that while, in most cases, a cul-de-sac that provides access to a single user typically is not allowed into the State System, Hood Way was built using Economic Development Access funds which automatically causes the resulting roadway to be adopted into the State System. Mr. Oates noted that the parcels fronting on Route 11 and Hood Way should either be consolidated with the primary Hood Parcel or receive deeded access to Hood Way in order to prevent future undesired and potentially unsafe additional entrances onto Route 11. On a motion by Mr. Fisher and seconded by Mrs. McCann -Slaughter the Committee recommended that the Board forward the item to public hearing for abandonment provided the access concerns noted above. Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia Supervisor Lofton stated that Route 11 is already traffic flow challenged and this would allow access via Hood Way rather than Route 11. Assistant Director of Planning -Transportation John Bishop, stated that Hood Way runs west to east, accessing Hood Dairy. He stated the two separate parcels run north to south of Hood Way and that these parcels are owned by Hood Dairy. He stated that in the future if these parcels were sold and did not have access to the then private Hood Way, VDOT could not deny access to Route 11. He stated that VDOT has broad latitude to control access to the public road system but they do not have the power to land -lock or deny access to a property and that is what they are trying to avoid. Supervisor Lofton stated that what they are intending to do is abandon Hood Way and have guaranteed deeded access to these two separate parcels. Mr. Bishop stated since the Transportation Committee's action, he had been in contact with Denny Dunlap, Engineer for Hood Dairy, and Mr. Dunlap stated he did not expect this to be a problem and they would have this solidified before asking the Board to take any action. Chairman DeHaven stated they would like to see that happen before it comes back to the Board. Supervisor Dunn asked if there had been any objections. Mr. Bishop replied no. He stated they had early concerns there might be objections from VDOT; that they may want monies back since they originally built the roadway, but they have been assured that is not the case. He stated another concern was how the signalization might affect this intersection; that it may not allow to be signalized, but have been assured as well that is not the case. He stated their concerns have been alleviated, they have not heard from the public and all parcels fronting this roadway that benefit from this roadway are in Hood Dairy ownership. Supervisor Lofton stated he wanted to clarify this action; this would help the Board to deny access to Route 11 from the two parcels if they were sold, but would give access to Route 11 via Hood Way. County Attorney Rod Williams stated for clarification, the resolution will allow the Board to advertise the intent to abandon and allows for the possibility of a public hearing should someone ask for it, but since Hood is the only owner, they did not anticipate that happening; Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia 9 therefore, when it comes back before the Board, it will likely just be for Board action. Upon a motion made by Supervisor Lofton, seconded by Vice Chairman Fisher, the resolution to advertise the intent to abandon Hood Way was approved. RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 1 Oth day of May, 2017, adopted the following: WHEREAS, it appears to this Board that Secondary Route 872 (Hood Way) from its intersection with Route 11 (Valley Pike) to its end, a distance of approximately 640 feet, serves no public necessity and is no longer necessary as a part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, The Clerk of the Board is directed to post and publish notice of the Board's intent to abandon the aforesaid section of Secondary Route 872 (Hood Way), pursuant to §33.2-909 of the Code of,Virainia, 1950, as amended. BE IT FURTHER RESOLVED, that a certified copy- of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation. The above motion was approved by the following recorded vote Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye ***Items Not Requiring Action*** 3. Route 50 Speed Limit Supervisor Ewing has received numerous concerns regarding the speed limit on Route 50 to the east of Poorhouse Road. With the development of the Lutheran Home property and introduction of the new signal at National Lutheran Boulevard, and with their associated extra trips and conflicting movements, many of the nearby residents feel the speed limit should be maintained at 45 until Poorhouse Road. A preliminary determination by VDOT traffic engineering regarding a potential reduction in speed limit indicated that they would not be supportive of a reduction at this time. It was noted that when Lutheran Home Boulevard connects back to Retail Boulevard near the Walmart, the residents will have another signalized connection to Route 50. Committee members also noted the need to clear Route 50 traffic as the roadway opens up after Retail Boulevard. Major Hawkins noted that they will ask the traffic division to step up enforcement along that part of the corridor. By consensus, the Committee chose not to send forward a recommendation to the Board of Supervisors to request further study by VDOT. Supervisor Ewing stated he was not at all happy the state would not support this speed reduction. He stated he asked VDOT to provide him with the study and that he may bring this Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia item back before the Transportation Committee in the future. 4. County Projects Update Snowden Bridge Boulevard: Stub connection from Snowden to Milburn is nearly complete and that will be the last step of the project prior to requesting adoption into the State System of Highways. Tevis Street Extension/Airport Road/1-81 Bridge: Bridge design is ongoing and draft environmental documents for VDOT have been received. Bridge design has reached 75% and comments have been received for that. Pennoni is incorporating the recent round of comments on the TIA, as well as incorporating additional scenarios to evaluate a potentially reduced section for the Northern Y. Staff has had numerous coordination meetings with VDOT to try to streamline the process and speed review comments. Renaissance Drive: Awaiting TPOF agreements from VDOT. Evaluating with the Board the status of revenue sharing matching funds prior to beginning design. Completing new project documentation for CSX through the County Attorney, Valley Mill Road Realignment: Private partner has indicated a desire not to continue the project. Staff is following up to clarify their intentions. Coverstone Drive: No activity at this time. Jubal Early Drive Extension and Interchange with Route 37: Staff has participated in a number of recent meetings regarding the status of previous design work and permits. 5. Other PUBLIC HEARING PUBLIC HEARING - PROPOSED ORDINANCE - SALARIES OF THE BOARD OF SUPERVISORS - PURSUANT TO SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO FIX THE ANNUAL SALARIES OF THE BOARD OF SUPERVISORS AS FOLLOWS: CHAIRMAN, $10 800• VICE CHAIRMAN, $10,200; AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9,000. - APPROVED Administrator Garton reviewed the proposed ordinance request for the salaries of the Board of Supervisors for FY 2017-2018 and stated this was what had already been approved in the budget and there were no changes. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia 380 Upon a motion by Supervisor Lofton, seconded by Supervisor Ewing, the Board approved the ordinance to set the salaries of the Board. BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for the fiscal year beginning July 1, 2017, shall be as follows: Chairman, $10,800; Vice -Chairman, $10,200; and each other member of the Board of Supervisors at $9,000. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W, Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT 905-17 FOR VIRGINIA PREFERRED PROPERTIES FOR AN INDOOR COMMERCIAL RECREATION/PRIVATE GYM FACILITY. THE PROPERTY IS LOCATED AT 351 VICTORY ROAD, WINCHESTER, VIRGINIA AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 64-A-80D IN THE SHAWNEE MAGISTERIAL DISTRICT. - RESOLUTION #075-17 — APPROVED WITH CONDITIONS Zoning Administrator Mark Cheran appeared before the Board and presented this conditional use permit request, He stated this was a request for a conditional use permit for a commercial indoor recreation/private gym. He further stated the Planning Commission recommended approval with conditions. Mr. and Mrs. Frogale were present on behalf of their request. Supervisor Slaughter asked that since this will be a 24 hour operation, would there be proper lighting to accommodate the hours. Mr. Cheran replied there is sufficient, safe lighting. Supervisor Slaughter asked about the capacity for people in the gym. Mr. Cheran replied this would be addressed with an occupancy permit. Mr. Frogale appeared before the Board and stated he appreciated the Board's consideration and would comply with the county's requests. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Minute Book Number 42 Board of Supervisors Regular Meeting of05110117 County of Frederick, Virginia 390 Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Lofton, conditional use permit #05-17 for Virginia Preferred Properties, was approved. RESOLUTION CONDITIONAL USE PERMIT #05-17 VIRGINIA PREFERRED PROPERTIES WHEREAS, Conditional Use Permit 405-17 for a commercial indoor recreation/private gym, submitted by Virginia Preferred Properties, was considered. The Property is located at 351 Victory Road, Winchester, Virginia and is further identified with Property Identification Number 64-A-80D, in the Shawnee Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on April 19, 2017, 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 May 10, 2017; 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, is amended to revise the zoning map to reflect that Conditional Use Permit Application #05-17 for a commercial indoor recreation/private gym on the parcel identified by Property Identification Number 64-A-80D with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County within a six (6) month timeframe and all improvements completed prior to establishment of the use. 3. Any expansion or change of use will require a new Conditional Use Permit. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #06-17 FOR THOMAS E. JEFFRIES FOR AN INDOOR COMMERCIAL RECREATIONISOFTBALL TRAINING FACILITY. THE PROPERTY IS LOCATED AT 291 INDEPENDENCE DRIVE WINCHESTER VIRGINIA AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 64-11-16 IN THE SHAWNEE MAGISTERIAL DISTRICT. - RESOLUTION #076-17 APPROVED WITH CONDITIONS Zoning Administrator Mark Cheran appeared before the Board and presented this conditional use permit request. He stated this was a request for a conditional use permit for a commercial indoor recreation/softball training facility. He further stated the Planning Minute Book Dumber 42 Board of Supervisors Regular Meeting of 05/10117 County of Frederick, Virginia 391 Commission recommended approval with conditions. Mr. Jeffries was present on behalf of his request. Supervisor Lofton asked about the pedestrians going between the properties as far as the lighting and the pedestrian way being safe; would it be improved in any way. Mr. Cheran replied the pathway would probably be crushed gravel and that the property owner has security lighting. Vice Chairman Fisher asked about the rear of the building and if that was considered for parking that would not require curb and gutter. Mr. Cheran replied yes, the second phase calls for gravel parking. Mr. Jeffries addressed the Board and thanked them for their consideration. He stated there is 85' of walkway to existing parking. He stated the owners allowed him to put in a crushed gravel pathway and solar lighting. He further stated that children in the county are disadvantaged as they do not have a place to practice in winter; they have to go over the mountain. Supervisor Lofton asked about other uses; this permit would not limit what would go in the facility. Mr. Cheran replied it would be for indoor recreation. Vice Chairman Fisher stated this request is for indoor recreation; the Building Official and Fire Marshal would dictate capacity. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Lofton, conditional use permit #06-17 of Thomas E. Jeffries was approved. CONDITIONAL USE PERMIT #06-17 COMMERCIAL INDOOR RECREATION FACILITY THOMAS E. JEFFRIES/dba Shenval Softball Training WHEREAS, Conditional Use Permit #06-17 for a commercial indoor recreation/softball training facility, submitted by Thomas E. Jeffries/dba Shenval Softball Training, was considered. The Property is located at 291 Independence Drive, Winchester, Virginia and is further identified with Property Identification Number 64-11-16, in the Shawnee Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on April 19, 2017, and recommended approval of the Conditional Use Permit with conditions; and, Minute Book Number 42 Board of Supervisors Regular Meeting of 05l10117 County of Frederick, Virginia 392 WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on May 10, 2017; 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, is amended to revise the zoning map to reflect that Conditional Use Permit Application #06-17 for a commercial indoor recreation/softball training facility on the parcel identified by Property Identification Number 64-11-16 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. A shared parking agreement shall be submitted to and approved by Frederick County prior to the use of the property as a Commercial Indoor Recreation Facility and to include lighting for pedestrians within six (6) months of approval. 3. Any expansion or change of use will require a new Conditional Use Permit. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye OTHER PLANNING ITEMS DISCUSSION - MEDICAL OFFICES IN THE RP RESIDENTIAL PERFORMANCE AND RA RURAL AREAS DISTRICTS AS CONDITIONAL USES - (RESOLUTION #077-17) - APPROVED TO FORWARD TO PUBLIC HEARING Zoning Administrator Mark Cheran appeared before the Board and presented this proposed ordinance amendment. He stated this was a proposed amendment to Chapter 165, Zoning, to add Medical Offices as a conditional use in the RP (Residential Performance) and RA (Rural Areas) Zoning Districts. He stated currently this use is permitted by right in the B1 (Neighborhood Business) and the B2 (General Business) Zoning Districts. He further stated staff has drafted an amendment to add Medical Offices as a conditional use in the RP and RA Districts and have also drafted supplemental use regulations that would correspond to the use; additional requirements could be added during the conditional use permit process if necessary. He went on to say the Development Review and Regulations Committee discussed this proposed amendment at their January 26, 2017 meeting. The amendment was originally initiated by a citizen seeking to allow the use in the RP Zoning District. He stated the DRRC agreed with the proposed change, and further recommended it also be allowed in the RA Zoning District through Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia 393 a conditional use, and the item was forwarded to the Planning Commission for discussion. He further stated the Planning Commission discussed this at their March 15, 2017 meeting. He stated additional supplemental use regulations were added as a result of the Board of Supervisors discussion on April 12, 2017. Supervisor Dunn stated he understood this use would not be permitted in a residential development and asked Mr. Cheran to expand on this. Mr. Cheran replied that within is within. He stated if there is a subdivision that already had houses, that is considered residential performance and in the rural areas district, there are rural preservation tracts that are basically two acre properties that have housing and they have the 60' set aside, it is not allowed there. Supervisor Dunn asked with reference to this specific request, is there thought of where this is going to go. Mr. Cheran replied no, it would have to be those zoning districts; this proposed ordinance would allow for this use. Supervisor Dunn asked about the rural areas district as to how this would change the traffic to more of a business area rather than a rural areas district as it was designed to be, He asked if the applicant would have to go through another set of steps to add a business. Mr. Cheran replied yes, that most of the business type opportunities that come before the Board are for conditional use permits. He stated if someone wanted to add a business in the rural areas district, they would have to go through the site plan process. Supervisor Dunn asked if this is just allowing for this type of business to potentially be allowed. Mr. Cheran replied that is correct. Supervisor Lofton asked to clarify, as an example, this type of business would not be allowed in Shawneeland, but could be allowed in front of Shawneeland. Mr. Cheran replied that is correct. Supervisor Lofton asked if what they are considering for this type of practice, is it being identified by SIC code and by what is identified as medical, what is not, as is being presented. Mr. Cheran stated that is correct. Supervisor Dunn asked about traffic from a medical office in a rural areas district; would it be substantially different from that of a gas station or store. Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia 394 Mr. Cheran replied that is hard to determine. Chairman DeHaven stated that is the purpose of a conditional use permit; it is a case by case basis, to consider all the parameters. Deputy County Administrator Kris Tierney stated this type of business would have to be appropriate for the area an applicant intended to use. He stated this type of business would not just be placed in the middle of nowhere. He stated conditions can be placed upon a conditional use permit and then there has to be a site plan and requirements that need to be met, so there are a lot of stop gap measures in place. Upon motion made by Vice Chairman Fisher, seconded by Supervisor Lofton, the proposed ordinance amendment for medical offices in the RP (Residential Performance) and RA (Rural Areas) Districts as conditional uses was forwarded to public hearing. RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401— RA RURAL AREAS DISTRICT §165-401.03 CONDITIONAL USES PART 402 — RP RESIDENTIAL PERFORMANCE DISTRICT §165-402.03 CONDITIONAL USES ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 204 -- ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204-30. DOCTORS OF MEDICINE, DENTISTS AND OTHER HEALTH PRACTITIONERS IN THE RP (RESIDENTIAL PERFORMANCE) DISTRICT AND THE RA (RURAL AREAS) DISTRICT WHEREAS, an ordinance to amend Chapter 165, Zoning to add Medical Offices as a conditional use in the RP (Residential Performance) District and RA (Rural Areas) District was considered along with supplemental use regulations that would correspond to the use; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the change at their January 26, 2017 meeting and agreed with the proposed changes to add Medical Offices to the RP Zoning District along with a further recommendation it also be allowed in the RA .Zoning District and sent the item forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on March 15, 2017 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on April 12, 2017, and additional supplemental use regulations were added as a result of the Board of Supervisors discussion; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on May 10, 2017; and Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to add Medical Offices as a conditional use in the RP (Residential Performance) District and RA (Rural Areas) District, including supplemental use regulations that would correspond to the use. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Larry Alan Clowser Webb, Warren County, addressed the Board and stated this weekend, May 13, 2017, an event is being held for Clarke -Frederick -Winchester to stamp out hunger. He stated he wanted to thank citizens for their contributions to those less fortunate. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher stated with reference to the Public Works Committee Report, he left off an item, that being the replacement of the citizens convenience center. (This item can be found under the Public Works Committee Report which was acted upon earlier in the meeting.) Supervisor Dunn stated we are fortunate to live in a free country and that on May 22, 2017, the Republican Party will choose their candidates for the Red Bud and Gainesboro districts. He stated it is an opportunity to vote and invited citizens to come out and vote, /- I71r11if:7►1 UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR EWING, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. (7;58 P.M.) /� G A �.�.-ice. l" Charles S. DeHaven, Jr. Chairman, Board of Supervisors .K is C. In m erk and o upervisors Minute Book Number 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia 396 Minutes Prepared By: _ C-Yc,r r� r Teresa J. Price Administrative Assistant County Administrator's Office Minute Book Dumber 42 Board of Supervisors Regular Meeting of 05/10/17 County of Frederick, Virginia