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November 12 2020 Board_Agenda_Packet 7 f AGENDA BOARD OF SUPERVISORS THURSDAY, NOVEMBER 12, 2020 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 1 . Call to Order 2. Invocation 3. Pledge of Allegiance 4. Adoption of Agenda 5. Citizen Comments — For agenda items that are not the subject of a Public Hearing 6. Consent Agenda Roll Call Vote Required 6.A. Minutes of Regular Meeting of October 28, 2020 BOS11-12-20MinutesBOS280ctober2020.pdf 6.13. Minutes of Joint Work Session with Frederick Water of October 28, 2020 BOS11-12-20MinutesBOS-FredWaterWorksession280ctober2020.pdf 6.C. Minutes of Work Session of November 5, 2020 BOS11-12-20MinutesWorkSession5November2020.pdf 6.D. Transportation Committee Report of October 26, 2020 BOS 11-12-20TransCom m Report26Octobter2020.pdf 6.E. Public Works Committee Report of October 27, 2020 PWComm10-27-20 COMMITTEE REPORT.pdf 6.F. Road Resolution - Round Hill Crossing — Route 803 Relocation BOS11-12-20RoadResolution Round HillCrossingRt803Relocation.pdf 1 Board of Supervisors Regular Meeting Agenda Page 2 November 12, 2020 7. Board of Supervisors Comments 8. County Officials 8.A. Presentation by Keven M. Walker, Shenandoah Valley Battlefields Foundation Chief Executive Officer 8.B. Request from the Economic Development Authority to schedule a Joint Meeting with the Board of Supervisors BOS11-12-20EDAJointMeetingRequest2020.pdf 9. Committee Business 9.A. Discuss disposition of the old Albin Citizens Convenience Center PWComm10-27-20 COMMITTEE REPORT.pdf 10. Public Hearings (Non Planning Issues).- None 11 . Planning Commission Business - Public Hearings 11.A. 2035 Comprehensive Plan Amendment, Northeastern Land Use Plan (NELUP) — Sewer and Water Service Area (SWSA) Boundary Limit Adjustments for Two Additional Areas with Existing Industrial Land Use Designations. Proposed Revisions to the NELUP to Adjust the Boundary of the SWSA. This Boundary Adjustment Proposes to Add Approximately 308-Acres to the Sewer and Water Service Area (SWSA) in Two Areas within the Limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. One Area is Located West of 1-81 and is Adjacent to the VDOT Rest Area. The Second Area is Located West of 1-81, North of Cedar Hill Road. These Areas are Located within the Stonewall Magisterial District. BOS11-12-20NELUP—SWSA—Additions.pdf 2 Board of Supervisors Regular Meeting Agenda Page 3 November 12, 2020 12. Planning Commission Business - Other Planning Business 12.A. Rezoning #06-19, Winchester Medical Center BOS 11-12-20REZ06-19WMC.pdf BOS11-12-20REZ06-19ApplicantSubmission5Nov2020.pdf 12.B. Discussion: DRRC-Ordinance Amendment (Backyard Chickens in the RP District) BOS 11-12-20DRRC-OA.pdf 13. Board Liaison Reports 14. Citizen Comments 15. Board of Supervisors Comments 16. Adjourn 3 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: November 12, 2020 ��GrN Agenda Section: Consent Agenda Title: Minutes of Regular Meeting of October 28, 2020 Attachments: BOS11-12-20MinutesBOS280ctober2020.pdf 4 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 28, 2020 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice Chairman; Blaine P. Dunn; Shawn L. Graber; Gene E. Fisher; and Judith McCann-Slaughter were present. J. Douglas McCarthy participated remotely. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology; Mike Ruddy, Director of Planning; Candice Perkins, Assistant Director of Planning; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Pastor Mark Carey, Fellowship Bible Church, Winchester, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. REMOTE PARTICIPATION BY SUPERVISOR MCCARTHY APPROVED Upon motion by Supervisor Dunn, seconded by Supervisor Graber, remote participation by Supervisor McCarthy was approved on a voice vote. ADOPTION OF AGENDA—APPROVED Supervisor Graber moved that agenda items 9.A.-1 and 9.A.-2 be removed from the Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 1 5 agenda for action at a later date pending the following conditions being met: that the joint meeting with the School Board requested by some Board members earlier in the year occurs;that the Board receives a detailed and comprehensive budget from the School Board; and that it is determined whether coronavirus relief funds (CARES) can be spent for the items in question before the Board approves these appropriations. Supervisor Dunn seconded the motion which failed on recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Slaughter moved for adoption of the agenda with addition of a consent agenda item regarding voting credentials for the 2020 Virginia Association of Counties business meeting. The motion, seconded by Supervisor Fisher, carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye CITIZENS COMMENTS— None ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion was seconded by Vice Chairman Wells and carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye - Minutes of Regular Meeting of October 28, 2020 - CONSENT AGENDA APPROVAL - Parks and Recreation Commission Report of October 13, 2020 -CONSENT AGENDA APPROVAL, Appendix 1 - Finance Committee Report of October 14, 2020 - CONSENT AGENDA APPROVAL,Appendix 2 - Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations: CAB East LLC—$5,945.24 and Toyota Lease Trust—$7,638.21 — CONSENT AGENDA APPROVAL Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 2 6 Noting Credentials for the 2020 Virginia Association of Counites business meeting granted to Chairman DeHayen—CONSENT AGENDA APPROVAL - Resolution of Appreciation Honoring Paul G. Anderson, Jr.-CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION HONORING THE SERVICE OF PAUL G.ANDERSON,JR. WHEREAS,Paul G. Anderson, Jr.,was appointed to the Winchester Airport Commission on August 22, 1984;and WHEREAS,the General Assembly of Virginia did approve the Winchester Regional Airport Authority Act authorizing the governing bodies of the Counties of Clarke, Frederick, Shenandoah and Warren and the City of Winchester to create a Winchester Regional Airport Authority;and WHEREAS,on June 10, 1987,the Frederick County Board of Supervisors resolved to participate fully in the operation of the Winchester Regional Airport Authority and appointed Paul G.Anderson,Jr. to serve on the Authority;and WHEREAS,Paul served on the Winchester Regional Airport Authority from June 1987 through July 1997 and again from February 2004 until June 2020,and was Chairman of the Authority for several years during these periods;and WHEREAS, during his tenure,Paul participated in development of the Airport Master Plan and oversaw extensive capital improvement projects including: • 1,000'runway extension project • Runway rehabilitation project • Airfield lighting upgrades • 61 "T-hangar"units • 12,000 square foot corporate hangar • Instrument Landing System(ILS) • Automated Weather Observation System(AWOS) • 200,000 square foot Aircraft parking apron • Airport maintenance facility • Taxiway relocation project • Several land acquisition projects WHEREAS,the Virginia Aviation Lifetime Achievement Award which recognizes the exceptional efforts made by members of the aviation community in the Commonwealth of Virginia was bestowed upon Paul in 1997;and NOW,THEREFORE BE IT RESOLVED,that the Frederick County Board of Supervisors extends its most sincere thanks and appreciation to Paul G.Anderson,Jr.,for his devotion to service and dependability and wishes him all the best in his future endeavors. BE IT FURTHER RESOLVED that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. - Resolution Honoring the Life and Service of June Minder Wilmot -CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION HONORING THE LIFE OF JUNE MINDER WILMOT WHEREAS,June Minder Wilmot served Frederick County,Virginia,for approximately 14 years as a member of the Planning Commission;and Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 3 7 WHEREAS,June was appointed as representative of the Shawnee District on the Frederick County Planning Commission in March 2005,was subsequently appointed as the At-Large Representative in January 2008 serving continuously until September 2018, and was elected by her peers as Chairman of the Planning Commission in January 2006 serving as an insightful leader in that capacity until January 2018, WHEREAS,June retired as Executive Director of the Winchester-Frederick Economic Development Commission,having served from 1991-2002 and was noted for more than 35 years of experience in the field of economic development with some of her career experiences including serving in the Governor's Office in the Division of Industrial Development,Loudoun County and as the Director of the Economic Development Institute at the University of Oklahoma; and WHEREAS, in 1994 June received the prestigious Cardinal Award given by the Virginia Economic Developers Association in recognition of her leadership in the field of economic development, outstanding professional accomplishments, and exceptional service to the organization; and WHEREAS, in addition to her professional responsibilities,June's knowledge and conscientious dedication to bettering her community led to her unselfishly offering her time and talents in a variety of roles including service as a member of the Board of Advisors for the Shenandoah Institute of Public Service and as a board and steering committee member of the Community Consensus Coalition; and NOW,THEREFORE BE IT RESOLVED,that the Frederick County Board of Supervisors extends its sincerest thanks and appreciation for June Minder Wilmot and honors her life of leadership,dedication, and contribution to the community. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn noted concern about Spotted Lantern Fly in the region saying he will offer further information at the November meeting. Supervisor Dunn noted the volunteer fire and rescue association is thankful for the release of funds to assist with the purchase of fuel during the pandemic. Supervisor Dunn noted Election Day is close and commented that no-excuse early voting is not appropriate. COUNTY OFFICIALS: RECOGNITION OF MILLBROOK CROSS COUNTRY TEAM Supervisor Dunn recognized the coaches and Millbrook High School Cross Country Team for fundraising nearly $35,000 used to replace the placards at the Third Battle of Winchester battlefield which is used as the Team's cross county course adjacent to the high school. Chairman DeHaven presented Coach Kevin Shirk with a letter of commendation signed by the Board. Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 4 8 REMARKS FROM RAPPAHANNOCK ELECTRIC COMPANY PRESIDENT AND CEO, JOHN HEWA John Hewa, President and CEO of Rappahannock Electric Cooperative, provided an overview of the operations and programs offered by the Cooperative. COMMITTEE APPOINTMENTS CARL RUSH REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD—APPROVED Supervisor Dunn moved to reappoint Carl Rush to the Handley Regional Library Board to serve a four-year term ending November 30, 2024. The motion, seconded by Supervisor Graber, carried on a voice vote. A. NICHOLAS POWERS REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD — APPROVED Supervisor Slaughter moved to reappoint A. Nicholas Powers to serve a four-year term ending December 14, 2024, on the Historic Resources Advisory Board. The motion, seconded by Vice Chairman Wells, carried on a voice vote. GARY OATES APPOINTED TO FINANCE STANDING COMMITTEE—ANNOUNCED The Chairman announced he had appointed Gary Oates to fill a vacancy on the Finance Committee. + + + + + + + + + + + + + + JOINT SCHOOL BOARD MEETING DISCUSSION The Board discussed the dates proposed by the School Board for a joint meeting. Neither date offered suited all of the Board members. By consensus, the Board agreed to offer the following dates to the School Board for a possible meeting: November 18 and November 25. Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 5 9 LEGISLATIVE AGENDA ENDORSED Deputy County Administrator Tibbs explained the proposed legislative agenda presented by staff for the Board's review and endorsement. Supervisor McCarthy suggested the addition of a statement of the Board's support for school choice for all Virginia families including tax credits for those who choose home schooling or private schooling. Supervisor Gaber noted the reference to increased taxing authority to address school capital costs and said he has a hard time supporting any tax increase at the current time Supervisor Dunn noted his support for capital cost recovery and asked the School Board to join in going to Richmond to lobby on behalf of this effort. Supervisor Slaughter moved that the Board endorse the legislative agenda with the addition proposed by Supervisor McCarthy. Supervisor Dunn seconded the motion which carried on a voice vote. FINANCE COMMITTEE BUSINESS Supervisor Slaughter moved for approval of the FCPS Executive Director of Finance request: School Operating Fund and General Fund supplemental appropriations in the amount of $294,942.57. Vice Chairman Wells seconded the motion. Supervisor Dunn noted his concerns saying in March of this year he offered possible solutions and requested a joint meeting. He said he wished to see the School budget. Supervisor Graber moved to amend the motion by delaying a decision on the matter until after a joint meeting with the School Board and receipt of a detailed budget from the School Board. Supervisor Dunn seconded the motion to amend which failed on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Graber said the Board will be derelict of duty if it acts on this item without seeing a budget and that some of the actions of the School Board on this have been reprehensible. Supervisor Fisher noted the request is for restricted funds saying this is not an issue for discussion. Supervisor McCarthy agreed. The original motion for approval of School Operating Fund and General Fund supplemental appropriations in the amount of$294,942.57 carried on a recorded vote as follows: Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 6 10 Blaine P. Dunn No Gene E. Fisher Aye Shawn L. Graber No Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the FCPS Executive Director of Finance request: School Capital Projects Fund and General Fund supplemental appropriations in the amount of $1,976,978.24. This amount represents unspent FY 2020-School Operating funds to be used for the purchase of(19)school buses. Supervisor Fisher seconded the motion. Supervisor Graber moved to amend the motion by delaying making a decision on the matter until after a joint meeting with the School Board, after receipt of a detailed budget from the School Board, and after it has been determined whether CARES funds can be used to purchase school buses. Supervisor Dunn seconded the motion. Supervisor Graber referenced previous spending on items after the School Board had said no local funds would be spent. He referenced a textbook on deep equity saying it was authored by a communist and had been used to instruct students and staff. He displayed a video of the School Board meeting held on September 15,2020 and commented on the discussion between School Board members. He suggested that the School Board member from his district should contact the Attorney General and request a State Police Investigation regarding requests for a detailed budget not being granted. Supervisor McCarthy said he pointed out on September 23 that the Code of Virginia states that the School Board will manage its funds and that since he highlighted the conversations from the September 15 School Board meeting,there has been no indication that the School Board has taken any action to familiarize itself with the budget. He added the School Board has failed to take an active role in reviewing their budget and he cannot in good faith vote to appropriate more funds until he is assured of the School Board having oversight of their budget. The motion to amend by delaying the vote on the supplemental appropriation failed on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Graber said he was concerned that the Board will not be requiring the School Board to show they are good stewards of taxpayer money. Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 7 11 The original motion for approval of School Capital Projects Fund and General Fund supplemental appropriations in the amount of$1,976,978.24 carried on a recorded vote as follows: Blaine P. Dunn No Gene E. Fisher Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the FCPS Executive Director of Finance request: a School Operating Fund supplemental appropriation in the amount of$2,435,300.Vice Chairman Wells seconded the motion. Supervisor Dunn moved to amend the motion by delaying making a decision on the matter until after a joint meeting with the School Board and after receipt of a detailed budget from the School Board. Supervisor Graber seconded the motion to amend which failed on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No The original motion for approval of a School Operating Fund supplemental appropriation in the amount of$2,435,300 carried on a recorded vote as follows: Blaine P. Dunn No Gene E. Fisher Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the WRAA request: an Airport Fund supplemental appropriation in the amount of$190,000. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the WRAA request: an Airport Capital Fund supplemental appropriation in the amount of $190,411.75. Supervisor Fisher seconded the motion which carried on a recorded vote as follows: Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 8 12 Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the Public Works Director's request: a General Fund supplemental appropriation in the amount of$4,515. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the Sheriff's request: a General Fund supplemental appropriation in the amount of$7,408.76. Vice Chairman Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the Sheriff's request: a General Fund supplemental appropriation in the amount of$34,908.45. Vice Chairman Wells seconded the motion. Supervisor Dunn moved to amend the motion delaying a decision on the matter until after he receives additional information that he has requested from the Finance Department on the Sheriff's overtime costs. Supervisor Graber seconded the motion. Chairman DeHaven noted these are restricted funds that cannot be spent on anything else. The motion to amend failed on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher No Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Graber said the until some individuals understand there's some accountability there will be no accountability. He said the Board members need to make sure they are good stewards of the tax money. Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 9 13 The original motion for approval of a General Fund supplemental appropriation in the amount of$34,908.45 carried on a recorded vote as follows: Blaine P. Dunn No Gene E. Fisher Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS 2035 COMPREHENSIVE PLAN AMENDMENT CPPA#01-20 WAVERLY FARM SEWER AND WATER SERVICE AREA (SWSA) INCLUSION REQUEST -APPROVED Assistant Planning Director Candice Perkins reviewed Comprehensive Plan Amendment request #01-20 for Waverly Farm. She said with this amendment a Sewer Water Service Area (SWSA) expansion is proposed for a total of 171 +/- acres and the expanded SWSA area of 171 acres incudes properties between the Waverly Farm request and Hopewell Road. She said the Planning Commission held a public hearing on this proposed amendment and recommended approval of the SWSA expansion and the proposed Northeastern Land Use Plan (NELUP) text. John Riley, representing the Applicant, said he supports the recommendation for adjustments to the NELUP of the Comprehensive Plan. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of CPPA #01-20. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 10 14 2035 COMPREHENSIVE PLAN AMENDMENT, NORTHEASTERN LAND USE PLAN (NELUP) — SEWER AND WATER SERVICE AREA (SWSA) BOUNDARY LIMIT ADJUSTMENTS - APPROVED Assistant Planning Director Candice Perkins reviewed the proposed SWSA boundary adjustment saying it focused on the overall NELUP SWSA boundary, areas with planned land uses outside the SWSA, and SWSA boundaries that do not follow property lines. She said that text is also proposed for inclusion in the NELUP narrative in Appendix I and that the SWSA boundary study had been coordinated with Frederick Water. She said that the Planning Commission recommended approval of the SWSA adjustments proposed and the NELUP text. Ms. Perkins concluded saying there are two additional areas that are following a separate track and will come before this Board at a later date. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of the 2035 Comprehensive Plan Amendment, Northeastern Land Use Plan for Sewer and Water Service Areas Boundary Adjustments. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Gene E. Fisher Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS David Sovine, Superintendent of Schools, referenced the invitation sent to the Board for the School Board Training Session on November 13. He said the focus of the session is the budget and capital improvement program. Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 11 15 Alan Morrison, Gainesboro District, said he was unsettled to learn more than half the taxpayer funds in Frederick County are being spent without oversight by elected officials and that a summary budget is not enough detail for decision making. Tim Regan, Back Creek District, questioned the Schools' request for$1.9 million for school buses saying spending funds to get kids back in school during the pandemic would be a better choice. Joy Dunn, Red Bud District, said as a taxpayer she wants to know where the money is going, and she is disappointed in some of the members of the Board since we don't know where the money is being spent. Dana Newcomb, Gainesboro, said he found the video of the School Board meeting very disturbing. He said the Board of Supervisors is the conduit of the money and has a fiduciary responsibility. He said if there is no action from the School Board regarding providing a budget there should be consequences for that. BOARD OF SUPERVISORS COMMENTS Supervisor Graber responded to earlier comments saying that while the Board receives an expense statement from the School Board, there are no line item details. He said that the characterization that the School Board Finance Chairman was misspeaking in the video is not accurate because he has made similar statement at other times. He added that if the Board does not know where the money is going, the money should not be spent. Supervisor Dunn announced an information session on November 9 addressing farming and event centers. He addressed Supervisor Fisher saying he has enjoyed working with him and thanked him for serving and invited him to attend the joint meeting with the School Board even though he will no longer be a Board member after the election. Supervisor Fisher thanked Supervisor Dunn for his comments said he will be back to address the Board on some good news from the Airport. He wished the Board success as the County continues to grow. Chairman DeHaven thanked Supervisor Fisher for serving temporarily until election day. Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 12 16 Supervisor Slaughter and Vice Chairman Wells thanked Supervisor Fisher for serving. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor Dunn, the meeting was adjourned at 8:48 p.m. Frederick County Board of Supervisors Regular Meeting Minutes *October 28,2020 13 17 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: November 12, 2020 ��GrN Agenda Section: Consent Agenda Title: Minutes of Joint Work Session with Frederick Water of October 28, 2020 Attachments: BOS 11-12-20MinutesBOS-FredWaterWorksession280ctober2020.pdf 18 MINUTES FREDERICK COUNTY BOARD OF SUPERVISORS JOINT FREDERICK WATER-BOARD OF SUPERVISORS WORK SESSION WEDNESDAY, OCTOBER 28, 2020 5:30 P.M. BOARD MEETING ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VA ATTENDEES Board of Supervisors: Chairman Charles S. DeHaven, Jr.; Vice Chairman Robert W. Wells; Blaine P. Dunn; Judith McCann-Slaughter; and Gene E. Fisher were present. J. Douglas McCarthy participated remotely. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Scott Varner, IT Director; Mike Ruddy, Planning Department Director; Candice Perkins,Assistant Director of Planning; Karen Vacchio, Public Information Officer; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Frederick Water: Martha Dilg; Tom Simon; Henry Sliwinski; and Gary Oates, Chairman were present. Staff present: Eric Lawrence, Director; Michael Newlin, Assistant Director/Chief Engineer; Cheryl Whittle, Director of Finance; Greg Grim, Treatment Superintendent; Craig Grubb, IT Director; Rocky Stump, Operations Superintendent; and Jamie Miller,Administrative Assistant. CALL TO ORDER AND WELCOME Chairman DeHaven and Chairman Oates called the meeting to order at 5:30 p.m. FREDERICK WATER PROJECT UPDATES Executive Direct Eric Lawrence provided an overview of recent Frederick Water accomplishments including Stonewall Park; Stephens City Quarry System; Rt. 37 Water Main; Lake Frederick Tank; Orchard View Well; Lake Frederick Water Wells; and the Carmeuse Clearbrook Quarries. He then reviewed upcoming and pending projects including the Opequon Water Supply Plan; the Henry F. Sliwinski Water Treatment Plant; the City of Winchester Water Agreement; the Route 522 South Sanitary Sewer Improvements; serving the NELUP SWSA; and opportunities for changes at the Frederick Winchester Service Authority. 19 DISCUSSION The Boards discussed the projects outlined by Mr. Lawrence. ADJOURN There being no further business, the meeting was adjourned at 6:32 p.m. 20 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: November 12, 2020 ��GrN Agenda Section: Consent Agenda Title: Minutes of Work Session of November 5, 2020 Attachments: BOS 11-12-20MinutesWorkSession5November2020.pdf 21 MINUTES WORK SESSION FREDERICK COUNTY BOARD OF SUPERVISORS THURSDAY, NOVEMBER 5, 2020 6:30 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn; Shawn L. Graber; Judith McCann-Slaughter; and J. Douglas McCarthy. Gene E. Fisher and Robert W. Wells were absent. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Missi Neal, Purchasing Manager; LeeAnna Pyles, Director of Public Safety Communications; Denny Linaburg, Fire Chief; Steve Majchrzak, Assistant Fire Chief; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:30 p.m. PRESENTATION Jay Tibbs, Deputy County Administrator, presented an overview of the County's public safety radio system procurement project including the timeline of the radio study, the RFP process, evaluation of the proposals and the negotiation phase. He said the County Negotiation Team considered many factors when developing its recommendations including initial and long-term costs, perceived risk, and confidence in the vendor offerings and design differences. He said the goal was to recommend the vendor and offering that was in the best long-term interest of the County, and at the conclusion of the work session, staff would be seeking guidance from the Board on the following items: 1. Does the Board wish to move forward with this project?; 2. Board consensus regarding staff's recommendation; and 3. Clarification from the Board regarding owned versus leased sites. He identified the top two vendors as JVCKenwood (EF Johnson)and Motorola 1 22 saying that following negotiations, the committee and staff recommend the County enter into a contract with EF Johnson. Mike Milas of Mission Critical Partners reviewed the evaluation and negotiation process and explained why the West Virginia SIRN option had been eliminated. Mr. Tibbs reviewed the recommendation of the committee and staff including the business case for County ownership of greenfield sites which accommodate new radio tower placements. DISCUSSION Supervisor McCarthy referenced a letter received from one of the top two vendors, Motorola, disputing the committee's recommendation, and the Board, staff, and Mr. Milas discussed the matter. Mrs. Neal reviewed why the L3Harris proposal was eliminated from further consideration. Supervisor Dunn requested clarification about how coverage in the southwest corner of the County would be obtained and the Board, staff, and Mr. Milas discussed the issue. Supervisor Graber listed concerns about all vendors being included in negotiations, whether Mission Critical Partners had ever recommended the vendors not included in negotiations, how Mission Critical Partners was getting paid, whether the radios in the recommended proposal had been built yet, how the County is assured that the proposed service will be delivered, the difficulty of locating towers on or near school sites, longevity of the proposed system,the references for other systems installed by the recommended vendor, and whether Mission Critical Partners had done vetting of those systems. He said he wished to have a separate consultant review all proposals for a second opinion on the recommendation. Supervisor Dunn and Mr. Tibbs discussed how the committee arrived at its unanimous recommendation. Supervisor McCarthy and Mr. Milas discussed new tower sites being determined by a team effort of vendor and staff. Supervisor McCarthy and County Attorney Williams discussed the issue of staff or Board members talking with the eliminated vendor prior to negotiations with Mr. Williams cautioning that doing so with no parameters could invite a bidder protest. Supervisor Dunn and Mr. Milas discussed whether the proposed system is proprietary or is an open system. 2 23 The Board and Mrs. Neal discussed requiring a bond to ensure contractor performance. Supervisor McCarthy and Mr. Milas discussed repair companies and EF Johnson's designation of Radio Express for repair. Supervisor McCarthy and Mr. Tibbs discussed the reasons that EF Johnson's proposal stood out. The Board and Mr. Tibbs discussed the information that would be included in a final contract with the vendor. The Board and Mr. Milas discussed the radio models listed in the EF Johnson proposal. The Board and Mr. Tibbs discussed the possible use of the capital fund as wells as financing options. Mr. Tibbs noted the contract would have benchmarks specifying when certain payments would be due. The Board agreed by consensus that ownership of tower sites would be preferred. Supervisor Dunn noted receipt of an email saying a radio system could be built for $14 million instead of the preferred vendor's price. The Board agreed by consensus to have a follow-up work session in two to three weeks for further discussion. ADJOURN Upon motion of Supervisor McCarthy, seconded by Supervisor Slaughter, the meeting was adjourned at 8:20 p.m. 3 24 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: November 12, 2020 ��GrN Agenda Section: Consent Agenda Title: Transportation Committee Report of October 26, 2020 Attachments: BOS 11-12-20TransCommReport260ctobter2020.pdf 25 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, October 26, 2020 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present:Judith McCann-Slaughter, Chairman (Voting), Gary Oates (Voting),James Racey(Voting). Committee Members Absent Mark Davis (Liaison Middletown) Charles DeHaven, Jr. (Voting) and Cordell Watts (Voting) Lewis Boyer (Liaison Stephens City). Staff Present:Assistant Director-Transportation John Bishop and Kathy Smith,Secretary. ITEMS FOR INFORMATION ONLY: 1 — Route 7 STARS Study Update: Staff gave a brief overview to the Committee on the status and progress of the Route 7 STARS(Strategically Targeted Affordable Roadway Solutions) Study that is being completed by Michael Baker and utilizing MPO resources. The STARS study is for improvements on small projects for a low cost. The area being discussed is at the Greenwood Road Interstate to Pleasant Valley Road in the City of Winchester. The study showed a lot of crashes around the Valley Mill Road and 181 corridor area. Also, the study showed that in the area of Millbrook Drive and First Woods Drive that those roadways are going to work better together with a focus on the left turn lane into Millbrook Drive,while removing the left turn lane at First Woods Drive into the school with the opposite being done on the other side of the roadway with no left turn at Blossom Drive and Millbrook Drive any longer. This study gave Staff what was needed for one of the Smartscale applications, even though it did not give the results for some of the larger applications. The study is in the process of being finalized. 2—Sheriff's Office Request for Speed Signs: The Sheriff's Department has asked the Committee for consideration to be able to procure electronic speed signs through VDOT funds for safety projects in Frederick County. These electronic speed signs would be attached to the existing speed limit signs in areas of concern to increase driver awareness of their speed. The sign would display the actual speed and flashing a strobe if the speed is exceeded. The signs would also gather traffic and speed data while in place. The cost of the units would be approximately $2559.00 per unit and any required maintenance would be the responsibility of the Sheriff's Department. After much, discussion the Committee unanimously agreed to procure up to six electronic speed signs. 3-County Projects Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1- 81 Bridge: The recent work has been focused on the Roundabout as well as the intersection of 26 Route 522, Crossover Boulevard and Airport Road. This has caused some temporary lane closures as the project has progressed. Renaissance Drive: The most recent round of comments has been received from CSX and VDOT. Staff and the engineer will have a follow up meeting scheduled with CSX and their consultant AECOMM on October 27, 2020 to discuss possible alternatives. 4-Other: Capital Improvement Program: Discussion at the next meeting. Project Prioritization Discussion: Continuing the discussion in the next few months. VTrans Update: The VTrans is ongoing with VDOT with a statewide plan update again. This is important to the County as they are the gatekeeper for the Smartscale applications for funding. The Committee was updated on an issue with incorrect stripping at Old Charlestown Road that was quickly corrected once the contractor was contacted by VDOT. Also, Staff is working with VDOT on a concern for the crosswalks due to the increased pedestrian's traffic at the Jordan Springs Elementary along Flyfoot Drive. The crosswalk improvements are planned to start this week per VDOT. 27 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: November 12, 2020 ��GrN Agenda Section: Consent Agenda Title: Public Works Committee Report of October 27, 2020 Attachments: PWComm10-27-20 COMMITTEE REPORT.pdf 28 Tuesday, October 27, 2020 8:00 a.m. Board of Supervisors Meeting Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present:J. Douglas McCarthy; Whitney"Whit" L.Wagner; Harvey E. "Ed" Strawsnyder,Jr.; Gene E. Fisher; and Gary E. Longerbeam Committee Members Absent: Robert W.Wells Staff and others present:Joe C. Wilder, Director of Public Works; Kris Tierney, County Administrator; Erin Swisshelm,Assistant County Attorney; Kevin Alderman, Shawneeland Manager;Jay Tibbs, Deputy County Administrator; Ron Kimble, Landfill Manager; Dale Ballenger, Landfill Operations Manager Attachment 1—Agenda Packet ITEMS REQUIRING ACTION 1- Discuss disposition of the old Albin Citizens Convenience Center. Recently, we opened the new Albin Citizen Convenience Center at the old bus shop property on Indian Hollow Road. The 0.88-acre site where the old site was located is no longer needed by the Public Works Department. After some discussion with the committee members, the best option is to attempt to sell the subject property. We have interest from several people who have approached us about buying the property. Therefore, committee member Ed Strawsnyder made a motion to sell the subject property as is except for removal of equipment. The motion was seconded by committee member Whit Wagner. The motion was unanimously approved by the committee. The motion will be sent to the Board of Supervisors for further consideration. ITEMS FOR INFORMATION ONLY 1-Update on the new Albin Citizens Convenience Center. Recently, we opened the new Albin Citizens Convenience Center located at the old bus shop along Indian Hollow Road. Since its opening, staff has received lots of positive feedback about the new site. We have much larger capacity, more room for traffic to flow, increased access to recycling facilities, etc. The original project budget was $1,600,000.00. Final costs for the project was just over$1,250.00.00. 2-Update on the solid waste survey. See the summary and spreadsheet attached to the agenda packet. 3-Discuss development of a large storage building at the Stephenson Convenience Center. 29 There has been an on-going need to have a large storage building for much of the equipment for our refuse collection staff who manage all of Frederick County's citizen convenience Centers. We would like to construct an approximately 30x60 pre-manufactured metal building on our existing concrete slab at the Stephenson Convenience Center. Currently, we are using multiple small storage buildings to store all the equipment (i.e. mowers, snow blowers, trailers, hand tools, etc.) in these small buildings. We have had some vandalism and thefts of equipment at this site. In the past,we have attempted to find funds to build this storage building but to no avail. We requested to the committee about using some leftover funds from the Albin Convenience Center project. We are anticipating about$80,000 being left over from that project that could be used to fund this storage building project. Previously, the recommendation from the board was that all unspent funds from the Albin Convenience Center project would be returned to the general fund. Therefore, committee member Ed Strawsnyder made a motion to recommend using up to $60,000 from the refuse collection budget line item 10-4203-8900-00 Improvements Other than Buildings to construct a new building. The motion was seconded by Supervisor Gene Fisher. The committee unanimously approved the motion. The recommendation will be forwarded to the Finance Committee for further consideration. Again, no additional funds are needed,just seeking board approval to use the unspent funds to construct the building. 4-Discuss design and improvements at the Gore Convenience Center. Currently, the Gore Convenience Center uses multiple 8-yard cans for disposal and there is no compactor at this site. As part of the CIP,the Gore site improvements have been discussed for several years. We informed the committee that staff will move forward with designing a new site layout that incorporates using a single trash compactor. This will greatly improve capacity at the site and reduce hauling cost with less trips needed to empty the unit. We will include costs for these improvements in the Fiscal Year 2022 budget. 5-Update on Crossover Boulevard. We showed the committee a recent video recorded by aerial drones showing updated progress on the road and bridge construction. 6-Update on the new Environmental Inspector position and fee increase for land disturbance. Recently,we were given the go ahead to advertise and hire a new Environmental Inspector for the Engineering Department. We are currently advertising for the position and hope to have someone on staff by the beginning of December. Also,we enacted the new land disturbance permit fee schedule on October 15Y which will provide additional funding for this new position. 7-Update on landfill projects-new cell development. We updated the committee that we will have base grades completed for the new 10-acre MSW landfill cell, Phase 3, Cell A by the end of 2020. Therefore, we are planning to construct a new landfill liner system for this 10-acre cell during 2021. We also updated the committee that we have recently re-started the Household Hazardous Waste program and e-cycle events. 30 8-Update on the Shawneeland budget and current paving project. Recently,we have completed a tar and chip paving project on approximately 10 miles of roads within Shawneeland. With reduced costs for paving, we saved approximately$80,000.00 in the budget. We also updated the committee on budget preparations for the upcoming Fiscal Year 2022 budget. We are anticipating developing two budget scenarios. One budget with the tar and chip paving program and one without the paving program to save funds in the short term. We also updated the committee that we recently had Charlie Monroe who is the Maintenance Operations Manager for the Edinburg Residency of the Virginia Department of Transportation. We asked VDOT to offer suggestions and look at our operation to ensure we are using the latest recommended methods and keeping cost in check (see attached e-mail). He indicated that staff are doing a good job of maintaining road and recommends we keep doing the same into the future. (Attachment 2) 9-Update on Fiscal Year 2022 budgets. We updated the committee that we have begun the budget preparation process for Fiscal Year 2022. We have scheduled our budget meeting with the Public Works Committee for Tuesday, December 1, 2020. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W.Wells Whitney"Whit" L. Wagner Gene E. Fisher Harvey E. "Ed" Strawsnyder,Jr. Gary E. Longerbeam B �Lx- Y Joe AC. Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Erin Swisshelm, Assistant County Attorney Kevin Alderman, Shawneeland Manager Cheryl Shiffler, Finance Director Ann Phillips, Deputy Clerk to the Board of Supervisors Gloria Puffinburger, Solid Waste Manager Ron Kimble, Landfill Manager file 31 COQ Attachment 1 4 COUNTY of FREDERICK w Department of Public Works 540/665-5643 FAX: 5401678-0682 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder,Director of Public Works SUBJECT: Meeting of October 27,2020 DATE: October 20,2020 There will be a meeting of the Public Works Committee on Tuesday,October 27,2020 at 8:00 a.m.in the Board of Supervisors meeting room located on the first floor of the north end of the County Administration Building at 107 North Kent Street. The agenda thus far is as follows: 1. Update on the new Albin Citizens Convenience Center. (Attachment 1) 2. Discuss disposition of the old Albin Citizens Convenience Center. (Attachment 2) 3. Update on solid waste survey. (Attachment 3) 4. Discuss development of a large storage building at the Stephenson Convenience Center. 5. Discuss design and improvements at Gore Convenience Center. (Attachment 4) 6. Update on Crossover Boulevard. 7. Update on new Environmental Inspector position and fee increase for land disturbance permits. 8. Update on landfill projects-new cell development. 9. Update on Shawneeland budget and current paving project. 10. Discuss upcoming Fiscal Year 2022 budget preparations. 11. Next Public Works Committee Meeting will be Tuesday, December 1, 2020. 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 32 Public Works Committee Meeting Agenda Page 2 October 20,2020 12. Miscellaneous Reports and Documents: a. Tonnage Report: Landfill (Attachment 5) b. Recycling Report (Attachment 6) C. Animal Shelter Dog Report: (Attachment 7) d. Animal Shelter Cat Report (Attachment 8) e. Shawneeland Sanitary District Advisory Committee quarterly meeting minutes (Attachment 9) JCW/kco Attachments: as stated 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 33 CO�� r �} COUNTY of FREDERICK f Department of Public Works 540/665-5643 i`1738 FAX: 540/678-0682 MEMORANDUM TO: Joe C. Wilder, Director FROM: Gloria Puffinburger, Solid Waste Manager SUBJECT: New Albin Citizens' Convenience Site Citizen Feedback DATE: October 9, 2020 This memorandum is to inform you of the positive feedback we have received from citizens utilizing the new Albin Citizens' Convenience Site, 174 Indian Hollow Road, since its opening on September 24. Initially, citizens are very appreciative that the entire facility is paved, unlike the former site which was not paved around the recycling area. Attendants said the recycling portion of the site will be much easier to manage and keep clean. Other comments included: "Spacious!" "Easy getting in and out, even on a Saturday." "It's really nice!" /gmp cc: file 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 34 Property Map - Frederick County, VA 22 2 gg� 228 I 4A Nry� / { ' 1 r - j, + i 1-4 �4' 1 z c - tom, a = Frederick County Information Technologies w�e 107 N Kent St Winchester,VA 22601 s 540-665-5614 FrederickC ounty does not gi✓e any expressed orimplied-Hes, 0 60 120 240 Feet con drlion representations,indemnities oranykind,statutory,or otherwise,concerning any orallorthe Frederick County GIS data. 1960 3CJ Date:October 7,2020 VA.SEC.RTE.679-INDIAN HOLLOW ROAD (60-RlW) DB 176 PG 371 S 63°24'12"E 92.19' IRS IRS G 1 1 9 O -0- 0 s� PIN 42-A-184 Z CA PROPERTIES, LLC PIN 42-A-186 0 INST. 140004011 FREDERICK COUNTYV_. PIN 42-A-188 -� WINCHESTER EQUIPMENT W1 SCHOOL BOARD I- COMPANY m' BRYARLY SCHOOL LOT"1� /NST. 010017573 38,242 SQ.FT. 0.8779 ACRES .o .o LEGEND IRF IRON ROD FOUND IRS IRON ROD SET NOTES: 1 1 1. NO TITLE REPORT FURNISHED; THEREFORE EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN HEREON. ' 1 2.THE BOUNDARY INFORMATION SHOWN IS ' 1 BASED ON AN ACTUAL FIELD SURVEY COMPLETED IN FEBRUARY,2019. 3.THIS SURVEY IS FOR THE PURPOSE OF SHOWING THE PERIMETER BOUNDARY LINES. IRF __ IRS OPPOSITE PHYSICAL IMPROVEMENTS ON THIS PARCEL N 62°55'26"W 93.14' SET STONE ARE NOT SHOWN. PIN 42-A-188 BOUNDARY SURVEY TAX MAP PARCEL 42-A-186 - 0.8779 ACRES �PLTH OP STANDING IN THE NAME OF FREDERICK COUNTY SCHOOL BOARD DEED BOOK 98 PAGE 37 v GAINESBORO MAGISTERIAL DISTRICT U FREDERICK COUNTY, VIRGINIA W. Marsh Lic. No.001843 DATE:05/01/2019 SCALE:V=50' SHEET 1 OF 1 ANo SURVEyO Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET—WINCHESTER,VIRGINIA 22601 DRAWN BY: CAJ PHONE(540)667-0468 - FAX(540)667-0469 - EMAIL office@marshandlegge.com DWG NAME: ID10709-BS 36 COUNTY of FREDERICK w � Department of Public Works 5401665-5643 ��gs;rrrr FAX: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Gloria M. Puffinburger Solid Waste Manager RE: FY 20/21 Site Usage Survey Results DATE: October 7, 2020 As previously noted, circumstances surrounding the pandemic and the greater number of individuals spending time at home has resulted in an increase in residential refuse of about 11 percent. During August, an annual traffic count at the neighborhood citizens convenience sites showed an overall 8 percent increase over August 2019, totaling an average of 81,020 users per month or 972,240 users annually at the ten facilities. The Greenwood Road location showed the largest increase in traffic. A total of 16,321 vehicle trips were made to the facility, an increase of 21 percent. The site averages 604 vehicle trips per day. The Albin site served 14,114 during August(average of 522 vehicle trips per day) and Stephenson, 12,167 per month or an average of 450 vehicle trips per day. Due to recently completed relocation and expansion, the Albin facility now offers two compactors for refuse, as does the Stephenson facility. For a summary of usage at the county's convenience sites since 2009,please refer to the attached chart. /gmp 37 2020 USAGE SURVEY; CITIZENS' CONVENIENCE SITES Location 2020 Daily Peak Sun 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Avg Day Avg Change (5 hr) Greenwood+ 16,321 604 864 750 12,584 13,128 14,186 12,817 14,772 12,183 12,944 13,586 13,655 14,222 13,459 +21%.. Bryarly+ 14,114 522 768 564 10,170 10,752 13,343 14,364 15,736 15,325 16,096 16,270 17,006 13,286 15,552 -9% Middletown 7465 276 344 259 9419 9492 10,266 8997 8753 8818 9419 8954 7394 7091 7170 +4% Stephenson 12,167 450 530 435 8288 9302 9260 8952 9611 9820 10,637 10,246 10,540 9598 10,727 +13% DTG 8654 321 305 322 6181 6283 5770 6440 7518 7001 7578 7685 7556 7950 7793 +11% Shawneeland 7214 267 324 248 5068 5104 4638 5100 5207 4616 5595 6042 6025 6577 6771 +6% Back Creek 5552 205 234 200 4805 5317 4916 4937 5032 4674 4923 4899 4811 4987 5162 +8% Round Hill 4903 181 210 174 3359 3332 3622 3700 4131 3807 3988 4074 4151 4409 +11% 4256 Gore 3785 140 183 113 2603 2849 2736 2932 3310 3118 3212 3140 3056 3361 3544 +7% Star 845 38 55 45 651 644 589 562 630 619 632 584 653 654 661 +28% Tannery* AUG 81,020 63,128 66,203 69,326 68,801 74,700 69,981 75,024 75,480 74,857 75,993 75,993 TOTAL: YRAVG: 972,240 757,536 794,436 831,912 825,612 896,400 839,772 900,288 905,760 898,164 911,916 902,976 +8% survey conducted 8/2020;+mechanical count *closed two days/wk,open 31 hrs/wk 38 Property Map - Frederick County, VA �' iii. i�i t >+G,�•, �• '� t�¢ � dt 40 - ; VV f:. • t J J is � � -• � i �• F MW _ 1a Frederick County Information Technologies /"�t� 107 N Kent St Winchester,VA 22601 WQ=�L 540-6655614 ��VVVys Frederick County obesnot giveany expressed orimphed rLerrenhes, 0 25 50 100 Feet conditions,representations ndemnitiesofanykind,statutory,or otherwise,concerning any a•all ofthe Frederick County GIS data. 1600 39 Date:October 19,2020 COC' 4 COUNTY of FREDERICK w Department of Public Works 540/665-5643 177]838 FAX: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder,Director of Public Works SUBJECT: Monthly Tonnage Report-Fiscal Year 19/20 DATE: October 9,2020 The following table shows the tonnage for the months of July 2020 through June 2021. The average monthly tonnage for fiscal years 03/04 through 20/21 are also listed below: 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: 14,507 TONS(UP 523 TONS) FY 17-18: AVERAGE PER MONTH: 15,745 TONS(UP 1,238 TONS) FY 18-19: AVERAGE PER MONTH: 16,594 TONS(UP 849 TONS) FY 19-20: AVERAGE PER MONTH: 16,973 TONS(UP 379 TONS) FY 20-21: AVERAGE PER MONTH:16,994 TONS(UP 29 TONS) MONTH FY 2018-2019 FY 2019-2020 FY 2020-2021 JULY 17,704 17,956 17,677 AUGUST 18,543 17,267 16,517 SEPTEMBER 14,799 17,985 16,789 OCTOBER 18,158 22,528 NOVEMBER 15,404 17,304 DECEMBER 14,426 14,362 JANUARY 13,973 14,913 FEBRUARY 12,764 13,380 MARCH 17,079 15,533 APRIL 20,313 17,475 MAY 19,443 17,010 JUNE 16,519 17,968 JC W/gmp 40 RECYCLING REPORT-FY 20/21 AL STEEL MONTH GLASS PLAST CANS CANS PAPER OCC SHOES/TEX ELEC SCRAP TOTAL JUL 0 22,360 15,900 62,440 136,120 3,240 28,440 289,478 557,978 AUG 28,880 11,240 73,280 128,260 4,560 265,740 511,960 SEP 23,480 12,380 62,540 129,600 2,840 50,800 287,040 568,680 OCT 0 NOV 0 DEC 0 JAN 0 FEB 0 MAR 0 APR 0 MAY 0 JUN 0 TOTAL 0 74,720 0 39,520 198,260 393,980 10,640 79,240 842,258 1,638,618 FY 19-20 0 454,859 37,370 108,974 854,350 1,174,530 55,100 391,900 3,209,400 6,286,483 FY 18-19 0 430,963 47,082 96,494 998,815 1,243,232 83,104 467,720 2,909,857 6,277,267 FY 17-18 0 465,080 53,224 94,530 1,066,300 1,080,087 37,260 536,420 2,874,709 6,207,610 FY 16-17 372,600 430,435 41,002 89,976 1,082,737 1,009,153 37,220 495,500 2,687,241 6,245,864 FY 15-16 919,540 428,300 52,077 97,252 1,275,060 974,493 48,820 480,400 2,376,344 6,652,286 FY 14-15 895,600 407,703 40,060 97,515 1,272,660 893,380 49,440 532,283 1,890,729 6,079,370 FY 13-14 904,780 417,090 39,399 99,177 1,281,105 902,701 37,800 611,580 1,639,225 5,932,937 FY 12-13 913,530 410,338 45,086 102,875 1,508,029 878,450 39,700 502,680 1,321,938 5,722,626 FY 11-12 865,380 398,320 43,884 99,846 1,492,826 840,717 37,920 484,600 1,432,678 5,696,171 FY 10-11 949,185 378,452 42,120 98,474 1,404,806 824,873 41,700 467,920 1,220,107 5,427,637 FY 09-10 1,123,671 370,386 42,844 96,666 1,235,624 671,669 21,160 435,680 1,348,398 5,346,098 FY 08-09 762,810 322,928 23,473 55,246 1,708,302 564,957 28,780 404,760 1,097,151 4,968,407 FY 07-08 794,932 284,220 15,783 40,544 1,971,883 545,692 0 498,110 1,172,880 5,324,044 FY 06-07 600,464 200,720 11,834 29,285 1,684,711 441,321 0 382,574 550,070 3,900,979 FY 05-06 558,367 190,611 12,478 28,526 1,523,162 381,469 204,220 2,898,833 FY 04-05 549,527 193,224 11,415 27,525 1,552,111 273,707 25,080 2,632,589 FY 03-04 541,896 174,256 11,437 31,112 1,443,461 156,870 336,230 2,695,262 FY 02-03 413,627 146,770 9,840 23,148 1,381,195 62,840 171,680 2,209,100 FY 01-02 450,280 181,040 10,565 25,553 1,401,206 54,061 58,140 2,180,845 FY 00-01 436,615 198,519 10,367 24,988 1,759,731 9,620 2,439,840 FY 99-00 422,447 177,260 10,177 22,847 1,686,587 44,180 2,363,498 FY 98-99 402,192 184,405 9,564 22,905 1,411,950 48,810 2,079,826 FY 97-98 485,294 136,110 13,307 29,775 1,830,000 2,494,486 FY 96-97 373,106 211,105 23,584 46,625 1,690,000 2,344,420 FY 95-96 511,978 167,486 28,441 44,995 1,553,060 2,305,960 TO DATE 14,247,821 6,009,678 548,737 1,234,855 33,150,206 8,547,406 342,540 6,225,034 17,634,721 87,941,078 41 FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2020-2021 DOG REPORT ON HAND AT RECEIVED BROUGHT IN BITE BORN AT DIED AT ESCAPED/ CARRIED OVER MONTH FIRST OF MONTH AT KENNEL BY ACO CASES KENNEL ADOPTED RECLAIMED DISPOSED KENNEL STOLEN NEXT MONTH JULY 23 20 33 2 0 17 22 5 0 0 34 AUG 34 6 22 3 0 19 17 3 0 0 26 SEP 26 3 23 0 0 11 20 1 0 0 20 OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL 83 29 78 5 0 47 59 9 0 0 80 In the month of September-52 dogs in and out of kennel. 3 dogs transferred to other agencies. 42 FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2020-2021 CAT REPORT ON HAND AT RECEIVED BROUGHT IN BITE BORN AT DIED AT ESCAPED/ CARRIED TO MONTH FIRST OF MONTH AT KENNEL BY ACO CASES KENNEL ADOPTED RECLAIMED DISPOSED KENNEL STOLEN NEXT MONTH JULY 30 54 8 1 0 43 1 3 0 0 46 AUG 46 38 5 2 0 32 1 1 0 0 57 SEP 57 52 11 5 5 45 3 2 1 0 79 OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL 133 144 24 8 5 120 5 6 1 0 182 In the month of September-52 cats in and out of shelter. 18 cats transferred to other agencies. 43 Shawneeland Sanitary District Advisory Committee-Minutes of August 3,2020 The meeting was called to order at 7:OOpm. Those in attendance were Jimmy Smith,Jeff Stevens, Jason Croasdale, Ken Baker, Kevin Alderman, Director of Public Works Joe Wilder, and Supervisor Shawn Graber. Barry Van Meter and Michelle Springer was absent. Due to the Coronavirus pandemic social distancing guidelines, residents were unable to sit in on the meeting but could wait outside till their turn to enter the building and speak on their concerns. There were 2 residents and Supervisor Shawn Graber who spoke at the meeting. Jimmy called for approval/correction of the February 3, 2020 and May 18, 2020 meeting minutes. The minutes passed unanimously. Manager's Report: See Attached Manager's Report and Parking Policy. New Business: Budget Meeting for Fiscal Year 2021-2022 will be November 16, 2020. • There will not be a meeting on November 2, 2020.The meeting on November 16, 2020 will serve as the November quarterly meeting.This meeting will be used to discuss the upcoming budget before it goes to the Public Works Committee in December. "Did You Know" Posting: • Jimmy is proposing to do a posting once a month with questions and answers that citizens may have.These would be posted at both mailhouses and on the Facebook page. Lake Cherokee Beach: • There have been complaints about there not being lifeguards or security on the beach. It was corrected that Shawneeland did not have lifeguards but did have beach security. Kevin recommended to add $15,000-$18,000 to the next budget cycle if the committee would like to have beach security.This will be something we can discuss at the budget meeting. SSDAC Facebook Page: • This was the 15Y meeting live on Facebook.The meeting video is posted on the Facebook page named Shawneeland SSDAC committee. We are going to use our Facebook page to put out information. Everything will be linked to the Frederick County, VA website where the original information is. If there are comments or questions, we will answer them, but we will not go back and forth on Facebook.There was a suggestion to not allow comments therefore there would not be side conversations or individuals only conversating with 1 committee member. Open House: 44 • We are looking at holding an open house on a Saturday in October.This will depend on the current pandemic and what the guidelines are in the future. We could invite the Frederick County Sheriff's Office, North Mountain Fire Department, and the contractor for the Tar&Chip project to come and answer questions.This would allow for residents to see the normal everyday going on of the staff in Shawneeland. CCAP: • The mobile ministry contacted the SSDAC at the request of Shawneeland residents to set-up in Shawneeland and disperse food to those in need. You did not have to be a CCAP client to receive the food.They were able to help 49 families within the community. The SSDAC is going to get more information about CCAP and their mission. If there are future giveaways in Shawneeland the date and time will be posted. Public Comments: Supervisor Shawn Graber: • He spoke on a concern that he has heard from residents that the budget is brought forth by the Manager of Shawneeland and not the SSDAC.The concerned residents would like to see the SSDAC bring forth a budget that represents the community. This would allow for the SSDAC and the Manager to come together and reconcile a budget that works for the community. • Would like to see the SSDAC work to get some ordinances passed to be enforceable by the county.This would be beneficial to all Sanitary District's. Lynn Schmitt: • Wanted to be clear and upfront that she is not saying that the maintenance crew does not work hard or do a great job. • Has questions regarding the Tar& Chip and Grader Patching. She has contacted several companies and explained to them our process. Their process is different. When we grader patch a large area,we are counteracting ourselves because the Tar&Chip is not going to stick. Therefore, we must do it so often. Kevin responded by saying in his experience of 30 years it has been done by putting asphalt down, grader patch, and then tar& chip over it.The Tar& Chip seals the road. VDOT does the same process that we are doing. • The dusting of the roads is unsafe for motorcycles.The response is that whether it be a motorcycle or a vehicle if they travel at the posted 25 mph speed limit then there would be no issues. • Another issue that causes confusion with the community is that Frederick County equipment is not supposed to be on private property, but I have received photos and videos of equipment parked on private property. George Bishop: • The burned-out home at 504 Shawnee Trail has been abandoned since last year. What can be done and what will be done regarding 45 this issue? What would be the timeline that the structure would be demolished or restored? • Non-Property owners on Shawnee Trail are speeding, some in excess of 50 mph. Many vehicles disregard the 3-way stop sign at the intersection of Shawnee Trail with Tecumseh and Bowman. He has personally witnessed 22 vehicles mow through that intersection without tapping the breaks. Would like to see the committee contact the Frederick County Sheriff's Office to have the area patrolled, enforce the speed limit, and issue citations. • The owners of the 30 acres behind his house have put up a tree stand about 30 feet from his property line. He would like to have the committee look at it and to know what can or cannot be done.There is a big no hunting sign in Shawneeland. • The condition of the beach and the lake. There is a no swimming sign posted at the boat ramp, but people still swim there. 1 of the reasons being that people bring their dogs to the beach area and don't clean up after them. Would like the committee to address this issue with some type of enforcement to the dog owners. Committee Comments: Jeff Stevens:Wanted to discuss the budget with Kevin. Would like to see Kevin save Shawneeland money by doing more work themselves. If short-staffed,you could hire someone from a temporary agency instead of hiring a person part-time or full-time. It was asked if we are short-staffed due to someone out on vacation and the answer was no.We need to keep our budget under the revenue that we bring in. He would like to come in and go over the budget with Kevin line by line. Jason Croasdale: He is discouraged by only having 3 weeks for the committee to have input on the budget before it moves on to the Public Works Committee.Joe answered by saying the Board of Supervisors and the Finance Department sets the budget guidelines and calendar.We have no control over the process.This is not just for Shawneeland, all Frederick County departments have the same timeline. Are you going to fill the position?We may not fill the position.The direction that we received from the Board of Supervisors is that it will be at our discretion to fill the position. Joe Wilder, Director of Public Works spoke on the budget process and how Kevin cannot meet with more than 1 person at a time to discuss the budget. If he meets with more then 1 person, it then must become a public meeting.We are going to do the best we can to communicate with all of you and the citizens. As soon as we receive the FY20 year-end numbers we will send them to the SSDAC, and it will be posted. Jimmy adjourned the meeting. 46 Attachment 2 From: MonCge.Charlie To: Jo Wilder Ce: Kevin Alderman;Edwin Caster Subject: "[Extemaq"Re:Meeting Date.- Wednesday,September 09,2020 11:47:58 AM TMr. Wilder, I hope all is well . It was nice to get to spend some time with you and Kevin last week. After speaking with the two of you Kevin and I traveled over a good many of the roads in Shawnee Land. In talking with Kevin in my opinion he has a good plan in.place for the continued maintenance of the roadway infrastructure in Shawnee Land. Kevin is addressing everything we try to address in our roadway maintenance(drainage, leveling sealing, and vegetation control)which all have a negative impact to the roadway if they are not continually part of the plan. All though a road looks fine and rides fine these items need to be addressed each year in a cyclical fashion to stay in front of future roadway failures. As I stated before I believe Kevin has a good plan and is working his plan. Thanks for the opportunity to spend some time with the two of you and let me know if you need anything else. Thanks and Stay SAFE !!! On Tue, Sep 1, 2020 at 1:58 PM Kevin Alderman<&&l&UUdn S.va. b >xkrote: Charlie, Wanted to thank you for taking time out of your busy day to meet with me this morning. I appreciate you looking at our operation from a VDOT perspective. Thanks for sharing your thoughts on what you seen here in Shawneeland_ Hope you have a safe and enjoyable trip to Georgia Thursday, Sincerely, Kevin Alderman Frederick County Sanitary District of Shawneeland Manager 540-877-1035Charlie Monroe a =w tEdinburg maRntenanre operations Manager oft*540-, -1822 cell 148 47 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: November 12, 2020 ��GrN Agenda Section: Consent Agenda Title: Road Resolution - Round Hill Crossing — Route 803 Relocation Attachments: BOS11-12-20RoadResolutionRoundHillCrossingRt803Relocation.pdf 48 f ` COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 Memorandum To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator Date: November 4,2020 RE: Round Hill Crossing—Route 803 Relocation The following changes need to be made to the Secondary System of State Highways: Addition Blue section on attached VDOT sketch 0.10 miles State Route Number 803 Blue section on attached VDOT sketch 0.05 miles State Route Number 803 Green section on attached VDOT sketch 0.02 miles State Route Number 818 Yellow section on attached VDOT sketch 0.06 miles State Route Number 818 Realignment-Abandonment Pink section on attached VDOT sketch 0.08 miles State Route 803 Pink section on attached VDOT sketch 0.03 miles State Route 803 Staff is available to answer any questions. MRC/slc 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 49 4�GK C01 w RESOLUTION BY THE w * FREDERICK COUNTY BOARD OF SUPERVISORS GfA §33.2-705 & §33.2-912—Addition to Secondary Route, 13 Discontinuance & Abandonment with Replacement Road The Board of Supervisors of Frederick County, in regular meeting on the 12th day of November 2020,adopted the following: WHEREAS, the project sketch and VDOT Form(s) AM4.3, attached and incorporated herein as part of this resolution,define adjustments required in the secondary system of state highways as a result of construction, and WHEREAS, a portion of Route 803 has been realigned and a new segment constructed to standards equal to the Virginia Department of Transportation's Secondary Street Acceptance Requirements as a requisite for acceptance for maintenance as part of the Secondary System of State Highways; and WHEREAS, the Virginia Department of Transportation has inspected this street and found it to be acceptable for maintenance; and NOW, THEREFORE, BE IT RESOLVED,this Board hereby request the Virginia Department of Transportation to take the necessary action to abandon those segments identified on the attached Form AM4.3 and project sketch as part of the secondary system of state highways, pursuant to§33.2-912, Code of Virginia, and BE IT FURTHER RESOLVED, this Board hereby requests the Virginia Department of Transportation to add and maintain the segments identified on the incorporated Form AM4.3 and project sketch to the secondary system of state highways, pursuant to, §33.2-705, Code of Virginia,and BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Gene E. Fisher Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator 50 In Frederick County 35980578 by Resolution of the goycmiug body adolved November 12,2020 The following VDOT.Form AM-4.3 is hereby attached and incorporated as pail of the governing body's.resolution for changes to the secondary system of state highways. A Copy Testee Signed(County Official}: Report of Changes its the Secondary System of State Highways ProjectlSubdivision: 034 Route 803 Relocation- Round Hill Crossing Addition- developer Relocated VDOT Roadway§33.2-705 ..... .................................... . . . Nurrt ber Route Of Row Number Lan Recordation Width Street Name From Termini To Termini Length es Referents Hound Hilt Road (Blue section on Intersection of attached Stonewall Drive, Route 50 803 sketch) Route 818 West Q.1 2 30 Round Hill Road Intersectio (Blue n with section on Route 818, attached Stonewall 8€13 sketch) Start of Noject Drive 0.05 2 30 Stonewall Drive (Green Route:818, section on Stonewall attached New Route 803. Drive(old 818 sketch) Round Hill Road Route 803) 0.02 . 2 30 Page: 112 51 In Frederick County 3389578 by Resolution of the governing body adopted November 12,201-0 Business ❑ata Change- Num ber Route Of Row Number Lan Recordation Width Street Name From Termini To Termini . Length es Reference Stonewall Drive (Yellow Existing section on Route 803, Route 858, attached Round Hill Drive . Stonewall 818 sketch) Intersection Drive 0,06 2 30 Realignment-Abandonment-Project by VDOT§33.2-992 ............ NUM ber Route Of Row Number Lan Recordation Width Street Name From Termini To Termini Length es Reference Round Hill Road Intersectio (Pink n of Route section on 818, attached Route 803, Stonewall 803 sketch) Round Hili Road Drive 0.08 Round Hill Road (Pink section on attached Route 818, Route 50 803 sketch) Stonewall Drive West U3 Page:_212_ 52 I I , I I ROUTE 803 RELOCATION ' ROUND HILL CROSSING ' , I I I I I I , i I Route 50 West I Cti' I I c� I cbo i Chao Cul-de-sac created ;QRr j for turnaround I 0 M v 0.'10 Mi. I ¢ j o mr ©'"•� I of �q9p� 04f� 4 I � I Qua I 0.02 Mi I Route 818 I I I v- I 0.05 Mi. Fv o� I I i , , I I I Start of Project I I i I f I I I LEGEND Abandonment f ® New Route 803 i ® Relocated Intersection I 0 Remaining Original Pavement I - not to scale- I I I I I I 53 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: November 12, 2020 ��GrN Agenda Section: County Officials Title: Presentation by Keven M. Walker, Shenandoah Valley Battlefields Foundation Chief Executive Officer Attachments: 54 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: November 12, 2020 ��GrN Agenda Section: County Officials Title: Request from the Economic Development Authority to schedule a Joint Meeting with the Board of Supervisors Attachments: BOS 11-12-20EDAJointMeetingRequest2020.pdf 55 t COUNTY of FREDERICK Office of the County Administrator y�gGl\'f Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM To: Frederick County Board of Supervisors From: Ann W. Phillips, Deputy Clerk Date: November 5, 2020 Re: Request for a Joint Meeting with the Economic Development Authority We are in receipt of a request from the Economic Development Authority to hold a joint meeting. Typically, the annual joint meeting occurs in the spring but was not held this year because of the pandemic. In the attached memo, the EDA has asked that the Board offer possible meeting dates and staff is seeking a consensus of the Board for meeting date options. If the joint meeting is scheduled on a regular BOS meeting dates, the options are December 9, January 13 or January 27. A suggested start time is 5:30 p.m. If the Board desires to offer meeting dates other than regular meeting dates, a consensus of those dates would be helpful for staff. 107 North Kent Street•Winchester, Virginia 22601 56 Frederi"' ckVAca ECONOMIC DEVELOPMENT AUTHORITY DATE: October 29, 2020 TO: Jay Tibbs Deputy County Administrator FROM: Patrick Barker, CEcD Executive Director RE: Joint Meeting with Board of Supervisors I Request The 2014 MOU between the EDA and Board of Supervisors calls for an annual joint meeting. This meeting focuses on providing some discussion of the direction of the EDA as well as understanding BOS's expectations for economic development. At the March meeting, a date in late April or early/mid-May was targeted for this meeting, then the COVID-19 pandemic occurred. The EDA Board recommends structuring an agenda for this year's joint meeting to provide an overview of core EDA functions and recent projects, then an update to planned activities from last year. • General overview of EDA's mission • Website upgrade project results • Recent successes • Business targets (who they are and how arrived with update on study) • State of land and building inventory • Talent project results • Update to planned activities from last year At last year's meeting, the following planned activities for the next 12 months were presented and discussed last year. • Activity#1 1 Partner with appropriate local and regional partners to create solutions for current and projected workforce needs. o Completion of the Shenandoah Valley Talent Solutions Strategy o Submission of a GO Virginia per capita grant for implementation of the Shenandoah Valley Talent Solutions Strategy o Assist the Workforce Initiative board with project implementation • Activity#2 1 Continue refinement of the business sites program. o Finalize a Business Ready Sites Loan Program Agreement with one or more of the characterized sites o Complete additional site characterizations should additional sites matching the approved criteria come to market Please advise when appropriate with possible dates for this annual discussion. YOUR MOVE.OUR COMMITMENT. 45 E.Boscawen St.Winchester,VA 22601 0 540-665-0973 0 YesFrederickVA.com 57 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: November 12, 2020 ��GrN Agenda Section: Committee Business Title: Discuss disposition of the old Albin Citizens Convenience Center Attachments: PWComm10-27-20 COMMITTEE REPORT.pdf 58 Tuesday, October 27, 2020 8:00 a.m. Board of Supervisors Meeting Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present:J. Douglas McCarthy; Whitney"Whit" L.Wagner; Harvey E. "Ed" Strawsnyder,Jr.; Gene E. Fisher; and Gary E. Longerbeam Committee Members Absent: Robert W.Wells Staff and others present:Joe C. Wilder, Director of Public Works; Kris Tierney, County Administrator; Erin Swisshelm,Assistant County Attorney; Kevin Alderman, Shawneeland Manager;Jay Tibbs, Deputy County Administrator; Ron Kimble, Landfill Manager; Dale Ballenger, Landfill Operations Manager Attachment 1—Agenda Packet ITEMS REQUIRING ACTION 1- Discuss disposition of the old Albin Citizens Convenience Center. Recently, we opened the new Albin Citizen Convenience Center at the old bus shop property on Indian Hollow Road. The 0.88-acre site where the old site was located is no longer needed by the Public Works Department. After some discussion with the committee members, the best option is to attempt to sell the subject property. We have interest from several people who have approached us about buying the property. Therefore, committee member Ed Strawsnyder made a motion to sell the subject property as is except for removal of equipment. The motion was seconded by committee member Whit Wagner. The motion was unanimously approved by the committee. The motion will be sent to the Board of Supervisors for further consideration. ITEMS FOR INFORMATION ONLY 1-Update on the new Albin Citizens Convenience Center. Recently, we opened the new Albin Citizens Convenience Center located at the old bus shop along Indian Hollow Road. Since its opening, staff has received lots of positive feedback about the new site. We have much larger capacity, more room for traffic to flow, increased access to recycling facilities, etc. The original project budget was $1,600,000.00. Final costs for the project was just over$1,250.00.00. 2-Update on the solid waste survey. See the summary and spreadsheet attached to the agenda packet. 3-Discuss development of a large storage building at the Stephenson Convenience Center. 59 There has been an on-going need to have a large storage building for much of the equipment for our refuse collection staff who manage all of Frederick County's citizen convenience Centers. We would like to construct an approximately 30x60 pre-manufactured metal building on our existing concrete slab at the Stephenson Convenience Center. Currently, we are using multiple small storage buildings to store all the equipment (i.e. mowers, snow blowers, trailers, hand tools, etc.) in these small buildings. We have had some vandalism and thefts of equipment at this site. In the past,we have attempted to find funds to build this storage building but to no avail. We requested to the committee about using some leftover funds from the Albin Convenience Center project. We are anticipating about$80,000 being left over from that project that could be used to fund this storage building project. Previously, the recommendation from the board was that all unspent funds from the Albin Convenience Center project would be returned to the general fund. Therefore, committee member Ed Strawsnyder made a motion to recommend using up to $60,000 from the refuse collection budget line item 10-4203-8900-00 Improvements Other than Buildings to construct a new building. The motion was seconded by Supervisor Gene Fisher. The committee unanimously approved the motion. The recommendation will be forwarded to the Finance Committee for further consideration. Again, no additional funds are needed,just seeking board approval to use the unspent funds to construct the building. 4-Discuss design and improvements at the Gore Convenience Center. Currently, the Gore Convenience Center uses multiple 8-yard cans for disposal and there is no compactor at this site. As part of the CIP,the Gore site improvements have been discussed for several years. We informed the committee that staff will move forward with designing a new site layout that incorporates using a single trash compactor. This will greatly improve capacity at the site and reduce hauling cost with less trips needed to empty the unit. We will include costs for these improvements in the Fiscal Year 2022 budget. 5-Update on Crossover Boulevard. We showed the committee a recent video recorded by aerial drones showing updated progress on the road and bridge construction. 6-Update on the new Environmental Inspector position and fee increase for land disturbance. Recently,we were given the go ahead to advertise and hire a new Environmental Inspector for the Engineering Department. We are currently advertising for the position and hope to have someone on staff by the beginning of December. Also,we enacted the new land disturbance permit fee schedule on October 15Y which will provide additional funding for this new position. 7-Update on landfill projects-new cell development. We updated the committee that we will have base grades completed for the new 10-acre MSW landfill cell, Phase 3, Cell A by the end of 2020. Therefore, we are planning to construct a new landfill liner system for this 10-acre cell during 2021. We also updated the committee that we have recently re-started the Household Hazardous Waste program and e-cycle events. 60 8-Update on the Shawneeland budget and current paving project. Recently,we have completed a tar and chip paving project on approximately 10 miles of roads within Shawneeland. With reduced costs for paving, we saved approximately$80,000.00 in the budget. We also updated the committee on budget preparations for the upcoming Fiscal Year 2022 budget. We are anticipating developing two budget scenarios. One budget with the tar and chip paving program and one without the paving program to save funds in the short term. We also updated the committee that we recently had Charlie Monroe who is the Maintenance Operations Manager for the Edinburg Residency of the Virginia Department of Transportation. We asked VDOT to offer suggestions and look at our operation to ensure we are using the latest recommended methods and keeping cost in check (see attached e-mail). He indicated that staff are doing a good job of maintaining road and recommends we keep doing the same into the future. (Attachment 2) 9-Update on Fiscal Year 2022 budgets. We updated the committee that we have begun the budget preparation process for Fiscal Year 2022. We have scheduled our budget meeting with the Public Works Committee for Tuesday, December 1, 2020. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W.Wells Whitney"Whit" L. Wagner Gene E. Fisher Harvey E. "Ed" Strawsnyder,Jr. Gary E. Longerbeam B �Lx- Y Joe AC. Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Erin Swisshelm, Assistant County Attorney Kevin Alderman, Shawneeland Manager Cheryl Shiffler, Finance Director Ann Phillips, Deputy Clerk to the Board of Supervisors Gloria Puffinburger, Solid Waste Manager Ron Kimble, Landfill Manager file 61 COQ Attachment 1 4 COUNTY of FREDERICK w Department of Public Works 540/665-5643 FAX: 5401678-0682 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder,Director of Public Works SUBJECT: Meeting of October 27,2020 DATE: October 20,2020 There will be a meeting of the Public Works Committee on Tuesday,October 27,2020 at 8:00 a.m.in the Board of Supervisors meeting room located on the first floor of the north end of the County Administration Building at 107 North Kent Street. The agenda thus far is as follows: 1. Update on the new Albin Citizens Convenience Center. (Attachment 1) 2. Discuss disposition of the old Albin Citizens Convenience Center. (Attachment 2) 3. Update on solid waste survey. (Attachment 3) 4. Discuss development of a large storage building at the Stephenson Convenience Center. 5. Discuss design and improvements at Gore Convenience Center. (Attachment 4) 6. Update on Crossover Boulevard. 7. Update on new Environmental Inspector position and fee increase for land disturbance permits. 8. Update on landfill projects-new cell development. 9. Update on Shawneeland budget and current paving project. 10. Discuss upcoming Fiscal Year 2022 budget preparations. 11. Next Public Works Committee Meeting will be Tuesday, December 1, 2020. 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 62 Public Works Committee Meeting Agenda Page 2 October 20,2020 12. Miscellaneous Reports and Documents: a. Tonnage Report: Landfill (Attachment 5) b. Recycling Report (Attachment 6) C. Animal Shelter Dog Report: (Attachment 7) d. Animal Shelter Cat Report (Attachment 8) e. Shawneeland Sanitary District Advisory Committee quarterly meeting minutes (Attachment 9) JCW/kco Attachments: as stated 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 63 CO r COUNTY of FREDERICK Department of Public Works 540/665-5643 i`1738 FAX: 540/678-0682 MEMORANDUM TO: Joe C. Wilder, Director FROM: Gloria Puffinburger, Solid Waste Manager SUBJECT: New Albin Citizens' Convenience Site Citizen Feedback DATE: October 9, 2020 This memorandum is to inform you of the positive feedback we have received from citizens utilizing the new Albin Citizens' Convenience Site, 174 Indian Hollow Road, since its opening on September 24. Initially, citizens are very appreciative that the entire facility is paved, unlike the former site which was not paved around the recycling area. Attendants said the recycling portion of the site will be much easier to manage and keep clean. Other comments included: "Spacious!" "Easy getting in and out, even on a Saturday." "It's really nice!" /gmp cc: file 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 64 Property Map - Frederick County, VA 22 2 gg� 228 I 4A Nry� / { ' 1 r - j, + i 1-4 �4' 1 z c - tom, a = Frederick County Information Technologies w�e 107 N Kent St Winchester,VA 22601 s 540-665-5614 FrederickC ounty does not gi✓e any expressed orimplied-Hes, 0 60 120 240 Feet con drlion representations,indemnities oranykind,statutory,or otherwise,concerning any orallorthe Frederick County GIS data. 1960 6`CJ Date:October 7,2020 VA.SEC.RTE.679-INDIAN HOLLOW ROAD (60-RlW) DB 176 PG 371 S 63°24'12"E 92.19' IRS IRS G 1 1 9 O -0- 0 s� PIN 42-A-184 Z CA PROPERTIES, LLC PIN 42-A-186 0 INST. 140004011 FREDERICK COUNTYV_. PIN 42-A-188 -� WINCHESTER EQUIPMENT W1 SCHOOL BOARD I- COMPANY m' BRYARLY SCHOOL LOT"1� /NST. 010017573 38,242 SQ.FT. 0.8779 ACRES .o .o LEGEND IRF IRON ROD FOUND IRS IRON ROD SET NOTES: 1 1 1. NO TITLE REPORT FURNISHED; THEREFORE EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN HEREON. ' 1 2.THE BOUNDARY INFORMATION SHOWN IS ' 1 BASED ON AN ACTUAL FIELD SURVEY COMPLETED IN FEBRUARY,2019. 3.THIS SURVEY IS FOR THE PURPOSE OF SHOWING THE PERIMETER BOUNDARY LINES. IRF __ IRS OPPOSITE PHYSICAL IMPROVEMENTS ON THIS PARCEL N 62°55'26"W 93.14' SET STONE ARE NOT SHOWN. PIN 42-A-188 BOUNDARY SURVEY TAX MAP PARCEL 42-A-186 - 0.8779 ACRES �PLTH OP STANDING IN THE NAME OF FREDERICK COUNTY SCHOOL BOARD DEED BOOK 98 PAGE 37 v GAINESBORO MAGISTERIAL DISTRICT U FREDERICK COUNTY, VIRGINIA W. Marsh Lic. No.001843 DATE:05/01/2019 SCALE:V=50' SHEET 1 OF 1 ANo SURVEyO Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET—WINCHESTER,VIRGINIA 22601 DRAWN BY: CAJ PHONE(540)667-0468 - FAX(540)667-0469 - EMAIL office@marshandlegge.com DWG NAME: ID10709-BS 66 COUNTY of FREDERICK w � Department of Public Works 5401665-5643 ��gs;rrrr FAX: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Gloria M. Puffinburger Solid Waste Manager RE: FY 20/21 Site Usage Survey Results DATE: October 7, 2020 As previously noted, circumstances surrounding the pandemic and the greater number of individuals spending time at home has resulted in an increase in residential refuse of about 11 percent. During August, an annual traffic count at the neighborhood citizens convenience sites showed an overall 8 percent increase over August 2019, totaling an average of 81,020 users per month or 972,240 users annually at the ten facilities. The Greenwood Road location showed the largest increase in traffic. A total of 16,321 vehicle trips were made to the facility, an increase of 21 percent. The site averages 604 vehicle trips per day. The Albin site served 14,114 during August(average of 522 vehicle trips per day) and Stephenson, 12,167 per month or an average of 450 vehicle trips per day. Due to recently completed relocation and expansion, the Albin facility now offers two compactors for refuse, as does the Stephenson facility. For a summary of usage at the county's convenience sites since 2009,please refer to the attached chart. /gmp 67 2020 USAGE SURVEY; CITIZENS' CONVENIENCE SITES Location 2020 Daily Peak Sun 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Avg Day Avg Change (5 hr) Greenwood+ 16,321 604 864 750 12,584 13,128 14,186 12,817 14,772 12,183 12,944 13,586 13,655 14,222 13,459 +21%.. Bryarly+ 14,114 522 768 564 10,170 10,752 13,343 14,364 15,736 15,325 16,096 16,270 17,006 13,286 15,552 -9% Middletown 7465 276 344 259 9419 9492 10,266 8997 8753 8818 9419 8954 7394 7091 7170 +4% Stephenson 12,167 450 530 435 8288 9302 9260 8952 9611 9820 10,637 10,246 10,540 9598 10,727 +13% DTG 8654 321 305 322 6181 6283 5770 6440 7518 7001 7578 7685 7556 7950 7793 +11% Shawneeland 7214 267 324 248 5068 5104 4638 5100 5207 4616 5595 6042 6025 6577 6771 +6% Back Creek 5552 205 234 200 4805 5317 4916 4937 5032 4674 4923 4899 4811 4987 5162 +8% Round Hill 4903 181 210 174 3359 3332 3622 3700 4131 3807 3988 4074 4151 4409 +11% 4256 Gore 3785 140 183 113 2603 2849 2736 2932 3310 3118 3212 3140 3056 3361 3544 +7% Star 845 38 55 45 651 644 589 562 630 619 632 584 653 654 661 +28% Tannery* AUG 81,020 63,128 66,203 69,326 68,801 74,700 69,981 75,024 75,480 74,857 75,993 75,993 TOTAL: YRAVG: 972,240 757,536 794,436 831,912 825,612 896,400 839,772 900,288 905,760 898,164 911,916 902,976 +8% survey conducted 8/2020;+mechanical count *closed two days/wk,open 31 hrs/wk 68 Property Map - Frederick County, VA .w t V 4.4 r x � 1 y a 17 M1 4 Frederick County Information Technologies N 107 N Kent St Winchester,VA 22601 w+1 540-6655614 s Frederick County doesnot giveany expressed orirrphed warrenties, 0 25 50 100 Feet conditions,representations,ndemnitiesofanykind,statutory,or L otherwise,conceming any or all of the Frederick County GIS data. 1600 69 Date:October 19,2020 COC' 4 COUNTY of FREDERICK w Department of Public Works 540/665-5643 177]838 FAX: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder,Director of Public Works SUBJECT: Monthly Tonnage Report-Fiscal Year 19/20 DATE: October 9,2020 The following table shows the tonnage for the months of July 2020 through June 2021. The average monthly tonnage for fiscal years 03/04 through 20/21 are also listed below: 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: 14,507 TONS(UP 523 TONS) FY 17-18: AVERAGE PER MONTH: 15,745 TONS(UP 1,238 TONS) FY 18-19: AVERAGE PER MONTH: 16,594 TONS(UP 849 TONS) FY 19-20: AVERAGE PER MONTH: 16,973 TONS(UP 379 TONS) FY 20-21: AVERAGE PER MONTH:16,994 TONS(UP 29 TONS) MONTH FY 2018-2019 FY 2019-2020 FY 2020-2021 JULY 17,704 17,956 17,677 AUGUST 18,543 17,267 16,517 SEPTEMBER 14,799 17,985 16,789 OCTOBER 18,158 22,528 NOVEMBER 15,404 17,304 DECEMBER 14,426 14,362 JANUARY 13,973 14,913 FEBRUARY 12,764 13,380 MARCH 17,079 15,533 APRIL 20,313 17,475 MAY 19,443 17,010 JUNE 16,519 17,968 JC W/gmp 70 ti 00 0 0 0 0 0 0 0 0 0 0 0 00 M ti O V (0 O ti (O — ti 00 ti V O CO O N O LO O 00 (O (O O O 00 ti (O 00 — M (O — (O M ti M N ti M O O A M M (O O V V O N M N (O r-- a)- O O (0 (O V N (O M N M O (O — (O O V O O M Lf) N — M M V 00 V V O O J � ; 00 00 (O ti ti Lf) N O N N (O ti (O 00 V O 00 N Lf) O O O M O V V Lf) QILf) (O M 00 ti O V Lf) ti M N O N V (O N O O M O O 00 M (O ti O V O V Lf) Lf) Lf) (O N N N N (O O O ti (O V M O M O 00 (O (O N V M O V M M O 0 — (O (O (O (O (O (O Lf) Lf) Lf) Lf) Lf) V Lf) M N N N N N N N N N N N ti H 00 00 O O 00 O ti O V O LO 00 00 ti 00 0 0 0 0 0 0 0 0 0 0 ti V V Lf) O Lf) O V V N N CO ti O O L(7 00 ti N 00 CO 00 V N 00 N V ti O N V 00 ti N M ti N O O M 00 O N O N (O (O 00 ti a M Lf) 1l- N O M V ti (O O O N O M ti N O V Lf) (O M M V M V 00 (O 00 V O O ti 00 ti O M N M N V O r— Lf) O N CO ti Lf) V V CO N N N 00 N O 00 O CO 00 O M V N CO O Lf) N CO O U M N N N N r I- r O O O O O O O O co O O O O O O O V O ti 0 0 - V V O V O N N O O 00 00 00 O N 00 (O ti (O O P V (O CO V 00 N O ti V LO V N Lf) (O (O O O ti Lf) V ti 00 00 O O UI 00 O O ti (O Lf) O N - N V 1- Lf) V 00 N M (O N V Lf) W N Lf) ti O (O CO O 00 CO O M (O M O O M M I-- Lf) (O Lf) N J M V Lf) V V Lf) O Lf) V V V V V M M N N W cp N O O O O O V O O O O O O O O O O O O O O X V (O V V O O (O N N V O O N O (O 00 V N W N Lf) 00 (C N N 00 V 00 ti O ti ti Lf) > _ M V N O Lf) M ti ti M M ti O ti 00 N LL Lf) 00 CO CO V V CO CO CO V N N CO W r O a Wry O O O O O N I` CO CO O O ti CO O ti N O N (O O 00 CO CO 00 Lf) O 00 O Lf) � (O Lf) O N O Ur N (O O L(! 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M Lf) M Lf) V ti QI I � ti CO N O M Lf) M N N M Lf) N O O O O O M M 00 00 CO V Lf) V Lf) V CO V V V V N N N LV I O O O O O CO O Lf) O CO O 00 O N (O 00 O O V (O O O O O Lf) O Lf) (O 00 (O 00 00 N Lf) (O 00 CO O O O CO N Lf) CO N N N N Lf) I` V — (0 O O M r- M 00 V rl 00 O O V M ti O M M V M O N ti O N N ti O Lf) N V V (O JI N 00 M V V O L(') O w I-- ti O 00 00 O N V O O M V (O M I� V (O I` O N N N ti Lf) M (O M N O O ti ti N 00 O O O ti V M O ti M M (O O V V V V V V V V M M M M N N — — — — — — — — — N O a (o (D 0 0 0 0 0 0 0 0 0 0 Lf) — O N V I` � (O ti O Lf) I` N V (0 M O V O M M M M I` M (0 (0 N O N M V O O O ti N (O Lf) (O � Lf) M (C 00 O V M Lf) 00 (O N (O V N O 00 "Oil N M Lf) V M L(') M M N V O M M M O (O N N Lf) M 1-- cn f-- O O (O V N (O O O Lf) V V Lf) M N O M I` V JQ M O 00 O O M O f-- f-- (O Lf) Lf) Lf) V V V V V V M Lf) N U � O 01 00 h (D LA M N 0 0 00 2 J N — — — — — — — - — — O O h (D Ln M N 0 01 O ti co W Z J C7 d H > U z 00 0' W } z Q o 0 0 0 0 0 0 o rn 0 0 0 � M M 1� W M -e M N — O 0 00 1� W U O W Q W Q d Q 0 — — — — — — — — — — 0 0 0 (D LA M N O 01 ao 1� (D Ln Q � � Q (n O z 0 � Ii � Q � � O 0 0 0 0 0 0 o c� c� rn rn rn 0 ~ I}i I}i IUi IUi IUi IUi I}i IUi I}i IUi IUi IUi Iii O FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2020-2021 DOG REPORT ON HAND AT RECEIVED BROUGHT IN BITE BORN AT DIED AT ESCAPED/ CARRIED OVER MONTH FIRST OF MONTH AT KENNEL BY ACO CASES KENNEL ADOPTED RECLAIMED DISPOSED KENNEL STOLEN NEXT MONTH JULY 23 20 33 2 0 17 22 5 0 0 34 AUG 34 6 22 3 0 19 17 3 0 0 26 SEP 26 3 23 0 0 11 20 1 0 0 20 OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL 83 29 78 5 0 47 59 9 0 0 80 In the month of September-52 dogs in and out of kennel. 3 dogs transferred to other agencies. 72 FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2020-2021 CAT REPORT ON HAND AT RECEIVED BROUGHT IN BITE BORN AT DIED AT ESCAPED/ CARRIED TO MONTH FIRST OF MONTH AT KENNEL BY ACO CASES KENNEL ADOPTED RECLAIMED DISPOSED KENNEL STOLEN NEXT MONTH JULY 30 54 8 1 0 43 1 3 0 0 46 AUG 46 38 5 2 0 32 1 1 0 0 57 SEP 57 52 11 5 5 45 3 2 1 0 79 OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL 133 144 24 8 5 120 5 6 1 0 182 In the month of September-52 cats in and out of shelter. 18 cats transferred to other agencies. 73 Shawneeland Sanitary District Advisory Committee-Minutes of August 3,2020 The meeting was called to order at 7:OOpm. Those in attendance were Jimmy Smith,Jeff Stevens, Jason Croasdale, Ken Baker, Kevin Alderman, Director of Public Works Joe Wilder, and Supervisor Shawn Graber. Barry Van Meter and Michelle Springer was absent. Due to the Coronavirus pandemic social distancing guidelines, residents were unable to sit in on the meeting but could wait outside till their turn to enter the building and speak on their concerns. There were 2 residents and Supervisor Shawn Graber who spoke at the meeting. Jimmy called for approval/correction of the February 3, 2020 and May 18, 2020 meeting minutes. The minutes passed unanimously. Manager's Report: See Attached Manager's Report and Parking Policy. New Business: Budget Meeting for Fiscal Year 2021-2022 will be November 16, 2020. • There will not be a meeting on November 2, 2020.The meeting on November 16, 2020 will serve as the November quarterly meeting.This meeting will be used to discuss the upcoming budget before it goes to the Public Works Committee in December. "Did You Know" Posting: • Jimmy is proposing to do a posting once a month with questions and answers that citizens may have.These would be posted at both mailhouses and on the Facebook page. Lake Cherokee Beach: • There have been complaints about there not being lifeguards or security on the beach. It was corrected that Shawneeland did not have lifeguards but did have beach security. Kevin recommended to add $15,000-$18,000 to the next budget cycle if the committee would like to have beach security.This will be something we can discuss at the budget meeting. SSDAC Facebook Page: • This was the 15Y meeting live on Facebook.The meeting video is posted on the Facebook page named Shawneeland SSDAC committee. We are going to use our Facebook page to put out information. Everything will be linked to the Frederick County, VA website where the original information is. If there are comments or questions, we will answer them, but we will not go back and forth on Facebook.There was a suggestion to not allow comments therefore there would not be side conversations or individuals only conversating with 1 committee member. Open House: 74 • We are looking at holding an open house on a Saturday in October.This will depend on the current pandemic and what the guidelines are in the future. We could invite the Frederick County Sheriff's Office, North Mountain Fire Department, and the contractor for the Tar&Chip project to come and answer questions.This would allow for residents to see the normal everyday going on of the staff in Shawneeland. CCAP: • The mobile ministry contacted the SSDAC at the request of Shawneeland residents to set-up in Shawneeland and disperse food to those in need. You did not have to be a CCAP client to receive the food.They were able to help 49 families within the community. The SSDAC is going to get more information about CCAP and their mission. If there are future giveaways in Shawneeland the date and time will be posted. Public Comments: Supervisor Shawn Graber: • He spoke on a concern that he has heard from residents that the budget is brought forth by the Manager of Shawneeland and not the SSDAC.The concerned residents would like to see the SSDAC bring forth a budget that represents the community. This would allow for the SSDAC and the Manager to come together and reconcile a budget that works for the community. • Would like to see the SSDAC work to get some ordinances passed to be enforceable by the county.This would be beneficial to all Sanitary District's. Lynn Schmitt: • Wanted to be clear and upfront that she is not saying that the maintenance crew does not work hard or do a great job. • Has questions regarding the Tar& Chip and Grader Patching. She has contacted several companies and explained to them our process. Their process is different. When we grader patch a large area,we are counteracting ourselves because the Tar&Chip is not going to stick. Therefore, we must do it so often. Kevin responded by saying in his experience of 30 years it has been done by putting asphalt down, grader patch, and then tar& chip over it.The Tar& Chip seals the road. VDOT does the same process that we are doing. • The dusting of the roads is unsafe for motorcycles.The response is that whether it be a motorcycle or a vehicle if they travel at the posted 25 mph speed limit then there would be no issues. • Another issue that causes confusion with the community is that Frederick County equipment is not supposed to be on private property, but I have received photos and videos of equipment parked on private property. George Bishop: • The burned-out home at 504 Shawnee Trail has been abandoned since last year. What can be done and what will be done regarding 75 this issue? What would be the timeline that the structure would be demolished or restored? • Non-Property owners on Shawnee Trail are speeding, some in excess of 50 mph. Many vehicles disregard the 3-way stop sign at the intersection of Shawnee Trail with Tecumseh and Bowman. He has personally witnessed 22 vehicles mow through that intersection without tapping the breaks. Would like to see the committee contact the Frederick County Sheriff's Office to have the area patrolled, enforce the speed limit, and issue citations. • The owners of the 30 acres behind his house have put up a tree stand about 30 feet from his property line. He would like to have the committee look at it and to know what can or cannot be done.There is a big no hunting sign in Shawneeland. • The condition of the beach and the lake. There is a no swimming sign posted at the boat ramp, but people still swim there. 1 of the reasons being that people bring their dogs to the beach area and don't clean up after them. Would like the committee to address this issue with some type of enforcement to the dog owners. Committee Comments: Jeff Stevens:Wanted to discuss the budget with Kevin. Would like to see Kevin save Shawneeland money by doing more work themselves. If short-staffed,you could hire someone from a temporary agency instead of hiring a person part-time or full-time. It was asked if we are short-staffed due to someone out on vacation and the answer was no.We need to keep our budget under the revenue that we bring in. He would like to come in and go over the budget with Kevin line by line. Jason Croasdale: He is discouraged by only having 3 weeks for the committee to have input on the budget before it moves on to the Public Works Committee.Joe answered by saying the Board of Supervisors and the Finance Department sets the budget guidelines and calendar.We have no control over the process.This is not just for Shawneeland, all Frederick County departments have the same timeline. Are you going to fill the position?We may not fill the position.The direction that we received from the Board of Supervisors is that it will be at our discretion to fill the position. Joe Wilder, Director of Public Works spoke on the budget process and how Kevin cannot meet with more than 1 person at a time to discuss the budget. If he meets with more then 1 person, it then must become a public meeting.We are going to do the best we can to communicate with all of you and the citizens. As soon as we receive the FY20 year-end numbers we will send them to the SSDAC, and it will be posted. Jimmy adjourned the meeting. 76 Attachment 2 From: MonCge.Charlie To: Jo Wilder Ce: Kevin Alderman;Edwin Caster Subject: "[Extemaq"Re:Meeting Date.- Wednesday,September 09,2020 11:47:58 AM TMr. Wilder, I hope all is well . It was nice to get to spend some time with you and Kevin last week. After speaking with the two of you Kevin and I traveled over a good many of the roads in Shawnee Land. In talking with Kevin in my opinion he has a good plan in.place for the continued maintenance of the roadway infrastructure in Shawnee Land. Kevin is addressing everything we try to address in our roadway maintenance(drainage, leveling sealing, and vegetation control)which all have a negative impact to the roadway if they are not continually part of the plan. All though a road looks fine and rides fine these items need to be addressed each year in a cyclical fashion to stay in front of future roadway failures. As I stated before I believe Kevin has a good plan and is working his plan. Thanks for the opportunity to spend some time with the two of you and let me know if you need anything else. Thanks and Stay SAFE !!! On Tue, Sep 1, 2020 at 1:58 PM Kevin Alderman<&&l&UUdn S.va. b >xkrote: Charlie, Wanted to thank you for taking time out of your busy day to meet with me this morning. I appreciate you looking at our operation from a VDOT perspective. Thanks for sharing your thoughts on what you seen here in Shawneeland_ Hope you have a safe and enjoyable trip to Georgia Thursday, Sincerely, Kevin Alderman Frederick County Sanitary District of Shawneeland Manager 540-877-1035Charlie Monroe a =w tEdinburg maRntenanre operations Manager oft*540-, -1822 cell 148 77 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: November 12, 2020 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: 2035 Comprehensive Plan Amendment, Northeastern Land Use Plan (NELUP) — Sewer and Water Service Area (SWSA) Boundary Limit Adjustments for Two Additional Areas with Existing Industrial Land Use Designations. Proposed Revisions to the NELUP to Adjust the Boundary of the SWSA. This Boundary Adjustment Proposes to Add Approximately 308-Acres to the Sewer and Water Service Area (SWSA) in Two Areas within the Limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. One Area is Located West of 1-81 and is Adjacent to the VDOT Rest Area. The Second Area is Located West of 1-81, North of Cedar Hill Road. These Areas are Located within the Stonewall Magisterial District. Attachments: BOS11-12-20NELUP_SWSA Additions.pdf 78 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 "S Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director RE: Public Hearing—Northeast Frederick Land Use Plan (NELUP) Sewer and Water Service Area (SWSA)Adjustments—Additional Areas DATE: November 5, 2020 At the Board of Supervisors meeting on October 14, 2020,the Northeast Land Use Plan (NELUP) Sewer and Water Service Area (SWSA) boundary adjustments were discussed. At that meeting, the Board directed that two areas which were not previously identified for inclusion in the SWSA boundary,be added and sent forward for public hearing. The first area is located west of Interstate 81 and is adjacent to the VDOT rest area and the second area is located west of I-81,north of Cedar Hill Road. Both areas are shown with a future industrial land use designation by the NELUP. These additions would increase the SWSA boundary by approximately 308-acres. The addition of these two areas was previously discussed as part of the overall adjustments to the boundary of the SWSA for the NELUP by the Comprehensive Plans and Programs Committee (CPPC) on September 12, 2020 and the Planning Commission on October 7, 2020. The Board of Supervisors ultimately directed these areas to be scheduled for public hearing as part of the overall SWSA boundary adjustment. As the legal advertisement for NELUP SWSA boundary adjustment was published prior to the October 14,2020 meeting, it did not account for these two areas and the additional acreage;therefore,this 308-acre SWSA expansion is following a separate public hearing schedule. The first portion of the SWSA adjustment was approved on October 29, 2020. The Planning Commission held a public hearing for the inclusion of these two areas on November 4, 2020 and recommended approval. Staff Conclusion: This proposed expansion of the SWSA for 308-acres is presented to the Board of Supervisors for public hearing. Staff is seeking a decision from the Board of Supervisors on this proposed expansion. Please find attached a map that identifies the current SWSA and the two additional areas proposed for inclusion and a resolution. CEP/pd 79 Northeast Frederick Land Use Plan - SWSA Boundary Adjustments 1 BERKELEY COUNTY WEST VIRGINIA l .e � v l �t 0ilr ` e 1 S / �� �►��j C>AreaPlans C/... " n—,cmMnitt �Parcels Urban Development Area 11 f Q Existing SWSA j O Proposed SWSA s 11�,i Future Route 37 Bypass Long Range Land Use Business F Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial OExtractive Mining Rural Community Center r , Fire&Rescue Sensitive Natural Areas Institutional 9 j Planned Unit Development — Park CLARKE COUNTY / VIRGINIA 0 0.25 0.5 1 Miles Map Produced by Frederick County Planning and Development Dept. November 4,2020 4�GK CO�� w RESOLUTION w � y�aGfhi 1739 Action: PLANNING COMMISSION: November 4, 2020 BOARD OF SUPERVISORS: November 12, 2020 RESOLUTION RESOLUTION TO APPROVE SEWER AND WATER SERVICE AREA (SWSA) BOUNDARY ADJUSTMENTS FOR THE NORTHEAST FREDERICK LAND USE PLAN (NELUP) OF THE 2035 COMREHENSIVE PLAN (EXPANSIONS AND REDUCTIONS) AND ADOPTION OF TEXT FOR APPENDIX I FOR THE NORTHEAST FREDERICK LAND USE PLAN (NELUP) WHEREAS, The 2035 Comprehensive Plan, The Plan, was adopted by the Board of Supervisors on January 25, 2017; and WHEREAS, this amendment would result in boundary adjustments for two areas of the Sewer and Water Service Area (SWSA) of the Northeast Land Use Plan (NELUP), resulting in an increase of the SWSA by 308-acres. The first area is located west of Interstate 81 and is adjacent to the VDOT rest area and the second area is located west of I-81, north of Cedar Hill Road. Both areas are shown with a future industrial land use designation by the NELUP; and WHEREAS, The Board of Supervisors discussed this item at their October 14, 2020 meeting and sent these two areas proposed for inclusion in the SWSA boundary, totaling 308-acres,forward for public hearing; and WHEREAS, The Planning Commission held a public hearing for this item at their November 4, 2020 meeting and recommended approval; and WHEREAS, The Frederick County Board of Supervisors held a public hearing for this item at their regular meeting on November 12, 2020; and WHEREAS, The Frederick County Board of Supervisors rinds the approval of boundary adjustments to the Sewer and Water Service Area (SWSA) of the Northeast Land Use Plan (NELUP) of the 2035 Comprehensive Plan, to include 308-acres into the SWSA boundary for two areas, to be in the best interest of the public health, safety, welfare and future of Frederick County, and in good planning practice; and NOW,THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors, that the Sewer and Water Service Area(SWSA) boundary of the Northeast Land Use Plan (NELUP) of the 2035 Comprehensive Plan, be expanded to include 308-acres for two PDRes#48-20 81 areas; the first area is located west of Interstate 81 and is adjacent to the VDOT rest area and the second area is located west of I-81, north of Cedar Hill Road. Both areas are shown with a future industrial land use designation. Passed this 12th day of November 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gene E. Fisher J. Douglas McCarthy Judith McCann-Slaughter Robert W. Wells Blaine P. Dunn Shawn L. Graber A COPY ATTEST Kris C. Tierney, Frederick County Administrator PDRes 948-20 82 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: November 12, 2020 ��Gt• Agenda Section: Planning Commission Business - Other Planning Business Title: Rezoning #06-19, Winchester Medical Center Attachments: BOS 11-12-20REZ06-19WMC.pdf BOS 11-12-20REZ06-19ApplicantSubmission5Nov2020.pdf 83 41�K -t cod REZONING APPLICATION #06-19 WINCHESTER MEDICAL CENTER,INC. w Staff Report for the Board of Supervisors w " © Prepared: November 5,2020 �aG1N Staff Contact: Candice Perkins, AICP, Assistant Director ]738 Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/11/20 Denied Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Postponed Board of Supervisors: 11/12/20 Pending PROPOSAL: This is a proposed proffer amendment for revisions to the approved Generalized Development Plan(GDP)and text associated with Rezoning 902-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. The Owner did not incorporate the proffered roundabout in their design and therefore internal road system was constructed without this feature. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 11/12/20 BOARD OF SUPERVISORS MEETING: At the Board of Supervisors meeting on March 11,2020, Rezoning#06-19 was denied. The Board of Supervisors then rescinded this denial on April 8,2020 to enable the application to be reconsidered at a future meeting. Following the April 8, 2020 meeting,the Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration. This revised April proffer statement(see proffer 8)and the proffered GPD(dated October 19,2019, revised April 9,2020)both contain the following text: "Entrance to Botanical Blvd Entrance to residential use areas shall be granted by Winchester Medical Center after future rezoning petition, transportation impact analysis and proffers for these areas are approved by VDOT and Frederick County". The text of the proffers dated April 17,2020 is virtually the same as the aplication that was originally postponed at the Board of Supervisors meeting on January 8,2020. Following the January 8t'meeting, the Applicant had removed all references on the GDP for access for the adjacent property to Botanical Boulevard,and the application was ultimately denied in March,then the denial was rescinded in April. The revised April 2020 proffer only adds back the notes originally shown in the application first reviewed in January. 84 Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. November 5, 2020 Page 2 Staff would also highlight that the properties referenced in this proffer to be granted access to Botanical Blvd. are no longer residential, as they were rezoned to the B2 District with Rezoning #08-08 for Botanical Square,an impact analysis and proffer were created which were approved by both VDOT and Frederick County. It is unclear why the note remains unchanged as these items listed have already been completed and the application amended to incorporate the access to the adjoining properties. This rezoning was postponed at the Board of Supervisors meeting on September 23,2020 to provide the Applicant with additional time. The application remains unchanged to date. Application History: • The Planning Commission recommended approval of the application at their December 18, 2019 meeting. • The Board of Supervisors discussed this item on January 8, 2020. At this meeting, questions arose about Botanical Boulevard and access by adjoining properties that were shown on the approved MDP for this development. The Board postponed action on the amendment until the January 22,2020 meeting to allow the Applicant to provide clarification on access to Botanical Boulevard by adjoining properties. o Following the January 8th meeting,the Applicant removed all references on the GDP for access for the adjacent property to Botanical Boulevard. • The Board of Supervisors at their January 22nd meeting postponed the application to the February 26th meeting. • The Board of Supervisors at their February 26th meeting postponed the application to the March 1 lth meeting. • The Board of Supervisors denied the rezoning at the March 11, 2020 meeting. • The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning application would be reconsidered at a future meeting. • Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration. o The text of the proffers dated April 17, 2020 remains fundamentally unchanged from the original application the Board of Supervisors postponed on January 8, 2020. The April proffer statement(see proffer 8)and the proffered GPD(dated October 19,2019, revised April 9, 2020)both contain the following text 'Entrance to Botanical Blvd— Entrance to residential use areas shall begranted by Winchester Medical Center after future rezoning petition, transportation impact analysis and proffers for these areas are approved by VDOT and Frederick County': The revised April proffer only adds back the original notes. o The properties referenced in this note are no longer residential use areas as they were rezoned with Rezoning#08-08 (Botanical Square), an impact analysis and proffer were created which were approved by both VDOT and Frederick County. It is unclear why the note remains unchanged as these items listed have already been completed. Foloowinz the public meeting, a decision rezonin,-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. 85 Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. November 5, 2020 Page 3 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: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/11/20 Denied Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Postponed Board of Supervisors: 11/12/20 Pending PROPOSAL: This is a proposed proffer amendment for revisions to the approved Generalized Development Plan(GDP)and text associated with Rezoning#02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. The Owner did not incorporate the proffered roundabout in their design and therefore internal road system was constructed without this feature. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING: B2 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: B2 (General Business) Use: Commercial East: N/A Interstate Use: Route 37 West: RA (Rural Areas) Use: Agricultural, Residential B2 (General Business) Vacant 86 Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. November 5, 2020 Page 4 REVIEW EVALUATIONS: Virginia Dept.of Transportation: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus-Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded of the gated-access limitation envisioned as part of the Commonwealth Transportation Board (CTB) approval. This could be accomplished by amending the Street Improvements section of the proffers as follows: "The Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's"Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17,2009,and according to uniform standards..."We also suggest including a copy of the Resolution of the CTB (attached)be included as an appendix to the proffer. Staff Note: Per VDOT's comment, the Applicant has referenced the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009 in the updated proffer statement. County of Frederick Attorney: Proffer appears acceptable. Planning & Zoning: 1) Site History The subject property was rezoned from the RA (Rural Areas) District to the B2 (General Business)District and the MS (Medical Support)District with the approval of Rezoning#02- 03. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development,preservation,public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans,Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. 87 Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. November 5, 2020 Page 5 Land Use The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning#02-03 for 37.5424+/-acres zoned B2(General Business)District and 51.8675+/-acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. Commissioner Morrison requested clarification on the original proffer and the traffic circle off of Route 37 for the Medical Center and if it would be opened up for general traffic to improve Route 50. Staff stated that there were limitations placed on this access by the Commonwealth Transportation Board for this access break and the Medical Center is limited in the number of trips that can access the property via this interchange. The Applicant further clarified that this access will be controlled via a gate and that they were not changing any proffer other than the GDP. This item was a minor proffer amendment and therefore no public hearing was required. A motion was made, seconded and unanimously passed to recommend approval of Rezoning#06-19 for Winchester Medical Center. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/08/20 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning#02-03 for 37.5424+/-acres zoned B2(General Business)District and 51.8675+/-acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. The Board of Supervisors requested clarification on the changes to the internal streets and clarification that trips from any adjacent properties would not count toward the 14,000-trip cap on the subject property. Staff provided an overview that the original plan did not show the Route 37 access and the updated GDP shows that along with the removal of the roundabout. The Board also requested clarification on the access from Botanical Boulevard to the adjacent properties and whether itis planned to be sold to the property owners or granted at no cost. The Board of Supervisors ultimately postponed the item until the January 22,2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/22/20 MEETING: Postponed to the February 26, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 02/26/20 MEETING: Postponed to the March 11, 2020 Board of Supervisors meeting. 88 Rezoning 406-19 WINCHESTER MEDICAL CENTER, INC. November 5, 2020 Page 6 BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 03/11/20 MEETING: The Board of Supervisors denied the rezoning application at the March 11, 2020 meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 04/08/20 MEETING: The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning application would be reconsidered at a future meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 09/23/20 MEETING: Postponed to the November 12, 2020 Board of Supervisors meeting. Followinz the public meetin-, a decision rezardin'-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. 89 REZ # 06 - 19: Winchester Medical Center, Inc. PIN: 53 - A - 68 Rezoning from B2 to MS Zoning Map { @MX9 f RE Z#06-19 37 1. az can yosp/r q l,p� WINCHESTER MEDICALIrCENTER Subdivision O� 2 Winchester v �IMART OR ryryryryyyyy�y�/�;�,,yy�� {1�Nr.'J a.0 s UL�7.L1L�L7J'•.`c c j m m = O W 3 0• 1_L7AA7 ■—- - _ ®, pN.HERSi Si NORiHWESiERN�— q�PIKE �I QQ MARGARET LN. 11 Q Q a I •• _ - y v VqO � SIONEWgLL ORi Winchester � � � `�• � — � Round'Hill� 2 Application ° ' o MILLER STECK' Parcels B2(General Business District) N MS(Medical Support District) RP(Residential Performance District) 7 �� WE 1 S t Frederick County Planning&Development tr _ 107 N Kent St Winchester,VA 22601 540-665-5651 90 0 455 910 1,820 Feet Map Created:October 29,2019 REZ # 06 - 19: Winchester Medical Center, Inc. PIN: 53 - A - 68 Rezoning from B2 to MS Location Map LQwT9 3 �pRO�Gt SAGS go r JO _ Gp�e�S x , ?EZ 19 37 Npsp - �rql RID WINCHESTER MEDICAL CENTER �� Subdivision Q, I .• m Z WA141 � y`' Winchester J q e / ° O RT pR � (]�A U C o I CRo M[[Q [[S O W i W3 oL rrr� - ■-- ®1 pPAHERSi Si NORTHWESTERN AMMMMM- T PIKE MARGARET LN. - Yv � O Oe a I o• _ y v VqO � STONEWALLLIR —J O 3 � Winchester p' Lti,GCJ �L'Ji1.7�.. • � � a Round'Hi� ? / �� ' °� R • tV� 37 L �� • • o` x 4 I E R MILLER 5��' Y m I STECK t N Application C � Parcels WE 1 S t Frederick County Planning&Development tr _ 107 N Kent St Winchester,VA 22601 540-665-5651 91 0 455 910 1,820 Feet Map Created:October 29,2019 REZ # 06 - 19: Winchester Medical Center, Inc. PIN: 53 - A - 68 Rezoning from B2 to MS Long Range Land Use Map QSM= - ^d •` -AO Application ` . + Parcels \ REZ#06-19 Long Range Land Use N Residential of�p Neighborhood Village ® Urban Center ` Mobile Home Community WINCHESTER 37 ll� Business MEDICALrCENTERt _ Ft ® Highway Commercial SUbdIVIS.__IOtI v Mixed-Use ® Mixed Use Commercial/Office \ =� ® Mixed Use Industrial/Office \ - Industrial ® Warehouse a WlnChesfer Heavy Industrial a �� Extractive Mining a W`o Commercial Rec Rural Community Center mARRo Fire&Rescue � o - Sensitive Natural Areas ® Institutional ;I� _ 50 µeEesisi - Planned Unit Development Park �- MARGARETLN Recreation O Schoole Employment Airport Support Area OB2/B3 �3 o ry'3•rcr v Wo QResidential,4 u/a 7 0• ���� oe Winchester Qo• Round HIII 2 High-Density Residential,6 u/a , W 7`�� o Q High-Density Residential,12-16 u/a I,' e . 0 37{,p z o r � QRural Area Interstate Buffer Landfill Support Area N Natural Resources&Recreation QEnvironmental&Recreational Resources 7 W_*E 1 S t Frederick County Planning&Development tr _ 107 N Kent St Winchester,VA 22601 540-665-5651 92 0 450 900 1,800 Feet Map Created:October 29,2019 o cn REZONING REQUESTPROFFER Property Uden Number 53- � Revised 01-14~20 WINCHESTER MEDICAL CENTER "'West Campus" Preliminary Matters Pursuant to Section 15.2-2296et.seqi, of the code of Virginia, 1950l as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning,the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning ofDD.1212acres, out nfaparcel total ofB9.51OO acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except tmthe extent that such terms and conditions may besubsequently amended orrevised bythe Owner and such beapproved bytheFrederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and theme proffers shall be deemed withdrawn and of no effect whatsoever. Theme proffers shall bebinding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development,dated 10-18-19 and revised 04-09-20,which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads onthe subject property consistent with the County's adopted Round Hill Land Use Plan for the area, , and requirements as consistent with the Commonwealth Transportation Board's "Right mfWay and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan ofDevelopment which is attached hereto and incorporated herein by reference. 2. On U.S. Route 50 at the intersection ofRoute 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. C)nU.S.Route 5O,anacce|eration/deoe|eration lane will be added across the entire U.5.Route SOfrontage ofthe site, and the only exit on U.S. Route 5Owill be located atthe Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection,traffic leaving the site will be provided two left turn lanes, (on left turn with through movement)and one right turn lane. (#]) 4. Lanes will beadded tothe VARoute]7 exit ramps toallow dedicated right and left turn lanes co - At U.S. Route 50/V8 Route 37 eastern signal, Northbound left turn —2OO feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. - At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition toprovide full 2 lanes a1intersection. S. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the USRoute 5O/VARoute 37eastern signal. (#6) 7. Amajor coUeotorrood, 180Ofeetin |engthand5 |anesvxide,vvith8Ofeetrightofvvay. (#7) Transportation items 1through 6shaU be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance ofthe first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval bvthe County. The actual trip generation from the project shaUbe determined by the Winchester Medical Center Management annually,from data collected in May and with the results due onJuly 1ofeach year,and beavailable for review asindividual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map53'A'68, including parcels A, B, C, D\ and E, is not to exceed 14,000 TPD (average weekday volume)when current actual counts and proposed counts are added for cumulative total. |fthe cumulative total for any site plan atVVKVICcauses the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist onstate orinternal site roadways. The SIC code system and the ITE shall beutilized for the subject projections. The Owner shall perform an updated T|A of the project intersection on U.S. Route 50 and the Route SO/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results ofthe T|Ashow that additional loading isappropriate. Q. Entrance to Botanical Blvd from properties west ofBotanical Blvd. Entrance to Residential use areas shall be granted by Winchester Medical Center after future rezoning petition, transportation impact analysis, and proffers for these areas are approved bvVDOTand Frederick County. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan ofDevelopment dated 10^18'19 and revised 04-09-20 which iaattached hereto and incorporated herein byreference. uz cn 1 A fifty foo (501 landscaped buffer along the US Route 50 frontage portion of the site. (#B). internal parking,travel ways and commercial structures shall not extend closer than 5[Ytofront rightofxvoy |inemn U.S. Route 50. An illustrative detail isattached tmthis proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See |D"A">. J. Alandscaped green area along the north side ofthe main entrance. (See|D°A") (#9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described inthe Master Development Plan and Covenants. |ngeneral, project cVvenantsmha||eytab|isha standard ofquality for structures and site design asfollows: 1. Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dqmit orother simulated stucco (EHS), real orsimulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials,and signage for such buildings shall be of a similar style and materials. 8. All building within the property shall be developed as a cohesive entity,ensuring that building placement,architectural treatment,parking lot lighting, landscaping,trash disposal,vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. Asingle monument type sign shall beutilized near the project entrance todescribe internal features. Sign height shall be limited to 30' within 50Y landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 5[Y buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County atthe time ofmaster plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset impact of Develooment The undersigned, who owns the above described property hereby voluntarily proffers that ifthe Board ofSupervisors for the County of Frederick,Virginia approves the rezoning for the 88.1212 acres,of the 89.51OOacre parcel, lying onthe north side ofU.5. Route SO in the GainesbVro Magisterial District of Frederick County, Virginia as presented,the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriffs Office the sum of $5,000.00 and the Administration Building the sum of$5,000.00 for a total payment of$35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. oo co The conditions proffered above shall bebinding upon the heirs,executors,administrators,assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition toother requirements set forth inthe Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By(Print Namne): Mark Baker Signature: Title:VP, Facilities Management and Safety Date: C/ STATE OFVIRGINIA, CITY/CO UNTYof To-wit: The foregoing instrument was acknowledged before nnethis /°7' day of 202C\ bvMark Baker,VPFacilities Management and Safety for Winchester K4edica|'CeA ' c xxycono NotaryPub|ic - L6 2 3 4 5 6 J 8 B 10 L WINCHESTER MEDICAL CENTER WEST CAMPUS K Fa,.�9lcrcwun„v.va I. ..-.... _. ....J z 'I _EASTBOUND _ WESTBOUND •50 LANDSCAPE BUFFER ROU(E SO "' ROW -- -- PARKING LANDSCAPE BUILDING DRIVE DRIVE IAN O D D$ _... .............._ _ .. _.. y "__.. UNE .._BIVE AFF g, 2 �iA'9't).i�1 X--i' W 5 W so J J aa 1l +, ENTRANCE TO BOTANICAL L9LVD ENTRANCE TO RESIDEl�1T7A a"RA O RV WINCHESTER MEDT L CENT R AFTER FUTURE REZONING PEFITION,TRApOR3'A{7pEM� fMPACTANALtI_._ANb PROFFER..FOR THE t k ARE APPROVED$Y VDOT AND FREDERICX C DUNTr A SIGML17ATION \ AGREEMENT WILL BE PROMDED WITH VOOT FOR THIS INTERSECTION AT SITE -"PLAN STAGE OF THIS DEVELOPMENT , Z�� - - gill / - 5.3888 AC,NORTH Of M INGVALLEY LINE OWNED. k O VALLEY HEALTH 8 OUT NOT INCLUDED IN REZONING `.�' PE ey7 - f V PRELIMINARY ISSUE 8-2 USES 4 I 8-2 USES, CONSTRUCTION ...-' .. ... A"- u,...a , ..- ::..•. � ., aSOiON OR CON } N D AEA NOT ,. HSItI,FJTy�I� 809.09-2D REHSION TO ADO NOTE x / INCLUUEI + — USES M5 REZONING frr� !T?7eeaum,.. a.�aR�N�' cri "aao GATE.10.1Ei9 PROJEUN, '1]67-2 ! , - .� AREA NOT INCLUDED N N — E ALE ,,-an r WINCHESTER D MEDICAL r.' . w J GENERALIZE J PLAN OF CENTER '� DEVELOPMENT SHEEL NO.: 1 6 7 8 B 10 Do WINCHESTER MEDICAL CENTER {NEST CAMPUS _ } v a As.• w o -�,X a r rdL (+�p:Pn DRIVE RIVE LAN z g g Au WESTBaUND_..; .' W'L uVp CAPE BUFFER _ PP¢Q<NG LANDSCAPE .BUKDING.,_�,,,,y LANE_.. ROW I � c A SIGNALIZATiON \ AGREEMENTTHVVILL BE V PROVIDED WITH DOT FOR THIS INTERSECTION AT SITE f-"PLAN STAGE OF THIS DEVELOPMENT rk ' Op11S'Vag � � — — "� ' (�-1N.3868 AC.NORTH OF �$ . ,a ✓ �, t BY VALLEY HEATHER rip / 1 8UT NGT INCLUDED IN r,^` RE2GNiNG PREL.INARY-1-E i �.J - t 1 t NO(FOR COtd51RLiCTION -z USES . ' B-2 USES Awa 1 J_' INCL NOT D � � INCLUDED IN. MS USES REZONING frJy�?&uiLCliiYlH:t114(fIURTiIFilum .. 1 aarE:rn7s•i9 f t{ -i w�Ecr No.:rsze l � EXPjWENi No.:11054T C -� iNtERW�gf& AREA NOT GENERALIZED e WwCHESTER f,' PLAN OF MEDICAL } DEVELOPMENT T CENTER. SHEET NO.: A 6 g 0 1 2 3 4 5 8 T m 0 m � REZONING REQUEST PROFFER Property Identification Number S ) — — Revised 11-20-19 ' WINCHESTER MEDICAL CENTER =West Campus" Preliminary Matters Pursuant to Section 15.2-2296et.segL, of the code of Virginia, 1950as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning,the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application# for the rezoning of 88.1J12acres, out ofaparcel total ofO9.51UO acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except tothe 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 Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall bebinding upon the Owner and their legal successor assigns. General Development Plan The development ofthe subject property, and the submission ofany Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan ofDevelopment,dated 1O-18-19,which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads onthe subject property consistent with the County's adopted Round Hill Land Use Plan for the area, , and requirements as consistent with the Commonwealth Transportation Board� ��t� �� �d Limited A�� �� M��� � � � ��u37 m� and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT),and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein byreference. 1. On U.S. Route SOatthe intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) I On U.S. Route 50,an acceleration/deceleration lane will be added across the entire U.S.Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will beprovided along the entire frontage. (#2) 3. At the VA Route 1317 intersection,traffic leaving the site will be provided two left turn lanes, (on left turn with through movement)and one right turn lane. (#8) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4)asfollows: - At U.S. Route SO/VA Route 37 eastern signal, Northbound left turn —2OOfeet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. - At U.S. 50/VA Route 37 Western signal, Southbound right turn — 2OOfee with transition toprovide full 2 lanes otintersection. 5. Atraffic signal will beprovided atU.S. Route 5Uand VARoute 317intersection. (#5) 6. Anadditional left turn lane will beprovided onU.S. Route 5Ofor the eastbound traffic atthe USRoute 58/VARoute 37 eastern signal. (#6) C) CD 7. Amajor odlentu. .o*d .1AOOfeet inlength and 5lanes wide,vvun8Ofeet right ofway. (#7) `— Transportation items l +through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance ofthe first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare o traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval tothe County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval bythe County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually,from data collected in May and with the results due on July 1 of each year,and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B,C, D,and E, is not to exceed 14,000 TPD (average weekday volume)when current actual counts and proposed counts are added for cumulative total. |fthe cumulative total for any site plan atVVK4Ccauses the total toexceed 14,OOOTPD then itis agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist onstate orinternal site roadways. The SIC code system and the ITE shall beutilized for the subject projections. The Owner shall perform an updated UA of the project intersection on U.S. Route 50 and the Route SO/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results ofthe T|Ashow that additional loading iaappropriate. Landscape Design Features The development ofthe subject property, and the submission ofany Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development revised November 05, 2019 which is attached hereto and incorporated herein bvreference. 1. A fifty foot (SO') landscaped buffer along the US Route 50 frontage portion of the site. (#Q). Internal parking,travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this profferforthe purpose of establishing a standard of qualityto be implemented upon final design. (See|D"A"). 2. Alandscaped green area along the north side ofthe main entrance. (See|D"A")#f9) T1- CD _o On Site Development The Winchester Medical Center shall establish onArchitectural Review Committee (ARC) to review all planning within the 09.4099 acre site to insure conformance with the standard of quality described inthe Master Development Plan and Covenants. |ngeneral, project covenants shall establish a standard ofquality for structures and site design asfollows: 1. Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units ([MU) brick, architectural block, dryvit, orother simulated stucco (EF|8), real orsimulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials,and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity,ensuring that building placement,architectural treatment,parking lot lighting,landscaping,trash disposal,vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50^ landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses, On building signage to be the preferred sign type for individual uses. No other signs shall be located within SU' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County atthe time ofmaster plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board ofSupervisors for the County ofFrederick,Virginia approves the rezoning for the Q8.l212 acres,of the 89.S10Oacre parcel, lying unthe north side of U.S. Route 5Uinthe Gainesboro Magisterial District of Frederick County, Virginia as presented,the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriffs Office the sum of $5,000.00 and the Administration Building the sum of$5,000.00 for a total payment of$35,000.00, at the time of the first building permit mnthe Q9.4O99acre tract isissued. This payment will not berequired ifitioshown that this payment was made with the original rezoning ofthe property in2003. The conditions proffered above shall be binding upon the heirs,executors,administrators,assigns and successors ininterest mfthe Owner. |nthe event the Frederick County Board ofSupervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition toother requirements set forth inthe Frederick County Code. Respectfully Submitted, C14 C) WINCHESTER MEDICAL CENTER By(Print Name): Signature—: Title:—Ve Date: STATE OF VIRGINIA,AT LARGE FREDERICK COUNTY,To-wit: The foregoing instrument was acknowledged before me this day of 2019, by - 1 a6(4tA Ni&0--1c Tpcnij,��, My commission expires 02_1 ov! Notary Public bDkY\YV1'�7tttVthe_M4-6 (-)L I 1 V NOTARY i 0 1z PUBLIC E r1 REG,#783 1 9826 0 M) COMMISSION EXPIRis OZ-'28/2023 ............ L T H 0 "1111mitt"I'to V O Y 1 1 2 I 3 ' 4 5 6 7 I 8 ' 9 ! 10 L WINCHESTER MEDICAL CENTER WESTCAMPUS K n y 'z a 1 Ayr' W ix . ....� - ml .,. ;: � _ � !"."w..,, 4 4 � ��- '- r t Yn I k •W.'N^..�"�+�+ 1Yy�d.1 l'; rM�•."'�v"..+ �4�m E � 'E r. y _EASTBOUND _ ROUTE WESTBOUND �4OW 50`LANDSCAPE BUFFER p- PARKING LANDSCAPE BUILDING DRIVE DRIVE LANE 4 u>.�° Ffi ..____..�-�.. ROW _... .�._..... LANE '• �.. Z` � e Y gs :faxrinn 1- 1; �a LU a J xy g Q G ,ENTRANCE" QT CA YD €NmaNCE Fan JALASI ALIZkn0N USEAREAS SHALL.BEQBANTEG AGR rt 1 `IT WI µ CHESTER MEDICAL E E ED WIT T FOR eEaia.. NTERSE.0 ON AT SITE PIA STAGE OFT4 8 +� ( DEVELOPMENT F ... _ ON\S1O �CIACt _ tl- '-` 3888 AC, NO'RTR OF 7 711 LINE,.OWNED VALLEX HEALTH BUT BUT NOT lNGLUbED IN E REZONING PRELIMINARY ISSUE �.1 } NOT FOR CONSTRUCTION B-2 USES s {� B-2 USES i rt - REVISIONS. D / + Iid I U`r_' �}p}►t}{►{}{{eH{{s{{►ueeueu{n}w[{uui�w}npeu►ttui "�{1' FE rlira orf,¢'C�ruf{uuNut#npat{uuuiu{p{ti({iu►ttutu{et►t►t{}aae{its ►9►►}i}{►►� MS nuc USES ?� J DATE.10.18-19 C PROJECTIN, 1]6]2 jJ` D SCAIE:I iN 290' ii • p54J AREA NOT INCLUDED IN FI;2 O IN d T[ GENERALIZED PLAN OF kLshEVELOPMEN r }. R :} r`� D T A L ..... :_ _... .. .. .-,. .�_.. n �.. �.. ,,.i, n,'_. ...moi .[ }� ; Y >4.. •.. i vY,r��^� .. ti,. 'k�t r {� ..,..... _ .. sHEtr kD.: 5 8 7 8 9 10 t7o� — I -- - 1 3 10 L WINCHESTER MEDICAL CENTER WEST CAMPUS K z w Z § z A- < > H Z —D � F 1 4 0, ,z 0, ac r d 0 -' ,�,§ -11 v 4� Q A u 4-0 11 PRELIMINARY ISSUE 0 NOT FOR CONSTRUCTION UEV—Ps D DATE 10-18 19 PRUJECTN, 776- EXPXLIENTN,I—A-7 SCALE TRUKSCA-E GENERALIZED PLAN OF DEVELOPMENT A jSHEET No.: C) AMENDMENT Action: PLANNING COMMISSION: March 19,2003 Recommended Approval BOARD OF SUPERVISORS: April 9,2003 APPROVED DENIED AN ORDINANCE AMENDING THE ZONIN(; DISTRICTMAP REZONING#02-03 FOR THE WINCH14STER MEDICAL CENTER WEST CA-,IPUS WHEREAS,Rezoning#02-03 of he Winchester Medical Center-West Campus, .vas submitted by G.W.Clifford&Associates,Inc.,to rezone 50.0540 acres from B2(Business General)to B2(13 usiness Gen&al)'wlth revised proffers, and 51.9676 acres fi•oui RA(Rural Areas)to NIS(Medical,Support). This property is located north of(and adjacent to)Route 50,and west and adjacent to Route 37,and identified with Property Identification Number 53-A-68 in the Gainesboro Magisterial District;and WHEREAS, the Planning Commission held a public hearing on this rezoning an March 19 2003; and and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 9,2003; 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, TIIEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 50.0540 acres from B2(Business General)to B2(Business General)with revised proffers, and 51.9676'aeies from RA(Rural Areas)to MS(Medical Support)as described by the application and plat submitted,subject to the attached conditions voluntarily proffered in writing by(lie applicant and the property owner. # PDRes 09-03 (.0 C) This ordinance shall be in effect on the date of adoption. Passed this 91h day of April 2003 by the following recorded vote: Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye Gina A.Forrester Nay Margaret B. Douglas Aye W. Harrington Smith,Jr. Aye Robert M. Sager Aye Lynda J. Tyler Aye A COPY ATTEST r John# 'ley,Jr. Fredifick County ALnistrator PDRes.409-03 0\IIc,,,,kjtions%200A Rezoning Rt:iolutionsMnchatcr.Nled Ctr.wpd t1- C) REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 WINCHESTER MEDICAL CENTER "West Campus" PreliminM Matters Pursuant to Section 15.1 - 491.1 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 02-03 for the rezoning of 51.9676 acres fi-om Rural Area (RA) Zoning District to the Medical Services (MS) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terns and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Also within this tax parcel is 50.0540 acres zoned B-2 which will remain B-2 after rezoning. The proffers which exist on the 50,0540 acre parcel have been included in this proffer statement and together with the added proffers constitute the complete proffer for the entire tract of 102.0216 acres. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan, dated September 2002, sheets 5 of 6 and 6 of 6, which are attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round FEII Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#I) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: - At U.S. Route 50NA Route 37 western signal, Southbound right turn - 200 feet with transition to provide full 2 lanes at intersection. (Revised 4/3/03) Page 1 of 6 00 C) Rezoning Request Proffer Property Identification Number 53-A-68 Gainesboro Magisterial District At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn - 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 1317 intersection. (95) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1200 feet in length and 5 lanes wide, with 80 feet light of way. (0) Transportation items I through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The applicant shall limit entrance connections onto U.S, Route 50 to two points as shown on GDP. The applicant shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with results due on July I of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from the 102 acre site is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the applicant shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The STC code system and the ITE shall be utilized for the subject projections. The applicant shall perform an updated TIA of the project intersection on U.S. Route 50 and of the Route 50/Route 37 interchange when traffic generation from the 102 acre site reaches 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD, limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Concept Plan revised 3/4/03 which is attached her6to and incorporated herein by reference. (Revised 4/3/03) Page 2 orf M C) Rezoning Request ProtTer Property Identification Number 53-A-68 Gainesboro Magisterial District 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (4). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID"N'). 2. A landscaped green area along the north side of the main entrance. (See ID"X') (#9) 4D 3. A landscaped, open, green visual focal link and park located at a "roundabout" (#10). An illustrative example (ID "B") is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. Oil Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 10-1 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: I- Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dryvit, or other simulated stucco (EFIS), real or simulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically, 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area along U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Applicant shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. (Revised 4/3/03) Page 3 of 6 C) Rezoning Request Proffer Property Identification Number 53-A-68 Gaunesboro Magisterial District Monetag Contribution to Offset Impact of Develo ment The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 51.9676 acre tract 2, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia from RA to MS and approves the revised planning for the 50.0540 acre tract 1, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000,00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of$5,000.00 for a total payment of$35,000.00, at the time the first building permit on the 102.0216 acre tract is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfu fly submitted, PROPERTY OWNER By: Date: i STATE OF VIRGMA, AT LARGE FREDERICK COUNTY, To-wit: The foreoing instrume. was acknowledged before me this : fid day offer 2003, by q )n s My commission expires �} i5 j�1�c C 00�� Notary Public S (Revised 4/3/03) Pare 4 of I —TO"US�ROUTE.50'/ ,`� AT ROUT.-8031 i f l PM �� '' ••��\�'' � —��� � — ^yr ��bN f---__1I—` 1t j J! i/mil f / /J�— � \__ ` i N i .. � C/• / / Y�\t! 7 iCti \ •��. .,}y\ S\�;, Il;l�,a i`@` 11 � ��. 1 rr-."� �''\ _�— C=am' �_.� •t'�.ir _'>>, \� I ._ /�11 ;,� (t�.�,,t.t 1 , /. \ T 1 i i '� '\l� \ tit �y - F 1 \4� i ; Z, P-, \�� r f f W- .7 FSI, ?• \'� PR0�0.SEb ;rk"' ra, + g COLLEC OR 1 c'Q N` �> . Y T \ WINCHESTER MEDICAL CENTER PROPERTY 8-2 Property Silbert w. clifford & associates, inc. op GENERALIZED DEVELOPMENT PLAN Sheet �� O e z Land'WEST CAMPUS" fLand � Watar�Rq 117 E FRcod SL Wmchmter,Vqg io 22601 fRED-RICK COUNTY, WRC/NIA 6 VXF—(W)667-2139 FA%:(W)665-0193 FL/IL•q=WMmrsin;can Revised 3/4/03 N ti 17 J' - �' ! r -4 \ t rf !r - t 1 5 — TV ht�itt� + /��/ � _� _--_ — /// ��� ` � •t}i1'tt �i'�i�i(�(�i,r���'+`,�,t,`1iFJt \ Il� PROPOSED MAJOR ! COLLE�TOR; c,\`,1t,` _t__�m- c�^\\`',,, `✓'f/�;r, ' /� \._ �$��,� \ \ t,<','\:`( •.� \ice---- \ t`:1.\ v—_--�= ori/ PIC :.'=amu �\ I f \ :_��\\`-� �_..� .+( \r -; i/� '.` t�i•.:\i�';ti. 1•\,nom,T 2 J% 1 t s ttl•:RE, .� ,KCf'1 j t y \e: `` _ �`��`Y'�y r. i 5�pVlGS �\` -t ir,1(/� >t'• �\\ �: �\ 1 F�vI,Nf r i f7151J?tF� CENfr-R' rt7 t41 ,.1-1N I'z� %';J/ L- i 11 • i t\l i It'`,' ra r t7lvirN / rte\ Ti V C 120,0 5TH ` _ ( \ z 1 �r--sV c` n - e i —fry WINCHESTER MEDICAL CENTER PROPERTY US Property 9iibert w. clifford & associates, inc. a O GENER411= DEVELOPMENT PL41V Sheet +� ' O O WEST CAMPUS" 6 ti Of 117 E hwak SL inctrslk,Yagii, 22601 FREDERICK CoUffir, ORGIN14 6 1•DICE.(540)667-2139 FAX:FA (5410)66-W3 E11AU grgfd, .ecom devised 51410J Ce) Ar s..-+Y. { Jo— sy wry scuiro,r A fi vp — - t Para!I§rin,ar t3sa=rysus ftuundelaxn section Ker Sc;dc:1"_40' r Winchester Medical C; anter Wast Carnous Yj Generalized DeuelnPn;enr Plan Frederick C: in,q, 1'd „3nia r - IJ ~ � �' �� mak. !• � .'A � +Fl � �f r � rs � �,�� �� -', t t trs•I }� 011n, nava r< 1 j 'ga / ti nts.t(ra: Route j(r Winchester Medical Center gest Campus l• .� ^�� k<uo60-,r' Generalized Dmclopwient Plan ert� ii r sc.ara,.1"-;,r Fredcriekc Cau ntr, t"ir-gin is Pil LO. �. * q "4&4- 14 0%P th&4 '140%V 1� 1' .,., i • - [1I'Mb,.n.\t'I_\'IN ,Ilgt�! .• t"`s �' q l�1NC li \£E>R 't � �,4'`1� �e •.^ r. i., 31,x... c, rA lz k= ;1 W Winchester MCdical Center West Campus °�- ar, Generalized Development Plan aNg f�grn•. Mnw 0.fF,t ..\I.F 1�..Y f rcJecick CuuJtty, \'ir}!.inia CD %Iy 31 iY$r.:of a+8 p nt ai m er;,e RHomer 1401 Ei.,r 13mac1.`, ,et° -1'c i€, 1?ivi inn-i,71 B` o€ ..„1106 —hail Ii R it htrEo!xt t in;iilii "'_ l r€x 11 '"5,470,0 Agenda item#6-A RESOLUTION OF THE COMMONWEALTH TRANSPORTATION BOARD December 17,2009 MOTION Made Bv:Dr. Davis Seconded By:Mr.Davies Action: Motion Carried Unanimous) Title: Right of Way and Limited Access Control Chao es Route 37 and Campus Boulevard Interchange, Frederick County WHEREAS, Route 37, between its southernmost intersection with Interstate 81 continuing in a northerly direction for approximately 9 miles to a point along Route 11, north of the City of Winchester, in Frederick County, was designated as a Limited Access Highway by the State Highway Commission, predecessor to the Commonwealth Transportation Board (CTB), on March 17, 1966; and WHEREAS, in connection with a section of Route 37, State Highway Project 6037-034-101, RW-202, which is located between the aforesaid locations, the Commonwealth acquired certain lands and limited access easements from various landowners; and WHEREAS, the land on both the northwest and southeast sides of the Route 37 proposed right of way and limited access lines, as shown on the plans for said State Highway Project, between the interchanges at Route 522 and Route 50, was identified as the location for an interchange (hereinafter referred to as "Campus Boulevard Interchange") to serve the Winchester Medical Center, Inc., property located on the southeast side, and potential access for future development for properties on the northwest side of said Route, necessitating changes to the said right of way and limited access control in the vicinity of approximate Station 440+00, which were approved by the CTB on May 21, 1992; and ti Resolution of the Board Right of Way and Limited Access Control Changes—Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Two WHEREAS, Valley Health (formerly Winchester Medical Center, Inc.) has identified and requested right of way(R/W) and limited access control changes (LACC) consisting of a northerly shift and LACC along the Campus Boulevard Interchange Ramp D northwest revised proposed right of way and limited access line (5/21/1992), to provide direct access to the northwestern campus of the Hospital, as well as inter-campus connectivity, facilitating the planned expansion of medical related services in the region and supporting economic development of Frederick County (County); and WHEREAS, the County, by letter dated February 3, 2006, supports the request for the R/W and LACC; and WHEREAS, the Virginia Department of Transportation (VDOT) has determined that the said shift of the right of way and limited access line in the vicinity of approximate Station 440+00 (Route 37 southbound lane baseline) and conditional LACC of approximately 70 feet in length, from a point 398.9 feet opposite Station 17+17.39 (Route 37 and Campus Boulevard Interchange Ramp D baseline) to a point 434.3 feet opposite Station 17+60.48 (Route 37 and Campus Boulevard Interchange Ramp D baseline), with roadway and ramp modifications as required, to provide direct access to the northwestern campus of the Hospital, as well as inter-campus connectivity, both located along the northwest side of the Route 37 and Campus Boulevard Interchange Ramp D northwest revised proposed right of way and limited access line (5/21/1992), as shown on the plans for State Highway Project 0037-138-101, RW-201, are appropriate for said interchange ramp from a design standpoint subject to further VDOT review and approval; and WHEREAS, a global traffic analysis was prepared and reviewed, and VDOT has determined that the said proposed R/W and LACC for said interchange ramp will require further operational review and approval by VDOT in the future, however from a safety and traffic control standpoint regional growth demands on the Route 37 corridor far exceed any immediate operational impacts of the said proposed R/W and LACC; and WHEREAS, a long term plan for the Route 37 corridor is under development by VDOT and the Win-Fred Metropolitan Planning Organization; and WHEREAS, Valley Health and VDOT have agreed to the following conditions for the said proposed R/W and LACC: •Valley Health shall donate and convey in fee simple, free of any liens and with General Warranty of title, all land and easements, including but not limited to easements of access, air and light, necessary to accommodate the said R/W and LACC to the Commonwealth without cost, compensation or mitigation; and 00 Resolution of the Board Right of Way and Limited Access Control Changes—Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Three •Valley Health will construct new termini for the southbound Route 37 ramps at Relocated Campus Boulevard,providing access to the northwestern campus of the Hospital, as hereinafter described, to VDOT specifications and subject to VDOT approval; and •Valley Health will construct modifications to the existing northbound Route 37 ramps at Campus Boulevard to permit westerly movements to and from the said ramps subject to VDOT specifications and approval; and •Valley Health will construct a second right turn lane at the northbound Route 37 ramp termini with Route 522 to mitigate queuing issues on said ramp concurrently with the said Campus Boulevard ramp improvements and gates herein described; and •All right of way, engineering, construction, utility relocation, re-signing, and all necessary safety improvements shall meet all VDOT standards and requirements; and •All parties concur that traffic safety on Route 37 is the first priority, and full and adequate operational functioning of Route 37 is the next priority; and *Valley Health shall construct actuated gates within its property at the proposed LACC for access to the northwest campus of the Hospital, as part of and coinciding with the said ramp improvements, in order to permanently prohibit the general public from traveling between the northwestern campus of the Hospital and the Campus Boulevard Interchange; and •All costs, infrastructure, and maintenance associated with the said gates shall be home by Valley Health; and *Valley Health will be permitted to issue up to 500 cards or passes to the said gates, for the exclusive use of campus employees, patients, and/or patient family members for inter-campus access; and •VDOT may request independent audits, to be funded by Valley Health, of outstanding cards or passes to assure compliance with the conditions of this Resolution at any time VDOT deems appropriate; and •The said access is subject to revocation and closure at any time if VDOT deems the management of the said restricted access is being abused or determines that any operational or safety conflicts are occurring; and •Valley Health will complete all plans, posting of any bonds and obtain any permits, as necessary or required, within one year of CTB approval of the said proposed R/W and LACC; and •All costs of engineering and construction, utility relocation, re-signing, including all necessary safety improvements, will be borne by the Valley Health; and • A Memorandum of Agreement (hereinafter MOA) will be executed between Valley Health and VDOT, and made available to the County to confirm compliance of these conditions, current zoning restrictions on the northwestern Resolution of the Boar'. Right of Way and Limited Access Control Changes—Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Four campus of the Hospital, and to consider participation in regional transportation projects in the future; and * The said MOA shall be executed and recorded among the land records of Frederick County, Virginia within one (1) year of CTB approval of the said proposed R/W and LACC; and WHEREAS, VDOT has determined that the said time frame for Valley Health to complete the requirements for all plans, posting of any bonds and obtaining any permits, as necessary or required, being within one year of CTB approval of the said proposed R/W and LACC is appropriate; and WHEREAS, VDOT has determined there will be no adverse environmental impacts, pending a Phase I Archeology study to be completed after the plans are developed and prior to construction, to be conducted as part of the permit process; and WHEREAS, public notices were posted in the Winchester Star and Northern Virginia Daily newspapers on November 2, 2009 and November 24, 2009; and the Shenandoah Valley Hit newspaper on November 6, 2009, all of which closed on December 1, 2009, with no comments received; and WHEREAS, VDOT has determined that due to the restricted nature of the actuated gates within the Valley Health property at the proposed LACC for access to the northwest campus of the Hospital, no compensation shall be due VDOT in consideration of the said proposed LACC for access; or the said proposed shift due to utilization for public street purposes; and WHEREAS, other than the period for completion of all plans, posting of any bonds, obtaining any permits, and execution/recordation of the MOA, the proposed R/W and LACC is in compliance with the Commonwealth Transportation Board Policy; and WHEREAS, upon completion of all conditions and work by Valley Health and acceptance by VDOT, all work, roadway construction, improvements and equipment within the said revised proposed right of way and limited access of the Route 37 and Campus Boulevard Interchange (12/17/2009) will become the property of the Commonwealth. NOW, THEREFORE, BE IT RESOLVED, in accordance with the provisions of Section 33.1-58 of the Code of Virginia (1950), as amended, the CTB hereby finds and concurs with the aforesaid VDOT determinations, and approves the said R/W and LACC shift for public street purposes; and that the CTB's earlier designation of Route 37 as a C) N r limited access highway be amended to allow a restricted traffic limited access break from a point 398.9 feet left of existing Ramp D station i 7+i 1.39 to a point 434.3 feet left of Resolution of the Board Right of Way and Limited Access Control Changes —Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Five existing Ramp D station 17+60.48, a width of approximately 70 feet, conditioned upon the following: 1. That ingress and egress gates be constructed on the Valley Health property to restrict traffic entering the Route 37/Campus Boulevard Interchange limited access break to employees, patients and/or patient family members requiring inter-campus access. Valley Health may issue up to 500 cards or passes to actuate the gates for passage. 2. That, if at any time the Department deems the management of the restricted access is being abused or determines that operational or safety conflicts are occurring, the limited access change will be revoked and the break will be closed. 3. That Department concurs with and approves the design of the interchange modifications and any other improvements that are required. 4. That Valley Health or others agree to provide the additional limited access right of way and pay all costs of the improvements as identified herein. The Commonwealth Transportation Commissioner is hereby authorized to execute any and all documents needed to comply with this resolution. To be completed by Planning StaFeeAmount Paid $1,0130. Zoning Amendment Number9-- t9 C kq CN Anticipated PC Hearing Date f -a" 1- 1 T1- Date Received (cel 2- i I t Anticipated BOS Hearing Date t S- lo REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING&DEVELOPMENT 1. Property Owner(s) (please attach additional page(s)if more than two owners): Name: Winchester Medical Center, Inc. Specific Contact Person if Other than Above: Mark Baker Address: 1836 Amherst Street, Winchester, VA 22601 Telephone: (540) 536-4543 Email: mbaker@valleyhealthlink.com Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm,or other person,if any, serving as the primary contact person for this application: Finn Name: Valley Engineering, PLC Specific Contact Person at Finn: Daniel Michael, PE Address: 4901 Crowe Drive, Mount Crawford, VA 22841 Telephone: (540) 434-6365 Email: dmichael@valleyesp.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): Winchester Medical Center 11 5. Property Information: a. Property Identification Number(s): 53-A-68 b. Total acreage of the parcel(s): 89.4099 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B-2 -37.5424 AC, MS - 51.8675 AC e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 - 37.5424 AC, MS - 37.5424 AC f. Magisterial District(s): Gainseboro g. Location -the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection,using road names and route numbers): 1998 Northwestern Pike, Winchester, VA h. Adjoining Properties: Parcel ID Number Use Zoning 53-B-3,83 C STORE-LIVESTOCK EXCHANGE RA 53-A-84 RESIDENTIAL RA 53-A-75,76,77 RESIDENTIAL B-2 53-A-74 RESIDENTIAL B-2 53-A-73 RESIDENTIAL RA 53-A-A,69,1 AGRICULTURAL RA 53-A-68A HOTEL B-2 Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester,VA 22601. Page 13 CO N r 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including,in the case of corporate ownership,the name of stockholders, officers,and directors,and in any case the names and addresses of all real parties of interest. Frederick County has,by County Code§ 165-101.09, adopted such an ordinance. ex For each business entity that is an owner or contract purchaser of the property,please list the name and address of each person owning an interest in,or who is an officer or director of,any eiitfty that is an owner or contract purchaser of the property(you need nOL indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock K hange and having more than 500 shareholders. NOT APPI IGARI F AS VAI I FY HFAI TH IS A I OM-PROEIT ENTITY Please attach additional page(s)if necessary. 7. Checklist. Please check that the following items have been included with this application: 0 Location Map ❑✓ Plat Depicting Metes/Bounds of Proposed Zoning Q Impact Analysis Statement Proffer Statement(if any) Q Agency Comments ❑✓ Fee 0 Copies of Deed(s)to Property(ies) Tax Payment Verification Digital copies (pdf's)of all submitted items Page 14 It N 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I(we)understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. Owner: 111 Date /� 1 If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 U-) C14 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and 11 Property Identification Number Address Name FARMERS LIVESTOCK EXCHANGE POBOX 2696 Property#53-B-3, 83 WINCHESTER, VA 22604 Name KEVIN L. ANDERSON 180 THURSTON CT Property#53-A-84 CLEARBROOK, VA 22624 Name NANCY RENNER JOHNSON 2054 NORTHWESTERN PIKE Property#53-A-75, 76, 77 WINCHESTER, VA 22603 NameCRT PROPERTIES, LLC 424 W CECIL ST Property#53-A-74 WINCHESTER, VA 22601 Name MARSHA A.DEHAVEN AND JANCICE P.LLEWELLYN 500 S HAYFIELD RD Property#53-A-73 WINCHESTER, VA 22602 Name FRUIT HILL ORCHARD, INC PO BOX 2368 Property#53-A-A, 69, 1 WINCHESTER, VA 22604 Name WINCHESTER HOTEL PARTNERS, III LP 610 EDGEGROVE RD Property#53-A-68A HANOVER, PA 17331 Name Property# Name Property# 16 N r Name and Property Identification Number Address Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# 17 ti N c� Co Special Limited Power of Attorney G2� County of Frederick,Virginia m Frederick Planning Website: NW LDepartment of Planning&Development,County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: WINCHESTER MEDICAL CENTER,INC Name of Property Owner/Applicant P .,tile name of ule enury strould appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 1636 AMHERST STREET,WINCHESTER,VA 22601 f,540)5364543 Mailing Address of Propertyweer, pp rcan e ep one umber as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: do hereby make,constitute,and appoint: DANIEL MICHAEL,PE Name of Attomey-in-Fact VALLEY ENGINEERING,PLC,8401 CROWE DRIVE,MOUNT CRAWFORD.VA 22841 (540)43x6365 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the followin ,for the above identified property: ZRezoning Subdivision Conditional Use Permit LJ Site Plan Master Development Plan(prelim.or final) E] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: NONE This appointment shall expire one year from the day that it is signed,or'at such soont?time as I otherwise rescind or modify it. r Signature " o To , Title(if signing on behalf of an entity; U �c 'I"SiC� c/%i'r� / FCcic hzawr d�`t ,1 State of ity of ounry/ "1-I r wit: r P t 'c a Notary Public in and for the jurisdiction afore"said,-berh ttify that the person who signed the foregoing instrument personally appear before me and has acknowledged the same before tie in thurisdiction aforesaid this day of ( C b 4_'162 20i�y r My Commission Expires: 3�/ �e Notary Public VICTORIA P.LORO ion Number: R NOTARY PUBLIC Commonwealth of Virginia Reg.#340383 My Commission Expires Sept.30,2o2o L evfe+wi r k Niiktl Five " $I�.�°�!i w Mem�n•• x � — � C � � it4s�n.w4etle�e�tVa�F'+ctixKe+r+a��wf+�rs+ti'EL'srz+�sp � i ,i bpe ��S�''�^°�•_ nota.ug�r Rk'e'-�e'4�.. kUr. MhrplaY � N1AearrtmJl3fu 'n4an�4a•a � 1+�- �N3ksrr Mohrul_ '�N'�rrSna4,wR 1n tle�tuar:I.R� � Y,aen �Merr+{ry.!kre. Fredcriek�`o�nty�1'i[girii� �,�,�r� Pa}'d[.a nkup 7 aseg TerieMt Mer�tr PxsatrlP�@ ase Ener �+e'apa �'M4nA'F.laggn rRr�ryep� Skappt'p{aR(A fin tXrorkn [hrge E�nei A haaheirocae+r�+ (} i�: � � � M9 � �I �0 ►� H �] [al � � � +� . , �=s: s rn THOMAS MOORE LAWSON.) P.C. *OF COUNSEL-WILLIAMS MULLEPI 120 EXETER ftm,SuirE 200 POST OFFICE Box 2740 WINCHESTER,VA 22604 '"THOMAS Moon LAwsm•TiAwsoNALs=x0m TELEPHONE: (50)665-M FACSIMILE:(540)721051 September 23,2020 Charles S. DeHaven,Jr.,Chairman At-Large Shawn L. Graber, Back Creek Supervisor J. Douglas McCarthy, Gainesboro Supervisor Robert W. Wells,Opequon Supervisor Blaine P. Dunn,Red Bud Supervisor Gene Fisher, Shawnee Supervisor Judith McCann-Slaughter, Stonewall Supervisor Frederick County Board of Supervisors 107 North Kent Street Winchester,VA 22601 Re: Rezoning#06-19-Winchester Medical Center Our File No. 1376.001 VIA E-MAIL Dear Ms. McCann-Slaughter and Gentlemen: As you know, I represent Winchester Medical Center with regard to the above-referenced rezoning proffer amendment. After learning that this matter was scheduled for the September 23, 2020 Board of Supervisors hearing and after consulting with Staff, we did write a letter dated September 18, 2020 requesting this matter be tabled. The undersigned was advised that the sole reason this was added to the Board of Supervisors' agenda was to not run afoul of Virginia Code See. 15.2-2286(A)(7) and County Code See. 165-102.04, which requires action within a year unless the Applicant requests an extension. Also, as the Board is aware and this will confirm, Winchester Medical Center and its representatives have had meetings with representatives of Ms. Johnson and Ms. Turner; the most recent of which was a conference call held on September 18, 2020. In fact, during that call not only was there a discussion of the requested easements which include a 140-foot long construction easement and a permanent easement, which is 92.5-feet wide at its connection to Botanical Boulevard, tapering to 40.32-feet wide at CRT Properties, LLC's property line, but also which provides for construction easements and permanent easements at both the north and south ends of the Winchester Medical Center property,neither of which have anything to do with access. Nevertheless, representatives of Winchester Medical Center advised attorneys for Ms. Johnson and Ms. Turner first that there had been a request to table this matter until, at the Frederick County Board of Supervisors September 23,2020 Page 2 earliest, the Board of Supervisors' second meeting in October, and secondly that Winchester Medical Center would continue in good faith to work with the neighbors to reach an agreement for reasonable access. As this Board will recall,the prior draft proffer amendment provided for a 50-foot wide access. Said 50-foot access was deemed to provide more than sufficient width to install three lanes of access, curb, gutter and, if required as part of the design, sidewalks. To the representative of Winchester Medical Center it was believed that the telephone conference which occurred on September 18, 2020 was well received by all parties and there was an agreement to continue discussions going forward. Much to Winchester Medical Center's surprise, the letter dated September 21, 2020 was sent by attorneys representing Ms. Johnson and Ms. Turner to members of the Frederick County Board of Supervisors and Planning Staff. The letter ftirther states in its conclusion that (1) "Johnson and CRT Parcels have a"by-right"right of free access to Botanical Boulevard"; (2)the commercial access for the Johnson and CRT Parcels "is onto and via Botanical Boulevard"; and (3) Winchester Medical Center is "legally committed and obligated to provide access to Botanical Boulevard consistent with the current B-2 rezoning of the Johnson and CRT Parcels." The letter goes on further asking that the Frederick County Board of Supervisors confirm the above asserted legal rights. When it is heard, what will be before the Board of Supervisors is Winchester Medical Center's minor proffer amendment, which is a legislative process that is permitted under the Frederick County Code and Virginia Code. 'Contrary to what is asserted by the attorneys representing Ms. Johnson and Ms. Turner, the Board of Supervisors is not impaneled to make rulings on a party's legal rights. Winchester Medical Center does certainly appreciate the enthusiasm exhibited by Ms. Johnson and Ms. Turner and their attorneys, and remains committed to working with its neighbors. We would hope that the same focus and spirit of cooperation will be extended by our neighbors. Thank you for your attention to these matt rs. ruly yours, Th a Moore La TML:atd cc: Winchester Medical Center Mike Ruddy,AICP, Director of Planning& Development Candice Perkins,AICP, CZA,Assistant Director Roderick B. Williams,County Attorney H. Edmunds Coleman, 111, Esquire Bill Shmidheiser, Esquire T1_ ch BRYAN& COLEMAN,P.L.C. Attorneys at Law I IS South Braddock Street Winchester,VA 22601 H.Edmunds Coleman,III Tel: (540)545-4172 Fax: (540)545-4173 Email: edscoleman@edscolemanlaw.com September 21,2020 P141 E-0,LCM To The Members of The Frederick County Board of Supervisors: Charles S.DeHaven,Jr., Chairman AIL-Large <chdehaven@fcva.us> Shawn L. Graber,Back Creel-,Supervisor <shavNn.graber@fcvp.us> J.Douglas McCarthy,Gainesboro Supervisor <dmccartby@fcva.us> Robert W. 'Alells,Opequon Supervisor <rwelis@fcva.us> Blaine P.Dunn,Red Bud Supervisor <,bdunn@fcva.us> Gene Fisher, Shawnee Supervisor <gfisher@fcitE,.us>;<gfisher@su.edu> Judith McCann-Slaughter,Stonewall Supervisor <jsIaugbter@fcva.us> Roderick Williams,Esquire,County Attorney <rwilIia@fcva.us> Candice Perkins,ATCP,CZA,Assistant Director <cperkins@fcva.us> Mike Ruddy,Director of Planning&Development <mruddy@fcva.us> Re: SEPTEI'V11334E R 23,2020 BOS MEETENG.- _R!,cr1h1:of Access To Botanical Boulevard By Adjoining Fropartlec/REZONING Al"P]LI)CATION#06-19-Winchester Medical Center,Inc.-Adjoining'Property Owners Nancy rz.Xohnsori Parcels TMP'#.0-A-75:53-A_-76;and 53-A, 77 and CRT Properties,LLC/TMP#53-A-74 Dear Ladies and Gentlemen: I. R�EUIRJZ SENITTA171 ON: I represent Nancy R.Johnson, owner of the three Tax Map Parcels noted above,which adjoin Botanical Boulevard on the West.Bill Shmidheiser represents Carolyn Turner/CRT Properties, LLC, owner of TMP#53-A-74, Mrs.Johnson's Parcels and the CRT Properties'Parcel were rezoned to B-2 in 2008(the"Botanical Square Properties Rezoning'). This letter is submitted in addition to,and in supplementation of,Bill Shmidheiser's January IS, 2020 letter with various attachments(presented on behalf of CRT Properties)and my January 22,2020 letter. n. H-TUSTORY OF APPLICA 2 I '11HN-1#06-19.- Winchester Medical Center's Rezoning Application#06-19 is a proposed"minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan(GDP)" associated with Rezoning#02-03,with the Medical Center proposing to remove uses shown on the proffered GDP and to remove a proffer regarding landscape design features related to the Medical Center's internal road system. N M r Board of Supervisors September 21,2020 Page 2 Mfrs_Johnson and CRT Properties_are not concerned about the requested,revisions to,the Medical Center's Plans and Proffers for the develloo,rnen' of their own r erty�,but rather,in order to assure access,_the� re uest�that the Medical Center's revised uroffers be fiartller changed tnaddress the grantinc of access and to cpnfizm that the_"future cclntinencies" erin such access were sarisfied in 2008 all as.set forth in_this letter.The September 15,2020 Staff Report for the Board's September 23 Meeting notes the following as part of the"Application History": The Board of Supervisors discussed this item on January 8, 2020.At this meeting,questions arose about Botanical Boulevard and access by adjoining properties that were shown on the approved MDP for this development.The Board postponed action on the amendment until the January 22, 2020 meeting to allow the_ APP# Oat to provide clarif cation an access tc Botanical Boulevard b adjoining properties. [emphasis added] The March 4,20.20 Staff Report prepared for the Board's March 11,2020 Meeting noted that on January 8,2020"The Board postponed action on the item until January 22,2020 to allow the applicant to provide clarification on whether the access will be granted at no charga or is intended to be sold."[emphasis added] o Following the January 801 meeting,the Applicant removed all references on the GDP for access for the adjacent property to Botanical Boulevard. The Board of Supervisors denied the rezoning at the March 11,2020 meeting. The Minutes of the Board's March 11,2020 Meeting reflect Applicant's counsel Mr.Lawson's comments that whether access would be granted to the Johnson and CRT Parcels,and whether there would be any monetary charge therefore,are"decisions"which"would be made by the Medical Center Board based on the specifics of the Request."[emphasis added] ► The Board of Supervisors rescinded the vote for denial at the April 8,2020 meeting and the rezoning application would be reconsidered at a future meeting.Johnson and CRT,without firsthand or participatory knowledge,understand such rescission derived from discussions between the County and the Medical Center about the Medical Center actually granting access for the Johnson and CRT Parcels. [emphasis added] Applicant submitted revised proffers with a final signature date of April 17,2020 for consideration. o The text of the proffers dated April 17,2020 remains fundamentally unchanged.The April proffer statement(see proffer 8)and the proffered GPD(dated October 19, 2019,revised April 9,2020)both contain the following tent"Entrance to Botanical Blvd—Entrance to residential use areas shall he jtqnted by Winchester Medical Center after future rezoning petition,transportation impact analysis and proffers for these areas are approved by V OT and Frederick C'nunty': [emphasis added] o The Properties referenced in this nflte are no loafer residential _use areas as they were rezoned with Rezoning#08-08(Botanical Square an nnpact analvsis and nrgfl'er were created which were annroyed b� both VDOT and.Frederick County Itis co co Board of Supervisors September 21,2020 Page 3 unclear qtnains � drJistjb � ;adti-been. cgs [emphasis o"Jedj C-TK 1L &CCESS RA rGR,0UMD: Tlie Medical Center's Final Master Plan revised 6/24/04 for"Winchester Medical Center If,"plus Medical :enter Deeds of Dedication recorded May of 2008 as Instrument;Nos. 080006461 and 080006462,all specifically state: "E-NITRANCE TO RESIDENTIAL USE AREAS S11,IvLf-33,E GRA 1,7ED B Y V,"TNCHES TER 1-v CAL CENTER.AFTEr' REZt3j\TjjTG PETITION, T rPI\l SPOfIATION IIVIPACT ANALYSIS ANDppOFFERS FOR THESE AREAS ARE,#T,P-kOVED BY VDOT AND FREDERICK COUN femphavis added] As the September 15,2020 Staff Report,confirms,the"RESIDENf 1A,L USE AREAS"referred to above are the Johnson ape CRT Parcels which were rezoned in 2008(Rewningy approved"IMPACT ANALYSIS AND PROFFERS�."The Proffers for the Botanical Square Properties Rezoning(which incorporated etc Generalized Development Plan for the Johnson and CRT'Parcels) include the potential provision of future traf-fic signalization(if required by 'DOT)or a eash payment in lieu thereof. Thus,the stated conditions precedent for the granting of the access and been satisfied since 2008. "ENTRA NCE-have The 2008 Deed of Dedication recorded as Instrument No. 080006461 (and referenced above) accomplished the Medical Center's dedication of Botanical Boulevard to Frederick County as a public road and created a private easement designated as Marriott Drive as a road intersecting Botanical Boulevard from the East. During the March 11,2020 Board Meeting,Applicant's counsel Mr.Lawson confirmed to the Board that there is no question but that access to Botanical Boulevard for the Johnson and CRT Parcels is to be granted by the Medical Center;that the location is established(directly opposite from Marriott Drive which intersects Botanical Boulevard from the East);and that the point of potential future signalization is also established(i.e.,at the Botanical-Marriot intersection). During such March 11 Meeting,Mr.Lawson advised the Board that both the right to,and the location of,access is established"in the record,"and that such"record"documents make no reference to the Medical Center being paid any compensation for such access. During the March I I Board Meeting,Mr.Lawson also suggested that the owners of the Johnson and CRT Parcels were not certain what width of access would be required. Subsequently,representatives of the Medical Center and of Mrs.Johnson and CRT conferred with each other on the issue of access.The Medical Center expressed its understandable concern that it wanted definition of where the access would be,the width of the access,etc..It was determined that engineers for the Medical Center and for Mrs. Johnson and CRT would confer. Based largely upon such discussion among the engineers,Aft.Johnson and CRT authorized their engineer,Painter-Lewis,PLC,to prepare a proposed Easements Plat showing the exact requisite temporary easements for construction of drainage facilities,utilities and access and a permanent easement for access.Further,Mrs.Johnson and CRT have had their counsel prepare a proposed Deed of Easements, incorporating the Easements Plat for the granting of the easements by the Medical Center to Mrs. Johnson and CRT. Board of Supervisors September 21,2020 Page 4 Attached hereto as cumulative Exhibit I find the Deed of Easements and proposed Easements Plat providing for three(3)Temporary Construction Easements and a Permanent Access Easement for access to the Johnson and CRT Parcels. The"Proposed Permanent Access Easement"shown within the "160' X 40' Temporary Construction Easement"on Sheet 3 of the Easements Plat,is essentially a mirror image of the flared access existing for Marriott Drive(situate on the East side of Botanical Boulevard) and is located within the existing buffer area West of Botanical Boulevard. The Deed of Easements and the Easements Plat(Exhibit 1)was recently submitted to the Medical Center,and we understand the Deed and Plat are being considered by the Medical Center Board. If signed by the Medical Center and recorded,such Deed of Easements and Easements Plat will resolve the access issues for the Johnson and CRT Parcels. Today,as was the case in 2004,the sole means of access to the Johnson and CRT Parcels is via Echo Lane. The Minutes of the BOS June 9,2004 Meeting(copies were attached to,and commented upon in,Bill Shmidheiser's January 15,2020 letter)reflect that Winchester Medical Center's Final Master Development Plan/MDP#06-04 provided for the"closure"of Echo Lane for commercial use,so that Echo Lane would not carry commercial traffic parallel to the major/public collector road of Botanical Boulevard. Thus, such NIDP provided that the Medical Center would not deny access to Botanical Drive by the Johnson and CRT Parcels once these Parcels were rezoned. Botanical Boulevard was built and access thereto was assured,in consideration of and in exchange for the barring of the business use of Echo Lane.Botanical Boulevard,therefore, is the sole means of commercial access to the Johnson and CRT Parcels. IV. CONCLUSION: As the history(specifically including the revised Proffers with final signature date of April 17, 2020)of Application#06-19 reflects,the Medical Center's commitment to providing access to the Johnson and CRT Parcels continues to remain very much in question. Mrs.Johnson and CRT Properties respectfully assert: I Johnson and CRT Parcels have a"by-right"right of free access to Botanical Boulevard. 2. As established by the"history"of the various parcels and the rezonings,proffers, and Deeds of Dedication,the only commercial access permitted for the Johnson and CRT Parcels is onto and via Botanical Boulevard. 3. Winchester Medical Center is legally committed and obligated to provide access to Botanical Boulevard consistent with the current B-2 rezoning of the Johnson and CRT Parcels. Mrs.Johnson and CRT understand that the Medical Center has requested that action on Application#06-19 be deferred and postponed to on or after October 28. Whether or not such postponement is granted,however,Mrs.Johnson and CRT respectfully oppose the approval of Medical Center's Application unless the related proffers are revised to acknowledge and establish the"by-right" right of free access for the Johnson and CRT Parcels to Botanical Boulevard. LO CY) Board of Supervisors September 21,2020 Page 5 Mrs.Johnson and CRT greatly appreciate your consideration of their concerns. Respectfully submitted, H.Edmunds Coleman,111,Esq. Counsel for Nancy K Johnson BECIWclk cc: Thomas Moore Lawson,Esq.(counsel for Winchester Medical Center) Bill Shmidheiser,Esq.(counsel for Carolyn Turner/CRT Properties) Nancy R-Johnson M:Uohnson,Nancy\Rczoning Proffers&Aoms(Echo Ln&Botanical Blvd)\Ltr to BOS(FINAL)9-21-20.docx Q0 ce) THIS DEED OF EASEMENTS made and dated this—day of September,2020, by WINCHESTER MEDICAL CE (formerly known as Winchester Medical Center,Inc.),a Virginia non-stock,non-profit corporation,party of the first part,hereinafter referred to as"Medical Center"(Grantor for indexing purposes);and NANCY R.JOHNSON(also known as Nancy Renner Johnson),hereinafter referred to as"Johnson"and CRT PROPERTIES,_LLC,a Virginia limited liability company,hereinafter referred to as"CRT,"parties of the second part(cumulatively,Grantees for indexing purposes). RECITALS• R-1. Medical Center is the owner in fee simple of a certain tract of land containing approximately 89.51 acres,more or less, lying and being situate in Gainesboro Magisterial District, Frederick County,Virginia(Frederick County Tax Map No.53-A- 68) [hereinafter the"Medical Center Property],and being a portion of the land conveyed to Medical Center by Instrument No. 00-0012098 in the Office of the Clerk of the Circuit 00 "? Court of Frederick County,Virginia.By that certain Deed of Dedication dated March 11, 2008,recorded in the aforesaid Clerk's Office as Instrument No.080006461 (hereinafter 0 < z the"Deed of Dedication'),the Medical Center dedicated to the County of Frederick, Virginia the public roadway known as Botanical Boulevard(hereinafter`Botanical Boulevard")as shown and described on the Plat of Survey drawn by Kirk W.Norton, L.S.,dated March 20,2007 attached to and recorded with said Deed of Dedication (hereinafter the"Norton Plat"). R-2. Johnson is the owner in fee simple of three(3)certain tracts of land situate in Gainesboro Magisterial District and adjacent to the West of the Medical Center Property and EEXHIBIT I- ce) identified as Frederick County Tax Map Nos. 53-A-75, containing approximately 1.00 acres;53-A-76, containing approximately 1.00 acres;and 53-A-77,containing approximately 0.84 acres(hereinafter the"Johnson Parcels"). R-3. CRT is the owner in fee simple of a certain tract of land situate in Gainesboro Magisterial District and adjacent to the West of the Medical Center Property and identified as Frederick County Tax Map No. 53-A-74,containing approximately 1.25 acres (hereinafter the"CRT Parcel'). R-4. The Medical Center Property is subject to,and benefitted by,Master Development Plan #06-04 approved by the Board of Supervisors of the County of Frederick,Virginia June 9, 2004,and the Johnson Parcels and the CRT Parcel are jointly entitled to access to Botanical Boulevard across a portion of the Medical Center Property as evidenced by the following notation appearing on Sheet 4 of the Norton Plat recorded with the Deed of Dedication: "ENTRANCE TO RESIDENTIAL USE AREAS SHALL BE GRANTED BY WINCHESTER MEDICAL CENTER AFTER FUTURE REZONING PETITION,TRANSPORTATION IMPACT ANALYSIS AND PROFFERS FOR THOSE AREAS ARE APPROVED BY VDOT AND FREDERICK COUNTY." R-5. The Johnson Parcels and the CRT Parcel,together and jointly,were rezoned from RA (residential use)to B2(commercial/business use)pursuant to Frederick County Rezoning 08-08 approved by the Frederick County Board of Supervisors on October 22,2008. R-6. The Medical Center desires to grant to Johnson and CRT,and Johnson and CRT desire to have granted to them for the use and benefit of,respectively,the Johnson Parcels and the CRT Parcel,the easements as described herein. 2 co CV) T EUKLPQIR�,Llk Rl"�MNQTPUC",, ()N INNTG111'41- T 17 g. FC3_.,'JE-, 0 F E EI 1;Z,n�7'S N I I 7tiiat for and"in considerartion of-+he Recitalsaund gfillm;premises and&ie bene'U's, at-ivnll accni.te by reassor,hereo-[7,fitid in ("onsideration of-the sum of Olic Dollar($11.00)cash 11,1 hare'paid and other vah'i.tibAe consirkzouonreceib pt whereof is hereby acknowledged,the Medical Center does hereby€x ant and convey unto Johnson,as an appurtenance to and for the use and benefit of the Johnson Parcels,and unto CRT,as art appurtenance to and for'lie use and benefit of the CRT Parcel,with general warzf-inty of title, tbiree(3)temporaxy construction easements being--criore particularly shown and described as follows: L that area of land shown and depicted as"PROPOSED 50' X 30' TEMPORARY CONSTRUCTION EASEMENT"on Sheet 2 of the Easement Plat; ii. that area of land sho�rn and depicted as"PROPOSE:D Ifo" X 40' TEMPORARY CONSTRUCTION EASEMENT"on Sheets 2 and 3 of the Easement Plat;and M1. that are of land shown and depicted as"PROPOSED,TE-114PORARY CONSTRUCTION EASEMENT"on Sheet 4 of the Easement Plat on the attached"Plat Showing Nancy R.Johnson/CRT Properties Access Easement& Temporary Construction Easements on the Property at Wirchester Jyfedicd Center"prepared by David F. Spriggs, L.S. of Painter-Lewis P.L.C.dated September 9,20,20,revised____. (hereinafter I e ing tA (here "Easement Plat"),a copy of which is attached hereto and incorporated herein by reference. Such temporary construction casements are for the purposes of the installation,construction and maintenance of utilities(including water and sewer lines and related facilities and infrastructure), for the purposes of the installation,construction and maintenance of drainage facilities for the channeling, managing and containing surface and stonnwater drainage,and(on and within the"PROPOSED 160, X 40' TEMPORA-1*1,Y'CONSTRUCTION EASEMENT"only)for the installation,construction and maintenance of a roadway and related infrastructure providing pedestrian and vehicular access to and from the Johnson Parcels and the CRT Parcel from and to Botanical Boulevard. 3 M ch Johnson and CRT,and their respective successors and assigns,and their agents, shall have full and free access to and use of the Temporary Construction Easements,as needed,to enter upon the respective easement areas to the extent necessary for and during the initial construction,installation and laying out of utility lines and related facilities,drainage facilities,and roadway and related facilities,with the right to trim,cut and remove trees, shrubbery,fences,or other obstructions within the Temporary Construction Easement areas which might interfere with the proper efficient use of the Temporary Construction Easement areas for the purposes described herein;provided,however,that Johnson and CRT,at their own expense,shall restore,as nearly as possible,the Temporary Construction Easement areas to theiurespective conditions existing prior to the construction activities,including the back-filling of trenches and the re-seeding of grassy areas.Johnson and CRT,jointly and severally,agree to indemnify and hold Medical Center harmless from any and all costs,expenses,liens,encumbrances or charges arising from the use of the Temporary Construction Easements and the rights granted herein to Johnson and CRT. The"PROPOSED 160' X 40' TEMPORARY CONSTRUCTION EASEMENT"is also granted for purposes of the construction and installation of an access road. The temporary construction easements granted hereby shall expire and terminate when the original construction activities within the respective temporary construction easement areas have been completed.At such time(s),as required by the applicable regulatory entities or utility companies and upon request from Johnson and CRT,the Medical Center covenants and agrees that it shall,all to be within the temporary construction easement areas,grant: a. to the Frederick County Sanitation Authority d.b.a Frederick Water a permanent easement for water and sewer lines and related facilities; b. to other affected utility companies or providers permanent utility easements for utility lines and related facilities;and C. to Johnson and CRT permanent easements for the drainage facilities. 4 C) &CCESS IZASEATEI\TT za-F,-i7,mFOI-ZE,mm SSEInH;�--, Tfhat for and in consideration of Recitals and of the premises and ticiebellef Its that Will accmc by reason hereof-,and in considere-ii*o- of the s-um, of One Dollar($1.00)cash in hand paid and otliti,valuable coiLsitieration,rec -iereo -by pt'4, fishe-r acknoviledged,the Medical Center does hereby grit and convey tiLito ichnson,as an'appurtenal-if.t;to and for the-useamd, beneflit cf the Johnson Farcels, one, unto CRT,as an appurtu-nance to and for the use wrod benefit of the C.RT Daurcel,ivitl:general-warranty of title,a permanent rion-exo1usive ingress/e.gress easeinent and right-of-way for vehicular and pede&t-riai ingress and egress from and tc).B&anical Boulevard and shown and depicted as"PROPOSED PERMANIENT ACCESS EASEMENT"on Sheet 3 of the Easement Plat. The ingress/egress emsertatrit and right-of-way granted herein is not presently E. public road, is not presently dedicated to public use,and is not to 1,�e presently maintained by Frederick County,Virginia or by the Virginia Department of Transportation, and is not presently eligible for inclusion into the Virginia secondary system of state highways. Said ingress/egress easement and right- of-way shall be constructed algid naw-r-ii(ained by Tohnson and CRT,and their respective successors and assigns. Johnson and CRT,as the Grantees,join in the execution of this Deed to acknowledge and accept the casements granted herein and the provisions of this Deed. [SIGNA YTJRE PAGE TO FOLLOW] S WITNESS the following signatures and seals: WINCBESTER MEDICAL CENTER, a Virginia non-stock,non-profit corporation By: (SEAL) Name: Title: 03PAGO-0031,TAVEALTH OF VIRGINIA, C;-* ountv of -131/c to-wit: Tiw foregoing instrument vvasacknowledged.before,me on the dw his/her capacity as on behalf of Winchester Medical Center,a Virginia non-stock., non-profit corporation. Notary Public My Commission Expires: Notary Registration No.: 6 COMIMIONWE ALTH OF VIR GWA fir,4 /C," n�� , Ya ( o The foregoing LIstru-RI-en0was fioknowledged beqfio."e:moi--,this d�%y of 2020,by!Shitcy13 1.&hi6scvp Notary Public My Commission Expires: Notary Registration No.: 7 CV) CRT PROPERTIES,LLC, a Virginia limited liability company By: (SEAL) Name: Title: COMMONWEALTH OF VIRGINIA, City/County of to-wit: The foregoing instrument was acknowledged before me on the day of 2020,by ...... in his/her capacity as on behalf of CRT Properties,LLC,a Virginia limited liability company. Notary Public My Commission Expires: Notary Registration No.: NtOohnww iLchn Ind;Botdlkal 111W)'Deed of Fas4anents, 8 f i• UNITY �aA ,` Oto SMIC WNER'S CC?NSENT 9 c THE ABOVE AND FOREGOING NANCY R. JOHNSON\CRT_PROPERTIES ACGESS EASEMENT do TEMPORARY CONSTRUCTION' EASEMENTS ON THE PROPERTY OF WINCHESTER MEDICAL CENTER, AS APPEARING IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. Rr1W,7lWrAJIVf FOR WINGHESTFR MfaICAL CENTfK __..-._.- --•--__.�:_ .__. .._: NOTARY _PUBLIC �� STATE OF, _.,.._.___...... CtiY/COUNTY OF._..._._ _....�__ _.—._. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF- ,—.. .__ T_... 2020. BY: NOTARY PUBLIC MY COMMISSION EXPIRES: F _ _ ..CURVE RAOlUS ;� ARC LENGTH_ DELTA CHORD BEARIING�CHORD LENGTH C1_ 50 OOr 49.79' _ t 57'03 14 S 42'35 59 E _ _ 47 76 S ?1.10 08Nt 47 76 OTE 1) OWNER: WINCHESTER MEDICAL CENTER. TAX MAP: 53-A-68; ZONED: 82MS 2) BOUNDARY INFORMATION HAS BEEN COMPILED FROM EXISTING LAND'RECORDS AND DOES NOT REPRESENT A BOUNDATY SURVEY BY PAINTER-LEWIS,PLC. 3 A PLAT ENTITLED 'PLAT SHOWING DEDICATION OF EASEMENTS AND RIGHTS OF WAY LOCATED ON THE PROPERTY OF WINCHESTER MEDICAL CENTER, INC,)' RECORDED AS INSTRUMENT #060006461. 4) THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE THIS PLAT MAYII, NOT SHOW ALL ENCUMBRANCES, TO THE PROPERTY. { SURVEI'QR'S CERTIFICATE I, HEREBY CERTIFY THAT THE LAND SHOWN ON THIS EASEMENT PLAT IS THE SAME LAND CONVEYED TO WINCHE4TER MEDICAL CENTER (FORMERLY WINCHESTER MEDICAL CENTER, INC,) AS INSTRUMENT #000012098 AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINLk PLAT SHOWING NANCY R JOHNSON\CRT PROPERTIES ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENTS ON THE PROPERTY OF DAVO F. SPRIGS GAINESBORO MAGISTERIAL DISTRICT `* UC No.001853 FREDERICK COUNTY VIRGINIA T . SEPTEM ER -A 2020 �q PAINTER--LEWIS, P.L,C. "4v St> 817 Cedar Creek Grade, Suite SBO . Winchester. Virginia 22601 Tele-(540)662-5792 rte » re=(640)882-5'795 Joh l2(104I328 1 Dratvxn By I>FST u+�as Email• oificeopainterlewls corn L Sliest. 1 of 4 E L0 f j MATCH SHEET 3 J PROPOSED i GVX40' TEMPORARY CONSTRUCTION EASEMENT � k j 7 y x 75-42'pp" 40.00 EX. 20' PRIVATE z STORM DRAIN / r -� 5 EASEMENT # ! Q ° INSTR. NANCY RENNER JOHNSON #080006461 TM53—A-75 ZONED: B2C7Ar USE: RESIDENTIAL C 4 60 tt� 10) Cv it EX. 20' FCSA WATER & SANITARY SEWER o EASEMENT IN X080006461 / WINCHESTER/ MMICAL CENTER TM53--A- d NANCY R JOHNSON ? INSTR. #080006469 TM53—A-76r co j Ni*75`41: 55" W ZONED: B2 3` 00' USE: RESIDENTIAL �i � f EX. 20' PRIVATE j 50.001'"` ,i STORM DRAIN 1 �„ = - EASEMENT PROPOSED TEMPORARY50'X3Q' INSTR X080006461Ir r CONSTRUCTION J`��" �-N 1417'05" E EASEMENT ' 26.92'-,"'- 'l 50.00 .5 75'42'55~ E �...e. r �..... 30.00' S 88•01'52~ W _ NORTHWESTERN PIKE 39.62WATER &� ` US ROUTE 50 SANITARY SEWER R-O--W VARIES EASEMENT PLAT SHOWING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT & PATH TEMPORARY CONSTRUCTION EASEMENTS ' L� t ON THE PROPERTY OF VV 1 h;f H —r IE R M 0/-1 ,qtr•L_ �D F SPRtt;�s , yrs a p%ll_re DAVID . F.001853 GAINESBORO MAGISTERIAL DISTRICT _ FREDERICK COUNTY, VIRGINIA ,rr , � <•� DATE. SEPTEMBER 9 2020_ PAINTER—LEWIS, P.L.C. 617 Cedar Creek Grade, Suite 120 I i Winchester, Virginia 22601 540)682-5792 — Tele:(Email- offiae6peinterievis com 5799 So��# DTawa I> TI c' SVLTAL. p CD t j I l CRT PROPERTIES LLC *• TM53—A-73 EX. 20' FCSA #�•�� 'WATER & ZONED: RA a k SANITARY SEWER .,, USE: RESIDENTIAL EASEMENT `�• � INSTR. #080006461 !. EX. 20' PRIVATE STORM DRAIN EASEMENT .k` INSTR. #0800064&i s 0 tp� IOH SHC.'4 z ._... �x WINCHESTER } � . MEDICAL CENTS TM53-A-68 INSTR. #0800Qff461 75-42'5p- W . 40.00 CRT PROPERTIES LLC TM53-A-74 ZONED: B2 USE: RESIDENTIAL PROPOSED PERMANENT "7 1$ # ►µms+srr s ACCM EASEMENT--.- PROPOSED ASEMENT —PRaPOSED 160'X40' TEMPORARY Rl�rl? caNSTRucTION EASEMENT , * �5 75 0 005'5" E -14 4 Clv C) Il � PLAT SHOWING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT 8tti�L�H TEMPORARY CONSTRUCTION EASEMENTS " ,' ON THE PROPERTY OF y 1 IhF+f^H rc a [=-Fa- M l A►L- Y C:-I N-Y E=-R r DAVID F. SPRIGGS GAINESBORO MAGISTERIAL DISTRICT >! Uc. N0.001853 FREDERICK COUNTY, VIRGINIA on? PtREa $. 20za `D SURAS PAINTER-LEWIS, P.L.C. a 817 Cedar Creek Grade, Suite 120 i Winchester, Virginia 22601 ®IfI� Tele:(340)882-6762 Fax:(540)882-5793 dot" #20041)7..m tirawsa Hy D Emp-M officeopainteriewis.com vasns+ ptS 8hest 3 of 4 _ ,• ti Y/4 T�yj$ ORCy /�' WINCHESTER ' zO '14�,.'�RD / i. �/ MEDICAL CENTER � # � q ` '' Rq TM53-A-66 INSTR. #080006461 FR �` CC x O } sTR�c-Er E , Rq v� Fs �, '44Ra TSS far A T ryt !r PROPOSED 7E ORARY CONERMCTION MEWT C S 81-12'44 -- !,' }`L R FCSA ' WAR & SANITARY SEWER EASEMENT "28 �+ �n.....- INSTR. j �` f r;•13 #080006461 C?`.-°'r ter°, WINCHESTER 't ` ^ MEDICAL CENTER o z. y, o ._ TM83-A-68 / �t° `t INSTR, #08000461 fit}44, 92}� CRT/PROPERTIES LLC . 0" / 0 1 TM53—A 73 'El 1 .. ZONED: RA USE: RESIDENTIAL l a, V /EX* 20' FCSA WATER & SANITARY SEWER 1 EASEMENT ,_: INSTR ua��seer s #080006461 PLAT SHOWING NANCY R. JOHNSON'\CRT PROPERTIES �NLTH ACCESS EASEMENT & r TEMPORARY CONSTRUCTION EASEMENTS r� � ON THE PROPERTY OF FE ivi-Ir i DAVID F. SPRIGGS n GAINESBQRO MAGISTERIAL}DISTRICT Lic• No.001853 FREDERICK COUNTY, VIRGINIA }+ PAINTER-LEWIS, P.L.C, SUR'tV( r 817 Cedar Creek Grade, Suite 120 blob 2 — Winchester. Virginia 22801 eoHz�„ u+ Tele:(640)662-5792 - Fax:(540)882-8783 � # QQMQ'88�Drawa 8p: DF3p cw �cxs` Email• office*painterlevvie.com Sheet 4 of 4 00 THOMASY MOORS -1 .WS10N, P.C. *OF COUNSEL-WILLIAMS MUGLEN 120 ExETEit DjuvE,Sum-,200 POST OFFICE Box 2740 WINCHESTER,VA 22604 *THOMAS MOORE ILAwsoNXOM TELEPHONE: (50)"5-0050 FAcsim[LE:(540)7224051 September 18,2020 Roderick B. Williams, Esquire Office of the County Attorney Mike Ruddy,AICP, Director Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 Re: Rezoning#06-19-Winchester Medical Center Our File No. 1376.001 VIA E-MAIL Gentlemen: This is a follow-up to my call with Rod Williams and responding to e-mails regarding the above-referenced proffer amendment. This is to confirm that Winchester Medical Center is still working with its neighbor regarding additional language pertaining to a future access. Although very positive discussions have occurred, no final agreement has been reached at this point in time. Accordingly, this is to request on behalf of the Owner that the hearing for the proffer amendment be continued at the earliest to the Board's October 28, 2020 meeting. I understand from my discussion with Rod Williams that with this correspondence, Staff will withdraw the matter from the September 23, 2020 Board of Supervisors agenda and continue the matter to a date that is agreed upon by the parties, but in any event no earlier than October 28h. Thank you for your continued assistance and cooperation. If you have any questions,or if anything fin-ther is required to reschedule this matter,please contact me immediately. Ve yours'.. Tho Moore Lawson TML:atd cc: Valley Health System CO ORDINANCE w �' w s�pee^ Action: 1738 PLANNING COMMISSION: December 18, 2019 Recommended Approval BOARD OF SUPERVISORS: January 8, 2020 Postponed BOARD OF SUPERVISORS: January 22, 2020 Postponed BOARD OF SUPERVISORS: February 26, 2020 Postponed BOARD OF SUPERVISORS: March 11, 2020 Denied BOARD OF SUPERVISORS: April 8, 2020 Denial Rescinded BOARD OF SUPERVISORS: September 23, 2020 Postponed BOARD OF SUPERVISORS: November 12, 2020 Pending ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 906-19 WINCHESTER MEDICAL CENTER, INC. WHEREAS, REZONING #06-19, Winchester Medical Center, was submitted by Valley Engineering, PLC on behalf of Winchester Medical Center, to revise the proffered Generalized Development Plan and text that were approved with Rezoning#02-03 for 37.5424+/- acres zoned B2 (General Business)District and 51.8675+/-acres zoned MS(Medical Support)District,all as shown on the proffer statement bearing signature date of April 17,2020. The subject property is on the northern side of Route 50 West and west of Route 37 in the Gainesboro District and is identified by Property Identification No. 53-A-68; and WHEREAS,the Planning Commission discussed this rezoning at their December 18, 2019 meeting and recommended approval; and WHEREAS, the Board of Supervisors discussed this rezoning at their January 8, 2020, January 22, 2020,February 26, 2020, and March 11, 2020 meetings and, at their March 11, 2020 meeting, denied the application and at their April 8, 2020 meeting rescinded this denial; and WHEREAS,the Board of Supervisors discussed this rezoning attheir September 23,2020 meeting and postponed the item until the November 12, 2020 meeting; 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 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 proffered Generalized Development Plan and text that were approved with Rezoning#02-03 for 37.5424+/- acres zoned B2 (General Business)District and 51.8675+/-acres zoned MS(Medical Support)District,all as shown on the proffer statement bearing signature date of April 17,2020. The subject property is on the northern side of Route 50 West and west of Route 37 in the Gainesboro District and is identified by Property Identification No. 53-A-68. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 12th day of November 2020 by the 149 following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Gene E. Fisher Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. 945-20 150 THOMAS MOORE LAWSON, P.C. *OF COUNSEL,-WILLIAMS MULLEN 120 EXETER DRIVE,SUITE 200 POST OFFICE BOX 2740 WINCHESTER,VA 22604 *THOMAS MOORE LAWSON•TLAWSONnR LSPLC.COM TELEPHONE: (540)665-0050 FACSIMILE:(540)722-4051 November 5, 2020 Charles S. DeHaven, Jr., Chairman At-Large Shawn L. Graber, Back Creek Supervisor J. Douglas McCarthy, Gainesboro Supervisor Robert W. Wells, Opequon Supervisor Blaine P. Dunn, Red Bud Supervisor David D. Stegmaier, Shawnee Supervisor Judith McCann-Slaughter, Stonewall Supervisor Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 Re: Rezoning#06-19-Winchester Medical Center Our File No. 1376.001 VIA E-MAIL Dear Ms. McCann-Slaughter and Gentlemen: As you know, the above-referenced Proffer Amendment is scheduled to be heard by the Board of Supervisors on November 12th. Speaking with Planning Staff about the most recent Proffer language, it became apparent that an update ought to be provided to the Board and included in your packets in preparation for the Board meeting. Please allow this letter to serve as that update. In your packets, there is a prior Proffer Statement which provides for access for the adjoining properties owned by Mrs. Johnson and Mrs. Turner. Subsequent to that another Proffer Statement was prepared and circulated, enclosed and incorporated herein as "Exhibit A," and which provides in relevant part: The Owner proffers to convey one joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. Such easement shall be in a location directly across from Marriott Drive with a maximum width of fifty feet (50'). Should the owner(s) of the properties west of Botanical Blvd. require any additional property from the Owner, such adjoining property owner(s) would need to obtain approval and agreements from the Owner. It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals and permissions to N Frederick County Board of Supervisors November 5, 2020 Page 2 include, but not be limited to, signalization andibr other items associated with obtaining approval for such entrance to Botanical Blvd. It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit currently placed on this parcel. That language was submitted not only to Planning Staff for your files but also to the adjoining property owners and their attorneys for their review, consideration and acceptance. What occurred in response to that was a series of meetings involving attorneys, engineers and representatives of Winchester Medical Center. There was also a plat prepared by an engineer on behalf of Mrs. Johnson and Mrs. Turner asking for an access easement that is 160 feet wide and also other utility easements at the northern and southern portions of the Winchester Medical Center property. A copy of said plat is enclosed and incorporated herein as "Exhibit B." Certainly all would agree that the utility easements have nothing to do with the issue at hand which is access. We also believe that reasonable minds would agree that a 160 foot wide access easement is not necessary in order to allow for an entrance into the properties owned by Mrs. Johnson and Mrs. Turner. Notwithstanding, I believe both property owners have agreed that any final agreement will provide for a wider temporary construction easement and the final permanent easement will be determined and platted once a final design has been agreed to and prepared. This is further to let the Board of Supervisors know that despite its concerns regarding the plat, Winchester Medical Center has agreed to have further meetings with the adjoining property owners to determine if there is some size of easement to which all can agree. Any matters proposed or discussed in those meetings will have to be presented to the Winchester Medical Center Board for its review, consideration and approval. My client remains committed to pursuing this process. We trust that the adjoining property owners and their representatives are also committed to this process. With all of the above said, the issue pending before the Board of Supervisors is a Proffer Amendment and an administrative revision to a Master Development Plan. The issues pertaining to the same are in fact the subject of the Board of Zoning Appeals hearing with an appeal date deadline for the filing to the Circuit Court of Frederick County of November 19. Winchester Medical Center is proceeding with the Proffer Amendment in an effort to legislatively resolve the issues pending and specifically to allow for the development of the Winchester Medical Center property consistent with the zoning approval and for the ability to install by right Medical Services District uses on its property. We reserve all rights on behalf of Winchester Medical Center in that or subsequent legal action. We look forward to the hearing on November 12, and the Board of Supervisors' approval of this Proffer Amendment. We would also expect that the above information satisfies any remaining questions the Board of Supervisors may have had concerning Winchester Medical Center's commitment to working with its neighbors on the access issue. CO Frederick County Board of Supervisors November 5, 2020 Page 3 Thank you for your attention and consideration of this request. As always, if you have any questions, please do not hesitate to contact me. Very trul , Thom s Moore Lawson TML:j k Enclosures cc: Winchester Medical Center Mike Ruddy, AICP, Director of Planning & Development Candice Perkins, AICP, CZA, Assistant Director Roderick B. Williams, County Attorney H. Edmunds Coleman, III, Esquire Bill Shmidheiser, Esquire Nt REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 Revised 01-14-20 and 06-23-20 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 ems., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County zoning Ordinance with respect to conditional zoning,the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #06-19 for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 zoning District, development of the subject 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 Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Develo ment Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development, dated 10-18-19 and last revised 06-23-20, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 1009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement)and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes(#4) as follows: EXHIBIT A L0 L0 At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. At U.S, 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. S. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1800 feet in length and 5 lanes wide,with 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. 8. The Owner proffers to convey one joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. Such easement shall be in a location directly across from Marriott Drive with a maximum width of fifty feet (50'). Should the owner(s) of the properties west of Botanical Blvd. require any additional property from the Owner, such adjoining property owner(s) would need to obtain approval and agreements from the Owner. It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals and permissions to include, but not be limited to, signalization and/or other items associated with obtaining approval for such entrance to Botanical Blvd. It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit currently placed on this parcel. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development dated 10-18-19 and revised 04-09-20 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the U5 Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID"A"). 2. A landscaped green area along the north side of the main entrance. (See ID"A") (#9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dryvit, or other simulated stucco (EFTS), real or simulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement,architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, ti of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of$25,000.00, the Sheriffs Office the sum of$5,000.00 and the Administration Building the sum of$5,000.00 for a total payment of$35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By(Print Name): Mark Baker Signature: Title:VP, Facilities Management and Safety Date: STATE OF VIRGINIA, AT LARGE CITY/COUNTY of ,To-wit: The foregoing instrument was acknowledged before me this day of 2020, by Mark Baker, VP Facilities Management and Safety for Winchester Medical Center. My commission expires Notary Public • 1p d4 WINCHESTER MEDICAL CENTER WEST CAMPUS 74 F c" j ffy 32q . I !R-- IES_." YY6TBp nLp "'AM SO UV�OSfJ4PE BUFFM� �_._TW,pSGWE. BUIDAI� 1 � �MNrE IA = FE I } �! � W ■ 5 ¢ ...:^'4.r. i '$=. ASIGNALIZATION 7� Ora M,51111T,1m1iOR 71�OT�IATTsi y PLANSTAGE OF T14S .j -rsv,�t ,+ � •r r�F�`•Y�i� !• - _ � MR MOf/IQ�bfQ M NOT FOR 00NSTFl1CIlON r '� �; 4 ��+r � iT 3. y ern.mrrwnxro�oolioTl riTrx tied r GENERALIZED x;:U r-AL 1 PLAN OF k s ? vCoate DEVELOPMENT 9 x t + 1 ■ * 4 f w 158 rn LSA i � r a n ti ICINITY MAP Not to S-1- OWNER'S CONSENT THE ABOVE AND FOREGOING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT tk TEMPORARY CONSTRUCTION EASEMENTS ON THE PROPERTY OF WINCHESTER MEDICAL CENTER, AS APPEARING iN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. Bn REPRESENTATIVE FOR VrNCN£STER MEDICAL CENTER NOTARY PUBLIC STATE OF CIN/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2020. BY: NOTARY PUBLIC MY COMMISSION EXPIRES: CURVE IRADIUS I ARC LENGTH I DELTA I CHORD BEARING CHORD LENGTH Cl 1 50.00' 1 49.79' 1 57'03'14" 1 S 42'35'59" E 1 47.76' C2 1 50.00 49.79 57'03'14" 1 S 71'10'09' W 1 47.76' NOTE S 1) OWNER: WINCHESTER MEDICAL CENTER; TAX MAP: 53-A-68; ZONED: B2MS 2> BOUNDARY INFORMATION HAS BEEN COMPILED FROM EXISTING LAND RECORDS AND DOES NOT REPRESENT A BOUNDATY SURVEY BY PAINTER--LEWIS,PLC. 3 A PLAT ENTITLED 'PLAT SHOWING DEDICATION OF EASEMENTS AND RIGHTS OF WAY LOCATED ON THE PROPERTY OF WINCHESTER MEDICAL CENTER, INC.)' RECORDED AS INSTRUMENT #080006461, 4) THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE THIS PLAT MAY NOT SHOW ALL ENCUMBRANCES TO THE PROPERTY. SURVEYOR'S CERTIFICATE I, HEREBY CERTIFY THAT THE LAND SHOWN ON THIS EASEMENT PLAT IS THE SAME LAND CONVEYED TO WINCHESTER MEDICAL CENTER (FORMERLY WINCHESTER MEDICAL CENTER, INC.) AS NSTRUMENT x!000012098 AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA. PLAT SHOWING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT & eNk- TEMPORARY �� TH q�CONSTRUCTION EASEMENTS ON THE PROPERTY OF y WiNCHESTEFl MEMICAL DAVID F. SPRIGGS C E N T E R Uc. No.041853 GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: SEPTEMBER 9 2020 �NO SUR�1� PAINTER-LEWIS, P.L.C. EXHIBIT 817 Cedar Creek Grade. Suite 120 =x Winchester, Virginia 22601 Jab: 2004028 Drawn Tela(640)882-5782 - Fax:(540)862-5793 � aiNEeAs Email: office0painterlewis.com Sheet 1 of 4 C:) HATCH SHE \ \ PROPOSED 160'X40' TEMPORARY CO`UCiION EASEMENT S 75'42'55" = 40.00' iEX. 20' PRIVATE STORM DRAIN / •S g EASEMENT o INSTR. ' q NANCY RENNER JOHNSON 0080006461 TM53—A-75 M j ZONED: 82 USE: RESIDENTIAL ' ' CD h'3 JO Q \ � Q o CQ y EX. 20' FCSA WATER & \ N f l SANITARY SEWER oO1 J EASEMENT INSTR #080006461 3 WINCHESTER o MEDICAL CENTER , TM53--A-6 NANCY R JOHNSON _� INSTR. #0800 6461 TM53—A-76 N 75'4 '55" W ZONED: B2 3 .00' USE: RESIDENTIAL EX. 20' PRIVATE 50.00STORM DRAIN EASEMENT INSTR #080006461 PROPOSED 50'X30' TEMPORARY CONSTRUCTION N 14'17'05" E EASEMENT 26.92' 50 O0' �- S 75'42'55" E 30.00' S 88'01'5?" W E� x 20, FCSA NORTHWESTERN PIKE 39.62 WATER & US ROUTE 50 SANITARY SEWER R—O—W VARIES EASEMENT PLAT SHOWING NANCY R. JOHNSON\CRT PROPERTIES PATH ACCESS EASEMENT & yaE TEMPORARY CONSTRUCTION EASEMENTS ON THE PROPERTY OF y W I N C H E ST E F:k M E E>I C A L DAVID F. SPRIGGS y C E N T E R LIC. 140.001853 GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: SEPTEMBER 9 2020 C9ka Q- suRVO� PAINTER—LEWIS, P.L.C. 817 Cedar Creak Grade, Suite 120 Winchester, Virginia 22601 Tele:(540)662-5792 — Fax:(540)662-5793 Job: #2004028 1 Dram ByA CONSULTING ENGINEERS Email: office®painterlewls.com Sheet: 2 of 4 CRT PROPERTIES LLC ' . / TM53--A-73 WExATER20'&FCSA ZONED: RA SANITARY SEWER / USE: RESIDENTIAL ' EASEMENT INSTR. 1080006461 ' / Ex. 20' PRIVATE / ! ' STORM DRAIN EASEMENT �a INSTR. / #08000646 WTpi SH 4 i N WINCHESTER MEDICAL CENTEP TM53—A-68 ,o INSTR. #08000151461 N 75'42'55" W 40.00 CRT PROPERTIES LLC TM53-A-74 ZONED: B2 USE: RESIDENTIAL +� �v MATCH SHEET 2 PROPOSED PERMANENT o ACCESS EASEMENT . � DA�R��41T PROPOSED 160'x40' TEMPORARY F CONSTRUCTION EASEMENT � 1 S 740 00'5, E CID 3 .3 11 � PLAT SHOWING NANCY R. ,JOHNSON\CRT PROPERTIES ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENTS Qt ON THE PROPERTY OF z WINCHESTER MEE30ICAL. DANAD E SPRI cs a C E NT E R fjc, No.DOt853 GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: SEPTEMBER 9 2020 `4l SUR'X01- PAINTER—LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22801 Tele:(540)882-5792 — Fax:(540)882-5783 Job: 12004028 1 Drawn B37 DFS ENGINEERy Ematl: ofiloe�painterlewls.com Sheet: 3 of 4 N FRUI r AyltL OR / WINCH MEDICAL CENTER ER USe q�Ro: R� / TM53-A-68 _ =U URE � / / INSTR. 080006461 rN _ FREp�R COUk. AI ZOof- NED A'7CNiq SrREUSE'PU. Rq ^/ Er P etc �, r wq�1 RURPOSE's �h / REAS MART �a 0 52 r,Eq rE a S NEQ. -0 PROPO CONSTRUCTION TEMPORARY EASEMEMT S 81.�z, EX. 20' FCSA 48 0044" WATER & SANITARY SEWER EASEMENT 28 0 INSTR. 3 #080006461 WINCHESTER MEDICAL CENTS �roTM53-A-68 r° INSTR. #08000 461 s 6853 � zo4 4 9Z'06 e f Q CRT PROPERTIES LLC /TM53-A-73 It? ZONED: RA v, r 47 USE: RESIDENTIAL 3 O 1 o ' EX. 20' FCSA WATER & SANITARY SEWER ' EASEMENT INSTR. tiu sNr a i #080006461 PLAT SHOWING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT & ����pLTH pl. `/�� TEMPORARY CONSTRUCTION EASEMENTS ON THE PROPERTY OF y WINCHESTER MEE>ICAL 9 DAVID F. �IGG a C E N T S Fi uc. Na.UOi 853 GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: SEPTEMBER 9 2020 CgNo 5���pQ- PAINTER—LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 lob: /2004028 Drawn 8y DFS Tele:(540)882-6792 Fax:(640)682--5793 EHGIREERS Email: cfficeepainterlewis.com Sheet: 4 of 4 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: November 12, 2020 ��Gt• Agenda Section: Planning Commission Business - Other Planning Business Title: Discussion: DRRC-Ordinance Amendment (Backyard Chickens in the RP District) Attachments: BOS 11-12-20DRRC-OA.pdf 163 •r COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Senior Planner' SUBJECT: Ordinance Amendment—Backyard Chickens in RP District DATE: October 28, 2020 This is a request from a private citizen through their Board of Supervisors representative to allow backyard chickens in the RP (Residential Performance)Zoning District. Presently,the keeping of chickens is only allowed in the County's RA (Rural Areas) Zoning District. The proposed amendment would allow single-family detached(SFD)lots 15,000 square feet(SF, or 0.34-acres) or greater to have up to a maximum of six (6) chickens by-right. Roosters, guinea fowl, turkeys and peacocks would be prohibited by this allowance. Additionally, single-family attached lots (townhomes or duplexes),multi-family buildings,and lots less than 15,000 SF would be prohibited from keeping chickens. This amendment would also apply to lots of 15,000 SF or greater in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts as they also follow the RP District"Allowed Uses" list. The Development Review and Regulations (DRRC) discussed this item on September 24th. The primary discussion among the Committee was the appropriate minimum lot size and maximum number of chickens allowed. The DRRC generally supported a minimum lot size of 15,000 SF and a maximum of six (6) chickens stating that the use was intended for hobbyist/personal use only for eggs and meat and not for commercial sale of eggs or meat. The DRRC also supported the proposed supplemental use regulations for enclosures, storage of chicken feed, disposal of waste, screening from neighbors/roadways and making a formal application to the County prior to establishing the use. The Planning Commission discussed the proposed ordinance amendment on October 21St Comments from the Planning Commission were if the proposed$25 application/permit fee should be a one-time fee(as proposed)or a recurring annual fee to cover the County cost for enforcement; and what outreach, if any, should be made directly to homeowner associations about the change in the use that may impact private covenants. The attached document shows the existing ordinance with the proposed changes supported by the DRRC(with bold italic for text added). Staff is seeking direction from the Board of Supervisors on the appropriateness of this request and if the item is ready to be sent forward for public hearing. 164 Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Zoning Ordinance Amendment Cover Letter 3. Resolution MTK/pd 165 Draft Revised 9/25/2020 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses X165-204.33. Backyard Chickens; Chicken Coops in RP Zoning District Backyard chickens and chicken coops located in the RP Residential Performance District shall meet the following requirements: A. The keeping of chickens (hens) shall be permitted as an accessory to single-family detached residential uses and shall be Permitted for Personal use only. The commercial sale of meat or eggs is prohibited. B. The minimum lot size required for single-family detached residential lots to allow chickens shall be 15,000 square feet(SF) or greater corresponding to Frederick County Tax Records and/or a recorded plat. The maximum number of chickens allowed shall be up to six(6) chickens at any one time. Townhomes, duplexes, multifamily buildings,garden apartments, and single-family detached lots less than 15,000 square feet(SF) are prohibited from keeping backyard chickens and chicken coops. C. The keeping of roosters, turkeys,guinea fowl, and peacocks is prohibited. D. Chicken coops shall be located to the rear of the residential dwelling and shall meet the setbacks and building permit requirements for accessory structures in the RP zoning district contained in X165-402.09(M). Where a residential lot is adiacent to common areas(open space), stormwater management facilities, drainage easements, or streams, chicken coops shall be setback at least 15-feet off the edge of the property lines and in no cases shall be located within the limits of any easement. E. Chicken coops are prohibited to-be-located in the front yard setback. Chickens and coops shall not be visible from any public or private road right-of-way. F. Areas designated for chickens (i.e. coops and pens) shall be completely enclosed to provide Protection from Predators.No free-range chickens are allowed. G. All pens and coops shall be kept clean and sanitary at all times. Pens and coops shall be cleaned on a regular basis to Prevent offensive odor. Chicken waste shall be stored in an enclosed container and properly disposed of by the owner. H. Chicken feed shall be stored in an enclosed container in a garage, shed, or residence to discourage pests and predators. L An application, including a sketch of the property and approximate location of the pen or coop, shall be submitted to and reviewed by the Department of Planning&Development prior to the keeping of chickens.An application fee of,$25 is required for processing. *Note:Private covenants and/or homeowner associations may further restrict the keening of backyard chickens/chicken coons and should be carefully reviewed by the Property owner before making an application to the County. 166 July 24, 2020 County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 Dear Mr. Cheran: It has been several years since my initial request to have the ordinance changed in Frederick County RP to allow backyard chickens. Since then both Berryville and Boyce have adopted new changes to their ordinances to allow back yard chickens in residential properties and within city limits. I would like to formally present to the board of supervisors a request to change the current ordinance to allow backyard chickens in the Frederick County area that is currently zoned residential. In the early twentieth century backyard chickens were common across America.They were not just permitted they were encouraged. By the middle of the twentieth century food production had become industrialized.At the same time following WWII,the modern American suburb was born and backyard chickens became less and less. Today, with growing interest in the local food movement and adopting a simpler more sustainable way of life, backyard chickens are back in fashion. The current pandemic situation which has limited access to food and some necessities makes it is even more evident that having our own food available is critical. The benefits of having backyard chickens include but are not limited to: Healthy fresh eggs Great fertilizer for gardening and new plant growth Insect control Educational value Minimize waste by feeding chickens table scraps,avoiding excess waste in our landfills Local self-sustainability food system Revenue to the county Save Heritage breeds Cheap and easy to care for Source of therapy for Autism and elderly with dementia Feeding the hungry Some negative thoughts on backyard chickens include: Purchase of coop can be expensive 1 167 Smell Noise Daily maintenance I would like to purpose that the ordinance be changed to allow backyard chickens in Frederick County residential areas with the following guidelines: No Roosters (limits noise issue) No free-range chickens allowed Clean well-maintained coop (it takes 6 hens to produce the same amount of waste as one domestic dog) Coop and run must be kept at least 15 feet from other properties Fresh water and food available to the chickens always Initial inspection of coop and living conditions for the chickens (Must provide a fenced in run) Chicken owners would take a one-hour class on how to properly care for chickens (Virginia Tech Agriculture program offers classes) No slaughtering of chickens on property Application for a permit with an annual fee of$40 (revenue for the county) If the Board of Supervisors are reluctant to make a final decision regarding this request I would ask for a consideration to approve a PILOT program. A one-year pilot to see if the change would be a positive decision. I request to be the recipient of the pilot. It would allow me to keep my chickens and work with implementing the permit and guidelines outlined in my proposal. I am interested in working with government officials to assist in any way I can so they are not burdened with more work. Please let me know what the next step is in addressing this issue and presenting my case to the board. My contact information: Phone: (540)336-7106 Email: slrr(cDcomcast.net I truly appreciate your attention regarding this matter. Respectfully Submitted, Sherry Riley Resident of Frederick County, VA Opequon District 207 Montgomery Circle Stephens City, VA 22655 2 168 }i APR P 020 COUNTY of FREDERICK Board of Supervisors 540/665-6382 5401667-0370 Fax Charles S.DeHaven,Jr.—Chairman Robert W.Wells Gene E.Fisher—Vice Chairman Opequon District Shawnee District Blaine P.Dunn Gary A.Lofton Red Bud District Back Creek District Judith McCann-Slaughter Bill M.Ewing Stonewall District Gainesboro District DATE: APRIL 6, 2020 TO: County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, Virginia 22601 ATTENTION: Mr. Mark Cheran FROM: Bob Wells, Frederick County Board of Supervisors, Opequon District SUBJECT: "chickens" Frederick County Ordinance 165.101.08 Mr. Cheran: I have recently received an e-mail from Sherry Riley, resident of Frederick County, Opequon District, 207 Montgomery Circle, Stephens City, Virginia 22655 requesting me to notify Planning that she would like to begin the procedure (s) necessary to request that the current ordinance #165.101.08 be changed or amended so that she would be allowed to have chickens at her home located at 207 Montgomery Circle in Stephens City. You may or may not recall but Mrs. Riley was sent a violation notice in 2017 for having chickens. She complied with the notice and had the chickens removed but also presented a written request to have this Ordinance changed so that chickens would be allowed. This request went to planning and to Code and Ordinance and the request was denied. Mrs. Riley is hoping that this time her request will be accepted and implemented. Robert W. Wells, Supervisor, Opequon District 107 North Kent Street 0 Winchester,Virginia 22601 4�GK CO w aarni 173E Action: BOARD OF SUPERVISORS: November 12, 2020 IJ APPROVED IJ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165,ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIOS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES WHEREAS, an ordinance to amend Chapter 165, Zoning — to allow backyard chickens in the RP (Residential Performance), R4 (Residential Planned Community) and R5 (Residential Recreational Community)Zoning Districts; and WHEREAS,the proposed amendment would allow up to a maximum of six (6) chickens only on single-family detached lots 15,000 square feet or greater; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their September 24, 2020 regular meeting; and WHEREAS,the Planning Commission discussed the proposed changes at their regularly scheduled meeting on October 21, 2020 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on November 12, 2020; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick 170 County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to address the backyard chickens in the RP (Residential Performance) District. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to address the backyard chickens in the RP (Residential Performance) District. Passed this 12th day of November 2020 by the following recorded vote: This resolution was approved by the following recorded vote: Charles S. DeHaven, Jr., Chairman Blaine P. Dunn Shawn L. Graber Judith McCann-Slaughter Gene E. Fisher Robert W. Wells J. Douglas McCarthy A COPY ATTEST Kris C. Tierney Frederick County Administrator 171