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HomeMy WebLinkAboutApril 10 2024 Regular Meeting Minutes 316 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 10, 2024 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Josh E. Ludwig, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert W. Wells; Blaine P. Dunn; Heather H. Lockridge; John F. Jewell; and Robert T. Liero were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technologies; Wyatt Pearson, Planning Director; John Bishop, Assistant Director of Planning; Tyler Klein, Senior Planner; Mark Cheran, Zoning & Subdivision Administrator; Amy Feltner, Planner; Bill Orndoff, Treasurer; Tonya Sibert, Commissioner of the Revenue; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Ludwig called the meeting to order at 7:00 p.m. INVOCATION Pastor Andrea Rogers of Hope Valley Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved for the adoption of the draft agenda with the removal of the following items: Appointment and Reappointments to the Frederick-Winchester Service Authority and the Frederick Water Board. The motion was seconded by Supervisor Lockridge. Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 317 Chairman Ludwig suggested the Board have a work session to discuss various issues, including the Frederick Water Board's structure, before reappointing the members whose terms are expiring. By consensus, the Board agreed to a joint work session. The agenda was adopted on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye CITIZEN COMMENTS Lora Evans, West Virginia resident and sister of the resident appealing a decision of the subdivision administrator, addressed the Board regarding the subdivision appeal on the agenda. She said no right of way exists. Lillie Heflin, Back Creek District, said she is appealing the decision of the subdivision administrator. She said the issue has not been listened to or understood. She said the road in question is not passable. Rick Evans, Back Creek District, spoke about the appeal saying there is no proof that a right of way exists. Ed Johnson said he was the surveyor who prepared the plat for Mrs. Heflin, and he found no evidence that right of way exists. ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Jewell seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye -Approval of Minutes of Work Session & Regular Meetings of March 27, 2024—CONSENT AGENDA APPROVAL Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 318 -Approval of Minutes of Work Session of April 3, 2024—CONSENT AGENDA APPROVAL -Acceptance of the Transportation Committee Report of March 25, 2024—CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of the Public Works Committee Report of March 26, 2024 —CONSENT AGENDA APPROVAL,Appendix 2 - Resolution Affirming Commitment to Fund the Locality Share of Projects Under Agreement with The Virginia Department of Transportation and Provide Signature Authority—CONSENT AGENDA APPROVAL RESOLUTION AFFIRMING COMMITMENT TO FUND THE LOCALITY SHARE OF PROJECTS UNDER AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND PROVIDE SIGNATURE AUTHORITY WHEREAS, the County of Frederick is a recipient of Virginia Department of Transportation funds under various grant programs for transportation-related projects;and WHEREAS, the Virginia Department of Transportation requires each locality, by resolution, to provide assurance of its commitment to funding its local share; THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of the County of Frederick hereby commits to fund its local share of preliminary engineering,right-of-way,and construction (as applicable)of the project(s)under agreement with the Virginia Department of Transportation in accordance with the project financial document(s);and BE IT FURTHER RESOLVED that the County Administrator and/or his/her designees are authorized to execute all agreements and/or addendums for any approved projects with the Virginia Department of Transportation. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn said at his recent town hall there was a discussion of options for addressing a budget deficit and the most palatable to those attending was a proposed $0.01 sales tax which has since been vetoed by the Governor. + + + + + + + + + + + + + + COUNTY OFFICIALS RESOLUTION SETTING TAX RATES FOR THE 2024 ASSESSMENT YEAR—APPROVED Vice Chairman Slaughter moved for the adoption of the Resolution Setting Tax Rates for the 2024 Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 319 Assessment Year. Supervisor Lockridge seconded the motion. Supervisor Dunn noted the motion dealt with revenue but that expenditures were not included. He said there is a $15 million deficit and the proposed budget will use capital funds to cover operating costs. He asked the members of the Board and the Finance Committee to offer specific suggestions to reduce costs. Chairman Ludwig said the Finance Committee does not determine the budget for the County. He added that he was happy not to have a tax increase. Supervisor Dunn said he wants taxes to be low but that the tax rates should be packaged with the budgeted expenses. Supervisor Wells said he was not in favor of the budget as presented and had great concerns about using capital funds to cover operating expenses as was done last year and is proposed again this year. The resolution setting the tax rates carried on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye 2024 ASSESSMENT YEAR TAX RATES RESOLUTION WHEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on March 27, 2024, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. BE IT RESOLVED that the Board of Supervisors of the County of Frederick,Virginia,does herein adopt the tax rates for the 2024 assessment year as follows: Property Taxes—Rates per$100 of assessed value $0.51 Applied to real estate,including mobile homes Applied to personal property and business use vehicles $4.23 $4.86 Applied to business equipment assessed at 30%of original cost Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 320 $2.25 Applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department $0.01 Applied to aircraft Zero tax Applied to antique vehicles and mopeds $2.00 On declining values to be applied to machinery and tools.The declining values are 60%for year one,50% for year two,40%for year three,and 30%for year four and all subsequent years. $2.00 On apportioned percentage of book values to be applied to Contract Classified Vehicles and equipment Computer Equipment&Peripherals used in a Data $1.25 Center.The declining values are 50%for year one,35% for year two,20%for year three, 10%for year four and 5%for year 5 and subsequent years. Business and Professional Occupational License Rates Contractors $0.16 per$100 of gross receipts Retail $0.20 per$100 of gross receipts Financial,Real Estate,and Professional $0.58 per$100 of gross receipts Services Repair,personal and business services and all $0.36 per$100 of gross receipts other businesses and occupations not specifically listed or exempted in the County Code Wholesale $0.05 per$100 of purchases The tax rates for other businesses and occupations specifically listed in the County Code are also unchanged. Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 321 Other General Taxes Meals tax 4%of gross receipts Transient Occupancy tax 3.5%of gross receipts Vehicle License Taxes $25 per vehicle and$10 per motorcycle Sanitary Landfill Fees $55 Per ton for commercial/industrial $50 Per ton for construction demolition debris $24 Per ton for municipal waste $42 Per ton for municipal sludge $20 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190 Unimproved Lots $660 Improved Lots Lake Holiday Sanitary District Taxes $544 Buildable Lots $212 Unbuildable Lots Lots owned by Lake Holiday Country Club,Inc. $0 Buildable Lots and Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Street Light Fees Oakdale Crossing$35 annually Fredericktowne$45 annually Green Acres$25 annually + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 322 TRANSFER FROM CAPITAL FUND TO FCPS TO ELIMINATE FALL 2024 BORROWING — DENIED Supervisor Dunn moved for a $3.5 million transfer from the Capital Fund to the Schools for their Construction Fund to eliminate the need to borrow$3.5 million in the fall of 2024. Supervisor Wells seconded the motion. The Board discussed the interest rate and the desire to know of other budget needs before spending capital funds. The motion to transfer failed on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero No John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter No + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS WENDY DORSEY APPOINTED TO CONSERVATION EASEMENT AUTHORITY—APPROVED Vice Chairman Slaughter moved for the appointment of Wendy Dorsey to the Conservation Easement Authority to fill a vacant 3-year term ending April 12, 2026. Supervisor Lockridge seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye GRETTEL VARGAS REAPPOINTED TO EXTENSION LEADERSHIP COUNCIL -APPROVED Vice Chairman Slaughter moved for the reappointment of Grettal Vargas to the Extension Leadership Council as at-large representative for a 4-year term ending April 24, 2028. Supervisor Lockridge seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 323 Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE APPOINTMENTS—APPROVED Chairman Ludwig said he had questions about the Development Impact Model Oversight Committee. Planning Director Pearson explained the purpose and membership of the committee. The Chairman suggested delaying the appointment until he could learn more. Supervisor Jewell moved to appoint the following to one-year terms on the Development Impact Model Oversight Committee: Michael Bollhoefer- County Administration Representative John Jewell - Board of Supervisors Representative Judith McCann-Slaughter- Board of Supervisors and EDA Rep. Tim Stowe - Planning Commission Representative Elizabeth Kozel - Planning Commission Representative Stephen Pettler-Top of Virginia Building Assoc. Rep. David Frank- Top of Virginia Building Assoc. Rep. Miles Adkins - School Board Representative Scott Sturdivant- School Board Representative-Alternate The motion, seconded by Supervisor Dunn, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter No + + + + + + + + + + + + + + PUBLIC HEARINGS (Non Planning Issues) PROPOSED REDBUD ROAD, MILBURN ROAD, AND MCCANNS ROAD THROUGH TRUCK RESTRICTIONS -APPROVED Assistant Planning Director John Bishop reviewed the proposal saying it followed numerous citizen concerns related to increasing truck traffic on these roadways and associated safety and maintenance concerns. He explained the staff evaluation of the proposal and discussed the time needed to implement the restrictions. Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 324 Chairman Ludwig opened the public comment period. Robert Boden, Stonewall District, spoke in support of the proposed truck restrictions. Dawn Manausa, Stonewall District, spoke in support of the proposed truck restrictions. Chairman Ludwig closed the public comment period. Vice Chairman Slaughter moved in the interest of public health, safety, general welfare, that the Board request that the Commonwealth Transportation Board consider restricting through truck traffic on Redbud Road, Milburn Road, and McCanns Road. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD ENACT THROUGH TRUCK RESTRICTIONS ON REDBUD ROAD(VA ROUTE 661),MILBURN ROAD(VA ROUTE 662),AND MCCANNS ROAD(VA ROUTE 838) WHEREAS,Redbud Road,Milburn Road,and McCanns Road are experiencing increasing levels of truck traffic leading to maintenance and safety concerns; and WHEREAS,Milburn Road and McCanns Road are unpaved and too narrow to allow opposing traffic when one of the vehicles is a truck; and WHEREAS,the majority of Redbud Road is more narrow than the VDOT 2-lane road standard; and WHEREAS,Redbud Road has a surface treatment that is insufficient to support truck traffic and has numerous sharp turns and grades; and WHEREAS,the Frederick County Board of Supervisors has identified that an alternate transportation route exists via US Route 11 to Interstate 81 to VA Route 7; and WHEREAS,in accordance with Section 46.2-809 of the Code of Virginia,the Frederick County Board of Supervisors has conducted a public hearing on April 10, 2024, to obtain public comments on restricting through truck traffic on Redbud Road,Milburn Road,and McCanns Road; and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restriction by the appropriate local law enforcement agency. NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors in the interest of public health, safety, general welfare, requests that the Commonwealth Transportation Board, or its designee, consider restricting through truck traffic on Redbud Road,Milburn Road, and McCanns Road. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of April 10,2024 County of Frederick, Virginia 325 PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS REZONING #06-23 WINCHESTER GATEWAY—APPROVED Senior Planner Tyler Klein reviewed the request to rezone approximately 34.26-acres of a 71.85- acre parcel from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. He said the proposed rezoning would generally implement uses typically associated with an "industrial" land use designation in the Comprehensive Plan. Mr. Klein noted the Planning Commission recommended approval. He concluded by saying that since the Planning Commission's hearing on March 6th, the applicant has made updates to the proffer statement. Ty Lawson, representing the Applicant, discussed the request with the Board and reviewed the proffers. Kevin Sitzman, Gorove Slade Engineering, discussed the traffic study conducted on behalf of the Applicant. Chairman Ludwig opened the public comment period. Patricia Fox, Back Creek District, said she lives on Apple Valley Road and is concerned about existing truck traffic as well as new traffic if the rezoning is approved. Anna Bradford, Back Creek District, said she lives on Apple Valley Road and is concerned about the proposed second entrance to the site which is across from her driveway. She said screening will not block her view of the development. Chairman Ludwig closed the public comment period. Supervisor Jewell moved to approve Rezoning #06-23 Winchester Gateway. Supervisor Lockridge seconded the motion. The Board discussed the application and its mitigating factors. The motion to approve carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye AMENDING THE ZONING DISTRICT MAP REZONING#06-23 FOR WINCHESTER GATEWAY,LLC WHEREAS, REZONING#06-23 for Winchester Gateway,LLC submitted to rezone approximately+/- 34.26-acres of a Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 326 +/-71.85-acre parcel from the RA(Rural Areas) District to the M1 (Light Industrial) District with proffers. The subject property is located southeast of the intersection of Apple Valley Road and Middle Road, west of Route 37, and are identified by Property Identification Number 63-A-80I in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on January 3, 2024, and tabled action for 60-days;and WHEREAS, the Frederick County Planning Commission held a public meeting on this rezoning on March 6, 2024, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on April 10,2024; 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, and welfare, and in conformance with the Comprehensive Plan; and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in accordance Chapter 165 of the Frederick County Code, Zoning, to rezone approximately+/- 34.26-acres of a+/-71.85-acre parcel from the RA (Rural Areas)District to the M1 (Light Industrial)District with proffers. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + REZONING #01 -24 SINGH TRANS, INC. (GAGANDEEP & M. KAUR) —APPROVED Senior Planner Tyler Klein reviewed the request to rezone This is a request to rezone three (3) parcels totaling approximately +/-7.60-acres from the RA (Rural Areas), Zoning District to the M1 (Light Industrial) Zoning District with proffers to enable the development of a 11,300 square foot (SF) (tractor) trucking repair facility in the Shawnee Magisterial District. He said the Planning Commission held a public hearing on March 6, 2024, and unanimously recommended approval, and he reviewed the latest proffers received earlier in the day. Tyler Austin of Racey Engineering addressed the Board on behalf of the Applicant and discussed sewer conveyance and traffic flow with the Board members. Chairman Ludwig opened the public comment period. No one wished to address the Board. Chairman Ludwig closed the public comment period. Supervisor Liero moved to approve Rezoning #01 -24 Singh Trans, Inc. (Gagandeep & M. Kaur). Supervisor Lockridge seconded the motion. The Chairman and Board members discussed traffic concerns and the expected volume of vehicles using the facility. Minute Book 49 Board of Supervisors Regular Meeting of April 10,2024 County of Frederick, Virginia 327 The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig No Judith McCann-Slaughter Aye AMENDING THE ZONING DISTRICT MAP REZONING#01-24 FOR SINGH TRANS,INC. (GAGANDEEP&M. KAUR) WHEREAS, REZONING#01-24 for Singh Trans, Inc. (Gagandeep & M. Kaur) submitted to rezone three (3) parcels totaling approximately +/-7.60-acres from the RA (Rural Areas), Zoning District to the M1 (Light Industrial) Zoning District with proffers. The subject properties are generally located north of Fairfax Pike (Route 277), approximately '/2 miles east of the intersection of Fairfax Pike and Hudson Hollow Road (Route 636), and are identified by Property Identification Numbers 86-A-174, 86-A-175 and 86-A-176 in the Shawnee Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on March 6, 2024, and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on April 10,2024; 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, and welfare, and in conformance with the Comprehensive Plan; and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in accordance Chapter 165 of the Frederick County Code,Zoning,to rezone three(3)parcels totaling approximately+/-7.60-acres from the RA(Rural Areas),Zoning District to the M 1 (Light Industrial)Zoning District with proffers.The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + REZONING #02-24 FOR WASHINGTON COMMONS (WASHINGTON COMMONS REAL ESTATE LLC)—APPROVED Assistant Planning Director John Bishop reviewed the request to rezone approximately 1.01-acres of an 11.605-acre parcel from the RP (Residential Performance) District to the B2(General Business) District with proffers, the remaining 10.595-acres of the 11.605-acre parcel from B2 (General Business)/M1 (Light Industrial) to B2 (General Business)/M1 (Light Industrial) Districts with proffers, approximately 1.03-acres of a 24.63-acre parcel from the B2 (General Business) District to the RP (Residential Performance) District with proffers, and the remaining 23.60-acres of the 24.63-acre parcel from RP (Residential Performance) to RP (Residential Performance) District with proffers. He said the applicant is requesting to rezoning 1.01-acres Minute Book 49 Board of Supervisors Regular Meeting of April 10,2024 County of Frederick, Virginia 328 from RP to B2 and 1.03-acres from B2 to RP, reshuffling some of the existing by-right development, noting that this will create better access to the B2 parcels than currently exists under the ordinance, by allowing access to the Gateway Drive and Route 7 intersection. He continued by saying the most substantive element of this application is the proffered construction of the comprehensive planned four (4) lane major collector from the Gateway Drive and Route 7 intersection to their southern property line and additionally,the applicant has proffered the value of the Capital Impact Model ($9,912.00 per unit) on the newly rezoned residential acreage and $.10 per square foot fire and rescue proffer for construction within the newly rezoned B2 area. The Board and Mr. Bishop discussed the potential effects for residents in the path of the future collector road and the timeframe for its construction. Chairman Ludwig opened the public comment period. Martha Sparkman, Red Bud District, spoke in favor of the rezoning. Chairman Ludwig closed the public comment period. Supervisor Dunn moved to approve Rezoning #02- 24 for Washington Commons (Washington Commons Real Estate LLC). Supervisor Jewell seconded the motion. Supervisor Lockridge recused herself from deliberation on the rezoning as she owns property adjacent to the site. The motion to approve the rezoning carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Abstain Josh E. Ludwig Aye Judith McCann-Slaughter Aye AMENDING THE ZONING DISTRICT MAP REZONING#02-24 FOR WASHINGTON COMMONS (WASHINGTON COMMONS REAL ESTATE,LLC) WHEREAS, REZONING #02-24 for Washington Commons (Washington Commons Real Estate, LLC) submitted to rezone approximately+/- 1.01-acres of a+/-11.605-acre parcel from the RP(Residential Performance)District to the B2 (General Business) District with proffers, the remaining +/-10.595-acres of the +/-11.605-acre parcel from B2 (General Business)/M1 (Light Industrial) to B2 (General Business)/M1 (Light Industrial) with proffers, approximately+/- 1.03- acres of a+/-24.63-acre parcel from the B2(General Business)District to the RP(Residential Performance)District with proffers, and the remaining +/-23.60-acres of the +/-24.63 acre parcel from RP (Residential Performance to RP (Residential Performance)with proffers.The properties are on the Southern side of the intersection of Gateway Drive and Route 7 and are identified by Property Identification Numbers 54-5-10 and 54-A-111 in the Red Bud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on March 20, 2024, and recommended approval; and Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 329 WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on April 10,2024; 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, and welfare, and in conformance with the Comprehensive Plan; and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in accordance Chapter 165 of the Frederick County Code, Zoning, to rezone approximately+/- 1.01-acres of a +/-11.605-acre parcel from the RP (Residential Performance)District to the B2 (General Business)District with proffers, the remaining+/-10.595-acres of the +/-11.605-acre parcel from B2 (General Business)/M1 (Light Industrial) to B2 (General Business)/M1 (Light Industrial)with proffers, approximately+/- 1.03-acres of a+/-24.63-acre parcel from the B2 (General Business) District to the RP (Residential Performance) District with proffers, and the remaining+/-23.60-acres of the+/-24.63 acre parcel from RP (Residential Performance to RP (Residential Performance)with proffers. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #01-24 FOR CHRISTOPHER NICHOLAS BOWIE—APPROVED Planner Amy Feltner explained the request for a Conditional Use Permit(CUP)for the establishment of a public garage with body repair at 703 N. Pifer Road, Star Tannery, in the Back Creek Magisterial District. She reviewed the recommended conditions to be included if the Board should find the application appropriate. The Board and the Applicant, Christopher Bowie,discussed the proposed hours of operation and the Applicant's statement that he will have no employees on site. Chairman Ludwig opened the public comment period. No one wished to address the Board. Chairman Ludwig closed the public comment period. Supervisor Jewell moved to approve Conditional Use Permit#01-24 for Christopher Nicholas Bowie. Supervisor Lockridge seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye CONDITIONAL USE PERMIT#01-24 PUBLIC GARAGE with BODY REPAIR(Christopher Nicholas Bowie) WHEREAS,CONDITIONAL USE PERMIT APPLICATION#01-24 was submitted by Christopher Nicholas Bowie to allow for a public garage with body repair.The property is located at 703 N.Pifer Road,Star Tannery,Virginia and Minute Book 49 Board of Supervisors Regular Meeting of April 10,2024 County of Frederick, Virginia 330 is identified with Property Identification Number 69-A-35B in the Back Creek District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on March 20,2024 and recommended approval with conditions; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on April 10,2024; and WHEREAS the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety,welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning, Conditional Use Permit#01-24 to allow for a public garage with body repair on the parcel identified with Property Identification Number 69-A-35B is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All parking areas shall have gravel or hard surfaces. 4. The business is not permitted to have employees beyond those residing on the property. 5. The hours of operation shall be from 8 a.m.to 6 p.m.Monday through Friday, 8 a.m.to 12 p.m. on Saturday, and closed Sunday. 6. A maximum of five vehicles awaiting service is permitted. 7. Any expansion or change of use shall require a new Conditional Use Permit. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS SUB#01-24—LILLIE HEFLIN - (APPEAL)— POSTPONED TO MEETING OF MAY 8, 2024 Planning Director Wyatt Pearson provided background information about the appeal of the Subdivision Administrator in the administration of the County Code Chapter 144 Section(s)3 and 37, resulting from the decision of the Subdivision Administrator not to approve a minor rural subdivision for the Heflin parcel, Property Identification Number(PIN)40-A-129. Subdivision Administrator Mark Cheran reviewed the technical aspects of the zoning history and how the parent subdivision was created. The Board and staff discussed whether any homes are accessed from the dirt road in question. Mr. Pearson reminded the Board they were not adjudicating the rights to the road, only whether the decision of the subdivision administrator was correct. He provided the staff perspective on the existence of the right of way. Minute Book 49 Board of Supervisors Regular Meeting of April 10,2024 County of Frederick, Virginia 331 The Board discussed the existing plats that included the road, property owners' rights, setback requirements, and the effect on the future sale of the property in question. Lillie Heflin, Rick Evans, and Ed Johnson explained the appeal. Mrs. Heflin reviewed the history of ownership of the property and said there was an error when the 911 addressing was assigned that required a correction. The Board and Mrs. Heflin discussed the location of the dirt road in question and whether it lies all on private property, the possibility of a utility easement on the site, and whether the road is accessible from other properties. The Board and Mr. Cheran discussed a deadline for a decision. County Administrator Bollhoefer said that only the Board can handle an appeal and that staff cannot make a decision regarding an appeal. The Board discussed whether any other properties would be affected if the appeal were granted. Supervisor Liero suggested visiting the site would be helpful to his decision-making, and the Board discussed postponing a decision. Vice Chairman Slaughter moved to postpone a decision until the May 8, 2024, Board meeting. Supervisor Lockridge seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + BOARD LIAISON REPORTS Vice Chairman Slaughter announced the upcoming Widget Cup and the Explorer Expo sponsored by the EDA. Supervisor Liero announced the Summer Activity Guide has been published by the Parks and Recreation Commission. CITIZEN COMMENTS - None Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 332 BOARD OF SUPERVISORS COMMENTS - None ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 10:12 p.m. Josh E. Ludwig Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 49 Board of Supervisors Regular Meeting of April 10, 2024 County of Frederick, Virginia 333 Board of Supervisors Meeting Minutes of April 10, 2024 - Appendix 1 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, March 25, 2024 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present:Judith McCann-Slaughter Chair(Voting), Will Weber (Voting),Josh Ludwig (Voting), Robert Liero (Voting), Donald Capps (Voting),Tim Stowe, Lewis Boyer(Liaison Stephens City) and Brandon Monk (Voting) participated remotely. Committee Members Absent: None Staff Present:John Bishop,Assistant Director, and Kathy Smith ITEMS FOR INFORMATION ONLY: Route 37 (Eastern Frederick Transportation) Study Project Update: McCormick Taylor, representatives of the firm conducting the study on behalf of the County, updated the Committee on the study progress and the outcome from the public meeting that was held on March 14th. A detailed version of the purpose and needs statement survey was provided to the attendees at the forum in November 2023 and those survey results are completed of those 148 were received,71% of the respondents agreed with the statements as presented. Briefly discussed as potential solutions and areas for further study were a new two-lane roadway between Route 7 and Route 11, an extension of Haggerty Boulevard with widening of Senseny Road to include a center turn lane, new two-lane Roadway between Interstate 81, and Route 522 with an extension of Warrior Drive and the widen of Airport Road from Route 522 to Admiral Byrd Drive to four lanes. The Eastern Frederick Transportation study will be finished in the next few months. Upcoming SmartScale Application Round Update: Staff updated the Committee on the progress of the current applications which are Hayfield Road at Route 50, Back Mountain Road at Route 50, Dicks Hollow and geometric upgrades at Route 50, Gateway Drive Extension with the Intersection at Valley Mill Road, exit 313 with a partial median U-turn, exit 307 Interchange upgrade and Route 37 at Route 50 Interchange. The Proffers attached to the commercial developments of the area within Route 37 at Route 50 Interchange was discussed and this could potentially have some conflict with this SmartScale project. Route 50 Crossover Discussion:Staff met with Commonwealth Transportation Board(CTB),Safety Personnel, VDOT and local business owners at the request of a business owners to discuss the potential closure of the crossover at the Intersection of Route 50 and Victory Road. Additional business owners have been contacted and those discussions were positive for the most part regarding the closure. After discussion all the Committee members were in Concurrence of the request to move forward. Staff has another working group meeting on the request and will be on Minute Book 49 Board of Supervisors Regular Meeting of April 10,2024 County of Frederick, Virginia 334 April 11tH County Project Updates: Renaissance Drive:The construction continues the project with no new specific items to report on. Gainesboro Road/Route 522 Intersection Project: Staff is currently waiting for a determination from VDOT's Innovative Intersection Committee on the signal justification report that was previously submitted. The Innovative Intersection Committee will be meeting on March 291H Route 37 Eastern Frederick Transportation Study:An update was discussed earlier in the agenda. Other: Urqhardt limited access update:The applicant met with VDOT Engineering Department, and they have come to an accord with some additional parameters. Another meeting with the applicant will be scheduled. Truck Restriction Request update: The proposed truck restrictions for Redbud Road, Milburn Road and McCanns Road will be on the agenda for a Public Hearing at the Board of Supervisors April 101h meeting. Upcoming Commonwealth Transportation Board public hearing:The Spring meeting will be held locally on April 23rd at Shenandoah University. Also,the CTB will be meeting July 16th at 9:00 a.m. for a workshop and July 17th at 8:30 a.m. for an action meeting locally at the George Washington Hotel. Minute Book 49 Board of Supervisors Regular Meeting of April 10,2024 County of Frederick, Virginia 335 Board of Supervisors Meeting Minutes of April 10, 2024 - Appendix 2 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, March 26, 2024 8:00 a.m. Public Works Conference Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: Heather Lockridge, Chair;Josh E. Ludwig; Atilla Gergely; Scott Madigan; Shawn Graber Committee Members Absent: None Staff present:Joe C. Wilder, Director of Public Works; Ron Kimble, Landfill Manager; Rod Williams, County Attorney; Mike Stewart, Senior Project Manager (Attachment 1)Agenda Packet ITEMS FOR INFORMATION ONLY 1-Joe Wilder discussed the different divisions of the Public Works department. A question was asked concerning the status of illegal dumping at the county convenience sites. Staff indicated we haven't seen an increase in illegal dumping, but we know some do occur. We discussed the use of video cameras at convenience sites to record license plates of illegal dumpers.There have been previous discussions regarding the use of cameras but the cost to purchase, install and review the camera footage was very expensive.The committee also discussed the use of vehicle stickers to indicate the vehicle is from the county.This topic has also been discussed during past meetings.The management of issuing the stickers is not something that staff could easily do with the limited resources and the added expense. The final conclusion regarding illegal dumping is we are not seeing an increase in illegal dumping. However, if the Board of Supervisors would want the department to consider different options, we can provide a cost analysis. The committee was updated on the Animal Shelter. On March 1, 2024, Christina Tasker was hired as the new manager of the shelter. Christina replaces Kathy Whetzel who recently retired. The shelter has been very busy with many dogs over the last year. A question was asked concerning the status of the shelter and a cat program where cats are spayed/neutered and then released back into the community. We informed the committee that while we support spaying/neutering animals and private organizations, we do not actively participate in this type of program. Some complaints are received from citizens in the community where the cats are released in colonies. There are currently no laws or ordinances in place concerning cats. Minute Book 49 Board of Supervisors Regular Meeting of April 10,2024 County of Frederick, Virginia 336 One suggestion from the committee was for us to look into improving our on-line interface regarding adoptable animals. We could have a more user-friendly website where people could look at available animals, events, etc. Possibly something similar to the SPCA website. We currently have an online website where people can view adoptable animals. We will review that system and see where we can improve it. A memorandum was handed out at the meeting with updates regarding the landfill. Updates were given on the Construction/Demolition Debris (CDD) Landfill construction and permit modification. We also discussed the current tipping fees and indicated we are going to be doing an updated pro forma tipping fee analysis to ensure the landfill has proper tipping fees in place moving into the future to accommodate future expansions. There were discussions about the influx of CDD waste coming in from the increased building construction in our region. The committee discussed making sure the tipping fee analysis addresses the increased costs to the landfill operations from the increased construction debris.The citizens should not have to cover these additional costs related to CDD waste. (Attachment 2) We informed the committee that we will be updating County Code Chapter 143 — Stormwater/Erosion and Sediment Control this year to comply with changes in Virginia regulations. It will mainly be edits to citations and code references. We will bring a draft ordinance to the committee in late Summer/early Fall. Respectfully submitted, Public Works Committee Heather Lockridge Josh E. Ludwig Atilla Gergely Scott Madigan Shawn L. Graber By: Joe C. Wilder Public Works Director JCW/kco Attachments: as stated cc: Michael Bollhoefer, County Administrator Rod Williams, County Attorney Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Christina Tasker, Animal Shelter Manager file Minute Book 49 Board of Supervisors Regular Meeting of April 10,2024 County of Frederick, Virginia