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HomeMy WebLinkAboutAgenda Packet -- April 26, 2005 "- AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS TUESDAY. APRIL 26.2005 7:15 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call To Order Invocation Pledge of Alleaiance AdoDtion of Aaenda: '- Pursuant to established procedures. the Board should adopt the Agenda for the meeting. Consent Aaenda: (Tentative Agenda Items for Consent are Tabs: F and G) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of SUDervisors Comments Minutes: (See Attached) - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A 1. Regular Meeting, April 13, 2005. County Officials: 1. Recognition of 4-H Students. (See Attached) - - - - - - - - - - - - - - - - - - - - B 2. Committee Appointments. (See Attached) - - - - - - - - - - - - - - - - - - - - - - C ,~ AGENDA "- REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS TUESDAY, APRIL 26,2005 PAGE 2 3. Request from the Commissioner of the Revenue for Refunds. (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - D 4. Request from Parks and Recreation Department Re:-Resolution for Grant Application for a 50/50 Matching Grant for a Spray Ground at Sherando Park. (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - E 5. Resolution of Support Re: Shenandoah Valley Regional Water Resources Policy Committee Policy Level Strategic Plan Project. (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F Committee Reports: 1. Parks and Recreation Commission. (See Attached) - - - - - - - - - - - - - - - G '- 2. Code and Ordinance Committee. (See Attached) - - - - - - - - - - - - - - - - - H 3. Finance Committee. (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - Public Hearings: 1. Outdoor Festival Permit Request of Judy A. Beaty - The Spirit Lives On/- Stili the One Musical Festival at Winchester Speedway. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3 C, Permit Required; Application; Issuance or Denial; for an Outdoor Festival Permit. Festival to be Held on Sunday, July 17, 2005, from 10:00 A.M. to 7:00 P.M.; on the Grounds of the Winchester Speedway, 950 Airport Road, Winchester, Virginia. Property Owned by Judy A. Beaty of Centreville, Virginia, Owner and President of Winchester Speedway. (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J 2. Solicit Public Comment on the Declaration of Surplus Property. The Property to Be Considered is Located in the ShawneeLand Sanitary District. The Property Consists of 376 Lots. All Lots are Approximately One-Half Acre (plus or minus) in Size and are not Located in One Specific Area of the Subdivision. A Map Disclosing the Locations of the Lots in Question will be Available at the Frederick County Public Works Department for Review Prior to the Date of Advertised Public Hearing. \.... \.... AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS TUESDAY, APRIL 26, 2005 PAGE 3 3. Voluntary Settlement Agreement Between the Town of Stephens City and the County of Frederick to Solicit Public Comment on the Proposed Voluntary Settlement Agreement Which Includes Phased Areas to be Annexed. The Settlement Agreement, Authorized by Section 15.2-3400 of the Code of Virginia. Provides (i) for the Annexation of Certain Territory of the County to the Town, (ii) for the Development of the Annexation Areas in Accordance with a Jointly Approved Land Use Plan, (iii) for the Grant of Immunity to the County from Annexation for a Period of 15 years, and (iv) for the Transfer of Certain Cash Proffers Received by the Town to the County. (See Attached) - - - - - - - - - - - - - - K Plannina Commission Business: Public Hearinas: \...... 1. Conditional Use Permit #02-05 of Horizon. Holdings, LLC for a Landscape Business. This Property is Located at 3636 Front Royal Pike (Route 522) and is Identified with Property Identification Number 87 -A-88 in the Shawnee Magisterial District. {See Attached) - - - - - - - - - - - - - - - - - - - L 2. Rezoning #03-05 for North Stephenson, Inc., Submitted by Greenway Engineering, to Rezone 79.13 Acres from RA (Rural Areas) District to M1 (Light Industrial) District. These Properties Front on the East side of Martinsburg Pike (Route 11 North) Just North of the Interstate 81 Exit 317 Northbound Off-Ramp, and Immediately Northeast of Redbud Road (Route 661), and are identified by Property Identification Numbers (PINs) 43-A-150; 43-A-151; 43-A-151A; 43-A-152; 43C-3-2; 43C-3-3; 43C-3-4; 43C-3-4A; 43C-3-5; and 43C-3-7 A, in the Stonewall Magisterial District. (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M 3. 2005 - 2010 Agricultural and Forestal District Update. This Public Hearing is to Consider the Renewal of the South Frederick District, and the Double Church Road District. The Renewal of These Districts Will Establish a Total of 6,216 Acres within the Agricultural and Forestal District Program for the Ensuing Five Year Period. Properties that are Incorporated into an Agricultural and Forestal District are Guaranteed Certain Protections as Specified in Section 15.2-4300 of the Code of Virginia. (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - N ',- AGENDA "-- REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS TUESDA Y, APRIL 26, 2005 PAGE 4 4. An Ordinance to Amend the Frederick County Code, Chapter 165; Zoning; Article VI, RP Residential Performance District; Section 63C, Open Space Requirements. This Proposed Amendment Would Enable a Reduction in the Required Open Space When Enhanced Recreation Improvements are Provided. (See Attached) - - - - - - - - - - - - - - - - - - - - 0 Other Plannina Items: 1. Master Development Plan #06-05 of Meadows Edge (formerly the Racey Tract). (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - P 2. Memorandum and Resolution Re: Extension of Water and Sewer Outside of Policy Boundaries - Scothorn and Young Properties. (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Q 3. Buffer Distance Waiver Request - Old Massey Store. (See Attached) R ',,--- 4. Discussion of Rezoning and Master Development Plan Processes. (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - S Board Liaison ReDorts (If Any) 1. Metropolitan Planning Organization (MPO) Status Report. (See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T Citizen Comments Board of Supervisors Comments Adiourn "--- [Fwd: Recognition for some 4-H'ers] Subject: [Fwd: Recognition for some 4-H'ers] From: "John R. Riley" <jriley@co.frederick.va.us> Date: Tue, 22 Mar 2005 14:52:10 -0500 To: jtibbs@co.frederick.va.us Subject: Recognition for some 4-H'ers From: Cynthia Rowles <crowles@vt.edu> Date: Tue, 22 Mar 2005 12:48:44 -0500 To: jriley@co.frederick.va.us CC: Nenskoske@nrahq.org Good afternoon Mr. Riley, I spoke with you at the last County Meeting about some possible recognition from the Board of Supervisors for four 4-H'ers who have recently received national recognition in their project area of shooting education. After talking with their leader, John Venskoske, if we could set something up for April 26th meeting that would be great. I am enclosing some information. If you need anything else, ,just let me know. Sarah Plummer set national records in the following events: Sporter Air Rifle Position 1 Ometer - Women 20 shots Prone, Women 20 Shots Kneeling, & Women 20 Shots Standing for a total of 3 national records. Each national record is personally signed by Mr. Edward Land, Secretary of the NRA. Shawn Holley was the overall best male shooter in Smallbore 3-Position rifle (50ft) and International Air Rifle (standing) in VA and will represent the state at the 2005 National Jr. Olympic Men's Rifle Championships. While in Colorado Springs, Shawn will compete in several competitions and attend several training classes from current/former Olympic shooters. Zach Corder & Ian Pitts will attend the Pistol Championships in air pistol in Colorado Springs. Zach earned the trip by scoring above a certain cutoff point for the nation. Ian earned the trip because of earning the top male air pistol shooter in VA. Both will participate in several competitions and attend several training classes while in Colorado Springs. Thank you for your help in recognize these youth. 10f2 3/22/2005 2:56 PM [Fwd: Recognition for some 4-H'ers] Cynthia Cynthia K. Rowles 4-H Extension Agent Frederick County Extension 107 N. Kent St. Winchester, VA 22601 (540) 665-5699 crow1es@vt.edu 20f2 3/22/20052:56 PM COUNTY of FREDERICK John R. Riley, Jr. County Administrator MEMORANDUM I 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us TO: Board of Supervisors )1~ ~ John R. Riloy, k, County Admini'+ April 21, 2005 FROM: DATE: RE: Committee Appointments Listed below are the vacancies/appointments due through June, 2005. As a reminder, in order for everyone to have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. VACANCIES/OTHER Historic Resources Advisorv Board Brett Boyd - Member-At-Large 108 Carolyn Drive Cross Junction, VA 22625 Term Expires: 05/10106 Four year appointment. (Mr. Brett Boyd has resignedfrom the Historic Resources Advisory Board.) (See Attached Resignation) Rebecca B. Stillwell - Stonewall District Representative 423 High Banks Road Stephenson, VA 22656 Term Expires: 04/12/07 F our year appointment. (Ms. Stillwell has resigned from the Historic Resources Advisory Board.) (See Attached Resignation) Page 1 of 4 107 North Kent Street . Winchester, Virginia 22601-5000 Memorandum - Board of Supervisors April 21, 2005 Page 2 Seth Thatcher - Serves as a Member-At-Large Representative (Seat Should be Opequon District) 122 Wilkins Drive Winchester, VA 22602 Term Expires: 04/12/05 Four year appointment. (Mr. Thatcher has resigned. He was appointed in September, 2003 to fill the vacant seat of Mr. James Fretz, of Opequon District, who passed away. The position was advertised twice for Opequon District, but no applications were received. Due to the fact that a representative could not be found from Opequon District, Mr. Thatcher was appointed as a Member-At-Large.) (See Attached Resignation) (See Attached Application of Ms. Elizabeth Fravel, Opequon District.) Extension Leadership Council Diana L. Heishman - Shawnee District Representative 3029 Front Royal Pike Winchester, VA 22602 Term Expires: 01/14106 Four year appointment. (Diana Heishman has resigned from the Extension Leadership Council.) (See Attached Resignation) MAY 2005 Northwestern Health Systems A~encv - Lord Fairfax Health Council James H. Painter - Frederick County Representative 3591 Apple Pie Ridge Road Winchester, VA 22603 Home: (540)722-9765 Term Expires: OS/22/05 Three year appointment. (Frederick County has one representative on the council. Mr. Painter has served on the council since May, 1996. Staff is waiting to hear from the Health Systems Agency Director Margaret King as to the status of this appointment.) Page 2 of 4 Memorandum - Board of Supervisors April 21, 2005 Page 3 JUNE 2005 Lord Fairfax Emerl!:encv Medical Services Council (LFEMS) Janet Carbaugh, R.N. - Frederick County Representative 115 West Street Stephens City, VA 22655 Home: (540)869-2848 Term Expires: 06/30/05 Three year appointment. (Frederick County has three representatives on the EMS Council. Members serve a three year term in accordance with EMS Council By-Laws. In the past, appointments/reappointments have been forwarded to the Fire and Rescue Association for review and recommendation.) Plannin~ Commission Roger L. Thomas - Opequon District Representative 127 Halifax Avenue Stephens City, VA 22655 Home: (540)869-4904 Term Expires: 06/14/05 Four year appointment. Social Services Board Pamela F. Kennedy - Gainesboro District Representative 108 Pine Hill Drive Winchester, VA 22603 Home: (540)877-1968 Term Expires: 06/30/05 Four year appointment. Page 3 of 4 Memorandum - Board of Supervisors April 21,2005 Page 4 Winchester Rel!:ional Airport Authority 1. Patrick Russell - Frederick County Representative 1612 Welltown Road Clearbrook, VA 22624 Home: (540)662-1000 Term Expires: 06/30/05 Four year appointment. (Frederick County has four seats on the Airport Authority as is in accordance with the Joint Agreement and Memorandum of Understanding. Members serve afour year term.) JULY 2005 No appointments due. JRR/tjp Attachments C:\TJPlcommitteeappnmntsIMemnsIBnardCommitteeApptsMtr.wpd Page 4 of 4 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM I /;s~,?:.>, / ,~'- c:,'\ I ~!'-'.. \ ('~,""',,_-,,' ::\1' 1...'. M.4F~ L - \ {"~. F:e[j(~ii:.i "",; . ./ \r-- Ad.....i "., ....:.__..,~ ~ :..> '", , ! \ ~ j,HnL':)lk.,JI .: ..;,,!L.~ i \ "', Ry ---:;.(-> \i.,'.~. .. ~ .."';;/ '-~' r:' .~ ,...-,.-' / " ,,, ~ F r',':,,:' .' /' -.........~., TO: John R. Riley, Jr., County Administrator cc: Eric R. Lawrence, Planning Director f Candice E. Perkins, Planner II [:4:.4 FROM: RE: HRAB Membership DATE: March 15,2005 '-"-- - One of the Historic Resource Advisory Board members has contacted the Planning Department to resign their position. I have included a copy of the e-mail I received from him. Mr. Brett Boyd - Member at Large Term 05/1 0/2002 - 05/1 0/2006 Please do not hesitate to contact me if you have any questions at (540) 665-5651. CEPlbhd Attachment 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 1 j , 1 of 1 . . Subject: Fw: HRAB From: "Brett Boyd" <brettboyd@verizon.net> Date: Tue, 15 Mar 200512:01:05 -0500 To: <cperkins@co.:frederick.va.us> -- Original Message -- From: Brett Boyd To: c.oerkins@co.frederick.va.us Sent: Tuesday, March 15, 2005 11 :52 AM Subject: HRAB Candice, In accordance with our conversation, this email is to confirm my desire to step down from my appointment with the HRAB. My decision was influenced by my limited time schedule, as well as my disappointment with the Frederick County Board of Supervisors not embracing the HRAB recommendations. I wish you all the members of the HRAB the very best. Sincerely, Brett Boyd 3/15/2005 3 :34 n WINE - STILLWELL ORPORATION - =-."^" 720 N. LOUDOUN STREET, P.O. BOX 2035, WINCHESTER, VIl,GINLt co' G & DEVELOPMENT Ie . . - ::t " I:'; rf" IE L. ,1 l '~\Y\ .\ "'" \I.!J u; -' U'l ,U1! fEB2 2 mO\ . ' OFFICE 54CkS62-4441 FAX 540-722-3643 Dear Lynda: ~.... --~ ..',.! /.' 7.. <. ;t}~~;~<'; '"' ~ ~ .::,::~~\ /.~:.c ~. r." ..'-.....,'.\ //,""\'-\) ~. ,[< C('\.\;,;,v;'..\ / ~. Q.\..V'<v '"_ .' i :2 \" ?-\:JS~ :> ','. .,.,0 ..,,,\:\" ': Ii ~'\'. '" \V ~\"" \ c'. ~t;.\,~. \5 '\".. \,g,. . ~'I>" . ":? 'r-1;,~\'0\S . / ~.;;.. ~'\G" "::';:''''''^. ,;c~ ".jl t q l~, f' .~~ .'~ "'J '~ February 18, 2005 Ms. Lynda Tyler 438 Devi!'s Backbone Overlook Stephenson, VA 22656 Due to the following issues I am resigning my position on HRAB: 1. Frustration with lack of attendance which has left HRAB with no quorum to initiate by-laws or election of a Chairman and a Vice Chairman. 2. Our recommendations go unheeded. This may be due to a breakdown in comnnmication or deliberateness of Developers choosing to do their own thing. Frederick County desperately needs a strong committee to preserve it's historic resources. Perhaps a complete reorganization is needed for HRAB to be heard and to be effective. Sincerely, q~fVP. ~ Rebecca B. Stillwell cc: Ms. Candice E. Perkins, Planner n Frederick County Department of Planning and Development 107 North Kent Street, Suite 202 Wmchester, Vrrginia 22601-5000 ROOFING - GUITER WORK - SHEET METAL FABRICATION COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM I TO: John R. Riley, Jr., County Administrator cc: Eric R. Lawrence, Planning Director Candice E. Perkins, Planner II Clvf FROM: RE: HRAB Membership DATE: April 21, 2005 ~x,,..,,... --flii';iDJlic~r,~!1$<~.- m~ -_ - ~'~'mfflI'}_'1If.I&~ One of the Historic Resource Advisory Board members term has expired, and he has also contacted the Planning Department to resign his position. I have included a copy of the fax I received from him. Mr. Seth Thatcher - Member at Large Term 05/l 0/2002 - 04/l2/2005 Please do not hesitate to contact me if you have any questions at (540) 665-565] . CEP/bhd Attachment 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 rR. -13' 05 IVIED) 09,24 SCHEDULING/ENGRING. TEL:5405428811 P.OOIIOOI April 13, 2005 Candice E. Perkins Planner County ofFreclerick Dept. of Planning and Development 107 North Kent Street Winchester, VA 22601 Dear Candice, I am announcing my resignation from the Historic Resources Advisory Board effective April]3,2oo5. I have taken a new job which precludes me from being able to participate at all in this important worle. 1 have not been able to attend many meetings, but the times that I have attended I have found enjoyable and informative. Sincerely, '- Seth Thatcber 122 Wilkins Drive Winchester, VA 22602 FFlOH :CQl.NTy OF FREDERIC!< 1-540-667-0370 200S.04-12 14'19 1129 P.01/01 INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS . --:) /JiLl-- Gw,/I/'L . (-IPC:OU(').,j DisrrictSupervisor, would like to nominate you to scrvt on the 1-I/~/t'RIt:... ,2,;:{" c-.."ze:e <. f'hJ//d ,,'r'Z- <.J r~ ,',qrzrJ As a bricfpcrsonal introduction to the other Board members. please flU out the infonnation ~uested below for their review prior to filling the appointment. (please Priat Clearly. Thaak You.) Name: Er z. f.1 ~ e.. +413.. F;'-c1,. LIe../ Home Pboae: .fib 9 - if 3 7.f" Office PbODe: f?b 9 - tf t.f 'j cj.- 8'(09' - 4'-199 Emul: fr&l.v'e I Q c:.d."-.f ph ,'0...-., <L + Employer: Fbv<:>ru,1\ +er(DvJne,-) Civic/Community Activities: rnefY\~e,' fVI ladle-low,., {~'n:_ "/ R~c.......~ A,,~y, I". v! \ tv\ "'......... ~ 0<.... T;:e e.. e,.">,\ " , '> ; " IO.AJ'" cf S +t:" 0 kli.,':, ( : t '-(' L" fe.. h."",,? {1'\".-I\ ~ e(- W i .",-~e:l1-e.- r re..J-e.,-,,,-,Z C,,-,!,J"\ +y H " j)~" <..<,-1 Soc.. e;-I~ Will Vo.. Be Able To Attead T",is Committee's Regularly Scheduled M~ng On: 3....d Tv..~s.ja.'1 ()f~ f"v1<T1'/f"I.1 Yes: vI'" No: J Address: P. u. (30 x. (ct 0 S.2 II rl1...,.~ 5.+.- s- -ter:h.€r\" L, t-yVQ. .A,z("j':,- Social SecurityNo,: ,;(:3 1-9fv.-;;J Og'O Occupation: F)e r;!'" t Fax: Do You Forewe ADy Possible Coamcts Or!~terest Whic:b Mi:ht Arise By Your Serving On T.~..bls' OlDmittee? Y.. es: No; v~. ExpIaiD: . . J ~PI~ __~ Adclitioaal (.formation Or Comments Y 00 Would Uke To Provide (If Y08 need more space. please use the reverse side or include additional sheets): ~"'--,v.J +,'\/<2... ....Oi><i'.'-!'eS, Wti-h."" I> ~ T (' I <!-; . ..J..i."I "" " e.. + ~ c . .'\ .- I'c:..:..~ I., , ..s fu r,' c c.! t'e..S' u.-.- ,-(. LS , c~ --1'. .f) Applic:aDt'S Siguatllre:c - rJ . ~. ~/ Date: Nomiastiag Supervisor's Commeats: +-/~- - of;- (Ol~) c..\TJN"on<<.. . ",,"" . u...... REC'O MAR 2 1 2005 Diana L. Heishman 3029 Front Royal Pike Winchester, Virginia 22602 Virginia Cooperative Extension Frederick County Office 107 N. Kent Street Winchester, Va. 22601 g1~ ~>- $ _~?;:\ 1-.';'",,:; <.;_ _ ' ~;:. ~ ":,'- ,q, ";; ( f" \\t.\;C~\..~ \;2, ..,,~ _ '2.0r:P, -> WI!"" ':,(l\\~'\j ;;;. ~e'0~'" , r,ffi\ce :'1 ~\e, t\l~""SJ\ 5 '_'" \'<""~ ,.",<S.\f:,IS . ''"' ",c- tw 'to'! ' / ~/ -<'-' .....r,a lJ WL6SlSg'\7S Attn: Cynthia Marston Dear Ms. Marston. I received your letter concerning the next meeting of the Leadership Council. I will be unable to attend due to a long standing commitment for the first and second Thursday of every month. I feel that due to the fact that I can not attend your meetings because of other commitments I should resign from the council to allow someone who can attend the meeting be appointed. I have enjoyed being on the council. Please accept my resignation effective immediately. My best to you and the council. Sincerely, ~~~ Diana L. Heishman Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, V A 22601 email: emurphy@co.frederick.va.us Telephone (540) 665-5681 Fax (540) 667.6487 i'':": ~ MEMORANDUM TO: FROM: LAWRENCE AMBROGI, COUNTY ATT ELLEN MURPHY, COMMISSIONER RE: MILL WOOD, LLC tla RED ROOF INN DATE APRIL 11,2005 ' Please ask the Board of Supervisors to allow the Treasurer to refund or roll credits as needed for Millwood LLC T/a Red RoofInn, This abatement of tax is due the sale of the business to Mahaveer Inc and adjusts the 2005 business license taxes to the correct amount for the prior owner. The new owner has been properly licensed and paid for the remaining of the 2005 year, The Treasurer needs permission to refund $4,236.91. All information has been verified for this exoneration by staff and is found to be correct. Exoneration for authorization is: $4,236.91. Additional backup is in the Commissioner of the Revenue office. Thank you for taking care of this matter. v/-/ ~-r ~.f~ a/~...;;;:' ~. 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"'0 ~e c." ~~ 1-1- r \.11 0- J <:0 ~ :r . ~ ::.0 VI \ rf\ \r- \ ~ ~';' " ;~ e .. o ... 10" E~ o o ..... \() ,... .. ,. ... .. ~~ III .... " iO c.'" "e :1S ~ "'jjj ~i ~c. ~ 5 :e o I- 1.\ '0 ~ \~1 ~ ~ \~\ ci'Q :s .0 % ~ "~ ~ -% ::: :;>'rco to '"' ~ 1ii .;) s o c t .. .. 11, : ~ 3 'p i <' " .S u. -0 % '" 8 ~ \ ~ '" .s -0 I;; '6 -.. '\ .. eo ~ ~ ~ ~ N) ~ ~ " rJ J., J o ... II ::l jjj :> G, ;: ~ ...$ ~ 't. "" ..n ~ .... "::>- (' .,... c;r- ,n _ ' Os. ~ ~ r'- e: ~ ~\.. to- ~ ~ . ~ .. e .. E .. .. " .. .. <( r ~ ~-' ~ e III .. .. E '0. 4 od. ~ 1 ... .. .. ... ~ o () jjj e ]> o , /. Y ~ v ~ i .-, , 'J ~'\". @?~. @ ~ )~ @ % g~ ",,, ~,.. ...'& '5 ..... n.'" "'~ C>~ ~~ '- 'l' '.'.. A ;".l \ ' ,- .. , l'~ \. : ;:( '-' \) ~ ~ ~ ~ ~ .." COUNTY of FREDERICK Parks and Recreation Department James M. Doran, Director 540-665-5678 FAX: 540-665-9687 www.co.frederick.va.us e-mail: fcprd@co.frederick.va.us MEMORANDUM To: From: Subject: Date: John R. Riley, Jr., County Administrator !~ James M. Doran, Director, Parks and Recreation Department Resolution for Grant Application April 20, 2005 On March 24, 2004, the Frederick County Board of Supervisors adopted a resolution authorizing the Parks and Recreation Department to apply for a 50/50 matching grant for a Spray Ground at Sherando Park. The grant application was submitted, however, the grant was not approved. At the January 18.2005 Parks and Recreation Commission meeting, the Commission moved that the staff reapply for a 50/50 matching grant to the Department of Conservation and Recreation to construct a spray ground at Sherando Park. The estimated cost of the project is $250,000 with the 50% match ($125,000) coming from the proffer account for Parks and Recreation. As of Friday, April 15, 2005, the County has $147,000 in the Parks and Recreation proffer account. The grant program is funded by the Land and Water Conservation Fund and based upon the direction of the Federal Budget at this time, this may be the last year this grant program is available. Attach - resolution JMD/sm 107 North Kent Street Winchester, VA 22601 At the last meeting of the Frederick County Board of Supervisors, held in the Board of Supervisors Meeting Room, 107 N. Kent St., Winchester, Virginia, on April 26, 2005, the following resolution was adopted: WHEREAS, the Department of Conservation and Recreation (DCR), provides funds to assist political subdivisions of the Commonwealth of Virginia in acquiring and developing open space and park lands; and WHEREAS, there are urgent needs within the County of Frederick to develop park land; and WHEREAS, this area is deemed of high acquisition and development priority by said Frederick County Parks and Recreation and shall be referred to as the Spray Ground Development Project. WHEREAS, in order to attain funding assistance from DCR, it is necessary that the Frederick County Parks and Recreation Department guarantee that a proportionate share of the cost thereof is available; and WHEREAS, the proportionate project share of $125,000 is funded by the Frederick County Parks and Recreation Department. NOW, THEREFORE, BE IT RESOLVED BY THE Frederick County Parks and Recreation Department, James M. Doran, Director, is hereby authorized to cause such information or materials as may be necessary to be provided to the Department of Conservation and Recreation (DCR) and to enter into such agreements as may be necessary to permit the formulation, approval and funding ofthe Spray Ground Development Project. AND BE IT FURTHER RESOLVED, the Frederick County Parks and Recreation Department gives its assurance that the funds needed as the proportionate share of the cost of the approved program will be provided, up to $125,000. AND BE IT FURTHER RESOLVED, that the Frederick County Parks and Recreation Department gives its assurance that the General Provisions of the Land and Water Conservation Fund Act (L&WCF) and the Virginia Outdoors Fund Fiscal Procedures will be complied with in the administration of this project. AND BE IT FURTHER RESOLVED, that the Frederick County Parks and Recreation Department will operate and maintain the public recreation facility in good condition and will provide permanent project acknowledgment signs ofthe participating funding agencies and that this signage will clearly state that the said facility is a "public" recreational facility. AND BE IT FURTHER RESOLVED, that the Frederick County Parks and Recreation Department shall dedicate the metes and bounds of the Spray Ground properties, in perpetuity, for public outdoors recreational purposes in accordance with the Land and Water Conservation Fund (L&WCF) act. AND BE IT FURTHER RESOLVED, that the Frederick County Parks and Recreation Department gives its assurance that all other applicable federal and state regulations governing such expenditure of funds will be complied with in the administration, development, and subsequent operation of this Spray Ground Development Project. AND BE IT FURTHER RESOLVED, that the Department of Conservation and Recreation is respectfully requested to assist in approval and funding of the Spray Ground Development Project in order to enhance the standard of public recreational enjoyment for all our citizenry. Voting by the Frederick County Board of Supervisors on the motion was as follows: AYES: NAYS: ATTESTED BY AND NOTARIZED: John R. Riley, Jr. Clerk, Board of Supervisors County of Frederick, Virginia Resolution No.: 052-05 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us iBlliltiltllllli0\: ~ TO: FROM: SUBJECT: Board of Supervisors 0. ~ John R. Riley, Jr., County Administrator-r- Resolution of Support - Shenandoah Valley Regional Water Resources Policy Committee Policy Level Strategic Plan Project DATE: April 20, 2005 Attached please find the above reference resolution, which states that the County will: I. Participate in the Regional Water Resources Policy Committee. 2. Appoint an elected official representative and/or an alternate elected official and appointee. 3. Appoint, assign, or encourage staff and related agency personnel to participate on technical committees related to coordination efforts. 4. Participate in matching the $25,000 Agua grant for the Committee's work in FY 2004- 2005 with a base local contribution of $7,511. Staffhas contacted Wellington Jones, Director of the Frederick County Sanitation Authority, to get some insight from FCSA regarding their willingness to participate in this program Mr. Jones advised that FCSA would pay the County's $7,511 assessment. There was some thought that the resolution be rewritten to specifY FCSA as the participating entity rather than Frederick County; however, Mr. Jones advised that this committee is made up of elected officials; therefore, it would be best for the resolution to identifY Frederick County as the participating jurisdiction. Mr. Jones and other members of the Sanitation Authority will attend the policy committee meetings and will be involved in the discussions, etc. With regard to the appointment of a county representative and/or an alternate, Supervisor Fisher currently serves as liaison to FCSA and attends these policy committee meetings; therefore, it would be ] 07 North Kent Street Winchester, Virginia 22601-5000 appropriate for him to continue serving in this capacity, ifit is the desire of both the Board and Supervisor Fisher. Mr. Jones did suggest that the Board appoint a member of the Sanitation Authority to serve as an alternate county representative to this committee. This item has been placed on the April 26, 2005 meeting agenda for Board consideration, at which time adoption of the resolution would be appropriate. Should you have any additional questions, please do not hesitate to contact me. JRR/jet C:\Documents and Settin~\JET\MyDocuments\Riley Correspondence\Memos\Board ofSupervisors\BOS Memo re SVRWRPC Policy Level Strategic Plan.wpd RESOLUTION IN SUPPORT OF THE SHENANDOAH VALLEY REGIONAL WATER RESOURCES POLICY COMMITTEE POLICY LEVEL STRATEGIC PLAN PROJECT WHEREAS, the water resources of the Shenandoah Valley, both surface water and ground water, are primary to its character and essential for the long term economic viability of the Shenandoah Valley Counties of Augusta, Berkeley, Clarke, Frederick, Jefferson, Page, Rockingham, Shenandoah, Warren, and the cities and towns therein, and the Independent Cities of Harrisonburg, Staunton, Waynesboro and Winchester, and WHEREAS, the 1999 drought brought together localities of the Northern Shenandoah Valley Regional Commission to consider long term water supply issues, and WHEREAS, establishment of the Regional Water Resources Policy Committee by the Northern Shenandoah Valley Regional Commission, September 19, 2002 led to invitations for upstream and downstream jurisdictions to join in the process to seek a plan for ground and surface water resources for the many watersheds of the Shenandoah Valley, and WHEREAS, the region matches that of the Great Valley Water Resources Science Forum, a new U.S. Geological Survey bi-state cooperative group which has scoped out a ten year water science plan to learn more about the hydro-geologic characteristics of the Shenandoah Valley, and WHEREAS, the Regional Water Resources Policy Committee received a grant from the Agua Fund, Inc., to conduct the Shenandoah Valley Watersheds Policy Integration Assessment, and WHEREAS, the Assessment was designed to have three major outcomes: (1) an integrated water resources goal structure; (2) a water resources programs database aligned based on the goal structure; and (3) a Shenandoah Valley Water Resources Strategic Plan development process that the Committee could pursue, and WHEREAS, the Assessment has been completed, recommending that the Committee engage in the development of an action oriented policy-level Shenandoah Valley Water Resources Strategic Plan to determine cost-effective and workable action plans to address key issues identified during the assessment process as the first step in a continuous strategic planning process; and WHEREAS, She'1l1I1doah Valley Pure Water Forum is taking the lead to further develop the water resources database to serve as a regional information sharing and network building tool, and WHEREAS, water planning responsibilities continue to be heaped on local governments, thus competing for scarce local resources, the proposed Shenandoah Valley Water Resources Strategic Plan approach intends to: (1) be the vehicle to help localities cost-effectively meet their individual requirements for completing state and federal planning processes, including, but not limited to the Chesapeake Bay 2000 Agreement watershed planning goal and state water supply planning requirements; (2) leverage work already being performed by and for local governments, stakeholder groups, the private sector, regional commissions, the Shenandoah Valley Pure Water Forum, and State and Federal agencies; (3) continue networking regionally in order to provide each community with more skills and manpower than they would have if they planned alone; and 1 (4) ensure planning is based on current information and an increasing base of scientific knowledge about water resources in the Shenandoah Valley by the long term utilization of USGS and other research resources. WHEREAS, state and federal regulations encourage regional efforts and most funders, including government agencies are focusing their financial support on regional actions, and WHEREAS, a regional group will have more political influence and regional solutions will be less likely to be modified or over-ruled by a state agency, and WHEREAS, through the "Shenandoah Valley Watersheds Policy Integration Assessment," the Committee has generated the following benefits for localities: (1) a locally developed set of integrated water resource goals applicable to localities and throughout the Shenandoah Valley; (2) a central database that lists most of the groups working on water issues, the kinds of projects they are working on, where they are doing their work; (3) an understanding of the data that is available today and a central database that lists the kinds of data being collected as well as who is collecting it, (4) a listing of the major regulatory issues facing local jurisdictions with regard to water; (5) feedback from important stakeholders about "keys to success" for projects like this; (6) an action oriented policy-level Water Resources Strategic Plan approach which will progress as a locally based, regionally networked Plan to ensure Shenandoah Valley water resources will not be overcommitted to the detriment of current and future generations; NOW, THEREFORE, BE IT RESOLVED, that Frederick County will,: (1) participate in the Regional Water Resources Policy Committee, a joint exercise of powers for strategic planning by the Central Shenandoah Planning District Commission and the Northern Shenandoah Valley Regional Commission, with participation by the West Virginia Counties of Berkeley and Jefferson, to development of the Assessment recommended policy-level Shenandoah Valley Water Resources Strategic Plan; (2) will appoint an elected official representative and/or an alternate elected official or appointee; (3) will appoint, assign or encourage, as appropriate, local government staff and related agency personnel to participate on technical committees related to inter-county as well as intra-county coordination; and (4) will participate in matching the $25,000 Agua grant for the Committee's work in FY 2004-05 with a base local contribution of $7,511 computed from a per capita rate of .120373 cents for the 2002 population of 62,400 for the $65,000 local share requirement of the $90,000 project budget, as adjusted for population, but not to exceed twenty cents per capita. FURTHER BE IT RESOLVED that the County commends the representatives, stakeholders, organizations and agencies who contributed to the success of the Assessment process. Adopted this _ day of _,2005. 2 Attest: Attached for information: Signed: Funding at .120373 per capita for $25,000 Agua Fund Grant Shenandoah Valley Watersheds Population South to North 01-Jul- Funding 02 Region Est. .120373 per cap Augusta Co. VA06 66,300 $7,981 Staunton City VA06 23,500 $2,829 Waynesboro City VA06 19,600 $2,359 Rockingham Co. VA06 69.200 $8,330 Harrisonburg City VA06 42,200 $5,080 - Central Shenandoah PDC - Subtotal VA06 220,800 $26,578 Page Co. VA07 23,300 $2,805 Shenandoah Co. VA07 36,800 $4,430 Warren Co. VA07 32,500 $3,912 Frederick Co. VA07 62,400 $7,511 Winchester City VA07 24,600 $2,961 Clarke Co. VA07 13,300 $1,601 - Northern Shenandoah Valley RC - Subtotal VA07 193000 $23,232 Virginia localities 413,800 $49,810 Jefferson Co. WV09 44,926 $5,408 Berkeley Co. WV09 81 ,262 $9,782 - Eastern Panhandle Regional P&DC - WV09 126,188 $15,190 Subtotal Total Population 539,988 $65,000 Note: Virginia Independent City populations are not included in County totals. 6.7.9 PlanResolution-5.doc 3 COUNTY of FREDERICK MEMORANDUM Parks and Recreation Department James M. Doran, Director 540-665-5678 FAX: 540-665-9687 www.co.frederick.va.us e-mail: fcprd@co.frederick.va.us TO: FROM: SUBJECT: DATE: John R. Riley, Jr., County Administrator !j~ James M. Doran, Director, Parks & Recreation Dept. )'/!/J-/ Action Taken by Parks and Recreation Commission April 20, 2005 The Parks and Recreation Commission met on April 19, 2005. Members present were: Steven White, Charles Sandy, Robert Hartman, P. W. Hillyard, III, Victoria Keelon, Ronald Madagan, Larry Sullivan, Cheryl swartz, Lynda Tyler Items Requirinq Board of Supervisors Action: 1 . None Submitted for Board Information Only: l. Bike Trail Plan - Mr. Sandy moved that the Commission support the draft plan for a Multi-Use Trail Network within the Urban Development Area of Frederick County, second by Mr. Hillyard, carried unan~ously (8-0). 2. Budget Update - Mr. Hartman moved to recommend that $140,000 be transferred from the County reserve fund into the Parks and Recreation capital budget to i.nstall new sewer lines at Clearbrook Park, to connect to the Sanitation Authority's system, second by Mr. Sandy, carried unanimously (8-0). Note: The $140,000 does not include the connection fee assessed by the Sanitation Authority. Staff is currently negotiating the connection fee with the Sanitation Authority. 3. Sherando Park Playground Recommendation - Mr. Hartman reported the Building and Grounds Committee recommends the Commission accept the proposal submitted by Site Concepts for installation of playground equipment at Sherando Park. Recommendation unanimously accepted (8-0). 4. Winter Tube Slide Update - Mr. Hartman reported the Buildings and Grounds Committee recommends the staff prepare and solicit proposals for a winter tube slide at Sherando Park. Recommendation approved 7-1; Sandy opposed. Copy: Steven White, Chairman Lynda J. Tyler, Board Liaison Cheryl B. Shiffler, Finance Director 107 North Kent Street Winchester, VA 22601 COUNTY of FREDERICK John R. Riley, Jr. County Administrator I... .MEM (l R.kNDtrM ........1 540/665-5666 Fax 540/667-0370 E-mail: jriley@coJrederick.va.us TO: Board of Supervisors FROM: John R. Riley, Jr., County Administrator DATE: Aprill2,2005 RE: Code and Ordinance Committee Report ....................................... . . . . .............................................................................,...,',.,..........,.....~.........~~....~'...,'.........'.......................~ The Code & Ordinance Committee met on Monday, Aprilll, 2005 at 3:00 P.M., in the First Floor Conference Room, County Administration Building, 1 07 North Kent Street, Winchester, Virginia. Present were chairman ofthe connnittee Supervisor Gary W Dove, Supervisor Bill M. Ewing, Stephen G. Butler, and Michael L. Bryan. Also present were Deputy Director of Public Works Joe Wilder, Bio- Solids Monitor Laura Shifflett, County Attorney Lawrence R. Ambrogi and County Administrator John R. Riley, Jr. The committee submits the following: ***ltems Requiring Board Action*** 1. Pronosed Amendments to Chapter 50 Biosolids. Frederick County Code: The Committee discussed the proposed amendments to Chapter 50 Biosolids, Frederick County Code. The proposed amendments would bring our ordinance into conformance with changes made to the State regulations. The Committee unanimously recommended approval of the proposed amendments to the Biosolids Ordinance and forwarded this item to the Board of Supervisors for public hearing and with a recommendation for approval. ***Information Only*** 1. ProDosed Amendments to Chapter 79. Erosion and Sediment Control Ordinance of the Frederick County Code - 107 North Kent Street . Winchester, Virginia 22601-5000 Memorandum - Board of Supervisors April 12, 2005 Page 2 The Committee discussed the proposed amendments to the Erosion and Sediment Control Ordinance focusing in particular on a provision that would affect the amount ofliability the owner/developer would bear for road maintenance, relative to erosion and sediment control measures, for roads in new subdivisions, which have not been accepted into the VDOT secondary road system The Committee expressed concern about imposing vicarious liability on a developer and how this proposal would be enforced. After further discussion, Committee unanimously recommended approval of the proposed amendments, subject to final review of subsection 17 - Vehicular Sediment Tracking, with the Chairman to report back his findings back to the Committee. Respectfully Submitted, Code and Ordinance Committee Gary W Dove, Chairman Bill M. Ewing Stephen G. Butler Michael L. Bryan JRR/jet Attachments cc: Code and Ordinance Committee C. William Orndoff, ]r, Treasurerr c: \Docwumls and Settm~\JET'ilvfy Documents\Code & Ordinance\Reports\CodeOrd 041105 amended. 'Apd BIOSOLIDS ORDIANCE 50-1. Purpose and Intent: This ordinance is intended to ensure laws and regulations governing the land application of Biosolids ( class B) are properly implemented and enforced, and to secure and promote the health, safety and welfare of the County's citizens; to deter the creation of a public nuisance and to prevent pollution of the waters and soils of the County related to the land application of Biosolids. In carrying out this ordinance, the County will test and monitor the land application of Biosolids to agricultural land within the boundaries as authorized by the- Virginia Administrative Code Sections 12 VAC 5-585-660 through VAC 5-585-750, and in accordance with the Biosolids Fee Guidance Manual. This ( -Cudt: uf Vi. ~;"'ia S~~t;uu.. 12.5 585 f)f)9 tltl'6llgk ll.e S8S {tOg aad appliQable reg'U'lllft8BlJ. This ordinance is intended to address the land application of Biosolids in the County and to implement the authority granted to local governments by VA Code sections 62.1-44.19:3 and sections 32.1-164.5-ete, et seq., (to provide for the testing, monitoring and enforcement of land applications of Biosolids within the political boundaries of the County and to insure compliance with applicable laws and regulations.) This ereliBllBee Chapter is not intended to regulate the land application of animal waste, water treatment plant sludge, the disposal of sludge at the sanitary landfill, or exceptional quality Biosolids (class A) marketed or distributed for use according to 11 VAC 5-585 . Virginia Administrative Code 12 VAC 5-585-520. 50-2. DefmitioDs: Applicator - any person who applies Biosolids pursuant to appropriate Virginia Department afhealth permits. Biosolids ( class B) - a sewage sludge that has received an established treatment for required pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and contains acceptable levels of pollutants, such that it is acceptable for use for land application, marketing or distribution in accordance with the Virginia Biosolids Use Regulations. (BUR.) 12 'V AC 5-585-16 Oduh~1 15, 1997. 12 VAC 5-585- 560, Table 8-A. CIDil5 A BioSGlid.. m.....des A Class I trtated sludge lrith Ilppreved eaBfto81 ae i'eetaF ,db adiuu aud """~l'tahl~ It:;~d~ uf l'uHu{;uu.. (TlIblt: 8-A, BUR) Class B Bio!l",lids mun..& A slQd6~ thAt I~(.c.i.e~ Class 101 IT tIC.atmeBt far fteleflllate I'MhageB eaBtt'al aBel is treated 8.. BlaBageel ta pr8perly redllee veNa.. IltftttleftaD aBd aeee):Jtahle hn eI af pallatllBts (Tllhle SA,BUR). Exceptional Quality Biosolids (class A) - biosolids that have received an established level of treatment for pathogen control and vector attraction reduction and contains known levels of pollutants, such that they may be marketed or distributed for public accordance with the Biosolids Use RegulationsI2.5-585-520. Sewage Sludge - any solid, semi solid, or liquid residues, which contain materials, removed from municipal or domestic wastewater during treatment including primary and secondary residues. Incorporation - the disking or tilling ofBiosolids into the soil. Laud Al'}iK~..ti()n of Bi086lid!l the spreadill:g, plaeillg an:d application 6f hi680lids at mAil Aged 1I:!;I 61lomk ) AtLS ill: acco) dance 'ft ith An establishcd pIogrllm for APl'l)"",.l;uu. uf oul. ;IJ;'ulA 4)... lAud u.,~d fu. ;Sea ;,,-ult~l e: Land Application - the distribution of either treated wastewater of acceptable quality, referred to as effluent, or supernatant from biosolids facilities or stabilized sewage sludge of acceptable quality, referred to as biosolids, upon, or insertion into, the land with a uniform application rate for the purpose of utilization, assimilation or pollutant removal. Bulk disposal of stabilized sludge in a confined area, such as in landfills, is not land application. Sites approved for land application of biosolids or supernatant in . accordance with this chapter are not to be considered to be treatment works. Virginia Nutrient Management Plan - a plan prepared by a person who is certified by the Department of Conservation and Recreation as a nutrient planner and otherwise meeting the requirements set forth by the state law and regulation. Owner - a person or entity that holds legal title, equitable title, a leasehold interest or the right of possession or control over land. Temporary storage facility - any facility designed to store Biosolids for a short period of period of time and shall include, but not be limited to, above ground and underground storage. Permittee - a person, firm corporation, political subdivision or other entity holding a permit for the land application or distribution of biosolids, issued by the Virginia Department of health. :r~. nail IIuldlE;;1 IUlfWDU~ AU ;ud; l' ;duAI UI fillll thAt huld~ iI I'E;I Ulil i~:sut.id by lhe~ Vi.. 6;"";. Bcp... tUlCllt of HeAlth (VDII) f6r the applkltti8B 6f Bi6s61ids ill: Frederick Cuuuty. PeFIBit me.BS IlB IlllthBN.ftaB f;PIlntf.d b) tile allth6Jit, ()f th", CbUlUluu..~th uf Virginia to apply land Biosolids. Permit - either an authorization granted by the commissioner to construct, or operate, facilities ands specific sites utilized for biosolids management, including land application, marketing and distribution of biosolids. A Virginia Pollution Abatement permit issued by the Department of Envirmental Quality, to a land applier is an optional permit for these activities authority of the Commonwealth of Virginia to apply land Biosolids. 50-3. Biosolids Monitor: There is hereby established the position of Biosolids Monitor, who shall be an employee or agent of the County, either full-time or part~time, charged with the responsibility of ensuring that the land application of Biosolids is conducted in accordance with this ordinance and applicable Federal and State laws and regulations. The Biosolids monitor shall review permit modifications related to the application .ofbiosolids; maintain an accurate filing system depicting the location of all pennitted biosolids application sites in the County; perform field inspections during the application ofbiosolids and initiate field and laboratory testing of sites 'fh.. Bi6....Kdlo ...OItit6I shalllun e the M1th6rit, to 01 du tile AbatemeItt 6f any' ,i6lati68 Bf ~t.te 11m 6r regulati6ft. The ahatcdl<.ut Ok du shaH idc.dtif,. the .u.H. ity c:ollst;tating the ,i6Iati6n. specify the e6de previsiBa 81' l'e~.ti8B vialated hy the actiVity and order cesslltlun ilud \;uo. "",Guu uf th(, "' i()lllti~. The biosolids monitor shall have the authority to order the abatement of any violation under Virginia Administrative Code Section 32.1-164.5,32.1-164.6 Or 62.1-44.19:3 or any regulation promulgated under those sections. The Biosolids monitor may request that the Virginia Department of Health (VDH) suspend or revoke the Permit Holder's application to apply Biosolids on a specific site in the County or in the entire County. 50-4. Complaint Response A. The Biosolids Monitor shall notify The Virginia Department of Health, the Applicator or Permittee and the owner of all complaints concerning the land Application of biosolids. B. The Biosolids Monitor shall notify the Permittee of any failure to follow the requirements of the Permit resulting in the improper application of Biosolids or in the spillage of Biosolids onto public street on right-of-ways or on property outside the area authorized by the permit. C. The Permittee shall respond to undertake appropriate corrective action for improper applied Biosolids, or to clan up Biosolids spilled onto public streets, roadways or other unpermitted areas, immediately upon receiving such notification. D. In the event that the Permittee does not respond to notification of spillage or improper application and the County conducts the cleanup of Biosolids, the Permittee shall compensate the County for the actual costs of such cleanup. E. The Permittee is responsible for ensuring that tracking of Biosolids from land application sites onto public roads is in minimized and that Biosolids that are dragged out from land application sites are promptly removed from public roads and highways. 50-5. Reimbursements: The Biosolids Monitor shall submit requests for reimbursement on behalf of the County for costs and expenses of testing and monitoring land applications and related expenses as are allowable by applicable state law, regulations, manuals, guide and procedures, under Virginia Administrative Code 12 VAC 5-585-50 and 12 V AC 5-585-690. Monitoring and Sampling: A. By agreeing to accept Biosolids for land application, the Owner of the property on which land application takes place agrees to allow the Biosolids Monitor access to the land application site for the purpose of monitoring land application activities. It is the responsibility of the permit Holder to ensure the property Owners advised of this requirement. The Biosolids Monitor shall make diligent efforts to make contact with the property Owner prior to entering the property. B. The Permit Holder and the Owner shall allow the Biosolids Monitor to take samples at the application site before, during and after the application. Any test samples shall be analyzed at a lab authorized to conduct such analysis and the County Health Department may review these test results to determine compliance with applicable laws and regulations. At the request of the Applicator, the Biosolids Monitor will provide the Applicator with a split sample. C. At the request of the Biosolids Monitor, the Applicator or Permittee shall provide the most recent analysis results for Biosolids that are land applied at any site in the county. 50-6. Notification The permit applicant for the land application of Biosolids in Frederick County's rural agricultural Districts shall notify in writing the Biosolids Monitor of such application which notice shall include: a. The name, address and telephone number of the Permit Holder, including the name of a representative knowledgeable of the permit, b. The Tax Map numbers of the parcels where land application will occur. c. The names of the Owners of the property where land application will occur. d. The estimated dated range on which land application will occur and the duration of the planned activity . e. A copy of the current state permit and other state and federal permits authorizing the land application f. A copy of a Nutrient Management Plan as required by state law and regulations. g. Information on proposed haul routes and alternative haul routes on a County Map. h. The Biosolids Monitor shall review the documentation provided with the notice and shall notify the applicant in writing of any deficiencies in the submittal within ten business days of receipt. The applicant will have ten business days to correct and amend the deficiencies unless otherwise permitted by the county in writing. i. The Biosolids Monitor, with the aid of the applicator, will notify adjacent property owners of application at the time a modification is issued. Signs will be posted in the area at least 48 hours before Biosolids applications occur. A Biosolids phone line, listing areas expecting application will be available to citizens. 50-7. General Requirements for Land Application of Biosolids: A. It shall be unlawful to dispose dump, spread, or place or permit the disposal, dumping, spreading or placement of biosolids on land in the county without a permit from the Virginia Health Department and in accordance with all applicable state, local and federal laws and regulations. B. No owner of land shall permit such dumping, disposal, spreading or placement of Biosolids on any land in the County under such person's ownership, possession or control, without such permit. C. Biosolids otherwise permitted for land application under this article may only be applied to agricultural, forestry Silva culture and land reclamation areas. D. This section shall not apply to the placement of Biosolids in a sanitary landfill permitted by the Commonwealth of Virginia for such purposes and constructed and operated in accordance with all applicable federal, state and local requirements. 50-8. Violations and Penalties: Whoever violates any of the provisions of this chapter shall be guilty of a Class I Misdemeanor as defined by the Code of Virginia. as amended. Each day during which any violation is committed or exists shall constitute a separate offense. 50-9. When effective; current land applications deemed complaint. This ordinance is effective immediately. any land application that is in progress on the date this ordinance is adopted, and any land application that was scheduled before the effective date of this ordinance, shall be deemed in compliance with this ordinance provided that application is completed within thirty days after the effective date of this ordinance. COMMONWEALTH of VIRGINIA ROBERT B. STROUBE, M.D., M.P.H. STATE HEALTH COMMISSIONER Department of Health POBOX 2448 RICHMOND, VA 23218 TTY 7-1-1 OR 1-800-828-1120 November 15,2004 /"'J ~ Ivir. Jo1m R. kiiey, Jr. County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601-5000 Review of Biosolids Ordinance Dear Mr. Riley: Thank you for providing a copy of the Frederick County ordinance to the Virginia Department of Healt4 (VDH) for review. This ordinance, entitled, "Land Application ofBiosolids," was reportedly adopted by the Board of Supervisors on November 10, 2004. It consists of nine Sections. It provides that the Frederick County Biosolids Monitor is charged with the responsibility to verify that biosolids are applied in conformance with applicable laws. It authorizes the County's Biosolids Monitor to monitor land application permits and perform field inspections during the application of biosolids and initiate field and laboratory testing of application sites. The County's Biosolids Monitor is granted the authority to order abatement of any violation of state law or regulation and to request that VDH suspend or revoke a site specific pennit concerning land application ofbiosolids. Section 62.1-44.l9:3(C) of the Code states: Any county, city or town may adopt an ordinance that provides for the testing and monitoring of the land application of sewage sludge within its political boundaries to ensure compliance with applicable law and regulations. Only those counties, cities and towns that adopt a local ordinance consistent with the Code may apply to VDH for reimbursement of reasonable testing and monitoring costs incurred to "ensure compliance with applicable laws and regulations" (g 62. 1-44. 19:3(C); see also Biosolids Use Regulations, 12 V AC 5-585-50, -660(B)(2), -690 and -700). Section 62.1-44.19:3(D) of the Code authorizes VDH to collect fees from land applicators that apply biosolids in counties, cities and towns that adopt such an ordinance. I'I'DH=~ I' J Of HEAlJH PrOleC1inr 1'00 <Jnd Your EnWmnmMI www.vdh.state.va.us Mr. 101m R. Riley, lr. November 15, 2004 Page 2 The Frederick County ordinance appears to comply with 9 62.1-44.19:3 for local monitoring and testing ofland applied biosolids to verify compliance with the Biosolids Use Regulations. However, there are provisions of this ordinance which, while they do not affect compliance with 9 62.1-44.19:3, may not be consistent with the Biosolids Use Regulations or should be revised to improve clarity. These provisions include the following: 1) "Purpose and Intent" [The section cites the "Code of Virginia Sections 12.5-585-660 through 12.5-585-690" as authority. The reference is to the fee regulations in the Administrative Code. We recommend changing the sentence to read, ". .I!S authorized by Virginia Administrative Code Sections? C 5-585-660 throu 12 V AC -585-750 and in accordance with the Biosolids Fee Guidance Manual." The next sentence ends with "etc." It s ou be changed to end with "et seq." instead. The last sentence in the section ends with a reference to the Admiillstrative Code and should also be changed to read". . . for use according to Virginia Administrative Code Section 12 V AC 5-585-520."] 2) "Definitions" [The definitions ofBiosolids and Exceptional Quality Biosolids should reference the Administrative Code instead of the Code of Virginia. The de[mitions of Class A and Class B biosolids should refer the reader to Table 3 and section 12 V AC 5-585-560 of the BUR in addition to Table 8-A. Add "in accordance with state regulations" to the end of the definition of Exceptional Quality Biosolids, e.g., ". . . such that they can be marketed or distributed for public use in accordance with state regulations (see 12 V AC 5-585-520)." The definition of Land Application of Biosolids limits land application to "land used for agriculture." The Biosolids Use Regulations ("BUR") allow biosolids to be used on all sites used for agriculture, forestlann (silviculture), and reclarnation of disturbed land. See 12 V AC 5-585-510.] 3) "Biosolids Monitor" [The second paragraph ofthis section says that the biosolids monitor "shall have the authority to order the abatement of any violation efthe. state ]&\y er re.gtlllttiens.". This statement is too broad. The authority granted to the locality under Code Section 32.1-164.7 is limited to "any violation of 99 32.1-164.5, 32.1-164.6 or 9 62.1-44.19:3 or any regulation promulgated under those sections."] 4) "Complaint Response" [Each of the subparts (A. through E.) refers to the "permittee" - permittee is not a defined term and in each case should be revised to read .(!ermlt hold.:9'] ,:-,,':/' " Ii', r" ....'\. :""\.;', \ /' -.:.. -., ;., .~< -" , ".., \'''- I'" ,~\ {, " "\" 1 . r' " ,),!; ~': \ ."' \ \ 'i,'-' . ;(' '.- "i' > :,\ t'- \- , " Mr. John R. Riley, Jr. November 15, 2004 Page 3 5) "Reimbursements" [This section states that the Biosolids Monitor shall submit requests for reimbursement for costs and expenses of testing and monitoring. The draft ordinance does not include any provisions for sampling, monitoring, and/or testing. We recommend adding the following section: Monitoring and Sampling A. By agreeing to accept Biosolids for land application, the Owner of the property on which land application takes place agrees to allow the Biosolids Monitor access to the land application site for the purpose of monitoring land application activities. It is the responsibility of the Permit Holder to ensure that the property Owner is advised of this requirement. The Biosolids Monitor shall make diligent efforts to make contact with the property Owner prior to entering the property. B. The Permit Holder and Owner shall allow the Biosolids Monitor to take samples at the application site before, during and after the application. Any test samples shall be analyzed at a lab authorized to conduct such analysis and the County Health Department may review these test results to determine compliance with applicable laws and regulations. At the request of the Applicator, the Biosolids Monitor will provide the Applicator with a split sample. C. At the request of the Biosolids Monitor, the Applicator or Permit Holder shall provide the most recent analysis results for Biosolids that are land applied at any site in the county. The section contains two typographical errors - change "expenses" to "activities" and make "guide" plural, i.e., " . . . and related activities as are allowable by applicable state laws, regulations, manuals, guides and procedures. "] 6) "Notification" [No time period is specified for the applicator to notify the Biosolids Monitor when land application will take place. Proposed amendments to section 12 V AC 5-585-460 of the Regulations will require notification at least 15 days prior to commencing land application at a permitted site. In addition, Subpart i. imposes a requirement on applicators that is not currently in the Regulati'ons. Until the amendments to the Regulations that address signage are promulgated, the IOcality does not have the authority to require an applicator to post signs. Once the amendments are published in the Virginia Register and become effective, the will appli~rs have to post signs at least 48 hours before land application begins. s-cte proposed revision to 12 V AC 5-585- 480.] Mr. John R. Riley, Jr. November 15, 2004 Page 4 7) "General Requirements for Land Application ofBiosolids" [Revise to say the "Virginia Department of Health" instead of the "Virginia Health Department"] Frederick County has been included in the list oflocalities that have adopted ordinances that appear to comply with Ii 62.1-44.19:3. Please inform VDH promptly of any changes to this ordinance so that we may assess whether they affect VDH approval for reimbursement purposes. VDH approval of this ordinance for purposes of processing biosolids fee payments is not an approval of the entire ordinance and we express no opinion on the validity or constitutionality oftbe ordinance as a whole. We will begin requiring fees from land application contractors who conduct land application activities in the County beginning on the first day of November 2004. Reimbursement oflocalmonitoring costs is confined to activities related to ensuring compliance with the Biosolids Use Regulations. Please continue to familiarize yourself with the provisions in the Biosolids Use Regulations and the Guidance Manual that describe the procedures for securing reimbursement of testing and monitoring costs. We look forward to working with you to ensure that land application activities are conducted in compliance with the law. Tfyou have any questions, please contact me at (804)-864-7463. ~incerely, ....0/1.1'......... / :.' Y/tVdWv-L/t c. M. Sawye/, PE, Director Division of Wastewater Engineering c: Robert W. Hicks Synagro Mid Atlantic, Inc. Recyc Systems, Inc. Milton F. Wright Trucking, Inc. COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 MEMORANDUM /i;;:'~!::.? ?~;-?:;" I k/ - ,.l:\\Ii=\) /,ty ..JL'\;"- .. ':) TO: John R. Riley, Jr., County Administrator Joe C. Wilder, Deputy Director, Department of Public Works...f);J : iC: \!J,B, 200~, \ .,"'.....'. r r ",~\r'" C0,,11\) -'-./ r~('Jr\ -'~... r-1IG8 ~.:J \i~~~,. f\drn\i''l\51\"&lor- \" ~-.~ B~ ___ -- ~}":/ {~':~():::'31~~i~~/ . FROM: SUBJECT: Erosion and Sediment Control Ordinance DATE: February 28, 2005 During their regularly scheduled meeting on February 22,2005, the public works committee reviewed the proposed revisions to the Erosion and Sediment Control Ordinance. One revision in particular generated some discussion. The revision will affect the amount ofliability the owner/developer will bear for road maintenance as it applies to erosion and sediment control measures. However, the proposed revision will apply only to roads in new subdivisions which have not been accepted into the Virginia Department of Transportation's Secondary Road system. The public works committee unanimously recommended that the proposed revisions to the ordinance be reviewed by the code and ordinance committee to ensure there are no conflicts related to legal issues. Therefore, I am requesting the proposed revisions to the Erosion and Sediment Control ordinance be placed on a future agenda of the code and ordinance committee for their review and/or comments. A copy of the draft ordinance is attached. JCW /rls Attachment: as stated cc: file 107 North Kent Street · Winchester, Virginia 22601-5000 [IDOO&~u S 79-1 FREDERICK COUNTY CODE S 79-2 [HISTORY: Adopted by the Board of Supervisors of the County of Frederick 6-12-2002, effective 7-1-2002.1 Amendments noted where applicable.] GENERAL REFERENCES Building construction -- See Ch. 52. Subdivision ofland -- See Ch. 144, Zoning -- See Ch. 165. ~ 79-1. Purpose, title and authority. A. This chapter shall be known as the "Erosion and Sediment Control Ordinance of Frederick County, Virginia," The Frederick County Board of Supervisors desires to prevent the degradation of properties, stream channels, waters and other natural resources of Frederick County by establishing requirements for the control of soil erosion, sediment deposition and nonagricultural runoff and establish procedures whereby these requirements shall be administered and enforced, B. This chapter is authorized by Title 10.1, Chapter 5, Article 4 of the Code of Virginia (S 10.1-560 et seq,), known as the "Virginia Erosion and Sediment Control Law." C This chapter is amended to include administering the erosion ami sediment control program for the Town of Stephens City, Virginia by Resolution of the Stephens City Town Council. S 79-2, Definitions. As used in the ordinance, unless the context requires a different meaning, the following terms shall have the meanings indicated: AGR&EMENT IN LIEU OF A PLAN -- A contract betweenJ)1e plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed in lieu of a formal erosion and sediment control plan. APPLICANT -- Any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence, BOARD -- The Virginia Soil and Water Conservation Board. I Editor's Nole: Thi~ ordin.U1ce also repealed fonner ell. 79, Erosion and Sediment Control, adopfed 7-8-1992. 8,20,2002 S 79-1 FREDERICK COUNTY CODE S 79-2 BOARD OF SUPERVISORS -- The Frederick County, Virginia, Board of Supervisors. CERTIFIED INSPECTOR -- An employee or agent of a program authority who: A. Holds a certificate of competence from the Board in the area of project inspection; or B. Is enrolled in the Board's training program for project inspection and successfully completes such program within one year after enrollment. CERTIFIED PLAN REVIEWER -- An employee or agent ofa program authority who: A. Holds a certificate of competence from the Board in the area of plan review; B. Is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment; or C. Is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article I (954.1-400 et seq.) of Chapter 4 of the Code of Virginia. CERTIFIED PROGRAM MANAGER -- An employee or agent ofa program authority who: A. Holds a certificate of competence from the Board in the area of program administration; or B. Is enrolled in the Board's training program for program administration and successfully completes such program within one year after enrollment. CLEARING -- Any activity which removes the vegetative ground cover, including, but not limited to, root mat removal or topsoil removal. "'<> COUNTY -- The County ofFredefrCk, Virginia. DEPARTMENT -- The Virginia Depaliment of Conservation and Recreation. DEPARTMENT OF PUBLIC WORKS -- The Frederick County, Virginia, Department of Public Works. DEVELOPMENT -- A tract ofIand developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. DIRECTOR -- The Director of the Department of Conservation and Recreation. 8-20-2002 S 79-1 FREDERICK COUNTY CODE S 79-2 DISTRICT or SOIL AND WATER CONSER V A TION DISTRICT -. Refers to the Lord Fairfax Soil and Water Conservation District. EROSION AND SEDIMENT CONTROL PLAN or PLAN .. A document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to assure that the entire unit or units ofland will be so treated to achieve the conservation objectives. The plan shall be sealed by a professional engineer, land sun'eyor or landscape architect as deemed applicable by the State of VirginilL EROSION IMP ACT AREA -- An area ofIand not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel ofland of 10,000 square feet or less used for residential purposes. EXCAVATING -- Any digging, scooping or other methods of removing or altering the placement of earth materials. FILLING -- Any depositing or stockpiling of earth materials. GRADING -- Any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions. LAND DISTURBANCE PERMIT -- A permit issued by the Department of Public Works for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any purpose set forth herein. LAND-DISTURBING ACTIVITY n Any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealtlf,'including, but not limited to, clearing, grading, excavatmg, transporting and filling of land, except that the term shall not include: A. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work; B. Individual service connections; C. Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided such land-disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced; 8-20-2002 9 79-1 FREDERICK COUNTY CODE 9 79-2 D. Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system; E. Surface or deep mining; F. Exploration or drilling for oil and gas, including the well site, roads, feeder lines, and off-site disposal areas; G. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations and agricultural engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Article 2 (9 10.1-604 et seq.), Chapter 6 of the Code of Virginia, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation. However, this exception shall not apply to harvesting offorest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter I I (9 10.1-1100 et seq.) of this title or is converted to bona fide agricultural or improved pasture use as described in Subsection B of 9 10. 1-1163 of the Code of Virginia; H. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; 1. Disturbed land areas ofIess than 10,000 square feet in size; J. Installation offence and sign posts or telephone and electric poles and other kinds of posts or poles; K. Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of _. --. ~ ~ Engineers; and -- L. Emergency work to protect life, limb or property, and emergency repairs; provided that if the land-disturbing activity would have required an approved erosion and sediment control plan. If the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority. LOCAL EROSION AND SEDIMENT CONTROL PROGRAM or LOCAL CONTROL PROGRAM -- An outline of the various methods employed by the Department of Public Works to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement, and evaluation. 8-20-2002 ~ 79-1 FREDERICK COUNTY CODE S 79-2 NOTICE TO COMPLY -- A written notice sent to the responsible land disturber or appropriate agent specifying the corrective erosion and sediment control measures needed on a land-disturbing project to comply with the approved plan. . OWNER --The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. PERMITTEE -- The person to whom the permit authorizing land-disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed. PERSON -- Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the commonwealth, any interstate body, or any other legal entity. PLAN-APPROVING AUTHORITY -- The Department of Public Works is responsible for . determining the adequacy of a plan submitted for land-disturbing activities on a unit or units of land and for approving plans. PROGRAM AUTHORITY -- Frederick County, Virginia, which has adopted a soil erosion and sediment control program approved by the Board. RESPONSIBLE LAND DISTURBER -- An individual from the project or development team, who will be in charge of and responsible for carrying out a land-disturbing activity covered by an approved plan or agreement in lieu ofa plan, who: A. Holds a responsible land disturber certificate of competence; B. Holds a_cur~nt certificate of competence from the Board in theJlre~ of combined administration, program administration, inspection, or plan review; C. Holds a current contractor certificate of competence for erosion and sediment control; or D. Is licensed in Virginia as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Title 54.1, Article 1, Chapter 4 of the Code of Virginia (~ 54.1-400 et seq.). SINGLE-F AMIL Y RESIDENCE -- A structure designed to be occupied by one household as defined by the county's Zoning OrdinanceI However, for purposes of this regulation, "mobile 1 Editor's Note: See CH. 165, Zoning. 8-20-2002 9 79-1 FREDERlCK COUNTY CODE 9 79-2 homes" shall be defined as one-family dwellings. STATE EROSION AND SEDIMENT CONTROL PROGRAMS or STATE PROGRAMS-- The program administered by the Virginia Soil and Water Conservation Board pursuant to the Code of Virginia, including regulations designed to minimize erosion and sedimentation. STATE WATERS -- All waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdictions. STOP-WORK ORDER -- A written notice sent to the responsible land disturber or appropriate agent that stops all land-disturbing activity on the project for a specified time period. TRANSPORTING -- Any moving of earth materials from one place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. S 79-3. Local erosion and sediment contml program. A. Except as modified below, pursuant to S 10.1-562 of the Code of Virginia, the County hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the Board for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in, but not limited to, the Virginia Erosion and Sediment Control Regulations and the latest edition of the Virginia Erosion and Sediment Control Handbook, as amended. The following subsections are hereby changed of V AC 50- 30-40 of the Virginia Erosion and Sediment Control Regulations: _. Go. (1) Subsection 6.b. The following language is hereby changed: Surface run-off from disturbed areas that is comprised o'fflow from drainage areas greater than or equal to three acres shall be controlled by a sediment basin. The minimum storage capacity of a sediment basin shall be 134 cubic yards per acre of drainage area. The outfall system shall, at a minimum, maintain the structural integrity of the basin during a one-hundred-year-stonn of twenty- four-hour duration. Runoff coefficients used in runoff calculations shall correspond to a bare earth condition or those expected to exist while the sediment basin is utilized. -. (2) The provision found in Subsection 19b(1) is deleted. (3) Subsection 14. Regulation of Watercourse Crossing. All applicablefederal, state and local regulations pertaining to working in or crossing live 8-20-2002 S 79-1 FREDERlCK COUNTY CODE S 79-2 watercourses shall be met. Prior to obtaining a land disturbance permit, copies of all applicable environmental permits including, but not limited to, wetland disturbance, stream crossing, stormwater discharge permits shall be submitted with the application. (4) Subsection 17. Vehicular Sediment Tracking. In addition to the minimum standard, thefollowing language shall be atlded: In residential subdivisions, the owner/developer of the applicable subdivision shall be held responsible for achieving this minimum standard until the street is taken into the Virginia Department of Transportation's Secondary Road System for maintenance. At the time of the plan submission, a detailed plan or narrative shall be submitted for review and approval by Frederick County to ensure transport of sediment onto the applicahle roads does not occur during all phases of construction, including, but not limited to, construction of all infrastructure, utilities and building construction. B. In order to assure proper stormwater drainage and site stabilization, the following policies are hereby adopted concerning residential subdivisions. [Added 12-10-2003]2 (I) Prior to release of building permits, the following infrastructure shall be completed and stabilized within the subdivision, subsection or phase as shown on the approved plan: (a) Stormwater conveyance systems, including but not limited to culverts, road surface, curb and gutter, stormwater structures, drainage swales and ditches, channel linings and all cleared areas shall be stabilized, etc. (b) Submittal of a cel1ified as-built plan of the subdivision, subsection or phase, which includes but is not limited to stormwater conveyance systems, curb and gutter, drainage swales and ditches, stormwater/sediment ponds, ... ..... ~ graded areas, etc. A letter from the engineer-of-record shall be included with the as-built plan which states that the subdivision has been constructed in accordance with the approved plan. (c) A proposed overall lot grading plan is required by Frederick County prior to the release of building permit(s) for RP subdivisions. This plan shall meet the intent of the original site plan submitted by the developer. It is required that the developer provide the builder/owner a copy of the original engineered site grading plan for the particular subdivision. \<g --- 2 Editor's Note: This ordimmce also rel1ulllh~red fanner Subsections B, C. 0, E and F. 8-20-2002 979-1 FREDERICK COUNTY CODE 9 79-2 (d) It will be necessary to submit a certified as-built plan for all lots on which proposed lot grading plans were required. This certified as-built plan shall indicate the following: properly annotated boundary lines; setback lines; proposed house footprint; offsets to house; existing grading; spot shots as necessary to show positive drainage; proposed driveway; proposed floor elevation to include basement, first floor and garage; and erosion and sediment controls, if required. The as-built plan shall be accompanied by a document prepared by a professional engineer or a certified land surveyor certifying that the as-built conditions meet the intent of the approved site grading plan. The proposed lot grading plan and the as-built survey shall be submitted to the Public Works Department prior to release of the final certificate of occupancy. C. Before adopting or revising regulations, the County shall give due notice and conduct a public hearing on the proposed or revised regulations, except that a public hearing shall not be required when the County is amending its program to conform to revisions in the state program. However, a public hearing shall be held if the County proposes or revises regulations that are more stringent than the state program. D. Pursuant to 9 10.1-561.1 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections ofland-disturbing activities shall be conducted by a certified inspector. The erosion control program of the County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person. E. The County hereby designates the Department of Public Works as the plan-approving authority. F. The program and regulations provided for in this chapter shall be made available for public inspection at the office of the Department.9fP~blic Works. G <=. S 79-4. Submission and approval of plans; contents of plans. A. Except as provided herein, no person may engage in any land-disturbing activity until he has submitted to the Department of Public Works an erosion and sediment control plan for the land-disturbing activity and such plan has been approved by the Department of Public Works. Where land-disturbing activities involve lands under the jurisdiction of more than one local control program, an erosion and sediment control plan, at the option of the applicant, may be submitted to the Board for review and approval rather than to each jurisdiction concerned. Where the land-disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the Department of Public Works. Frederick 8.20.2002 S 79-1 FREDERICK COUNTY CODE S 79-2 County may issue an Agreement in Lieu ofa Plan (residential land-disturbing permit) for a single family residence prior to the owner applying for a building permit. However, the applicable land-disturbing activity shall include, but not be limited to, clearing and grading of the site for the future residence, installation of driveway, installation of drainfield, well, etc. B. The standards contained within the Virginia Erosion and Sediment Control Regulations, this code and the latest edition of the Virginia Erosion and Sediment Control Handbook are to be used by the applicant when making a submittal under the provisions of this chapter and in the preparation of an erosion and sediment control plan. The Department of Public Works, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. When the standards vary between the publications, the state regulations shall take precedence except where the County has adopted more stringent regulations. C. The Department of Public Works shall, within 45 days, approve any such plan, ifit is determined that the plan meets the requirements of the local control program, and if the person responsible for carrying out the plan certifies that he or she will properly perform the erosion and sediment control measures included in the plan and will conform to the provisions of this chapter. In addition, as a prerequisite to approval of the plan, the person responsible for carrying out the plan shall provide the name of a responsible land disturber, who will be in charge of and responsible for carrying out the land-disturbing activity, in accordance with the approved plan. The review time for single-family agreement in lieu of plans shall comply with the Virginia Uniform Building Code requirements, which is less than 45 days. ' D. The plan shall be acted upon within 45 days from receipt thereof by either approving said plan in writing or by disapproving said plan in writing and giving specific reasons for its disapprovaL When the plan is determined to be inadequate, the Department of Public Works shall spe0fy ~ch modifications, terms and conditions that will peLmi~pproval of the plan. If no action IS taken within 45 days, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. E. Change of approved plans; required plans. (1) An approved plan may be changed by the Department of Public Works when: (a) The inspection reveals that the plan is inadequate to satisfy applicable regulations; or (b) The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be 8-20-2002 979-1 FREDERICK COUNTY CODE 9 79-2 effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the Department of Public Works and the person responsible for carrying out the plans. (2) In order to prevent further erosion, the County may require approval of a plan for any land identified in the local program as an erosion impact area. (3) When land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner. (4) Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file general erosion and sediment control specifications annually with the Board for review and written comments. The specifications shall apply to: (a) Construction, installation or maintenance of electric, natural gas and telephone utility lines, and pipelines; and (b) Construction of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of the railroad company. (5) Individual approval of separate projects within Subsection (1)(a) and (b) of this subsection is not necessary when Board-approved specifications are followed; however, projects included in Subsection (1 )(a) and (b) must comply with Board approved specifications. Projects not included in Subsection (l)(a) and (b) of this subsection shall comply with the requirements of the County's erosion and sediment control program. .., (6) -. ~ State agency projects are exempt from the provisions of this chapter except as provided for in S 10.1-564 of the Code of Virginia. S 79-5. Permits; fees; security for performance. A. Agencies authorized under any other law to issue grading, building, or other permits for activities involving land-disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed. B. No person may engage in any land-disturbing activity until he or she has acquired a land disturbance permit, unless the proposed land-disturbing activity is specifically exempt from 8-20-2002 S 79-1 FREDERlCK COUNTY CODE S 79-2 the provisions of this chapter, and has paid the fees and posted the required performance bond, cash escrow or letter of credit. C. An administrative fee shall be paid to the Department of Public Works at the time of submission of the land disturbance permit. The land disturbance permit fee is separate from all other fees paid to other departments in the County. The following fee is hereby adopted and shall be applied to land disturbance permits: 1) Commercial/Industrial Site Development Projects: Base fee of $500 plus $100 per disturbed acre or fraction thereof. 2) Construction of Infrastructure for Subdivision (Rural/Residential), Townhouses, Apartments and condominiums: Base fee of $600 plus $100 per acre of disturbed area 0.( fraction thereof 3) Single Fami~v Residence (Agreement in Lieu of a Plan): $100 per lotlbuilding unit. 4) Townhouse, Apartment and Condominiums: $20 per unit 5) Reinspection Fee Shall be Applied after Stop Work Orders have been Issued: $50 per unit in addition to paying the land disturbance permit reissuancefee (this latter amount is the original land disturbance permit fee amount). D. No land disturbance permit shall be issued until the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed. E. Security for performance. 1) All applicants for permits shall provide to the Department of Public Works a performance.bo~ cash escrow or an irrevocable letter of credit accepta~ to the program administrator in order to ensure that measures could be taken by the Department of Public Works at the applicant's expense should the applicant fail, after proper notice, and within the time specified, to initiate or maintain appropriate conservation measures required of him as a result of his land-disturbing activity. 2) The amount of the security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs and inflation, which shall 8-20-2002 9 79-1 FREDERICK COUNTY CODE 9 79-2 not exceed 25% of the cost of the conservation action. Should it be necessary for the Department of Public Works to take such conservation action, the Department of Public Works shall collect from the applicant any costs in excess of the amount of the surety held. (See Appendix 1, page 11 for estimated amounts). 3) (3)Within 60 days of adequate stabilization, as determined by the Department of Public Works in any project or section of a project, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof, shall be either refunded to the applicant or terminated, based upon the percentage of stabilization accomplished in the project or project section. Applicant requests for termination or reduction of bond, cash escrow or letter of credit shall be made in writing to the Department of Public Works. 4) Section 79-5E shall not apply to the construction of single-family residences. F. These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits. ~ 79-6. Monitoring, reports and inspections, A. The Department of Public Works shall require the person responsible for carrying out the plan to monitor the land-disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. B. Inspection; notice to comply. (1) The Department ofpublic Works shall periodically inspect the land-disturbing activity in accordance with Section 4V ACS.o.-3Q;.60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the plan, shall be given notice of the inspection. The inspection frequency shall comply with Frederick County's approved alternate inspection schedule. (See Appendix I, pages 12/). ""'" (2) Notice to comply. 3 Editor's Note: Appendix 1 is on fil~ illlhe County OBiet's. 8.20-2002 979-1 FREDERICK COUNTY CODE 9 79-2 (a) If the Department of Public Works determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities or shall be posted on the premises and documented in the records oftlte Department of Public Works. (b) The notice to comply shall specify the corrective measures required to comply with the approved plan and shall specify the time frame within such measures shall be completed. Upon failure to comply with the notice within the specified time, the land disturbance permit may be revoked, and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter and shall be subject to the penalties provided by this chapter. If the land disturbance permit has been revoked, the permittee shall reapply for the land disturbance pennit and pay all applicable fees including reinspectionfees prior to recommencing the project. A. Action in case of violation. (1) Upon determination of a violation of this chapter, the Department of Public Works shall, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been addressed. (a) {{two (2) or more Notice to Comply letters have been issuedfor violations on the same project, the county, at its discretion, may issue an immediatg. Stf1/! Work Order ~{anyfurther I'iolations are noted 4uri!!;.g subsequent site inspections. (2) Ifland-disturbing activities have commenced without an approved plan, the Department of Public Works shall, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all or part of the land-disturbing activity be stopped until an approved plan and a land disturbance permit have been obtained. Immediate stabilization may be required until the plan is approved and a land disturbance permit issued. (3) Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion ofIands or sediment deposition in waters within the watersheds of the commonwealth, or where the land-disturbing activities have commenced without an 8-20-2002 ~ 79-1 FREDERICK COUNTY CODE ~ 79-2 approved plan or any required permits, a stop-work order shall be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply. (4) If the alleged violator has not obtained an approved plan or a land disturbance permit within seven days from the date of the stop-work order, the Department of Public Works may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and a land disturbance permit have been obtained, The stop-work order shall be served upon the owner by registered or certified mail to the address specified in the land disturbance permit or the land records of Frederick County and/or shall be posted at the site of tlte violations and documented in the records of the Department of Public Works. (5) The stop-work order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of thirty days from the date of service pending application by the enforcing authority or permit holder for appropriate reliefto the Circuit Court ofthe County. (6) The owner may appeal the issuance of a stop-work order to the Circuit Court of the County. (7) Any person violating or failing, neglecting or refusing to obey an order issued by the Department of Public Works may be compelled in a proceeding instituted in the Circuit Court of the County to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. (8) Nothing in this section shall prevent the Department of Public Works from taking any other action authorized by this chapter. ~ ""'" ""'" ~ 79-7. Penalties, injunctions, and other legal actions. A. Violators of this chapter shall be guilty of a Class I misdemeanor. B. Any person who violates any provision of this chapter shall, upon a finding of the District Court of the County, be assessed a civil penalty. The civil penalty for anyone violation shall be $100, except that the civil penalty for commencement ofland-disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set offacts result in civil penalties which exceed a total of $3,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil 8-20-2002 S 79-1 FREDERICK COUNTY CODE S 79-2 penalties which exceed a total of $10,000. C. The Department of Public Works, or the owner or property which has sustained damage, or which is in imminent danger of being damaged, may apply to the Circuit Court of the County to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that an adequate remedy at law does not exist. However, an owner of property shall not apply for injunctive relief unless: (1) He has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property; and (2) Neither the person who has violated the local program nor the program authority has taken corrective action within 15 days to eliminate the conditions which have caused, or create the probability of causing, damage to his property. D. In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to the County in a civil action for damages. E. Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the Department of Public Works. Any civil penalties assessed by a court shall be paid into the Treasurer of the County, except that where the violator is the locality itself, or its agent, the court shalJ direct the penalty to be paid into the state treasury. """" F. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this chapter, the Department of Public Works may provide for the p';yment of civil charges for violations in specific sums, -. not to exceed the limit specified in Subsection E of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection E. . ""'" G. The County Attorney shall, upon request of the Department of Public Works, take legal action to enforce the provisions of this chapter. H. Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements oflaw have been met, and the complaining party must show negligence in order to recover any damages. 8-20-2002 9 79-1 FREDERICK COUNTY CODE 9 79-2 ~ 79-8. Appeals and judicial review. A. 'Any applicant under the provision of this chapter who is aggrieved by any action ofthe Department of Public Works or its agent in disapproving plans submitted pursuant to this chapter shall have the right to apply for and receive a review of such action by the County Board of Supervisors, provided an appeal is filed within 30 days from the date of the action. Any applicant who seeks an appeal hearing before the County Board of Supervisors shall be heard at the next regularly scheduled meeting, provided that they and other involved parties have at least 30 days' prior notice. In reviewing the agent's actions, the County Board of Supervisors shall consider evidence and opinions presented by the aggrieved applicant and agent. After considering the evidence and opinions, the County Board of Supervisors may affirm, reverse or modify the action. The County Board of Supervisors' decision shall be final, subject only to review by the Circuit Court of the County. B. Final decisions of the Department of Public Works under this chapter shall be subject to review by the Circuit Court of the County, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land disturbing activities. & 79-9. (Reserved) S 79-10. (Reserved) S 79-11. (Reserved) 979-12. (Reserved) 9 79-13. (Reserved) S 79-14. (Reserved) <ao. -. "'" S 79-15. (Reserved) 9 79-16. (Reserved) 9 79-17. (Reserved) S 79-18. (Reserved) 9 79-19. (Reserved) 8.20-2002 9 79-1 9 79-20. (Reserved) 9 79-20. (Reserved) 9 79~2 L (Reserved) 9 79-22. (Reserved) S 79-23. (Reserved) S 79-24. (Reserved) S 79-25. (Reserved) FREDERICK COUNTY CODE -. -- _. ~ 8-20-2002 9 79-2 -. -. COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@coJrederick.va.us TO: Board of Supervisors FROM: Cheryl B. Shiffler, Finance Director DATE: April 20, 2005 SUBJECT: Finance Committee Report and Recommendations The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, Apri120, 2005 at 8:00 a.m. Items 3, 4,5,6, 7 and 8 were approved under consent agenda. 1. The Sheriff requests approval for three additional cellular phones for the Drug Task Force. See attached memo, p. 1. The committee recommends approval. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $24.015.06. This amount represents the department's proceeds from a Sheriffs sale of department vehicles. It is requested that this amount be appropriated into Repair and Maintenance - Vehicle. No additional local funds are needed. See attached memo, p. 2. The committee recommends approval. 3. The Sheriffrequests a General Fund supplemental appropriation in the amount of $2.400.75. This amount represents donations to the department, donations to DARE and reimbursement for DARE t-shirts. It is requested that this amount be appropriated to Drug Program and Police Supplies. No additional local funds are needed. See attached memo, p. 3-7. The committee recommends approval. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $3.598.67. This amount represents the department's share in a recent forfeiture case. It is requested that this amount be appropriated to Forfeited Property. No additional local funds are needed. See attached memo, p. 8. The committee recommends approval. 5. The Department of Juvenile Justice requests a General Fund supplemental a,p,propriation in the amount of $4.896. This amount represents unspent grant funds that need to be returned to the state. No additional local funds are needed. See attached memo, p. 9-12. The committee recommends approval. 107 North Kent Street . Winchester, Virginia 22601 Finance Committee Report and Recommendations April 20, 2005 Page 2 6. The Department of Juvenile Justice requests a General Fund supplemental appropriation in the amount of $6.177. The amount represents state grant funds. No additional local funds are needed. See attached memo, p. 13. The committee recommends approval. 7. The Director of Economic Development requests a General Fund supplemental appropriation in the amount of$37.837.52. This amount represents an extension of the contract for the NetTech Center for the remaining three months ofthe current fiscal year. Federal funds are reimbursed to the county for this expenditure. No additional local funds are needed. See attached memo, p. 14-15. The committee recommends approval. 8. The Regional Jail Administrator requests a Jail Fund supplemental appropriation in the amount of $6.791. This amount represents an overpayment of grant funds received that need to be returned to the state. No additional local funds are needed. See attached memo, p. 16-17. The committee recommends approval. 9. The Regional Jail Administrator requests approval of an additional pa~er for the Home Electronic Monitoring officer. See attached memo, p. 18. The committee recommends approval. 10. Attached is information requested at last month's meeting regarding firefighter overtime. See attached information, p. 19-50. The committee requested that the county look at those employees with the highest overtime to identify patterns and locations. The committee also requested that the County Administrator work with the Fire and Rescue Association for a report at next month's meeting regarding overtime. 11. Discussion is requested on school categorical funding. The committee recommends the school transfers amounts be set at $20,000 per individual transfer and an aggregate $50,000 limit. 12. The Finance Committee discussed the intent on reviewing the school year-end surplus with consideration given to fund agreed upon capital items up to $500,000. Committee members Forrester opposed this intent. 13. Lord Fairfax Community College requested a General Fund supplemental appropriation in the amount of$417.000. This amount is needed for site development assistance for the new Workforce Development Center. Additional local funds are necessary. See attached memo, p. 51-55. This item will be considered next fiscal year after the county knows the FY 2005 year-end status. Finance Committee Report and Recommendations April 20, 2005 Page 3 ** FOR INFORMATION ONLY ** 1. Attached is a letter from the County Administrator and a response by Richard Bell ofthe Industrial Park Association. Mr. Bell will be present at the meeting to discuss his concerns. See attached letters, p. 56-57. This item was not discussed since Mr. Bell was not in attendance. 2. Attached is information requested during the budget process regarding the Virginia Cooperative Extension. See attached memo, p. 58-61. 3. The Finance Director provided a report on fund balance. See attached, p. 62. Respectfully submitted, FINANCE COMMITTEE Bill M. Ewing Richard C. Shickle Gina A. Forrester Gary Lofton Richie Wilkins Ronald Hottle By t~b~, Cheryl B. Shiffler Finance Director 1)~R\CK ~~~ COUNTY ROBERTT. WILLIAMSON Sheriff SHERIFF'S OFFl C~ MAJOR R.C. ECKMAN Chief Deputy 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 April 4, 2005 540/662-6168 FAX 540/722-4001 Cheryl Shiffler, Director of Finance Finance Committee 107 North Kent Street Winchester, VA 22601 RE: Purchase of Additional Cell Phones Dear Ms. Shiffler and Committee Members: I am requesting approval to purchase three (3) additional cell phones to be used by the Drug Task Force. The personnel assigned to the drug task force currently use SunCom however, there is an existing grant that will cover the costs of this Nextel phone service. The direct connect feature which Nextel offers with cellular service is invaluable in surveillance situations. Therefore, we are requesting three additional Nextel cellular phones at a cost of $50.00 per month per phone. The Sheriffs Office will handle all costs associated with this purchase within our current budget. Thank you for your consideration for this request. ~~JJ~ Sheriff Robert T. Williamson RTW/asn -1- ~.. -..., ROBERT T. WILLIAMSON Sheriff MAJOR R.C. ECKMAN Chief Deputy 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 540/662-6168 FAX 540/722.4001 TO Cheryl Shiffler, Director, Finance Department Finance Conunittee Sheriff R. T. Williamson J FROM SUBJECT Proceeds from Sheriffs Sale DATE April 6, 2005 Enclosed please find a check in the amount of$24,015.06. This amount represents the department's proceeds from our Sheriffs Sale of department vehicles and abandoned impounded vehicles. 3-0ID ~OI50d,O-OOOI We would like this money appropriated into revenue line-:1Hfl-15Clz-OM1, Sale of Salvage and Surplus-Sheriff and transferred into expenditure line 3102-3004-02, Repair and Maintenance of Vehicles. We have sent over two transfers in the amount of $5,000.00 each to cover the expenses incurred in this fiscal budget for the repair and maintenance of our department vehicles however, we will still have a negative balance in this line item once the transfers are made. We have checked our budget to find any "excess" funding in our expenditure lines that we could transfer into 3004-02 but with three more months left of operating expenses, we do not see the possibility of transferring an amount sufficient to cover costs for vehicle repairs. Therefore we respectfully request this amount $24,015.06 be transferred into expenditure line 3102-3004-02 to cover the costs of repairs/maintenance to vehicles in our current budget. Thank you for your consideration in this request. !ir RTW/asn FREDESUCK COUNTY SHERIFF'S OFFICE LEVY/SHERIFF'S SALE 5 NORTH KENT STREET WINCHESTER, VA 22601 1134 Date t/ It., / 05 68-251/514 OS Pay to the /' 'tt f j./ _..J - . . J. 01. Order of Ltn<...r1 (;) IY~ I $ ~'I-. D/5- .!~ ,,} . oy' i. -""" ~ 'f6b,,, o.nd,;~ D"". ~, . BANK~ ... CLARKE COUNTY 4OW. PICCADILLY st., WINCHESTeR, VA 22G01 ---. ._~-_._-~ -d-.- L ~~lCK y~~\) COUNTY SHERIFF'S OPpr- .J.C./J ROBERT T. WILLIAMSON Sheriff MAJOR R.C. ECKMAN Chief Deputy 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 5401662-6168 FAX 5401722-4001 TO Finance Department Sheriff R. T. Williamson mW \~"'t".. #v'" / Cc -'. . ..' :".\.c C[OO~J'O FROM SUBJECT Donations and Reimbursement DATE April 6, 2005 Attached please find checks from the American Legion Post #21, Middletown Elementary School and Winchester Moose #1283 totaling $878.25. This amount represents donations to the DARE program and reimbursement to the DARE program for DARE t-shirts. 3-010 -0 1~(ND-OOI5 We are requesting this amount, $878.25 be appropriated into revenue line item 3102- -189~-15 and then transferred into expenditure line item 3102-5413-01. Thank you. '1OStL . !S<-~ ~" ..........................M........................i....d.... d...I......e............t.......o........w. .. n Elemen~liry~~~ool . 190 M Lane "Mid VA 22645' .''PH. 540'869-4615 7/89 5897 5897 DATE AMOUNT ********378 DOLLARS AND 25 CENTS PAY TO THE ORDER OF: ********378.25 FREDERICK CO. D.A.R 5 NORTH KENT STREET WINCHESTER, VA 22601 PRINCIPAL PROGRAM CO.SIGNER ffi - r.." WINCHESTER MOOSE FAMILY CENTER #1283 LOYAL ORDER OF MOOSE, INC, SPECIAL ACCOUNT P.O. BOX 332 WINCHESTER, VA 22604 BANK OF CLARKE COUNTY VIRGINIA 1734 1734 68.251/514 i .J'l 5 1 '" ************ Two Hundred Fifty & 00/100 Dollars DATE AMOUNT ~ , ~ G a . '" 03/19105 *******250.00 PAY TO THE ORDER OF FREDERICK CNTY SHERIFF Q~~~~ I'n D.A.R.E. PROGRAM BRANCH BANKING AND TRUST COMPANY WINCH~STER, VIRGINIA 4'268 CONRAD HOOVER POST# 21 AMERICAN LEGION P.O. BOX 2868 WINCHESTER, VA 22604-2068 (540)662-9501 F.I.N.# 54-0470285 6B-426/514 47004 2/28/2005 PAY TO THE ORDER OF D. A. R. E. $ **250.00 ofIundredFi and 00/100********************************************** ************************* DOLLARS D.A.R.p. C/O Jer\"y park 5 N. Kent Street Winchester, Va. 22601 CHARITABLE GAMING ACCOUNT MEMO Dqnation :m~:_-J1~--_---"! ~-;ifi~Y~E~_WD~f.i:~~M~~~~~~~~~1l~?~Jg~~0R~~~~~',~~~~~ -4-- D~R1CK ~~~ COUNTY ROBERTT. WILLIAMSON Sheriff SHERIFF'S OF'F'l c~ MAJOR R.C. ECKMAN Chief Deputy 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 ~a~23<"<$ "OJ J;" ~6' ..!? T ~ ~/;' ~ ~ MAR 200';; ~ v-:. v W <e' FREDERICK ("'" .r '-', 0 ~....., ~'J,~'" ~ j r Co r', r,lNANCE [;i,-,. .....'J ""c" BY / <'~LO ----- ",1-'" :t68l9S'Il Donation ""d R,imb==on" to DARE (;'3) March 16,2005 lOOT 3-D ID-D ~ ~qqo- 00\5 540/662-6168 FAX 540/722-4001 TO Finance Department SheriffR. T. Williamson~ FROM SUBJECT DATE Enclosed please find checks totaling $1,497.50 made payable to the DARE Program. A breakdown of checks received: BPO Elks Lodge 867 Moose Lodge - Stephens City No. 2483 Orchard View Elem. PTO Stonewall Ruritan Club Indian Hollow Elem. PTO $100.00 $250.00 $333.00 $396.00 $418.50 donation donation re-imbursement (t-shirts) re- imbursement (t -shirts) re-imbursement (t-shirts) We are requesting this amount be appropriated into 3102-5413-01 DARE Program. Thank you. RTW/as!1,__, W 5,t' W T i I JI C II /I A n ~ cd d II cum c n I. BPO ELKS LODGE 867 CHARITY ACCOUNT PO BOX 25 WINCHESTER, VA 22604-0025 $tc bock o I dc' n j r s.re 1077 01/69 DATE ::r 0.. r. U 0...\"',-\ ri..5) 'd-005 B8-426/514 47001 , " . . PAY .('(') ~+' D,A.R..E3'.lho.r<!-iT""lI$ \00,00 6~6~~OF Fr~hri( k COV;-..,*l1 Shl<'TT"T <; (\ Ice - ~ -1 CO DOLLARS fD OVlQ HUl'ldr~d o."c\ "jOo ==- --- ....... , 0 , . BMf BRANCH BANKING AND TRUST COMPANY WINCHESTER, VIRGINIA -5'- s ~ . i . . :; " Ii ' , , o FOR Ocno..-t-iCh _~.c~~-,_JJ_Q,.M.~,---- M' .___,_0.__'_..---- ""~~ ~..?-"--_ _ ~ -..;l'.,,_-=---:;;;-;.:;:;;;==-'=;':::.~";"=--- --,;.~::;:-::::- -Jo-' _ .-,- - -----------C'~.t:..._ ---"""--- ~I I~ STEPHENS CITY LODGE NO. 2483 LOYAL ORDER OF THE MOOSE BINGO RAFFLE FUND P.O. BOX 1057 <..- 68-251/514 STEPHENS CITY, VA 22655 c;) ~-I '7-0 ~., 05 /nJ1 tJ !ATE :J ,{ Y _ /-I, >(. ( ~ I $ c9SZ) /t'->- j/A1duo/v 1/~o- ,f)~Ia~, y /"j/Vv;;Icrv DOLLARS fD :::.~:::. ADMINISTRATOR BANK if' ) /J TREASURE') ~~~RNOR CLARKE COUNTY ~ --7-~ FOR ~ --"'--C" 2199 PAY TO THE ORDER OF M' ,-;;!! '0\1:'"- "~=-"''''''~'':Z''-':'''''[='='',",..!n~:r::::.:..'''''. "=' 2"r.~"",=",:~,>,\",=c"u~~;~1 ORCHARD VIEW ELEMENTARY P.T.O. 4275 MIDDLE ROAD WINCHESTER, VA 22602 1973 Date '/3/ oS- 6a-42:i5J~ ~'L..o Pay to the ~r' ,{J" ,,. ~ t- jJ i. (\ ,() rf:. Or~erof ruxJ!A..l C-AL L-~,~VCf i-J(U.L' rrDr ~ 333. cro ".AI!. II,. . Ji. .f) -/'''" ^ f:1P '.f'1 /, f,~' ~ ),";:: , &/-f'l....U .Ii , ~ 't-f-ILLt-J tf4v '-"-"- " - 1'- _":LJollars fD ~1:' , BB&f BRANCH BANKING AND TRUST COMPANY WINCHESTER. VIRGINIA For /)d...t-P . f -~t';JS e~c%~,M' GVARD/A"*SAFHY KiN STONEWALL DISTRICT RURITAN CLUB, INC. P.O, BOX 245 CLEAR BROOK, VA 22624 2540 Dat~ Ck1 ( ) 0 (; ~ 6B-251/5~: Pay to the "7 n Ii (J ..-1-- D ^ IJ fY Order of:::J f1.1/~ V) r1. '~.. n q( t utlP.l>I1 c.-I-$] ~ t - lhn j~ '-fJ ~d./t ~ 11'/~h\ ~ 0 '"N Dollars fD ='"":' ~~6GNTY I 40 w. P'ICCADILLV ST.. WINCHESTER, VA 22601 For \') Af.\ t;T S' JL,J.", , -~.d~ WI' ClC'/Ia~""Ame'ICR" -~~ ,~-'! .......""-:::<:::"...-~_ ""-"""""'_ --.. --- "'_-~ ,~=="""_-"'-'- r _=--- ---;/ GUARDI.Il.NG/lSAFET\' BLUE DEB -0>- INDIAN HOLLOW ELEMENTARY SCHOOL PTO 1169 1548 N. HAYFIELD RD, '1 .-' II ' i WINCHESTER, VA 22603 Date 17 . IS 'U Z-{ 68-532/514 04 ~id:~~eaJ\J!do)\J;'Je,eiJUJ(ci~ n I~.et:. f/d,M/\1!0 I $ 4/'?:S7J -4u.t 111//{iM.J o1d.oo!\l....fl/W ""Wli)!; _____ 12Q!Jars ID~_ m~':RATHON Q ~ BANK ~UIoI1i!lUl_""fW. , 447 North Frederick Pike, Winchester, Vlrglnle 22603 Fm- 1<jJ",'h C~<Lk*f~ ' ~~t, :o-e~JCK. t'~~ COUNTY ROBERT T. WILLIAMSON Sheriff SHERIFF'~S OFFICe MAJOR R.C. ECKMAN Chief Deputy 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 540/662-6168 FAX 540/722-4001 TO : Finance Department : Sheriff R. T. Williamson ~ FROM SUBJECT : Donation to Department ~ 3-OIo-01Is'NO-oro0 Attached please find a check in the amount of $25.00 from James and Linda Keffer. This check represents a donation to the department. DATE : March 16,2005 We are requesting this amount be posted to 3102-5409-00, police supplies. Thank you. RTW/asn JAMES E. KEFFER LINDA W: KEFFER PHONE 540-888-4575 110 SYCAMORE Pl. CROSS JUNCTION, VA 22625 ;;a~~~ r:J to J, u; L (~ r:-:/ /~ ul1- q...x- '/J ILA--? f1u:v. ~,JY~ 01 ~.f ~~ WACHOVIA Wachovia Bank, N.A. .rf) ~ . .~~:-:W;.~~ ~ LT-/J . 7534 ~~~,(\~ 68-541514 BRANCH 06064 I $ d.7 .5": (/0 ~ 0. . ~ Dollars l.!.J ( S&~~"1Y f"l~f.' 0.,.11'00 ~.. .. -'}- :o~~.1CK. t'~~ COUNTY ROBERTT. WILLIAMSON Sheriff SHERIFF~S OFPl Ce MAJOR R.C. ECKMAN Chief Deputy 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 540/662-6168 FAX 540/722-4001 MEMORANDUM TO Cheryl Shiffler, Finance Department Sheriff R. T. Williamson ~ FROM SUBJECT Check from U.S. Marshal DATE March 8, 2005 (102"0 3-ol0-D33010 ~o~o Enclosed please find a check in the amount of$3,598.67 from the Department of Justice, U.S. Marshal. This amount represents our department's share in a recent forfeiture case. Attached to the check is the accompanying correspondence we received with the check. We are requesting this amount be appropriated into our budget line 5413-007, Forfeited Property. Thank you. '~.., .......~f..!.......;.........:...:...... Q...~'~1~~~1 WUU1.l Rt11UJJ ~e ii"'~"" ebruary 25, 2005 ';y.> i I ,8181_00062256: JUSTlCE , US' (lI~RSHALI :cLhKSBUI~G" WV' ***$3,598and67/100*** Check No. FREDERICK COUNTY SHERIFF'S DEPARTMENT 5 North Kent Street Winchester, VA 22601 :UN[JEO PURPOSE 04_DEA-441179 Roderick D. Jones COURT SERVICES DIRECTOR Jerrauld C. Jones Director COMMONWEALTH 0/ VIRGINIA DISTRICT OFFICE 5 North Kent Street 2nd FI., Judicial Center Winchester, Virginia 22601 Department of Juvenile Justice Twenty-Sixth Judicial District Court Service Unit (540) 667-5770 Fax (540) 667-4818 SERVING: The Cities of: Harrisonburg Winchester March 11, 2005 The Counties of: Fredrick Ciarke Warren Shenandoah Page Rockingham Ms. Cheryl Shiffler Finance Director Frederick County 107 N. Kent Street Winchester, VA 22601 Dear Ms. Shiffler: This correspondence is in reference to the attached letter from the Virginia Department of Juvenile Justice concerning the return of unspent VJCCCA Funds for FY04. Our records are in agreement with DJJ's in that we had $4,896.00 of unspent funds that need to be returned. Therefore, I am requesting that $4,896.00 be appropriated from our FY04 budget and be returned to the Department of Juvenile Justice per the guidelines in the attached letter. If you need any information or if I can assist you in any way, please do not hesitate to contact me. Thank you for your continued support. Sincerely, -9- -...,-'~--~--- ",t%1 8 9 10;1"),'>. h __, /.--., &')<, ~ '/,. IV 414 ~ v.J\ i"Y ." .s:.~ F VOS ~ lll-NJ Cil ,e:::> A_ ~, 1[" -w. -..,/ \'2 ,2;;7 ~~~-~~f ',/ <0>/ 'c?o;J \")", 1C~,5"bJClll,'" ~.r;. v 6.(... ~_"::!___ cc: Heather Stotler <l) 700 Centre, 41hFlOi 71h and Franklin Street._ Post Office Box I] ] 0 Richmond, Virginia 23218-1110 (804) 371-0700 Fax: (804) 371.0773 Voicel1DD: (804) 371-0772 Jerrauld C. Jones DIRECTOR COMMONWEALTH of VIRGINIA Department of Juvenile Justice January 7, 2005 Mr. Roderick Jones, Director 26th District Court Services Unit Judicial Center 5 North Kent Street Winchester, Vrrginia 22601 Dear Mr. Jones: The VJCCCA FY04 end of the year expenditure report has been reviewed. According to the report, the localities in the Frederick combined plan expended $174,485 of its funds available to provide services to youth and families. The breakdown offunds expended is as follows: Required Maintenance of Effort State Funds Expended $ 0 174.485 Total Expenditures $174,485 A total of$179,381 in state funds was provided to the localities. Because the state funds were not totally expended, we request that the balance of $4,896 be returned to the state as soon as possible. Your third quarter funds for FYOS cannot be released until the payment has been received. The return check should be made out to Treasurer, State of Virginia, and mail it to: Department of Juvenile Justice clo Sharon Williamson P. O. Box 1110 Richmond, Virginia 23218-1110 Attached, you will find a Fiscal Adjustment Form (FAF) and a Certification Form. The FAF must be completed because you expended more funds than budgeted in several of the programs. The Certification Form is to attest that all funds were spent as recorded in the Department of Juvenile Justice's Community Programs Reporting System. Please return both forms to: -10- Donielle Langhorne Department of Juvenile Justice State and Local Partnerships Unit P. O. Box 1110 Richmond, Virginia 23218-1110 Thank you for your attention to this request. Sincerely, ~----:2~. ;, Scott Reiner Acting Manager, DJJ State and Local Partnerships Unit cc: David Ash, Clarke County Administrator Ed Daley, Winchester City Manager John Riley, Frederick County Administrator - 1\- ~.~??~ (ji,7j.;;.~ _r.2!>:.:,~.,:..:> ~1.f j.f~'" .,~). ~ ....... .-;:,\ .oJ ",ner-.. '/. \ f;~ K \=- ;~, '- <:~~ \ I~~i !~f.'8< \';-"" f:' '\; Adm~~s~;iiC8 COMMONWEALTH of VIRGINIA C'j1ir,,:. ~. '100 (loot Floor 7rh and Franklin Streets P.O. Box 1110 Richmond, Va 23218-1110 (804) 371-0700 Fax: (804) 371-0773 Voice/TDD (804) 371-0772 as/ r~ 91 Jerrauld C. Jones Director Department of Juvenile Justice March 17, 2005 Mr. Roderick Jones, Director 26th District Court Services Unit Judicial Center 5 North Kent Street Winchester, Virginia 22601 Dear Mr. Jones: On January 7, 2005, you received notice of the need to return unexpended Virginia Juvenile Community Crime Control Act (VJCCCA) funds from fiscal year 2004 in accordance with the Appropriation Act (2004 Acts of Assembly, Chapter 4, Item 440 E.) which states: E. Notwithstanding the provisions of 916.1-309.7 B of the Code of Virginia, or any other provision of law, any funds unexpended by the localities at the close of each fiscal year shall be returned to the state treasury. According to our records, the annual expenditure report completed in your locality indicates the unexpended balance on June 30, 2004 was $4,896.00. These funds have not yet been received by the Department of Juvenile Justice. Please send a check made payable to the "Treasurer of Virginia" to: Sharon Williamson Accounting Department Department of Juvenile Justice P.O. Box 1110 Richmond, VA 23218-1110 No additional VJCCCA funds can be released until the unexpended funds have been received by DJ]. I appreciate your prompt consideration of this matter so that we may release remaining FY 2005 VJCCCA funds to your locality. Sincerely, ~ ~ Acting Manager, VJCCCA cc: Mr. David Ash, Clarke County Administrator Mr. Ed Daley, Winchester City Manager Mr. John Riley, Frederick County Administrator -18- - Roderick D. Jones COURT SERVICES DIRECTOR DISTRICT OFFICE 5 North Kent Street 2nd A., Judicial Center Winchester, Virginia 22601 Jerrauld C. Jones Director COMMONWEALTH of VIRGINIA Department of Juvenile Justice Twenty-Sixth Judicial District Court Service Unit April 14, 2005 (540) 667-5770 Fax (540) 667-4818 SERVING: The Cities of: Harrisonburg Winchester Ms. Cheryl Shiffler, Finance Director Frederick County 107 N. Kent Street Winchester, Virginia 22601 Dear Ms. Shiffler: The Counties of: Fredrick Clarke Warren Shenandoah Page Rockingham Thank you for your help in working with me and my budget. As I indicated our conversation, our VJCCCA Grant amount is $179,381.00 for FY05. (Please see the attached documentation.) Therefore I am requesting our budget be increased by $6, I 77 to reflect the entire award of$179,381.00. This amount can be placed in line item 3002-004 Supervision Plan Services. I would also like to request that $647.00 found in line item 2006-000 (Group Insurance- grant) be moved to line 3002-004-Supervision Plan Services. Thank you for your assistance. -I~- ~~ ~~ WINCHESTERIFREDERICKCOUNTY ~~ Economic Development Commission April 7, 2005 TO: Cheryl Shiffler Finance Director FROM: Patrick Barker f!;; Supplemental Appropriation Request for NetTech Center, Inc. Supplemental Lease Agreement No. 17, to Lease GS-03B-70041 Frederick County Account No. 10-8102-3002-002 RE: Based on an October 2004 approval of the FY04-05 Federal budget and extension of the contract between GSA and Winchester-Frederick County Economic Development Commission, we are requesting a supplemental appropriation to continue the requirements for the NetTech Center, Inc. contingent upon terms identified in SLA #17 to Lease Agreement GS-03B-70041 (attached). We would like to add $37,837.52 to the current appropriation amount in order to cover the rental rate for the remaining three months of the current fiscal year. This will allow EDC to receive and expend Federal monies in support of the NetTech Center. No local monies are required. As per the terms of the contract, the Government will reimburse EDC for these costs at a monthly rate of $16,882.71. We hope this request can be added to the April 20th Finance Committee agenda. Please advise our office if you anticipate a delay. Thank you for your consideration. 45 E. Boscawen Street _ Winchester, VA 22601 phone: 540-665-0973 - fax 540-722-0604 - e-mail info@wininva.com web: http://www.wininva.com ~Jy..- ( GENERAL SERVICES ADMINISTRATION PUBUC BUILDINGS SERVICE SUPPLEMENTAL AGREEMENT 0'''' SUPPLEMENTAL LEASE AGREEMENT No. 17 10 ~ () I... O'f ADDRESS OF PREMISES TO LCASE NO. 08-03B-70041 NetTech Center of Winchester 2281 Valley Avenue winchester, VA 22601 TffiS AGREEMENT, made and entered into this date by and between Winchester-Frederick County Economic Development Commission Whose address is 45 E. Boscawen Street Winchester, Va. 22601 Hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, tbe parties hereto desire to amend tbe above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that tbe said Lease is amended, effective October 1, 2004, as follows: Paragraph B, Part II of the lease is hereby deleted in its entirety and the following inserted in lieu thereof: "To have and to hold, for the term commencing on October 1,2004 and continuing through September 30, 2005 inclusive. No rental shall accrue after the effective date of the termination." The total annual rental rate shall be $202,592.52 Payable at $16,882.71 per month. All other terms and conditions of tbe lease sball remain in full force and effect. IN WITNESS WHEREOF tbe arties subscribed tbeir names as of the above date. Lessor: Winchester-Frederick County Economic Development Commission ,y ~ ~h-L ~ (Signature) ~ y:: e c<-n <-e- ']) 1'( Cc.A"'Cr" (Tnle) 45 E. Boscawen Street Winchester. Va. 22601 (Address) UNITED STATES OF AMERICA; BY ~~ ' (~gn.w byn Major Contracllna Officer (OfficlalT1tlo) .SA DC 68-1176 GSA FORM 276 JUL 67 -\5- CFFW CLARKE · FAUQUIER. FREDERICK. WINCHESTER REGIONAL ADULT DETENTION CENTER Fred D. Hildebrand Superintendent Main Facility Work Release Facility - 141 Fort Collier Road . Winchester. VA 22603 - 143 Fort Collier Road . Winchester, VA 22603 (540) 665-6374 FAX: (540) 665-1615 Records r AX: (540) 665-5691 Work Release FAX (540) 678-1339 Bruce R. Conover Assistant Superintendent MEMORANDUM TO: Cheryl Shiffler, Frederick County Finance Fred D. Hildebrand, Superintendent ~ FROM: DATE: March 24, 2005 SUBJECT: Finance Committee Request for Appropriation Request approval to return funds to DCJS as reimbursement for an overpayment in the amount of $6,791.00 which was received on 8/31/04. The funds were posted to the CFFW Regional Jail's revenue code #3-011-24040-0001 which must be transferred to expenditure code 11-3301-5413-01 Other Operating Supplies - Grant Refund in order to complete the process. Thank you for considering this request. Grantrefund3-0S/jw - llo- COMMONWEALTH of VIRGINIA Leonard G. Cooke Director Department afCriminal Justice Services March 9, 2005 805 East Broad Street, Tenth Floor Richmond. Virginia 23219 (804) 786-4000 FAX (804) 371-8981 TOO (804) 386-8732 Ms. Cheryl B. Shiffler Finance Director Frederick County 107 North Kent Street W inch ester, VA 2260] Accounts Receivable RE: Grant No: 04-B8592AD03 Dear Ms. Shiffler: The Depmiment of Criminal Justice Services' (DCJS) records indicate that the above grant ended June 30,2004. Our records also indicate that $6,791.00 in federal funds disbursed to you by DCJS were not expended. Please return these unexpended funds to DCJS, Attention: Finance Section, via a check made payable to "Treasurer of Virginia". Your prompt assistance with this matter is required. Disbursements for the current grant year may be withheld pending resolution of prior year financial obligations. If you should require further information concerning this request, please contact Mr. Charles Baber at (804) 786-6534. Very truly yours, ~jP~~, \ 1/Lh! , --C1 Reeva G. Tilley Financial Manager cc: Mr. Fred D. Hildebrand, Superintendent Carol-Lee Raimo, DCJS Monitor Ms. Judy Lloyd, DCJS Mr. Charles Baber, DCIS Criminal Justi<:e Service Board . Committee on Trairing . JUI/9n1le Justice end Delinquency Prellention A<Msory Committee Advisory Committee to Court Appoirted SpeciaJ AdI'OCale and Children's Justice Ad Programs Priwte Security Services Advisory Board . Criminal Justice Infonnalion Systems Committee -\'1- CFFW CLARKE. FAUQUIER. FREDERICK. WINCHESTER REGIONAL ADULT DETENTION CENTER Fred D. Hildebrand Superintendent Main Facility Work Release Facility - 141 FOl1 Collier Road. Winchester. VA 22603 - 143 Fort Collier Road. Winchester. VA 22603 (540) 665-6374 FAX: (540) 665-1615 Records FAX: (540) 665-5691 Work Release FAX: (540) 678-1339 Bruce R. Conover Assistant Superintendent MEMORANDUM TO: Cheryl Shiffler, Frederick County Finance ,,1\ ) Fred D. Hildebrand, Superintendent~ ~ '}.$456]89 / '\ .. "o~ r;- T ~ c ~ r>:l (,,) (~ APR " N 2005 <>. co ..... ,N FREDERICK COUNTY tn \~ FINANCE DEPT ot \~, BY . \:; \.S'. -- ~ c 1>? ~ro"" Request approval to add one pager to the Jail program. This pager will be use Home Electronic Monitoring officer to receive notification from the vendor when a participant violates confinement conditions. When this occurs immediate action is required, the pager will allow the officer notice at the instant. FROM: DATE: April 5, 2005 SUBJECT: Finance Committee Request for Approval- Pager The cost associated with this addition will be provided by the Telephone line item and will not incur any additional appropriation. The pagers are secured through a state contract vendor. Thank you for considering this request. Pager4-05/jw -IR- LCJPY . COUNTY OF FREDERICK HUMAN RESOURCE DEPARTMENT 540-665-5668 TO: ALL CAREER FIREFIGHTERS FROM: HR DEPARTMENT DATE: MARCH 17, 2005 SUBJECT: OVERTIME POLL The Frederick County Finance Committee has asked that we poll career firefighters regarding overtime. Please answer the questions below (with any comments) and return to the HR Department by March 25, 2005. Should you have any questions, please do not hesitate to contact us. ~ -------------------------------- ARE YOU FINANCIALLY DEPENDENT ON THE OVERTIME? (circkmu} YES NO COMMENTS: DO YOU WANT TO CONTINUE TO WORK THE OVERTIME?(ciTckoM,l YES NO COMMENTS: NAME: SIGNATURE: DATE: 2005 Llo C:lMyFiIcs\deplreqIFFpoI1.3-18-2005.wpd - ,~- COUNTY OF FREDERICK HR DEPARTMENT 540-665-5668 IMEMORANDUMI TO: JOHN R. RILEY, JR. COUNTY ADMINISTRATO DATE: MARCH 29, 2005 FROM: L YNSEY L. ORNDORFF HR TECHNICIAN I SUBJECT: FIREFIGHTER POLL RESULTS Provided below are results for the overtime firefighter poll we recently sent to all career firefighters eligible to receive overtime. Fifty six polls were mailed on March 21, 2005 and thirty of them were returned by March 25, 2005. Question 1 ARE YOU FINANCIALLY DEPENDENT ON THE OVERTIME? 19 YES 10NO 1 NI A (doesn't get to work It since he is on Day Shift at Gore) Question 2 DO YOU WANT TO CONTINUE TO WORK THE OVERTIME? 29 YES ONO 1 N/A We did provide a comment section for those that wanted to share their thoughts on the questions. Should you wish to review these or have any questions regarding the above information, please do not hesitate to contact me. L10 cc: Cheryl B. Shiffler Finance Director C:\MyFlles\deptreq\ffpollresulls.jrr.wpd -dD - Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF prvrp# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY -=45 ANDERSON, JOHN MICHAEL 3505 2002/08/16 .50 8.87 Total For Emp: ANDERSON, JOHN MICHAEL TOTAL .50 8.87 3838 ANDERSON, MICHAEL W. 3505 2003/08/29 6.50 100.23 3505 2003/09/30 5.00 77 .10 3505 2003/10/30 8.00 123.36 3505 2003/11/26 15.50 239.01 3505 2003/12/30 25.00 385.50 3505 2004/01/16 25.00 385.50 3505 2004/10/29 5.50 141. 24 3505 2005/01/14 16.00 308.16 3505 2005/02/16 29.50 569.24 Total For Emp: ANDERSON, MICHAEL W. TOTAL 136.00 2,329.34 ~597 AUER, PATRICK M. 3505 2002/07/16 4.50 59.63 3505 2002/08/16 15.50 211. 42 3505 2002/08/30 3.50 47.74 3505 2002/09/30 24.00 341. 00 3505 2002/10/30 4.00 56.16 3505 2002/11/27 8.50 119.34 3505 2002/12/30 19.00 266.76 Total For Emp: AUER, PATRICK M. TOTAL 79.00 1,102.05 533 AUER, PATRICK M. 3505 2003/01/30 25.50 358.02 3505 2003/02/14 3.50 49.14 3505 2003/03/14 2.50 35.10 3505 2003/04/16 14.00 210.60 3505 2003/08/15 2.00 28.78 3505 2003/08/29 .50 7.20 3505 2003/10/30 1.50 21.59 3505 2003/11/26 10.00 143.90 3505 2003/12/30 17.00 244.63 3505 2004/01/16 5.50 79.15 3505 2004/03/16 2.00 28.78 3505 2004/05/14 5.50 79.15 3505 2004/06/16 24.50 442.56 3505 2004/07/16 2.00 28.78 3505 2004/08/16 1. 00 14.75 3505 2004/09/30 1.50 22.13 3505 2004/10/29 3.50 51.63 3505 2004/11/30 .50 7.49 3505 2004/12/30 5.00 74.85 Total For Emp: AUER, PATRICK M. TOTAL 127 . 50 1,928.23 BAUSERMAN, JOHN J 3505 2003/07/16 26.00 641.92 Page: 1 -d, \~ Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME P.A 1491 BAUSERMAN, JOHN J 3505 2003/08/15 22.00 538.38 3505 2003/08/29 11.00 219.34 3505 2003/09/30 35.00 827.51 3505 2003/10/30 24.50 613 .16 3505 2003/11/26 11. 00 219.34 3505 2003/12/30 13 .50 284.15 3505 2004/01/16 30.00 677.96 3505 2004/02/13 72 .00 1,934.18 3505 2004/03/16 39.00 1,046.85 3505 2004/04/16 55.00 1,525.41 3505 2004/05/14 31. 00 807.57 3505 2004/06/16 72.00 2,033.88 3505 2004/07/16 9.00 179.46 3505 2004/08/16 85.00 2,381.26 3505 2004/08/30 70.00 2,023.56 3505 2004/09/30 64.00 1,839.60 3505 2004/10/29 33.00 889.14 3505 2004/11/30 12.00 245.28 3505 2004/12/30 52.00 1,471.68 3505 2005/01/14 47.00 1,318.38 3505 2005/02/16 25.00 549.36 3505 2005/03/16 28.00 746.36 Total For Emp: BAUSERMAN, JOHN J TOTAL 867.00 23,013.73 l625 BAUSERMAN, JOHN J. 3505 2002/07/16 13.50 238.01 - 3505 2002/08/16 36.50 826.51 3505 2002/08/30 62.00 1,643.68 3505 2002/09/30 35.00 878.50 3505 2002/10/30 44.00 1,133.56 3505 2002/11/27 53.00 1,388.62 3505 2002/12/30 31.00 765.14 3505 2003/01/30 51. 00 1,331. 94 3505 2003/02/14 17.50 393.89 3505 2003/03/14 17.50 393.89 3505 2003/04/16 16.00 350.12 3505 2003/05/16 34.00 875.36 3505 2003/06/16 26.00 544.62 Total For Emp: BAUSERMAN, JOHN J. TOTAL 437.00 10,763.84 476 BOWERS, LAURIE A 3505 2003/03/14 16.00 257.76 3505 2003/10/16 7.00 115.64 Total For Emp: BOWERS, LAURIE A TOTAL 23.00 373.40 ~53 BOWMASTER, WILLIAM R. SR 3505 2002/07/16 16.00 357.92 3505 2002/08/16 35.00 984.86 3505 2002/09/30 23.00 676.36 3505 2002/10/30 27.00 818.76 Page: 2 - d.. 0-- - Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF "')# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY 1453 BOWMASTER, WILLIAM R. SR 3505 2002/11/27 20.00 569.56 3505 2002/12/30 16.00 427.16 3505 2003/01/30 40.00 1,281.56 3505 2003/02/14 16.00 427.16 3505 2003/03/14 28.00 854.36 3505 2003/04/16 42.00 1,352.76 3505 2003/05/16 40.00 1,281.56 3505 2003/06/16 31.00 842.46 3505 2003/07/16 5.00 118.65 3505 2003/08/15 13.00 328.45 3505 2003/08/29 8.00 194.64 3505 2003/09/30 8.00 194.64 3505 2003/10/30 41. 00 1,350.46 3505 2003/11/26 19.00 462.27 3505 2003/12/30 10.00 243.30 3505 2004/01/16 5.00 132.60 Total For Emp: BOWMASTER, WILLIAM R. SR TOTAL 443.00 12,899.49 3775 BOYD, JOHN W. 3505 2003/02/14 3.00 40.92 3505 2003/03/14 10.00 136.40 3505 2003/05/16 1.50 20.46 3505 2003/06/16 1.00 13 .64 3505 2003/07/16 7.50 102.30 3505 2003/08/15 10.00 139.90 3505 2003/08/29 1.00 13.99 3505 2003/10/30 12.00 167.88 3505 2003/11/14 12.00 167.88 Total For Emp: BOYD, JOHN W. TOTAL 58.00 803.37 2765 BOYD, JOSEPH N. 3505 2002/07/16 14.00 243.88 3505 2002/08/16 36.00 771.92 3505 2002/08/30 3.50 62.83 3505 2002/09/30 6.50 116.68 3505 2002/10/30 40.00 969.44 3505 2002/11/27 61. 00 1,445.17 3505 2002/12/30 48.00 1,095.08 3505 2003/01/30 29.00 599.66 3505 2003/02/14 56.00 1,254.72 3505 2003/03/14 26.00 516.62 3505 2003/04/16 24.50 567.40 3505 2003/05/16 20.00 442.84 3505 2003/06/16 16.00 332.12 3505 2003/08/15 12.00 226.92 3505 2003/08/29 3.00 56.73 3505 2003/09/30 14.00 264.74 3505 2003/10/30 1.00 18.91 3505 2003/12/30 10.00 189.10 3505 2004/01/16 34.00 756.46 3505 2004/02/13 10.00 189.10 Page: 3 -~3- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME Pl 2765 BOYD, JOSEPH N. 3505 2004/03/16 13.00 255.29 3505 2004/04/16 38.00 964.54 3505 2004/06/16 14.00 283.66 3505 2004/07/16 6.50 122.92 3505 2004/08/16 10.00 193.80 3505 2004/08/30 63.00 1,715.13 3505 2004/09/30 25.50 625.01 3505 2004/10/29 51. 00 1,321. 79 3505 2004/11/30 16.00 363.24 3505 2004/12/30 68.50 1,952.42 3505 2005/01/14 21. 00 521.73 3505 2005/02/16 14.50 296.67 Total For Emp: BOYD, JOSEPH N. TOTAL 805.50 18,736.52 3024 BURNS, JASON E. 3505 2002/07/16 40.00 944.60 3505 2002/08/16 26.00 504.56 3505 2002/08/30 57.00 1,432.59 3505 2002/09/30 54.50 1,365.02 3505 2002/10/30 58.00 1,459.62 3505 2002/11/27 90.00 2,234.48 3505 2002/12/30 38.00 828.92 3505 2003/01/30 26.00 504.56 3505 2003/02/14 53.00 1,144.27 3505 2003/03/14 29.00 585.6~ 3505 2003/04/16 37.00 954.98 - 3505 2003/05/16 47.50 1,258.85 3505 2003/06/16 20.00 463.00 3505 2003/07/16 2.00 38.58 3505 2003/08/15 10.00 197.70 3505 2003/08/29 26.00 652.48 3505 2003/09/30 14.00 276.78 3505 2003/10/30 2.00 39.54 3505 2003/11/26 28.00 711. 80 3505 2003/12/30 24.00 593.16 3505 2004/02/13 49.00 1,235.76 3505 2004/03/16 31. 00 800.78 3505 2004/04/16 52.00 1,423.64 3505 2004/05/14 48.50 1,319.83 3505 2004/06/16 65.00 1,809.22 3505 2004/07/16 6.00 118.62 3505 2004/08/16 88.00 2,453.00 3505 2004/08/30 109.00 3,193.01 3505 2004/09/30 41. 00 1,125.13 3505 2004/10/29 96.50 2,711.49 3505 2004/11/30 45.00 1,246.77 3505 2004/12/30 124.00 3,598.46 3505 2005/01/14 62.00 1,763.74 3505 2005/02/16 11.00 222.97 Total For Emp: BURNS, JASON E. TOTAL 1,510.00 39,213.56 Page: 4 -dtf- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF r '<:># NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY 4"'189 CALDWELL, JUSTIN M. 3505 2004/11/30 1. 00 14.34 3505 2004/12/30 1.50 21. 51 3505 2005/01/14 21. 50 340.58 3505 2005/02/16 15.00 215.10 3505 2005/03/16 1.00 14.34 Total For Emp: CALDWELL, JUSTIN M. TOTAL 40.00 605.87 3542 CARPENTER, RUSSELL L. 3505 2002/08/16 2.00 27.28 3505 2002/09/30 1. 00 13.64 3505 2002/10/30 1.50 20.46 3505 2002/12/30 1.00 14.03 3505 2003/01/30 3.00 42.09 3505 2003/03/14 1. 00 14.03 3505 2003/04/16 3.00 42.09 3505 2003/05/16 2.00 28.06 3505 2003/06/16 2.50 35.08 3505 2003/08/15 2.00 28.78 3505 2003/08/29 4.50 64.76 3505 2003/09/30 .50 7.20 3505 2003/10/30 13.50 205.07 3505 2003/11/26 .50 7.20 3505 2003/12/30 25.00 359.75 3505 2004/01/16 6.00 94.92 3505 2004/02/13 13.50 213.57 3505 2004/03/16 11.50 181. 93 3505 2004/04/16 26.50 533.93 3505 2004/06/16 25.50 462.74 3505 2004/07/16 .50 7.91 3505 2004/08/16 1.00 16.22 3505 2004/08/30 1. 00 16.22 3505 2004/10/29 10.50 170.31 3505 2004/11/30 36.00 798.72 3505 2004/12/30 1.00 17.18 3505 2005/01/14 35.50 682.91 3505 2005/02/16 32.00 635.66 3505 2005/03/16 45.00 1/056.24 Total For Emp: CARPENTER, RUSSELL L. TOTAL 308.50 5/797.98 .457 CATHER, TYREE S. 3505 2002/07/16 20.00 446.68 3505 2002/08/16 45.00 1/074.63 3505 2002/08/30 30.00 741. 78 3505 2002/09/30 40.00 1/058.00 3505 2002/10/30 64.00 1/763.36 3505 2002/11/27 35.00 911.05 3505 2002/12/30 39.50 1/043.31 3505 2003/01/30 70.00 1/939.70 3505 2003/02/14 20.00 470.20 3505 2003/03/14 28.00 705.32 3505 2003/04/16 16.00 352.64 Page: 5 - 'd,5 - Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT /FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PJ! 1457 CATHER, TYREE S. 3505 2003/05/16 1B.00 411. 42 3505 2003/06/16 1B.00 411.42 3505 2003/07/16 1.00 19.59 3505 2003/08/15 13 .00 261. 04 3505 2003/08/29 38.00 1,024.08 3505 2003/10/30 10.00 200.80 3505 2003/11/26 10.00 200.80 3505 2003/12/30 32.00 742.96 3505 2004/01/16 52.00 1,563.84 3505 2004/02/13 40.00 1,042.56 3505 2004/03/16 38.00 999.12 3505 2004/04/16 27.00 749.34 3505 2004/05/14 26.00 716.76 3505 2004/06/16 36.00 1,042.56 3505 2004/07/16 27.00 749.34 3505 2004/08/16 52.00 1,602.72 3505 2004/08/30 16.00 400.68 3505 2004/09/30 28.00 801.36 3505 2004/10/29 28.00 801. 36 3505 2004/11/30 52.00 1,602.72 3505 2004/12/30 48.00 1,469.16 3505 2005/01/14 43.00 1,302.21 3505 2005/02/16 18.00 462.89 3505 2005/03/16 49.00 1,524.15 Total For Emp; CATHER, TYREE S. TOTAL 1,127.50 30,609.55 :146 CATLETT, RICKY ALLEN 3505 2002/08/16 36.00 804.10 3505 2002/08/30 27.50 659.18 3505 2002/09/30 50.00 1,329.82 3505 2002/10/30 28.00 693.80 3505 2002/11/27 82.50 2,173.00 3505 2002/12/30 63.00 1,609.25 3505 2003/01/30 26.00 539.58 3505 2003/02/14 53.00 1,223.75 3505 2003/03/14 34.50 785.32 3505 2003/04/16 17.00 375.79 3505 2003/05/16 22.00 520.34 3505 2003/06/16 16.00 346.88 3505 2003/07/16 4.00 77 .08 3505 2003/08/15 12.00 237.00 3505 2003/08/29 20.00 474.04 3505 2003/09/30 4.00 79.00 3505 2003/10/30 2.00 39.50 3505 2003/11/26 13.00 266.63 3505 2003/12/30 46.00 1,145.62 3505 2004/01/16 14.00 299.18 3505 2004/02/13 32.00 790.74 3505 2004/03/16 16.00 384.6B 3505 2004/04/16 10.00 213.70 3505 2004/05/14 19.00 480.86 3505 2004/06/16 14.00 320.56 Page: 6 -&Jo- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF --'i?# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY :rr46 CATLETT, RICKY ALLEN 3505 2004/07/16 2.00 42.74 3505 2004/08/16 30.00 744.60 3505 2004/08/30 50.00 1,511.10 3505 2004/09/30 16.00 394.20 3505 2004/10/29 31. 00 777.45 3505 2004/11/30 20.00 525.60 3505 2004/12/30 85.00 2,496.60 3505 2005/01/14 50.00 1,511.10 3505 2005/02/16 10.00 223,00 3505 2005/03/16 3.00 66.90 Total For Emp: CATLETT, RICKY ALLEN TOTAL 958.50 24,162.69 1832 CATLETT, WILLIAM D. 3505 2002/07/16 10.50 171.36 3505 2002/09/30 24.00 526.20 3505 2002/10/30 1. 00 17.54 3505 2002/12/30 14.00 245.56 3505 2003/01/30 2.00 35.08 3505 2003/03/14 1. 50 27.14 3505 2003/06/16 1..00 18.09 3505 2003/07/16 16.00 325.64 3505 2003/08/29 6.00 111.30 3505 2003/10/30 28.00 667.88 3505 2003/11/26 19.00 417.41 3505 2003/12/30 23.00 500.53 3505 2004/01/16 7.00 134.75 3505 2004/02/13 29.00 558.25 3505 2004/03/16 20.00 462.04 3505 2004/04/16 29.00 721.96 3505 20.04/07/16 26.00 539.02 3505 2004/08/16 64.00 1,775.96 3505 2004/08/30 16.00 355.16 3505 2004/09/30 52.00 1,420.76 3505 2004/10/29 16.00 355.16 3505 2004/11/30 60.00 1,558.86 3505 2004/12/30 80.00 2,052.16 3505 2005/01/14 60.00 1,558.86 3505 2005/02/16 10.00 200.90 3505 2005/03/16 29.00 753.46 Total For Emp: CATLETT, WILLIAM D. TOTAL 644.00 15,511. 03 237 COMBS, JUDY L. 3505 2003/10/16 16.50 427.19 Total For Emp: COMBS, JUDY L. TOTAL 16.50 427.19 709 DEHAVEN, STEVEN A. 3505 2002/10/30 2.00 27.28 3505 2002/11/27 13 .00 177.32 3505 2002/12/30 27.00 470.58 3505 2003/01/30 20.00 327.36 Page: 7 - ;1.1 - Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PA 3709 DEHAVEN, STEVEN A. 3505 2003/02/14 22.00 300.08 3505 2003/03/14 5.50 75.02 3505 2003/04/16 2.00 27.28 3505 2003/05/16 6.00 81.84 3505 2003/06/16 34.00 613 .80 3505 2003/07/16 4.50 61. 3 8 3505 2003/08/15 11.50 160.89 3505 2003/08/29 4.00 55.96 3505 2003/09/30 26.50 507.34 3505 2003/10/30 14.50 236.74 3505 2003/11/26 5.50 80.80 3505 2003/12/30 15.00 220.35 3505 2004/01/16 32.00 617.08 3505 2004/02/13 23.50 345.22 Total For Emp: DEHAVEN, STEVEN A. TOTAL 268.50 4,386.32 H70 DETRICK, KURT R. 3505 2004/10/29 4.00 57.36 3505 2004/11/30 4.50 64.53 3505 2004/12/30 5.50 78.87 3505 2005/01/14 14.00 200.76 3505 2005/02/16 10.00 143.40 3505 2005/03/16 1.00 14.34 Total For Emp: DETRICK, KURT R. TOTAL 39.00 559.26 - l201 ERICKSON, SHANE T. 3505 2004/11/30 .50 7.17 3505 2004/12/30 2.50 35.85 3505 2005/01/14 11. 50 164.91 3505 2005/02/16 27.00 423.03 3505 2005/03/16 16.00 258.12 Total For Emp: ERICKSON, SHANE T. TOTAL 57.50 889.08 202 FAUBER, JEREMY S. 3505 2004/11/30 .50 7.17 3505 2004/12/30 2.50 35.85 3505 2005/01/14 14.00 215.10 3505 2005/02/16 28.50 455.30 3505 2005/03/16 16.00 258.12 Total For Emp: FAUBER, JEREMY S. TOTAL 61. 50 971.54 944 FULLER, AMIE 3505 2003/10/30 6.50 90.94 3505 2003/11/26 1.50 20.99 3505 2003/12/30 9.50 132.91 3505 2004/01/16 10.50 146.90 3505 2004/02/13 12.50 174.88 3505 2004/03/16 14.50 202.86 3505 2004/04/16 26.50 472.24 Page: 8 - d-~ - Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF '1?# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY 3944 FULLER, AMIE 3505 2004/05/14 60.00 1,175.40 3505 2004/06/16 3.50 48.97 3505 2004/07/16 41. 50 787.09 3505 2004/08/16 57.50 1,150.79 3505 2004/08/30 69.00 1,398.15 3505 2004/09/30 35.00 666.81 3505 2004/10/29 63.50 1,279.85 3505 2004/11/30 66.50 1,344.38 3505 2004/12/30 84.50 1,624.01 3505 2005/01/14 95.00 1,921.56 3505 2005/02/16 26.00 401. 52 3505 2005/03/16 28.00 516.24 Total For Emp: FULLER, AMIE TOTAL 711. 50 13,556.49 1590 GRUBBS, PRESTON D. 3505 2002/07/16 16.00 360.36 3505 2002/08/16 16.00 382.16 3505 2002/08/30 26.00 700.66 3505 2002/09/30 26.00 594.46 3505 2002/10/30 48.00 1,401.36 3505 2002/11/27 38.00 1,082.86 3505 2002/12/30 66.00 1,719.78 3505 2003/01/30 32.00 785.56 3505 2003/02/14 70.00 1,995.86 3505 2003/03/14 16.00 382.16 3505 2003/04/16 41. 00 1,178.41 3505 2003/05/16 19.00 477.71 3505 2003/06/16 16.00 382.16 3505 2003/07/16 14.00 297.22 3505 2003/08/15 4.00 87.04 3505 2003/08/29 8.00 174.08 3505 2003/11/26 8.00 174.08 Total For Emp: GRUBBS, PRESTON D. TOTAL 464.00 12,175.92 l1l8 HENSELL, JASON W. 3505 2004/08/30 1.50 21.51 3505 2004/09/30 3.50 50.19 3505 2004/10/29 4.50 64.53 3505 2004/11/30 .50 7.17 3505 2004/12/30 1.50 21.51 3505 2005/01/14 13 .50 204.35 Total For Emp: HENSELL, JASON W. TOTAL 25.00 369.26 138 HOLLIDAY, SAMANTIIA J 3505 2004/10/29 7.00 100.38 3505 2004/11/30 15.00 236.61 3505 2005/01/14 4.00 57.36 3505 2005/02/16 3.00 43.02 3505 2005/03/16 2.00 28.68 Page: 9 -~q- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME Pl Total For Emp: HOLLIDAY, SAMANTHA J TOTAL 31.00 466.05 3562 HOUNSHELL, ADAM S. 3505 2002/08/16 3.00 40.92 3505 2002/08/30 4.50 61.38 3505 2002/09/30 9.00 122.76 3505 2002/10/30 4.50 61. 38 3505 2002/11/27 3.50 47.74 3505 2002/12/30 10.50 143.22 3505 2003/01/30 1. 00 14.03 3505 2003/02/14 3.00 42.09 3505 2003/03/14 1.50 21. OS 3505 2003/04/16 .50 7.02 3505 2003/05/16 4.00 56.12 3505 2003/07/16 2.50 37.65 3505 2003/08/15 13 .00 194.13 3505 2003/08/29 9.00 129.42 3505 2003/09/30 6.50 93.47 3505 2003/10/30 2.50 35.95 3505 2003/11/26 14.00 215.70 3505 2003/12/30 9.00 129 . 51 3505 2004/01/16 6.00 94.92 3505 2004/02/13 32.00 585.34 3505 2004/03/16 5.00 79.10 3505 2004/04/16 38.00 806.82 3505 2004/05/14 3.00 47.4' 3505 2004/06/16 5.00 79.10 - 3505 2004/07/16 2.00 31.64 3505 2004/09/30 9.50 154.00 3505 2004/10/29 14.00 243.16 3505 2004/11/30 6.50 106.54 3505 2004/12/30 20.00 338.60 3505 2005/01/14 12.00 206.04 3505 2005/02/16 13.00 223.34 3505 2005/03/16 16.00 309.08 Total For Emp: HOUNSHELL, ADAM S. TOTAL 283.50 4,758.68 3520 HOUNSHELL, ANDREW S. 3505 2002/08/16 2.00 27.28 3505 2002/09/30 7.00 98.28 3505 2002/10/30 1.50 21. 06 3505 2002/12/30 .50 7.02 3505 2003/01/30 4.00 56.16 3505 2003/02/14 10.00 140.40 3505 2003/03/14 2.00 28.08 3505 2003/04/16 3.00 42.12 3505 2003/05/16 2.00 30.12 3505 2003/06/16 1.00 15.06 3505 2003/08/15 12.00 185.28 3505 2003/08/29 14.00 231.58 3505 2003/09/30 12.00 202.44 3505 2003/10/30 4.00 67.48 Page: 10 - ~O- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF ""~P# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY 5520 HOUNSHELL, ANDREW S. 3505 2003/11/26 30.00 573.62 3505 2003/12/30 25.00 421. 75 3505 2004/01/16 24.00 404.88 3505 2004/02/13 10.00 168.70 3505 2004/04/16 29.00 632.71 3505 2004/05/14 36.00 809.88 3505 2004/06/16 54.00 1,181.06 3505 2004/07/16 14.00 253.06 3505 2004/08/16 28.00 622.52 3505 2004/08/30 26.50 583.61 3505 2004/09/30 40.50 946.77 3505 2004/10/29 31.50 723.53 3505 2004/11/30 25.50 565.67 3505 2004/12/30 78.00 1,946.94 3505 2005/01/14 18.50 381.50 3505 2005/02/16 41. 50 898.93 3505 2005/03/16 45.00 1,078.71 Total For Emp: HOUNSHELL, ANDREW S. TOTAL 632.00 13,346.20 4165 HUDSON, MATTHEW R. 3505 2004/10/29 5.00 71.70 3505 2004/11/30 1.00 14.34 3505 2004/12/30 2.50 35.85 3505 2005/01/14 13 .50 204.35 3505 2005/02/16 29.00 466.05 Total For Emp: HUDSON, MATTHEW R. TOTAL 51. 00 792.29 2296 JENKINS, KEITH ALLEN 3505 2002/08/16 33.00 748.44 3505 2002/08/30 16.00 349.92 3505 2002/09/30 70.00 1,924.56 3505 2002/10/30 47.00 1,253.88 3505 2002/11/27 40.00 1,049.76 3505 2002/12/30 72.00 1,885.68 3505 2003/01/30 34.00 777.60 3505 2003/02/14 68.00 1,671.84 3505 2003/03/14 31.50 704.70 3505 2003/04/16 16.00 349.92 3505 2003/05/16 18.00 408.24 3505 2003/06/16 40.00 1,049.76 3505 2003/08/15 16.00 318.72 3505 2003/08/29 35.00 926.51 3505 2003/12/30 10.00 IB5.30 3505 2004/01/16 14.00 295.12 3505 2004/02/13 17.50 426.87 3505 2004/03/16 10.50 221. 34 3505 2004/04/16 44.50 1,280.61 3505 2004/05/14 21.00 537.54 3505 2004/06/16 38.50 1,090.89 3505 2004/07/16 44.00 1,264.80 3505 2004/11/16 49.50 1,572.36 Page: 11 -"3 f - Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PA 2296 JENKINS, KEITH ALLEN 3505 2004/12/16 53.00 1,718.26 3505 2005/01/14 56.00 1,815.52 3505 2005/02/16 30.00 986.10 3505 2005/03/16 26.00 854.62 Total For Emp: JENKINS, KEITH ALLEN TOTAL 951. 00 25,668.86 2264 KEPLINGER, GARY A. 3505 2002/07/16 2.00 36.56 3505 2002/08/16 19.00 357.77 3505 2002/08/30 55.00 1,440.71 3505 2002/09/30 18.00 406.14 3505 2002/10/30 43.00 1,131.39 3505 2002/11/27 37.00 957.33 3505 2002/12/30 89.00 2,233.77 3505 2003/01/30 26.00 541. 52 3505 2003/02/14 60.00 1,527.86 3505 2003/03/14 16.00 348.12 3505 2003/04/16 16.00 348.12 3505 2003/05/16 20.00 464.16 3505 2003/06/16 16.00 348.12 3505 2003/07/16 10.00 193.40 3505 2003/08/15 2.00 39.66 3505 2003/08/29 4.00 79.32 3505 2003/09/30 4.00 79.32 3505 2003/10/30 4.00 79.32 3505 2003/12/30 20.00 426.36 - 3505 2004/01/16 8.00 158.64 3505 2004/02/13 20.00 396 . 60 3505 2004/03/16 40.00 1,070.96 3505 2004/04/16 17.00 386.71 3505 2004/05/14 45.00 1,219.71 3505 2004/06/16 25.50 639.59 3505 2004/07/16 50.00 1,269.26 3505 2004/08/16 22.00 548.64 3505 2004/08/30 16.00 372 .44 3505 2004/09/30 16.00 372.24 3505 2004/10/29 16.00 372.24 3505 2004/11/30 38.00 951.28 3505 2004/12/30 92.50 2,538.47 3505 2005/01/14 75.00 2,099.02 3505 2005/02/16 2.50 51. 70 Total For Emp: KEPLINGER, GARY A. TOTAL 944.50 23,486.45 - 04 KERN, DAVID J. 3505 2003/04/16 2.00 27.28 3505 2003/05/16 2.00 27.28 3505 2003/06/16 1. 00 13.64 3505 2003/07/16 2.00 27.28 3505 2003/08/15 3.00 41. 97 3505 2003/10/30 12.00 167.88 3505 2003/11/26 13.00 181.87 Page: 12 - 30..- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF ,# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY '- 3804 KERN, DAVID J. 3505 2003/12/30 16.00 223.84 3505 2004/01/16 10.50 146.90 3505 2004/02/13 32.00 447.68 3505 2004/03/16 12.00 167.88 3505 2004/04/16 12.50 178.38 3505 2004/05/14 3.00 41. 97 3505 2004/06/16 11. 00 153.89 3505 2004/07/16 12.00 167.88 3505 2004/08/16 10.00 143.40 3505 2004/08/30 3.00 43.02 3505 2004/09/30 5.50 78.87 3505 2004/10/29 18.50 265.29 3505 2004/11/30 12.00 172.08 3505 2004/12/30 12.00 172.08 3505 2005/01/14 28.00 480.39 3505 2005/02/16 23.00 336.99 Total For Emp: KERN, DAVID J. TOTAL 256.00 3,707.74 3879 LAUCK, JEREMY L. 3505 2003/08/29 2.50 34.98 3505 2003/10/30 1.50 20.99 3505 2003/11/26 10.00 139.90 3505 2003/12/30 18.00 251.82 3505 2004/01/16 5.50 76.95 3505 2004/02/13 10.00 139.90 3505 2004/03/16 12.00 167.88 3505 2004/04/16 35.00 650.65 3505 2004/05/14 26.00 461.74 3505 2004/06/16 1. 00 13 .99 3505 2004/07/16 3.00 41. 97 3505 2004/08/16 1. 00 14.55 3505 2004/08/30 12.00 174.60 3505 2004/09/30 12.50 185.52 3505 2004/10/29 16.00 261.92 3505 2004/11/30 25.50 475.11 3505 2004/12/30 .50 7.28 3505 2005/01/14 32.50 652.90 3505 2005/02/16 16.00 244.32 3505 2005/03/16 1. 00 15.27 Total For Emp: LAUCK, JEREMY L. TOTAL 241. 50 4,032.24 .746 LIGHT, RONALD W. 3505 2002/07/16 9.50 174.52 3505 2002/08/16 24.00 567.60 3505 2002/08/30 31. 00 766.26 3505 2002/09/30 27.50 588.67 3505 2002/10/30 90.00 2,510.34 3505 2002/11/27 68.00 1,868.16 3505 2002/12/30 44.00 1,128.68 3505 2003/01/30 27.00 574.07 3505 2003/02/14 62.50 1,610.32 Page: 13 - 33- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PA 1746 LIGHT, RONALD W. 3505 2003/03/14 25.50 627.59 3505 2003/04/16 19.50 452.45 3505 2003/05/16 17.50 394.07 3505 2003/06/16 19.50 452.45 3505 2003/07/16 11. 00 214.06 3505 2003/08/15 12.00 239.40 3505 2003/08/29 3.00 59.85 3505 2003/09/30 4.00 79.80 3505 2003/10/30 3.00 59.85 3505 2003/11/26 4.00 79.80 3505 2004/02/13 21. 50 466.98 3505 2004/03/16 49.00 1,466.10 3505 2004/04/16 26.00 716.76 3505 2004/05/14 55.50 1,677.87 3505 2004/06/16 22.00 586.44 3505 2004/07/16 18.00 390.96 3505 2004/08/16 48.50 1,485.86 3505 2004/08/30 18.50 484.16 3505 2004/09/30 16.00 400.68 3505 2004/10/29 19.00 500.85 3505 2004/11/30 54.00 1,558.20 3505 2004/12/30 46.00 1,291.08 3505 2005/01/14 83.50 2,543.21 3505 2005/02/16 26.50 651.48 3505 2005/03/16 71.00 2,277.33 Total For Emp: LIGHT, RONALD W. TOTAL 1,077.50 28,945.90 ~855 LUTTRELL, ROBERT EARL 3505 2002/07/16 2.00 33.24 3505 2002/08/16 59.00 1,381.23 3505 2002/08/30 40.50 978.93 3505 2002/09/30 26.00 500.64 3505 2002/10/30 64.50 1,622.61 3505 2002/11/27 45.00 1,099.62 3505 2002/12/30 76.00 1,768.32 3505 2003/01/30 70.50 1,745.30 3505 2003/02/14 61. 00 1,482.81 3505 2003/03/14 18.00 386.82 3505 2003/04/16 18.00 386.82 3505 2003/05/16 32.50 787.46 3505 2003/06/16 16.00 331.56 3505 2003/07/16 10.00 184.20 3505 2003/08/15 2.00 37.76 3505 2003/08/29 12.00 226.56 3505 2003/09/30 18.00 396.48 3505 2003/10/30 11.50 217.12 3505 2003/11/26 17.50 382.32 3505 2003/12/30 57.00 1,453.76 3505 2004/01/16 22.00 509.76 3505 2004/02/13 78.00 1,906.88 3505 2004/03/16 73.50 1,96B.24 3505 2004/04/16 38.00 962. aa Page: 14 -3,\,- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF '# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY 2855 LUTI'RELL, ROBERT EARL 3505 2004/05/14 58.50 1,543.44 3505 2004/06/16 26.50 637.20 3505 2004/07/16 42.00 981.76 3505 2004/08/16 54.00 1,451.46 3505 2004/08/30 75.50 2,075.61 3505 2004/09/30 36.50 943.44 3505 2004/10/29 46.00 1,219.22 3505 2004/11/30 114.00 3,096.46 3505 2004/12/30 75.00 1,895.26 3505 2005/01/14 108.00 2,965.64 3505 2005/02/16 65.50 1,713.59 3505 2005/03/16 29.00 736.50 Total For Emp: LUTI'RELL, ROBERT EARL TOTAL 1,599.00 40,010.90 4240 MACHER, GLENN F. 3505 2005/03/16 1.00 14.34 Total For Emp: MACHER, GLENN F. TOTAL 1.00 14.34 3774 MCKINLEY, ROBERT W. 3505 2003/02/14 11.50 156.86 3505 2003/03/14 5.00 68.20 3505 2003/04/16 3.50 47.74 3505 2003/05/16 1. 00 13 .64 3505 2003/06/16 2.00 27.28 3505 2003/07/16 1. 00 13 .64 3505 2003/08/15 11. 50 160.89 3505 2003/08/29 2.00 27.98 3505 2003/09/30 1. 00 13.99 3505 2003/10/30 2.00 27.98 3505 2003/11/26 3.50 48.97 3505 2003/12/30 3.50 48.97 3505 2004/01/16 5.00 69.95 3505 2004/02/13 16.50 230.84 3505 2004/04/16 3.00 41. 97 3505 2004/05/14 1.00 13.99 3505 2004/06/16 2.50 34.98 3505 2004/07/16 3.50 48.97 3505 2004/08/16 1.00 14.34 3505 2004/08/30 2.00 28.68 3505 2004/09/30 1. 00 14.34 3505 2004/10/29 7.00 100.38 3505 2004/11/30 .50 7.17 3505 2005/01/14 4.00 57.36 3505 2005/02/16 2.00 28.68 3505 2005/03/16 2.00 28.68 Total For Emp: MCKINLEY, ROBERT W. TOTAL 98.50 1,376.47 MILLER, GAIL L 3505 2002/07/16 5.00 66.20 3505 2002/08/16 18.00 286.44 Page: 15 -'35'- ~---~_._~._-_..__....~-~---.-_._._- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TlME PI 3504 MILLER, GAIL L 3505 2002/08/30 13.00 189.14 3505 2002/09/30 4.50 63.05 3505 2002/10/30 29.00 525.46 3505 2002/11/27 2.00 30.06 3505 2002/12/30 7.00 105.21 3505 2003/01/30 12.50 191. 64 3505 2003/02/14 .50 7.52 3505 2003/04/16 22.00 405.86 3505 2003/05/16 2.00 30.06 3505 2003/06/16 2.00 30.06 3505 2003/07/16 10.50 157.82 3505 2003/08/29 1. 00 15.41 3505 2003/09/30 .50 7.71 3505 2003/10/30 1. 00 15.41 3505 2003/11/26 1. 00 16.84 3505 2003/12/30 3.50 58.94 3505 2004/01/16 1.50 25.26 3505 2004/02/13 12.00 202.08 3505 2004/03/16 1.00 16.84 3505 2004/04/16 29.00 631. 50 3505 2004/05/14 5.00 84.20 Total For Emp: MILLER, GAIL L TOTAL 183.50 3,162.71 3532 MILLER, JODI L. 3505 2002/08/16 14.50 197.7'2 3505 2002/08/30 24.00 409.20_ 3505 2002/09/30 10.50 143.22 3505 2002/10/30 .50 7.03 3505 2002/11/27 58.00 1,146.08 3505 2002/12/30 29.50 576.81 3505 2003/01/30 19.00 339.30 3505 2003/02/14 52.00 1,085.76 3505 2003/03/14 16.00 271.44 3505 2003/04/16 12.00 180.96 3505 2003/05/16 16.00 271.44 3505 2003/06/16 16.00 271. 44 3505 2003/07/16 1.50 22.62 3505 2003/08/29 17.00 301.42 3505 2003/09/30 15.50 239.63 3505 2003/10/30 45.00 950.79 3505 2003/11/26 5.00 84.45 3505 2003/12/30 26.00 472 .94 3505 2004/01/16 2.00 33.78 3505 2004/02/13 15.50 261. 80 3505 2004/03/16 26.00 557.44 3505 2004/04/16 41.00 937.54 3505 2004/05/14 16.00 304.04 3505 2004/06/16 24.00 506.76 3505 2004/07/16 6.50 109.79 3505 2004/08/30 40.00 934.88 3505 2004/09/30 28.00 623.24 3505 2004/10/29 30.50 610.21 Page: 16 - 30- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF ")# NAME DEPT # CHECK DATE O-TIME HOURS O-TlME PAY 3532 MILLER, JODI L. 3505 2004/11/30 36.00 842.88 3505 2004/12/30 65.00 1,475.04 3505 2005/01/14 32.50 706.79 3505 2005/02/16 10.50 184.38 Total For Emp: MILLER, JODI L. TOTAL 751. 50 15,060.88 2580 MORGAN, RUSSELL H. III 3505 2002/08/16 16.00 328.16 3505 2002/08/30 49.00 1,230.71 3505 2002/09/30 26.00 510.46 3505 2002/10/30 64.00 1,640.96 3505 2002/11/27 16.00 337.32 3505 2002/12/30 64.00 1,461. 72 3505 2003/01/30 40.00 955.50 3505 2003/02/14 58.00 1,482.00 3505 2003/03/14 18.00 409.50 3505 2003/04/16 25.00 614.25 3505 2003/05/16 28.50 716.63 3505 2003/06/16 16.00 351. 00 3505 2003/07/16 26.00 546.00 3505 2003/08/15 2.00 40.18 3505 2003/08/29 16.00 359.80 3505 2003/09/30 27.00 689.73 3505 2003/10/30 4.00 79.96 3505 2003/11/26 7.00 139.93 3505 2003/12/30 21. 00 459.79 3505 2004/01/16 12.00 239.88 3505 2004/02/13 43.00 969.57 3505 2004/03/16 76.00 2,159.24 3505 2004/04/16 45.00 1,229.55 3505 2004/05/14 19.00 449.81 3505 2004/06/16 16.00 359.84 3505 2004/07/16 28.00 619.72 3505 2004/08/30 17.00 399.58 3505 2004/09/30 20.00 491. 80 3505 2004/10/29 28.00 747.80 3505 2004/11/30 103.00 2,980.90 3505 2004/12/30 92.00 2,534.24 3505 2005/01/14 38.00 955.50 3505 2005/02/16 16.00 373.88 3505 2005/03/16 40.00 1,121.72 Total For Emp: MORGAN, RUSSELL H. III TOTAL 1,116.50 27,986.63 3550 MYERS, DICK W. 3505 2002/07/16 2.00 26.50 3505 2002/08/16 24.00 409.20 3505 2002/08/30 2.50 34.10 3505 2002/09/30 15.00 225.06 3505 2002/10/30 4.00 54.56 3505 2002/11/27 49.00 920.70 3505 2002/12/30 57.50 944.57 Page: 17 ---:3l- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME P~ 3550 MYERS, DICK W. 3505 2003/01/30 28.00 505.44 3505 2003/02/14 15.50 242.19 3505 2003/03/14 7.00 98.28 3505 2003/04/16 16.50 263.25 3505 2003/05/16 2.50 38.50 3505 2003/06/16 26.00 431.20 3505 2003/07/16 4.00 61. 60 3505 2003/08/15 3.00 47.37 3505 2003/08/29 6.00 94.74 3505 2003/09/30 48.00 963.32 3505 2003/10/30 20.00 379.00 3505 2003/11/26 4.00 63.16 3505 2003/12/30 55.00 1,317.33 3505 2004/01/16 22.00 378.84 3505 2004/02/13 24.00 430.50 3505 2004/03/16 20.00 413.28 3505 2004/04/16 38.00 878.22 3505 2004/05/14 12.00 206.64 3505 2004/06/16 22.00 464.94 3505 2004/07/16 14.00 241. 08 3505 2004/08/16 62.00 1,535.80 3505 2004/08/30 26.00 582.52 3505 2004/09/30 16.00 317.72 3505 2004/10/29 58.50 1,354.82 3505 2004/11/30 16.00 317.72 3505 2004/12/30 13 .00 238.2e 3505 2005/01/14 12.00 211.80 3505 2005/02/16 17.00 344.20 3505 2005/03/16 20..00 389.28 Total For Emp: MYERS, DICK W. TOTAL 782.00 15,425.71 !997 NEAL, JEFFREY SCOTT 3505 2002/07/16 12.00 213.36 3505 2002/08/16 31. 00 650.36 3505 2002/08/30 16.00 329.76 3505 2002/09/30 59.00 1,511.40 3505 2002/10/30 42.00 966.30 3505 2002/11/27 60.00 1,447.28 3505 2002/12/30 36.00 787.76 3505 2003/01/30 26.00 548.80 3505 2003/02/14 45.00 1,009.40 3505 2003/03/14 29.00 637.00 3505 2003/04/16 16.00 352.80 3505 2003/05/16 32.00 823.20 3505 2003/06/16 16.00 352.80 3505 2003/08/15 8.00 160.72 3505 2003/08/29 2.00 40.18 3505 2003/09/30 4.00 80.36 3505 2003/10/30 2.00 40.18 3505 2003/11/26 4.00 80.36 3505 2003/12/30 52.00 1,245.68 3505 2004/01/16 19.00 381. 71 Page: 18 - 0'6 - Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF ~# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY 2997 NEAL, JEFFREY SCOTT 3505 2004/02/13 25.00 532.40 3505 2004/03/16 16.00 361. 64 3505 2004/04/16 26.00 663.04 3505 2004/05/14 16.00 361. 64 3505 2004/06/16 48.00 1,225.62 3505 2004/07/16 6.00 120.54 3505 2004/08/16 16.00 370.64 3505 2004/08/30 28.00 741.32 3505 2004/09/30 50.00 1,420.90 3505 2004/10/29 26.00 679.54 3505 2004/11/30 52.00 1,482.68 3505 2004/12/30 88.00 2,594.72 3505 2005/01/14 16.00 375.84 3505 2005/02/16 26.00 584.64 Total For Emp: NEAL, JEFFREY SCOTT TOTAL 950.00 23,174.57 3824 NOLL, JASON 3505 2003/06/16 1.50 20.46 3505 2003/07/16 1.00 13.64 3505 2003/08/15 2.50 34.98 3505 2003/08/29 3.50 48.97 3505 2003/09/30 1.50 20.99 3505 2003/10/30 26.00 461. 74 3505 2003/12/30 12.50 174.88 3505 2004/01/16 16.50 230.84 3505 2004/02/13 40.00 685.60 3505 2004/03/16 43.00 748.57 3505 2004/04/16 67.00 1,322.33 3505 2004/05/14 63.00 1,238.37 Total For Emp: NOLL, JASON TOTAL 278.00 5,001.37 :103 NUAR, LUKE F. 3505 2004/08/30 1.00 14.34 3505 2004/09/30 2.00 28.68 3505 2004/10/29 18.50 311.90 3505 2004/11/30 7.00 100.38 3505 2004/12/30 2.00 28.68 3505 2005/01/14 16.00 229.44 3505 2005/02/16 13.50 193.59 3505 2005/03/16 6.50 93.21 Total For Emp: NUAR, LUKE F. TOTAL 66.50 1,000.22 200 ORNDORFF, JOHN B. 3505 2004/11/30 1.50 21.51 3505 2004/12/30 3.50 50.19 3505 2005/01/14 10.50 150.57 3505 2005/02/16 10.00 143.40 Total For Emp: ORNDORFF, JOHN B. TOTAL 25.50 365.67 Page: 19 -3~~ Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PA 1179 PEARSON, GARY J. 3505 2002/08/16 38.00 1,251.54 3505 2002/08/30 34.00 1,104.30 3505 2002/09/30 44.00 1,472.40 3505 2002/10/30 22.00 662.58 3505 2002/11/27 64.00 2,085.90 3505 2002/12/30 36.00 1,055.22 3505 2003/01/30 38.00 1,128.84 3505 2003/02/14 47.00 1,337.43 3505 2003/03/14 26.00 687.12 3505 2003/04/16 29.00 920.25 3505 2003/05/16 29.00 920.25 3505 2003/06/16 19.00 552.15 3505 2003/07/16 19.00 552.15 3505 2003/08/15 7.00 176.05 3505 2003/09/30 17.00 427.55 3505 2003/10/30 6.00 150.90 3505 2003/11/26 4.00 100.60 3505 2003/12/30 10.00 251. 50 3505 2004/01/16 9.00 246.87 Total For Emp: PEARSON, GARY J. TOTAL .498.00 15,083.60 4104 PETERS, AMY L. 3505 2004/08/30 1.50 21. 51 3505 2004/09/30 24.00 430.20 3505 2004/10/29 25.50 376.43 3505 2004/11/30 11. 50 164.91 - 3505 2004/12/30 18.00 258.12 3505 2005/01/14 11.50 164.91 3505 2005/02/16 10.00 143.40 Total For Emp: PETERS, AMY L. TOTAL 102.00 1,559.48 ~823 PIFER, WILLIAM EARL III 3505 2003/06/16 2.50 34.10 3505 2003/07/16 3.00 40.92 3505 2003/08/15 6.00 83.94 3505 2003/08/29 17.00 272 .83 3505 2003/09/30 10.00 139.90 3505 2003/10/30 3.00 41. 97 3505 2003/11/26 4.50 62.96 3505 2003/12/30 30.00 475.70 3505 2004/01/16 12.00 167.88 3505 2004/02/13 28.00 433.72 3505 2004/03/16 47.00 902.53 3505 2004/04/16 61. 00 1,196.39 3505 2004/05/14 16.00 251.84 3505 2004/06/16 43.00 818.57 3505 2004/07/16 16.00 270.56 3505 2004/08/16 75.00 1,564.38 3505 2004/08/30 63.00 1,364.04 3505 2004/10/29 51. 50 1,021. 06 3505 2004/11/30 41. 50 866.96 Page: 20 -\\,O - Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF '# NAME DEPT # CHECK DATE O-TIME HOURS O-TlME PAY 3823 PIFER, WILLIAM EARL III 3505 2004/12/30 76.00 1,548.95 3505 2005/01/14 39.00 770.61 3505 2005/02/16 15.00 231.15 Total For Emp: PIFER, WILLIAM EARL III TOTAL 660.00 12,560.96 3522 POPE, JASON W. 3505 2002/07/16 12.00 159.00 3505 2002/08/16 1.00 13 .64 3505 2002/08/30 3.50 47.74 3505 2002/10/30 4.00 56.16 3505 2002/12/30 1. 00 14.04 3505 2003/02/14 .50 7.02 3505 2003/03/14 2.50 35.10 3505 2003/04/16 1.50 21. 06 3505 2003/05/16 3.50 49.14 3505 2003/06/16 1.00 14.04 3505 2003/07/16 2.50 35.10 3505 2003/08/15 3.50 50.40 3505 2003/08/29 10.00 144.00 3505 2003/09/30 1. 00 14.40 3505 2003/10/30 13.00 194.40 3505 2003/11/26 10.00 144.00 3505 2003/12/30 52.00 964.80 3505 2004/01/16 23.00 364.09 3505 2004/02/13 22.00 348.26 3505 2004/03/16 48.00 965.76 3505 2004/04/16 17.00 308.71 3505 2004/05/14 31. 00 641. 21 3505 2004/06/16 47.00 942.01 3505 2004/07/16 19.00 356.21 3505 2004/08/16 26.00 535.66 3505 2004/08/30 26.50 547.84 3505 2004/10/29 49.50 1,107.89 3505 2004/11/30 42.00 938.94 3505 2004/12/30 32.00 691. 84 3505 2005/01/14 21. 00 420.03 3505 2005/02/16 29.00 617.71 3505 2005/03/16 25.00 518.87 Total For Emp: POPE, JASON W. TOTAL 580.50 11,269.07 756 REDMAN, MICHELLE L. 3505 2003/03/14 15.50 283.65 3505 2003/05/16 6.00 109.80 3505 2003/10/16 16.50 329.67 3505 2004/10/15 5.50 114.35 Total For Emp: REDMAN, MICHELLE L. TOTAL 43.50 837.4 7 SCHEULEN, DAVID R. 3505 2004/10/29 2.50 35.85 3505 2004/11/30 3.50 50.19 Page: 21 - Y f-::- i Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE a-TIME HOURS O-TIME PA 4176 SCHEULEN, DAVID R. 3505 2004/12/30 4.50 64.53 3505 2005/01/14 18.50 301.14 3505 2005/02/16 11. 00 157.74 Total For Emp: SCHEULEN, DAVID R. TOTAL 40.00 609.45 3586 SCOTT, KENNETH R. JR. 3505 2002/07/16 17.00 258.40 3505 2002/08/16 21.50 293.26 3505 2002/08/30 4.00 54.56 3505 2002/09/30 32.00 504.68 3505 2002/10/30 4.00 56.16 3505 2002/11/27 11.50 161.46 3505 2002/12/30 12.50 175.50 3505 2003/01/30 2.00 28.08 3505 2003/02/14 20.50 287.82 3505 2003/03/14 6.50 91.26 3505 2003/04/16 6.50 91. 26 3505 2003/05/16 11.50 161.46 3505 2003/06/16 4.50 63.18 3505 2003/07/16 25.50 382.59 3505 2003/08/15 27.50 435.33 3505 2003/08/29 .50 7.20 3505 2003/09/30 3.00 43.17 3505 2003/10/30 .50 7.20 3505 2003/11/26 12.00 172 .61. 3505 2003/12/30 10.00 158.20- 3505 2004/01/16 4.00 63.28 3505 2004/02/13 20.00 316.40 3505 2004/03/16 11.00 174.02 3505 2004/04/16 30.50 628.85 3505 2004/05/14 9.50 150.29 3505 2004/06/16 12.00 189.84 3505 2004/07/16 12.50 197.75 3505 2004/08/16 11.00 178.42 3505 2004/08/30 3.50 56.74 3505 2004/09/30 3.50 56.77 3505 2004/10/29 14.00 227.08 3505 2004/11/30 17.00 282.88 3505 2004/12/30 5.50 94.49 3505 2005/02/16 11.50 197.57 Total For Emp: SCOTT, KENNETH R. JR. TOTAL 398.50 6,247.83 1516 SEALOCK, ROBERT W. 3505 2002/07/16 .50 6.63 3505 2002/08/30 1.00 13 .64 3505 2002/09/30 8.50 115.94 3505 2002/10/30 3.00 40.92 3505 2002/12/30 6.00 81. 84 3505 2003/01/30 3.50 47.74 3505 2003/02/14 12.00 163.68 3505 2003/04/16 1. 00 14.03 Page: 22 -Yd--~ Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF )# NAME DEPT # CHECK DATE a-TIME HOURS a-TIME PAY 3516 SEALOCK, ROBERT W. 3505 2003/06/16 1.50 21. 05 3505 2003/08/15 3.00 43.14 3505 2003/08/29 13 .00 203.59 3505 2003/09/30 14.00 211.12 3505 2003/10/30 16.50 282.80 3505 2003/11/26 1.00 15.08 3505 2003/12/30 19.00 339.30 3505 2004/01/16 31. 50 546.65 3505 2004/02/13 16.00 241.28 3505 2004/03/16 15.50 284.97 3505 2004/05/14 41. 00 916.86 3505 2004/06/16 19.00 371. 70 3505 2004/07/16 27.50 582.33 3505 2004/08/16 10.00 169.30 3505 2004/08/30 48.00 1,117.56 3505 2004/09/30 39.00 888.96 3505 2004/10/29 30.00 575.66 3505 2004/12/30 65.00 1,422.31 3505 2005/01/14 21. 00 389.41 3505 2005/03/16 10.00 172 .40 Total For Emp: SEALOCK, ROBERT W. TOTAL 477.00 9,279.89 :'l~55 SHOWERS, STEPHEN MARK 3505 2002/07/16 1.50 21. 93 3505 2002/08/16 1.50 22.59 3505 2002/09/30 16.50 263.09 3505 2002/10/30 95.00 2,055.69 3505 2002/11/27 56.00 1,316.08 3505 2002/12/30 64.00 1,316.00 3505 2003/01/30 29.50 560.97 3505 2003/02/14 76.00 1,737.88 3505 2003/03/14 20.00 404.92 3505 2003/04/16 16.00 303.68 3505 2003/05/16 28.00 607.40 3505 2003/06/16 17.00 328.99 3505 2003/07/16 23.00 396.45 3505 2003/08/29 1. 00 17.29 3505 2003/10/30 4.00 69.16 3505 2003/11/26 16.00 311. 24 3505 2003/12/30 41. 00 829.99 3505 2004/02/13 34.00 605.16 3505 2004/03/16 47.00 1,115.38 3505 2004/04/16 26.00 570.64 3505 2004/05/14 40.00 933.80 3505 2004/06/16 28.00 622.52 3505 2004/07/16 16.00 276.64 3505 2004/08/16 49.00 1,196.10 3505 2004/08/30 16.00 407.16 3505 2004/09/30 16.00 318.96 3505 2004/10/29 27.00 622.38 3505 2004/11/30 10.00 180.40 3505 2004/12/30 84.00 2,071.56 Page: 23 -43 - Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PA 3355 SHOWERS, STEPHEN MARK 3505 2005/01/14 50.00 1,205.26 3505 2005/02/16 38.00 866.26 3505 2005/03/16 69.50 1,850.34 Total For Emp: SHOWERS, STEPHEN MARK TOTAL 1,056.50 23,405.91 2271 SIGLER, WILLIAM M. IV 3505 2002/07/16 3.50 47.71 3505 2002/08/16 1.00 14.06 3505 2002/08/30 2.00 28.92 3505 2002/09/30 4.00 57.84 3505 2002/10/30 2.50 36.15 3505 2002/11/27 13 .00 187.98 3505 2002/12/30 1.00 14.46 3505 2003/01/30 2.00 28.92 3505 2003/02/14 20.00 289.20 3505 2003/04/16 24.00 475.80 3505 2003/05/16 36.00 761.28 3505 2003/06/16 15.00 237.90 3505 2003/07/16 4.50 71.37 3505 2003/08/29 2.00 33.92 3505 2003/09/30 5.50 93.28 3505 2003/10/30 17.00 330.72 3505 2003/11/26 4.00 67.84 3505 2003/12/30 11. 00 186.56 3505 2004/01/16 14.00 254.4C 3505 2004/02/13 12.00 203.52- 3505 2004/03/16 40.00 892.08 3505 2004/04/16 36.50 805.35 3505 2004/05/14 61. 00 1,412.46 3505 2004/06/16 25.00 520.38 3505 2004/07/16 14.00 231. 28 3505 2004/08/30 16.00 324.92 3505 2004/09/30 28.00 649.88 3505 2004/10/29 28.00 649.88 3505 2004/11/30 63.00 1,507.38 3505 2004/12/30 70.00 1,606.64 3505 2005/01/14 60.00 1,426.14 3505 2005/02/16 27.00 532.50 3505 2005/03/16 65.00 1,651.84 Total For Emp: SIGLER, WILLIAM M. IV TOTAL 727.50 15,632.56 171 SMITH, JOSEPH W. 3505 2004/10/29 8.50 121.89 3505 2004/11/30 .50 7.17 3505 2004/12/30 1.50 21. 51 3505 2005/01/14 6.50 93.21 Total For Emp: SMITH, JOSEPH W. TOTAL 17.00 243.78 'MITH, ROBERT M. 3505 2004/11/30 1.50 21.51 Page: 24 -Yl\- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF '# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY 4192 SMITH, ROBERT M. 3505 2005/01/14 14.50 225.86 3505 2005/02/16 29.50 476.81 3505 2005/03/16 20.00 344.16 Total For Emp: SMITH, ROBERT M. TOTAL 65.50 1,068.34 1596 SMITH, STEPHEN R. 3505 2002/07/16 36.00 826.46 3505 2002/08/16 40.00 1,102.68 3505 2002/08/30 45.00 1,255.83 3505 2002/09/30 26.00 673.86 3505 2002/10/30 44.00 1,225.20 3505 2002/11/27 64.50 1,853.12 3505 2002/12/30 45.50 1,271.15 3505 2003/01/30 42.00 1,163.94 3505 2003/02/14 16.00 367.56 3505 2003/03/14 16.00 367.56 3505 2003/04/16 17.00 398.19 3505 2003/05/16 16.00 367.56 3505 2003/06/16 21. 00 520.71 3505 2003/08/15 18.00 376.74 3505 2003/08/29 2.00 41. 86 3505 2003/09/30 4.00 83.72 3505 2003/10/30 5.50 115.12 3505 2003/11/26 12.00 251.16 3505 2003/12/30 42.00 983.76 3505 2004/01/16 41. 00 1,059.43 3505 2004/02/13 24.50 568.47 3505 2004/03/16 60.00 1, 743 .72 3505 2004/04/16 50.00 1,523.02 3505 2004/05/14 18.00 463.50 3505 2004/06/16 36.00 949.08 3505 2004/07/16 43.00 1,291.25 3505 2004/08/16 21. 00 576.81 3505 2004/08/30 50.00 1,560.78 3505 2004/09/30 62.00 1,967.94 3505 2004/10/29 16.00 407.16 3505 2004/11/30 16.00 407.16 3505 2004/12/30 41. 00 1,255.41 3505 2005/01/14 52.50 1,645.61 3505 2005/02/16 35.50 969.22 3505 2005/03/16 2.00 45.88 Total For Emp: SMITH, STEPHEN R. TOTAL 1,081.00 29,680.62 L607 STEUDL, KARL H. 3505 2002/08/16 18.50 437.88 3505 2002/09/16 3.50 108.99 3505 2002/10/16 10.00 321. 60 3505 2002/12/16 7.00 225.12 3505 2003/01/16 2.00 64.32 3505 2003/02/14 8.00 257.28 3505 2003/03/14 15.00 467.10 Page: 25 -Y5- Run Date: 03(17(05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PA 1607 STEUDL, KARL H. 3505 2003/04/16 3.00 96.48 3505 2003/05/16 8.00 257.28 3505 2003/06/16 13.00 418.08 3505 2003/07/16 11. 00 353.76 3505 2003/08(15 38.50 1,269.35 3505 2003/09/16 4.00 131.88 3505 2003/10/16 19.00 626.43 3505 2003(11(14 7.00 230.79 3505 2003/12/16 8.50 280.25 3505 2004/01/16 13.00 458.12 Total For Emp: STEUDL, KARL H. TOTAL 189.00 6,004.71 3773 SWIFT, PERRY W. 3505 2003/03/14 57.00 776.85 3505 2003/04(16 3.50 65.00 3505 2003/05/16 4.00 74.28 3505 2003/06/16 12.50 204.22 3505 2003/07(16 6.00 129.00 3505 2004/10/29 8.50 121. 89 3505 2004/11/30 1. 00 14.34 3505 2004(12/30 1.50 21.51 3505 2005/01/14 7.00 100.38 3505 2005/02(16 11. 00 157.74 3505 2005/03/16 3.00 43.02 Total For Emp: SWIFT, PERRY W. TOTAL 115.00 1,708.23 3878 UNGER, JEFFREY S 3505 2003/10(30 2.00 27.98 3505 2003/12/30 32.00 447.68 3505 2004/01/16 35.50 591.15 3505 2004/02/13 20.00 279.80 3505 2004/03/16 35.00 580.65 3505 2004/04/16 1.00 13.99 3505 2004/05/14 2.00 27.98 3505 2004/07/16 2.00 27.98 3505 2004/08/16 1. 00 14.55 3505 2004/08/30 1.50 21. 83 3505 2004/09/30 36.00 698.52 3505 2004/10/29 19.00 327.41 3505 2004/11/30 37.50 731. 27 3505 2004/12/30 39.00 654.81 3505 2005/01/14 9.00 130.95 3505 2005/02/16 27.00 423.03 . Total For Emp: UNGER, JEFFREY S TOTAL 299.50 4,999.58 54 WAGNER, TEAGUE L. 3505 2004/10/29 19.00 272.46 3505 2004/11/30 5.00 71. 70 3505 2004/12/30 1.50 21. 51 3505 2005/01/14 13.50 204.35 Page: 26 - L-\~- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF "'# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY 4164 WAGNER, TEAGUE L. 3505 2005/02/16 26.00 401. 52 3505 2005/03/l6 25.00 451. 71 Total For Emp: WAGNER, TEAGUE L. TOTAL 90.00 1,423.25 1454 WELSH, TIMOTHY L. 3505 2002/07/l6 12.00 393.84 3505 2002/08/16 l5.50 46l.92 3505 2002/09/l6 5.00 169.00 3505 2002/10/l6 8.50 287.30 3505 2002/11/15 8.00 270.40 3505 2002/12/16 5.50 185.90 3505 2003/01/16 7.00 236.60 3505 2003/02/14 8.00 270.40 3505 2003/03/14 57.50 1,712.47 3505 2003/04/16 3.50 118.30 3505 2003/05/16 11. 50 388.70 3505 2003/06/16 4.50 152.10 3505 2003/07/l6 3.50 121.98 3505 2003/08/15 37.00 1,321.64 3505 2003/09/16 14.00 500.08 3505 2003/10/16 30.50 1,089.46 3505 2003/11/14 10.00 357.20 3505 2003/12/16 8.50 303.62 Total For Emp: WELSH, TIMOTHY L. TOTAL 250.00 8,340.91 n36 WEST, CHRISTINE M. 3505 2002/11/27 1.50 20.46 3505 2002/12/30 1.50 20.46 3505 2003/04/16 .50 6.82 3505 2003/05/16 1.00 13.64 3505 2003/06/16 1.50 20.46 3505 2003/07/16 2.00 27.28 3505 2003/08/15 2.50 34.98 3505 2003/09/30 1.00 13 .99 3505 2003/10/30 13.50 199.37 3505 2003/12/30 24.00 433.56 3505 2004/01/l6 .50 7.00 3505 2004/03/16 2.00 .30.76 3505 2004/04/16 46.00 968.94 3505 2004/05/l4 26.50 519.08 3505 2004/06/16 36.00 738.24 3505 2004/07/16 39.00 807.45 3505 2004/08/16 34.50 642.69 3505 2004/08/30 40.00 851.72 3505 2004/09/30 27.50 555.97 3505 2004/10/29 32.00 671.16 3505 2004/11/30 50.50 1,034.71 3505 2004/12/30 71.50 1,636.16 3505 2005/01/14 25.00 506.09 3505 2005/02/16 38.00 802.78 3505 2005/03/16 40.00 942.44 Page: 27 -Yl- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF EMP# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PI Total For Emp: WEST, CHRISTINE M. TOTAL 558.00 11,506.21 1748 WHITACRE, KELLY RUSSELL 3505 2002/07/16 10.00 189.40 3505 2002/08/16 26.00 546.30 3505 2002/08/30 40.00 1,053.68 3505 2002/09/30 16.00 351.20 3505 2002/10/30 28.00 702.44 3505 2002/11/27 17.00 390.95 3505 2002/12/30 28.00 721.72 3505 2003/01/30 40.00 1,082.56 3505 2003/02/14 16.50 375.92 3505 2003/03/14 28.50 736.76 3505 2003/04/16 21.50 526.27 3505 2003/05/16 16.00 360.88 3505 2003/06/16 18.50 436.06 3505 2003/08/15 11. 00 226.05 3505 2003/08/29 17.50 416.11 3505 2003/09/30 4.00 82.20 3505 2003/10/30 11.50 236.33 3505 2003/11/26 14.00 287.70 3505 2003/12/30 29.00 595.95 3505 2004/01/16 19.00 419.33 3505 2004/02/13 13 .50 297.95 3505 2004/03/16 34.00 882.86 3505 2004/04/16 22.00 595.9- 3505 2004/05/14 17.00 430.39- 3505 2004/06/16 30.50 766.98 3505 2004/07/16 4.00 88.28 3505 2004/08/16 16.00 407.16 3505 2004/08/30 41. 00 1,255.41 3505 2004/09/30 16.50 424.13 3505 2004/10/29 22.50 627.71 3505 2004/11/30 55.00 1,730.43 3505 2004/12/30 16.00 407.16 3505 2005/02/16 1.50 51. 62 Total For Emp: WHITACRE, KELLY RUSSELL TOTAL 701.50 17,703.83 2277 WHITACRE, KEVIN L. 3505 2002/07/16 11. 00 164.67 3505 2002/08/16 10.00 154.20 3505 2002/08/30 49.00 1,071. 90 3505 2002/09/30 46.50 1,012.35 3505 2002/10/30 65.00 1,453.02 3505 2002/11/27 50.00 1,095.72 3505 2002/12/30 16.00 285.84 3505 2003/01/30 72 .00 1,619.76 3505 2003/02/14 16.00 285.84 3505 2003/03/14 17.50 321.57 3505 2003/04/16 16.00 285.84 3505 2003/05/16 31.50 655.05 3505 2003/06/16 26.00 444.64 Page: 28 -'-\~- Run Date: 03/17/05 Budget Year Overtime Report Query: BYOTRPT/FINQDEF ")# NAME DEPT # CHECK DATE O-TIME HOURS O-TIME PAY '- 2277 WHITACRE, KEVIN L. 3505 2003/07/16 1.00 15.88 3505 2003/08/15 12.00 195.36 3505 2003/08/29 14.00 244.20 3505 2003/09/30 6.00 101. 88 3505 2003/10/30 5.00 84.90 3505 2003/12/30 42.00 901.46 3505 2004/01/16 23.00 498.68 3505 2004/02/13 33.50 752.82 3505 2004/03/16 36.00 824.74 3505 2004/04/16 13.00 258.93 3505 2004/05/14 78.50 2,143.37 3505 2004/06/16 36.00 824.74 3505 2004/07/16 19.00 431. 55 3505 2004/08/16 26.00 648.78 3505 2004/08/30 16.00 358.92 3505 2004/09/30 50.50 1,391.71 3505 2004/10/29 64.50 1,810.73 3505 2004/11/30 22.00 538.70 3505 2004/12/30 56.00 1,556.32 3505 2005/01/14 29.00 748.21 3505 2005/02/16 32.50 753.17 3505 2005/03/16 52.50 1,451.57 Total For Emp: WHITACRE, KEVIN L. TOTAL 1,094.50 25,387.02 " 8 WHITE, JACOB C. 3505 2004/10/29 6.00 86.04 3505 2004/11/30 1.50 21. 51 3505 2004/12/30 3.50 50.19 3505 2005/01/14 13.50 204.35 3505 2005/02/16 26.00 401. 52 3505 2005/03/16 4.00 57.36 Total For Emp: WHITE, JACOB C. TOTAL 54.50 820.97 3842 WHITE, MICHAEL J 3505 2003/07/16 3.00 40.92 3505 . 2003/08/15 1.00 13.99 3505 2003/09/30 1.00 13.99 3505 2003/11/26 5.00 69.95 3505 2003/12/30 2.00 27.98 3505 2004/01/16 5.00 69.95 3505 2004/04/16 1.50 20.99 3505 2004/05/14 19.50 325.31 3505 2004/07/16 1.00 13 .99 3505 2004/08/16 1.50 21. 51 3505 2004/08/30 .50 7.17 3505 2004/09/30 3.00 43.02 3505 2004/10/29 22.50 397.94 3505 2004/12/30 14.50 225.86 3505 2005/01/14 15.00 215.10 3505 2005/02/16 26.00 401. 52 3505 2005/03/16 20.00 286.80 Page: 29 - 119 - Run Date: 03/17/05 Query: BYOTRPT/FINQDEF DEPT # CHECK DATE O-TIME HOURS EMP# NAME Budget Year Overtime Report O-TlME Pl. Total For Emp: WHITE, MICHAEL J TOTAL 142.00 4188 WRIGHT, JOHN K. 3505 3505 3505 3505 2,195.99 2004/11/30 2004/12/30 2005/01/14 2005/02/16 2.00 1.50 7.50 26.00 28.68 21. 51 107.55 401. 52 Total For Emp: WRIGHT, JOHN K. TOTAL 37.00 4105 YOUNKER, MARSHALL N. II 3505 3505 3505 3505 3505 3505 3505 3505 559.26 2004/08/30 2004/09/30 2004/10/29 2004/11/30 2004/12/30 2005/01/14 2005/02/16 2005/03/16 .50 2.00 14.00 5.00 6.50 18.50 38.50 9.00 7.17 28.68 215.10 71.70 93.21 311.90 670.40 129.06 Total For Emp: YOUNKER, MARSHALL N. II TOTAL 94.00 1,527'.22 Total For Dept: FIRE AND RESCUE TOTAL 28,900.50 668,634.60 FINAL TOTALS * * * END 0 F R E P 0 R T * * * TOTAL 28,900.50 668,634.60 Page: 30 -50- '~IDRD g.~ "'f{"';'" ..... '\::". FAIRFAX COMMUNITY COLLEGE YOUR FUTURE. OUR FOCUS. Community Development Center Serving Frederick County Facility Overview and Purpose . 30,000 gross square foot building . Provide additional training space for area residents and businesses . Seven multi-use classrooms . Six rooms configured from conference space . Conference space for 1000 participants . Offices for four different college departments . Design began in March - 2005 . Scheduled to be completed in 2006 Benefits to Frederick County . Providing resources necessary to respond to the training needs of business and industry . Provide classrooms for all residents to participate in lifelong learning . Provide conference facility with breakout rooms Programs and Activities . Workforce Services and Continuing Education programs Career training including apprenticeships in HV AC, plumbing, electricity, opticians, landscaping, etc. Certifications in Human Resources, Leadership, Customer Service, Manufacturing, Supervision and Warehousing Computer training including the Microsoft Office suite and advanced certifications Personal Development including art, financial planning, languages, sports, driver education, driver improvement and motorcycle training Security training - 51- . EMT Training . Command Spanish Training . Community meetings for Frederick County . Disaster Recovery location for Frederick County . Partnership with Frederick County Schools (Tech prep and Career Pathways) . Teacher training for Work Keys to assist graduation rate of Frederick County Schools . Dual Enrollment programs with Frederick County Schools . Special Events for Frederick County . Job Fairs Departments to be Housed . Workforce Services and Continuing Education Served over 300 companies last year in open enrollment - 34 % were from Frederick County (American Background, Deleo Rhemy, Fisher Diagnostic, American Woodmark, etc) 60% of companies requiring customized training were from Frederick County Revenue and participation have increased 34 % over the last two years . Lord Fairfax Small Business Development Center (SBDC) Created and retained 202 jobs for our region - 42% in Frederick County (9 months data current year) . Northern Shenandoah Valley Workforce Center Served 109 Youth and 191 unemployed or underemployed adults . Office of College Advancement Support all areas of the college and community -5'd-- CD () c CO -c c Q) I I · <( co L- CD > o M\nera\ \f'J\J fauQu\er \..ancaster ?P- \..ouoon Morgan C\'l:Y \f'J\J freor\c\<. WlO r\aro~ \f'J\J je~erson \f'J\J Ra~~ananoc\<. fa\r~'I- ROC\<.\ngna{(\ t-\o Res~onse r\a{(\~sn\re \f'J\J ?age ser\<.e\e~ \f'J\J C\W 0' 'J'J\ncneste{ 'J'J arr en snenanooan o -5:5- co CD ~ 4- ..... $ ~ ~~ CD C o CD c-o co.-- -o(/) c~ ~ 4 '- .-- co U- .0 o -, \ l -i u ~ ~ '0$ ~{3 (5.S ~ ~ '" ~ \ c '" c 2 C/) . . _ .... 0) "'0 c2"'O EO) Q) _ ~."geUlQ) tI:l~ <.) ro c~~~(/) (/) 0) ,... 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Uu..u.. >- c >- 5"E U '" -'" 0 uU >-O.c: -cro c: c 0 ::l ~ o.c-g Uroro Q) 0. C O)Q.Q) roro.c: a.t:r:(J) >-2:- cO ::l ... o II> UTi) C II> Q).c: ... u ... c: ro._ 3:3: o o o '<I" co N. ...- EI7 ::R o o o LD LD co '<t C II> E o ... c UJ (ij <5 I- _ 5 S- John Riley Frederick County Administrator 107 N. Kent Street Winchester, VA 22601 /..~~~~~-. ;~ /:-'" .....~.~ / q ??>;...\\, / ;",\" ~. (i-v ' I~ ~l ~t~ ~:'n":"'-'r..-.:W t.S1... ,--,\; ..... ," / <f",. o,-J ~~- , v/ .c'l.. . .1,0-:/ '~~~ March 24, 2005 Re: 2005-2006 Budget Dear John: Thank you for the response to my letter dated February 16th, 2005, regarding the budget process. I apologize for any misunderstanding, or implied lack of support by the county for the Departments of Planning and Development, Inspections, Public Works as well as Economic Development Commission. The intent of our letter was to encourage the decision making body to sustain and increase the level of support for those departments and organizations. As residents of the area the members of the Industrial Parks Association know very well the pressures associated with demand for services and potential increase for taxes. With this understanding we felt it necessary to voice our support during the budget debate. We are sorry if our support was interpreted in any negative manner. I will accept your invitation to come before the Finance Committee and applaud the budget support that is being presented, and I hope you do not hold our position in our letter as negative towards the Administration of Frederick County. Richard Bell President Industrial Parks Association Cc: Patrick Barker, Winchester-Frederick Economic Development Commission Eric Lawrence, Director of Planning & Development Harvey E. Strawsnyder, Jr., Director of Public Works _ReS _GEF _UT RB/tab _BMB _OWD _BEV _GAF AssistCoAdmin. . DATE; ORIGINAL: FILE - sro- COUNTY of FREDERICK John R. Riley, Jr. County Administrator March 22,2005 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us Richard Bell, President Industrial Parks Association Adams Companies 303 S. Loudoun Street Winchester, VA 22601 Dear Mr Bell: I am in receipt of your February 16, 2005 letter expressing your concern regarding the budget process for Frederick County's departments. I am very disappointed with your comments relative a perceived lack of proper support for the departments of Planning & Development, Inspections, and Public Works, as well as the Economic Development Commission. I am therefore extending an invitation to you to attend the next regular meeting of the Frederick County Finance Committee, which will take place on Wednesday, April 20th at 8:00 a.m in the First Floor Conference Room ofthe Frederick County Administration Building. At that time, I would encourage you to express your concerns to the entire Finance Committee, particularly in light of the fact that we fully funded all of the depmimental budgets that you cite as areas of concern. I sincerely hope that you will accept my invitation to appear before the Finance Committee in order that we can have a productive dialogue regarding these issues. Should you have any questions, please do not hesitate to contact me at 540-665-6382. John R. Riley, Jr. County Administrator JRRIjet cc: Patrick Barker, Director, Winchester-Frederick Economic Development Commission Eric Lawrence, Director of Planning & Development Harvey E. Strawsnyder, Jr., Director of Public Works C~ 107 North Kent Street on Winchester, Virginia 22601-5000 - 5,- V' . , Tech VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY Virginia Cooperative Extension '.Knowledge f"1 tlie (o1l111lt1nWca[t/i VIRGINIA STATE UNIVERSITY North West District Office Virginia Cooperative Extension 1316 East Main Street Luray, Virginia 22835 Phone: (540) 743-2009 Fax: (540) 743-2014 E-mail: bsbutter@vt.edu March 24, 2005 /.~12B;~ / .(r~1 ,($ ,C'-- - .,,,\ '<'1; I. '"r . " / 0. ~'{;~ .? \ Ini ~\ i (V . ...', ',,)\ If:\.f .. I :~ .~'I I ,~-: ':71 I \ f", <".1,' \"t;;,. ,.,-P ..:0 / \~'.t;> 'l-i'i_.l\)______ / . , J~ '<~~ ~E~,=,:> - ~:/ Mr. John Riley, Jr., County Administrator Frederick County 107 N. Kent Street Winchester, Virginia 22601 Dear Mr. Riley, Per our conversation following your last board meeting, I am enclosing some information which you requested. If you feel it would be advantageous for Cindy Marston or me to come and meet with your board to present this, please be in touch. As you are no doubt aware, Virginia Cooperative Extension sustained massive budget cuts from the state during the last few years. To avoid layoffs of existing staff, we allowed experienced agents who had adequate years of service to accept an alternative severance option (ASO); or in other words, to take early retirement. Agents in Planning District 7 who took advantage of this opportunity included Doris Trant, Gary Deoms, Karen Culpeper, Lester Ritenour, and Lance Kauf. In addition, Corey Childs requested a transfer to another location. While in some parts of the state, we approached localities and asked them to pool their funds to hire restricted agents with 100% local funds, we never exercised this option for Planning District 7. We did hold some of these positions vacant for a period of time until funds were available to refill positions using both state and local dollars. Virginia Cooperative Extension has been steadily rebuilding agent ranks as funds have become available. The following chart illustrates the staffing changes for positions that Frederick pays some portion of. These changes nearly refill anticipated agent positions, with the exception of the vacant FCS position in Page. We are pleased with the caliber staff serving Frederick County, and if you have not had a chance to meet the new agents, we would welcome a chance to have them visit with you. www.ext.vt.edu Extension is a joint program of Virginia Tech, Virginia State University, the U.S. Department of Agriculture, and state and local governments. Virginia Cooperative Extension programs and employment are open to all, regardless of race, color, religion, sex, age, veteran status. national origin, disability, or political affiliation. An equal opportunity/affirmative action employer. -5e,- 490,045 Ga DeOms Lester Ritneour Doris Trant Karen Cui e er Lance Kauf Core Childs Frederick Frederick Frederick Pa e Clarke Warren 8/10/03 9/25/02 12/25/04 3/10/04 8/10/03 10/25/04 *Note-Julie Shelhamer's transfer from Page to Frederick left the FCS position in Page vacant. The following chart illustrates agents serving Frederick County, percentage of salary Frederick County pays for, and the home county location. Please note that the majority of these positions are funded with 2/3 state dollars, with the remaining 1/3 coming from local dollars. The percentages listed on the chart represent the percentage salary and benefits that Frederick County contributes. All agents, except for 4-H, serve the counties in PD7. Because of this area approach to programming, we are able to offer a wider array of expertise to the citizens. Shenandoah Frederick 4-H FCS/Nutrition Frederick Frederick FCS/Finance FCS/Human Develo ment Shenandoah Pa e -59- Bill Whittle Jacob Ste ner Rachel Hensle Bobb Clark Cynthia Marston C nthia Rowles Julie Shelhamer Karen Poff Vacant 7% 20% 33% 11% 11% 11% I am attaching a handout illustrating that for every $1 invested by local government, VA Tech invests $24. Through this partnership between county and state, we support the Cooperative Extension program. I hope this description is helpful to answer questions you and your board have. I would be glad to meet with you to discuss this information or to answer additional questions. Sincerely yours. ~ko J, &/-khf7J.jJ Beverly S. Butterfield District Director C: Cindy Marston, Unit Coordinator Dr. Judith Jones, Special Consultant to Dean and Director Dr. Pat Sobrero, Director VCE Dr. Sharron Quisenberry, Dean, College of Agriculture and Life Sciences -6D - Virginia Tech Cooperative Extension. Northwest District Local Government Return on Investment FY 2005 Estimate local Government Share Salaries Fringes @ 27.9% Direct Return on Investment Direct Agent Salary Cost borne by VT Specialist and Administrative Salaries borne by VT Fringe borne by vr Subtotal salary & fringe Operating Allocation by vr Northwest District Administrative Operating Director's Reserve ANR Programs Community Initiatives FCS/FNH Programs In-Service Ag & Extension Education Marketing VC Extension Leadership Council 4H Operating 4H Publications 4H Centers Distribution Center Field Cell Phones Total Effort on behalf of NW District $628,840 175,446 $804,286 943,260 16,245,620 5,371,525 $22,560,405 216,000 76,667 71,053 5,833 4,167 4,167 30,000 4,167 4,167 2,500 25,000 8,333 12,000 31,667 10,000 $505,719.67 $23,870,411 Every $1 invested by locality translates into almost $24 worth of direct effort by VT Note: This does not include university administration, overhead, IT, space related effort on campus, research expenditures, the support of Virginia State, or the effort put forth by administration in working with the General Assembly and other funding agents. -6/ - County of Frederick Report on Fund Balance 31-Mar-05 Fund Balance, Beginning of Year, July 1. 2004 18,932,263 Prior Year Fundina and CarrYforward Amounts Animal Shelter design & stormwater (Gordondale) carryforwards Blue Ridge Appraisal prior year supplemental appropriation Commonwealth Attorney moving costs carryforward County Office Bldg. Phone system carryforward EDC Fiscal Impact Modeling carryforward EDC insurance carryforward EDC supplies carryforward Fire & Rescue Grant and Sara Title carryforward Juvenile Justice funds carryforward PPEA funds rec'd in prior year - need appropriation to reimburse Refuse Collection / Litter Control carryforwards School Operating Fund carryforward Sherando Park Bike/Ped. Grant carryforward Sheriffs Department forfeited assets carryforward Warrior Drive Carryforward LFCC Science Bldg -221,000 11,000 -10,782 -96,279 -42,378 -2,021 -2,100 -261,759 -1,199 -100,000 -11,339 -70,395 -31,015 -1,468 -70,000 -397 250 -1,307,985 Other Fundina / Adiustments Discovery Museum Reserve funds for Animal Shelter - (Inheritance) Adjust Fire Company Captial Funds Supplemental Appropriation - Iverlee Way To adjust Fire Company Proferred Reserves Audit Adjustment-To return unspent funds to general fund Journal entries to correct prior entries Clerks office budget adjustment Revenue increase - Development review fees Sheriffs Dept. Vehicles Courthouse Renovations I nspector's positions -25,000 -5,000 -83,944 -62,500 6,293 1,347,570 81 26,094 183,410 -365,688 -120,000 -22 575 878,741 Fund Balance, March 31, 2005 18,503,019 Budaeted Exoenditures over Revenue: Original FY 05 Funding from Reserves Budget Amendments (includes encumbrances) Budgeted Expenditures over Revenues 5,054,387 2,323 535 7,377,922 - b 0-,.- APPLICATION FOR OUTDOOR FESTIVAL PERMIT ~.;;;~ :.i~t':~~f~~'-, ~ 1:?~' {A' ' ' '-.- /~:;;;~>"" / (i)-' ~'\,\ (47' Rt-C[\\r0~~\ j r~ ~ \ I;:." r('C \ I .- . '~I? t.~,..I.. ~, ' \".,"" ~', \If',y'\r-''J ,! \ ~I;(:'DS.:~,~:.,~~~\~L n~\ce ~-.j / """"i,\:),-,'.J-lU ;.:; / 1'..:;:\\\1\,1> ,_ ::\, / , D~_~-' '}'?~/ COUNTY OF FREDERICK, VIRGINIA (Note: You may attach extra sheets if you need to do so.) NAME OF EVENT: lhe 0plnt Ll ve~ 01'1/ Still -.thr- One:. Ht..\.Siw.I_Fes.+ @. Wlnwe.. s.+ev Speed wo_y DATE & TIME (HOURS) OF EVENT: SI.l()do~1 ,\u.l'-l, Il) 200'5 10 AM I pM TO: The Board of Supervisors, Frederick County, Virginia. I (We), the undersigned, do hereby respectfully make application for special entertainment permit, and in support of this application, the following information is submitted: 1. Such application for special entertainment permit shall have attached to it a copy of the ticket or badge of admission to the festival, containing the date or dates and time or times of such festival, together with a statement by the applicant of the total number oftickets to be offered for sale and the best reasonable estimate by the applicant of the number of persons expected to be in attendance. n. __~~~~.., _-hcke.t ("~'~.. d (O--tL.:tchedJ. 3000 ::n cke~" he '<7)TtI~. Arf("C\x.. ~Soo reople... +n Inrlllde s+n-ff) SeC-L\..(\-h~ I \Xl-(~lnA- n.ttenden-ts) C.f)nc~SS\{")nc..\v~) C\E"lll'l-<-i> L(,~w) e: (. 2. A statement that music shall not be rendered nor entertainment provided for more than eight hours in any twenty-four hour period, such twenty-four hour period to be measured from the beginning of the first performance at the festival. t-~u. s'\C Lt.,; \ I be r I rAI.l '" rl -fY"''Y\ (\O"J"l -~ <.0 pm. 1\\\ mu,,'<:.. wi" be f'~~fc'v'VV\ed olJ..1"dooxS lAiI4-h MW\\mC.lJ (\Ol~e h",,/oo.A r("O(k'-....-h1. Outdoor Festival Permit Application Page 2 3. A statement that no person under the age of eighteen years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. A \ \ fe..~sO(\S. LA-nde,1"" -+hc.>_ Q<jr- ot=. 0..\\ -t,'(Y\e.'\ be n{{n:'Y\ron1e.r\ I . o Y n. Cj V-..O-,d ~ CL(\ . IS lt21 II b, j 0. 0,+ ro ve.n-+ 4. A statement of the name and address of the promoters of the festival, the financial backing of the festival, and the names of all persons or groups who will perform at such festival. 5 E vJ EJ\CC1\JcAlnj -T \,Lo., A. (?) e.L\. *'-1 ISQDI Lc:e f-\w'-{ Cenhe.>l,\\e. 'VA 20\21 I v..)', II ('X""(Y'/,de +(,.e ~ \"0.<10 0..1 bC1( b'n':) 5. A statement of the location of the proposed festival, the name address of the owner of the property on which such festival is to be held, and the nature and interest of the applicant therein. u\l(\che.s+e. Sr,eedCLhlj q'S() 0,(" rc('-t Rd \A)/Vlr.he~-k(', vA ,')u.c\u A.. 6e-o...-11..- I I p'(e~\c\e(\t /olJ:x,e( (').(' lA\\V\Cru<:.-kt S~;eedw~ LD()("rll",/o..m( of ("/\ltS-I'Co.. \ !=eS"i 6. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at the festival. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the county health officer. Wo.s. -t-e ~ cu"\c~~ e rt\ en t co t\ +a.l ~e(" S (AI "e a.d \..{ 0 V'\ s:, +e . AdeCltw,+e bll hl/"oo"'" -9a.c;h--he.s. I"Alveo...d~ Ol\Si+e. \) 7. A plan for providing food, water and lodging for the persons at the festival. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the county health officer. c.Ol\C.eSS\DI\ s-tu.\'\ds p,<"o-.Jde \H'V\\t-ed l'YLen\..l on s,+e.. Outdoor Festival Permit Application Page 3 l.ut'l\ [..JCl+er on s,,+e' b.o..f:lkd (Jlnfev- QVcl,ld-ble. f' r L ) . d (~, 0. 'c ee.") 0. '"\ Co nee :="s \0 n S+n.n S. No on s\ -\-e. \ Del ~in.~ Q \/0.; \ {-.A. 6 ie... 8, A plan for adequate medical facilities for persons at the festival, approved by the county health officer. lI'1efe ~~'II\ b~ ~ 1~~\1l\(~+~d _~veo," fu ~ !:L- cI \C 0,-' ...(: ~{ I _ _ _ €._ :..5:~ :E:f:e d W\+~ Cl.. l<~ nr ~mT 0..+ 0..\\ +irne"-.. 9. A plan for adequate parking facilities and traffic control in and around the festival area, l~.de..a..u~-t-e ~I s#~~ fO (bDrL~,^, DJa.c f' I=\-dd iLh' "Ct.1 0 L ( n-I-Yo I it nd ~i:s -I-D he r{",,\J'l.d e.d . 10, A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the county forest warden. IAJi \ \ hCnle G"'"e.en IDood ~,e... ~f1CLV' tvV\~Y\-l nV\ ~d-t" .d. {\d C"..\..ne.(l.!.lfl -t-e -h("C', ex-n V\~JA\S, he("<" OV\ s,\ -\-e . l) 11. A statement specifying whether any outdoor lights or lighting is to be utilized, and if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. ~~~~dit~~\ (.~~A1+ii.ti~\ h~\,\u~;ie . Outdoor Festival Permit Application Pal!;e4 12. A statement that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom shall be unreasonable audible beyond the property on which the festival is located. A\\ ('(\1..ISI(. r\o..\.!E"d 1,1..)\\\ v)C'~ O(I..+doo(s, {vA cII'Po..~\\("i l"Ln('eo..soncdQle YlOIC.e.- he.u,o<1d eyO 9""'('-t, \. 13. A statement specifying if alcoholic beverages will or will not be served, and if so, details on how it will be controlled. Evidence of any applicable ABC permit must also be attached hereto and posted at the festival as required. No a\cOhD\\~ ~Je"e.vo..3e..s w'/Il be r e { M \ -\-"'~ c'i. (w'\ 'So \ -\- E' ' 14. No permit shall be issued under this ordinance unless the applicant shall furnish to the Board written permission for the Board, its lawful agents, or duly constituted law enforcement officers to go upon the property at any time for the purpose of determining compliance with the provisions of this ordinance. The Board shall have the right to revoke any permit issued under this ordinance upon noncompliance with any of its provisions and conditions. ~v.n~~ cJucI, 6eA~ Name 1.. / f ' /S'/o7 00 [>>-J(jll WJ!f a/J~JI./&.., LJ,. d-<;l I.,J../ J\ddress . 70:';- t,3 J -DS1)S" - '/ c..,3 t..f 7 c ~oo c;, Office No. Home No.: (06/14/02) C:\TJP\fonns\OutdoorFestivalPennitMtr. wpd 03/22/2005 15:57 7038551012 PIP PRINTING PAGE 02 3000 The S.-mt Uvea Oft/still the One Musical Feat at Winchester SltHdw-ay Featuring ANDY GRIGGS Suaday, ".ly 1'1, :liDOS 1Z (noon) to 6 pm Gate. Open at U am General Admission. .D.OO ADMIT ONE Vnder the ... ~ 18 -lIIust be __panied by an .dult PRICE INCWDES 'fAX . NO EXCRAH~ES OR REF'UNDS The Spirit Uves OufStiU the One Musical Fest at Winchener Speedway Featorl... ANDY GRIGGS SUllday, July 17, aoos sz (noon) to 6 ..... Gans Open at U am General Adndadon . SZZ.OO ADMIT ONE Un.der die ... of .18 . mU&1: bellCOOllqlaDled by an adult PRICE INCLUDES TAX . NO EXCHANGES Oll REFUNDS The Spirit Uves OIl/StiU tbe One Musical Fest at Wiacheater Speedway Fea'hlrins ANDY GRIGGS Sun.day, July J.'1, aoos 1:& (noon) to 6 ..... Gate. OIlCD at 11 am Gmffal A.cbnlsaloD . ':IS.OO ADMIT ONE Vnder 1:he ... ~ f8 - must be aeCOMpaaied by an adult PIUCE INCUJDES 'fAX . NO EXCHAN~ES OR REFUNDS The Spirit Lhres On/Still tbe One Musical Fest at Winchester Speedway Featuriftg ANDY GRIGGS S1IIlIlay. July 17, Z005 1:& (_) to 6 pDt Gate. Open at 1J: am General A.dnIYdon . $Z:&.oo . ADMIT ONE Under I:he ... ~ 18 . must be __panled by an adult: PRlCE INCl.UDES TAX. . NO acUAN~ES OR REFt1NDS 3000 3000 3000 0:>/22/2005 15:57 70385oHJ12 PIP PRINTING wal'l...lIl!oll1"a-r4lllit"e;I:UJWAY .:::::r c::~ ~~: ~=G . <:;:f...~.../~.... OM SATVBDAY NtGHTS. ~ f Thll ticket onb' vaUd cia.. and u... mown On fron~ T1tb ~.. . _.... u..-.e ..... _.... taKen up .....tor .dlllllado.. ~ (--.l'ehmlIIntl Ch. ~ce). 'the hc>lderof tills deket __ aU ...~1It7I<w Ita I-., ~_... 'l:hek _It wta..ot "'" repIaee4. {'I1te .................t nlI_ the rlpt ... deelpau. wheft the hold... 01 dill dcket .ball IN< lonatMl.} TIle _.... ..t I&llOt r...._I1~le lor the '..... cIeftl'aedo..... theft of the h.ld..... ~.laGl..dbIg fthle..... while In or_ die __.._-..__- The b.... IlpWtI1I that .... tran__... detoea'~ aeeo....t. pkUsrc, or I'ePl'OdtIcdOil 01 the ._.Ita __ or alulnctara wiD.... mada wI'l:ho1Jt_ ....... _""tbm peftId_1II oI..........-t. AD rlPu ....arved wt'l:h ~ to the &bow.lta_ca ..... elulno:tara. t-'AGt. I::I.:J WlNCllE8TER. SPEEIlWAT BE SURE TO COME SEll; US AGAIN FOR THE BEST DDlT TRACK.RAClNC OM SATURDAY NtGHTS. n.l$ tloket only __Ud date and time.own on fren~ 1'hlatle_fa a ""'.....Ie D_"" _ ...._.. uP auI' .........11.. reIuMd (_ NhuldInC the .__IuuIeplrtCll). The holder 01 tId. ddrd __ aU ~uPoIDe,tor he _, ~.... t2IeIt IUld ItwU1llOt "*.............. ('I1te -..-..t ~ die I'l8ht tot detlpat>e ....heft die hold... 01 dds dek.et .baD ... ...~) The.......-* 1& _ rupone:l.le lor the ...... IIftCn1edon ... tIIeft of the bl...... ... "(Kl'tJ.llICbull,. yehlck.. -lIUe In 01'_ tile ~'....- ,..., The holder ~ thn no _......._. cIeIcrIttd-. --nt, picture, or reprodued08 ... th.. aII_.lu _ta or c>J1aaoa_ will ........... .........ut Uno ___ ~_............... of ....._.~ All "'pta rnerved with........ to th........., ltaaont_ aM~. WlHCHESTEIlSPEEOWAT BE SURE TO COME SEE US ACAIM FOil THE BEST DaT TRACK. RACING ON S4TtJR.DAY"NIGHTS. /'1'>./,.. '/,6" tI "li!r Thb ticket only vaUd date and tbQ. mown on fron~ ThIe _fa. ~le D_..... _IN......... up -.. .............. ~ 0..... nfuIuII-a: the _....-.n-l. The hol.... of dIl. tidul1;_aU ~I~ Ita leu, d_r. ..ctI_ Or theft IUId It wm"ot.... RPla<;aoL (The ___._- rII!IIel'ft. die l'iIht 1;e lktI......tawheft the hokler 01 dab tiaIlet metl.... ---l TIul_.....-e.. not ............u,Je lor tII..l.... delJtl'uodon or theh: of the holder'. IIl'Op11l'tY. lneS~ ...ehlcl.., -hlle In 01'_ the.._.__t'*-"'-. The bl.....llllJrONI'I' tINIt no _.....n..n, deac:rlpU-. _un., .1_, Of! ...............011 "" the shew. StlI -""tenu... charIo_ wSD "_da without u.. ....... __ P""'lIs.so. ~ ~ AD rlPu ....."'" 'With ......... to the ......IU _tenu and e......-.. WlNCRESTEIl SPEEOWAY BE SURE 1'0 COME SEE US MAIN FOR. TIlE BEST DIRT TI\AC:K RACING OM SATtJlU)AT NIGHTs. Thll tloket only __Hd date and ~ mOWll on'ront. ThIs t1c>ket Is . _"h u-....... _... Ia_D up ...dOl' _...... ret....d (....._dlnC_~). n.. hel"- ..dabtie....t_aU ....--"'Ismtor its ..... d-.r_....r theft amllt wta"ot .... ............. (T1Ia .....__ _rYes the rlpt to ....!pate _us tile hc>lder of thla dc10et .baIl... ...ted.) TIle .......-* fa Dot .-..-nsl"" lor The SOlI" deatl'tIetIOii .... theft of 'l:he holder's ps:..... V, tneludlnll ~ele., wItU.. In Of! on the ~-.I'aten'l". ......::1 llII"-.H.. 'the holder .__ that _ _1Dlbd_. cleleripde... .CClO....., 11I-. .... ftII&'04uetlllD 01 the mew. lta __u OJ' charactter_ will loa..... 'Without th. .......... wrttb!II pennbMen ot __. AD ripts ~..nth ntprCI-. _ _.Ita __u ...... ehlU'llChn. ~:....'-. ." c_....'. """..', ~ , j:~\ CRANWELL & MOORE Attorneys at law "'C-";:r1 ,;:,:,'! <:~,:;:~SJ-- -:<c;;i . '-v~-..;-" 1'.:'>/ T elepho~ :05-tu.:,3+f-1 000 Facsimile: 540-344-7073 Toll Free: 877-632-FELA (3352) Street Address: III Virginia Avenue, West Vinton, Virginia 24179 P,O. Box 11804 Roanoke. Virginia 24022-1804 www.cranwellmoorelaw.com March 29, 2005 John R. Riley, Jr., County Administrator County of Frederick, Virginia 107 North Kent Street Winchester, VA 22601 Re: Town of Stephens City/Frederick County Voluntary Settlement of Annexation Dear John: Please find enclosed the Notice of Public Hearing along with the Ordinance to be adopted approving the Voluntary Settlement with the Town of Stephens City. You will need to transmit the enclosed to the editor of the local newspaper to be published on April 11th, 18th, and 25th, to satisfy the statutory requirements to publish once a week for two successive weeks. I am in the process of reviewing the Voluntary Settlement and will get with Carter Glass on any revisions that need to be made. I will transmit you a final copy for attachment to the Ordinance once it has been executed. v-J C. Richard Cranwell CRC/bm Enclosure AN ORDINANCE TO ADOPT A VOLUNTARY SETTLEMENT AGREEMENT ESTABLISHING THE RIGHTS OF THE TOWN OF STEPHENS CITY AND FREDERICK COUNTY AS SET FORTH UNDER TE TERMS OF SUCH AGREEMENT, PURSUANTTO SECTION 15.2-3400 OF THE CODE OF VIRGINIA, AND AUTHORIZING THE FREDERICK COUNTY ADMINISTRATOR TO TAKE THE NECESSARY ACTION TO HAVE SUCH AGREEMENT APPROVED BY A SPECIAL THREE-JUDGE COURT PURSUANT TO SECTION 15.2-3400 OF THE VIRGINIA CODE. WHEREAS, in April and March, 2004, respectively, the Town of Stephens City ("Town") and the County of Frederick ("County") approved a Voluntary Settlement Agreement which constituted a voluntary settlement authorized by Section 15.2-3400 of the Code of Virginia, and WHEREAS, in September 2004, the Town and the County presented the Voluntary SettlementAgreementto the Commission on Local Government (the "Commission"), which conducted a hearing as required by law and which issued its findings and recommendations in a Report dated January 2005; and WHEREAS. Section 15.2-3400 of the Code of Virginia. requires the Town and the County subsequent to the Commission's review, to approve the original or a modified Voluntary Settlement Agreement ("Settlement Agreement") by an ordinance passed by a recorded vote of a majority of the members of each governing body after a duly advertised public hearing on the Settlement Agreement, and thereafter to petition the Circuit Court of Frederick County for an order affirming the Settlement Agreement and establishing the rights of the localities under the terms of the Settlement Agreement; and WHEREAS, the Town and the County now propose to enter into a modified Settlement Agreement which provides (i) for the annexation of certain territory of the County to the Town, (ii) for the development of the annexation areas in accordance with a jointly approved land use plan, (iii) for the grant of immunity to the County from annexation for a period of 15 years, and (iv) for the transfer of certain cash proffers received by the Town to the County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, THAT: 1) The Board, by this Ordinance, approves and adopts the Settlement Agreement, a copy of which is attached hereto as Exhibit A, and hereby authorizes and directs its Chair to execute the Settlement Agreement on behalf of the County. 2) The Board hereby authorizes the County Administrator, and its special legal counsel, to take all action necessary pursuantto Section 15.2-3400 of the Code of Virginia, to obtain a Court order affirming and validating the Settlement Agreement and establishing the rights of each locality as set forth under the terms of the Settlement Agreement. 3) This Ordinance shall be in full force and effect on the date of its adoption. This Ordinance was adopted on Motion made by Supervisor and seconded by Supervisor by a vote ofthe majority of the Supervisors elected to the Frederick County Board of Supervisors. Approved this day of April, 2005. Chair ATTEST: County Clerk 2 NOTICE OF PUBLIC HEARING DatelTime: Location: April 26, 2005 at 7:15 P.M. Frederick County Administration Building 107 North Kent Street Winchester, Virginia NOTICE is hereby given, pursuant to Section 15.2-3400(4) of the Code of Virginia that on April 26, 2005, at 7:15 P.M., at the Frederick County Administration Building in the Board of Supervisors Meeting Room, located at 107 North Kent Street, Winchester, Virginia, the Board of Supervisors of the County of Frederick will hold a public hearing on a Voluntary Settlement Agreement ("Settlement Agreement") between the Town of Stephens City and the County of Frederick, and the Board of Supervisors thereafter will consider for passage an ordinance to approve and adopt the Settlement Agreement. The Settlement Agreement, authorized by Section 15.2-3400 of the Code of Virginia, provides (i) for the annexation of certain territory of the County to the Town, (ii) for the development of the annexation areas in accordance with a jointly approved land use plan, (iii) for the grant of immunity to the County from annexation for a period of 15 years, and (iv) for the transfer of certain cash proffers received by the Town to the County. The Town and the County presented a Voluntary Settlement Agreement to the Commission on Local Government, which conducted a hearing as required by law and which issued its findings and recommendations in a report dated January 2005. The major provisions of the Settlement Agreement include the following: 1) Phase I Annexation. The boundaries of the Town shall be modified on the first day of the second calendar month after entry of a final order approving the Settlement Agreement by annexing to the Town certain territory described as the Phase I Annexation Areas, which consist of three separate tracts which are depicted on a survey plat attached to the Settlement Agreement. Area A lies generally to the north of the existing Town boundaries and to the west of Interstate 81 and contains approximately 255 acres. Area B lies generally southwest ofthe existing Town boundaries and contains approximately 100 acres. Area C lies between the existing boundaries of the Town and the western right-of- way of Interstate 81 and contains approximately 5 acres. 2) Town Service Within Phase I Annexation Area. On the effective date of the Phase I Annexation, the Town shall extend its municipal services on the same basis and at the same level as services now are provided to areas within the Town's current corporate limits. Within two years following the effective date of the Phase I Annexation, the Town shall initiate construction of a sewage collection system to serve the Massie Street subdivision. The Town also shall initiate construction of sewer facilities to serve the West Fairfax Street area within 7 years following the effective date of the Phase I Annexation provided certain financial grants are obtained. 3) Deannexation. The boundaries of the Town also shall be modified by the deannexation of a parcel of approximately 17.7 acres lying in the northwest part of the Town, south of State Route 648. The deannexation shall take effect on the first date of the second calendar month after entry of the final court order. 4) Phase" Annexation. The Town may annex by ordinance, after the effective date of the Settlement Agreement, additional territory lying generally to the south of the existing Town limits and to the west of Interstate 81, as shown on the survey plat attached to the Settlement Agreement. Such territory contains approximately 350 acres. At its option, the Town may annex (i) those tax parcels which are developed at the time it 2 proposed annexation, (ii) those tax parcels for which the County has issued a building permit for construction, and (iii) those tax parcels whose owners have requested annexation. When 60% of the total acres in the Phase II Annexation Area have developed, the Town may annex all remaining parcels of property within the Phase II Annexation Area. The Settlement Agreement also prescribes the steps the Town must follow prior to adopting an ordinance annexing any such parcel, including an advertised public hearing. 5) Town Service Within Phase II Annexation Area. On the effective date of any Phase II Annexation, the Town shall extend its municipal services on the same basis and at the same level as services now are provided to areas within the Town's current corporate limits. 6) Waiver of Annexation Riahts. For a period of 15 years following the effective date of the Phase I Annexation, the Town will waive its right to seek annexation of any County territory except the Phase II Annexation Area. In the event property owners or voters initiate an annexation action, the Town will not support any such proceeding and, if requested by the County, will oppose such proceedings. 7) Development in Accordance with Joint and Use Plan . The Settlement Agreement includes a future land use plan and map (the "Joint Land Use Plan"), which depicts the types of land uses that the Town and County have agreed are the most appropriate for the Phase I and Phase II Annexation Areas. The Town shall adopt interim zoning classifications for properties annexed into the Town as specified in the Settlement Agreement and thereafter shall rezone properties only to districts that "substantially conform" to the Joint Land Use Plan. The Town shall follow the Joint Land Use Plan until 3 60% of the total acres in the Phase I and Phase II Annexation Areas have developed. At that time, all land use decisions will be within the Town's sole authority. 8) Protection of Aaricultural Properties. Following the effective date of the Phase I Annexation, the Town shall adopt a program of use value assessment for properties devoted to agricultural, horticultural, forest, and open space uses. The Town also shall amend its zoning ordinance to establish an agricultural zoning district that is substantially similar to the County's agricultural district. Any actions by the Town rezoning properties in the Phase I or Phase II Annexation Areas to the agricultural district must substantially conform to the Joint Land Use Plan. 9) Cash Proffers. The Town will pay to the County certain cash proffers paid by landowners in connection with a rezoning. Where proffers are made in connection with a rezoning in the Phase I or Phase II Annexation Areas, the Town will transfer to the County all payments in the following categories: (a) 100% of proffers specifically designated by the applicant for school, fire, or rescue facilities, and (b) 40% of all proffers designated for any other capital fac.ilities. However, the Town will not be required to pay to the County any portion of a cash proffer designated for a project that will be the sole obligation of the Town to construct or develop. Likewise, the Town will pay the County the entire amount of any cash proffer designated for a project that will be the sole obligation of the County to construct or develop. 10) Court Approval. The Town and the County shall promptly take steps required by Virginia law to obtain approval of the Settlement Agreement by a special court constituted for that purpose. If the Settlement Agreement is not affirmed without 4 modification, the Settlement Agreement shall immediately terminate unless the Town and the County expressly agree to the recommended modifications. 11) Miscellaneous Provisions. The Settlement Agreement also contains provisions relating to the process by which the Settlement Agreement may be amended or supplemented in the future, the binding effect of the Settlement Agreement on future governing bodies of the Town and the County and any successor to the Town or the County, and the enforcement of the terms and conditions of the Settlement Agreement. The foregoing description is only a summary of the Settlement Agreement and reference should be made to the full text of the Settlement Agreement for the details of all terms and conditions. A copy of the Settlement Agreement is on file and available for inspection by the public in the Clerk's Office of the Circuit Court of Frederick County, located at the Frederick-Winchester Judicial Center, 5 North Kent Street in the City of Winchester, Virginia, or at the County Administration Offices, located at 107 North Kent Street, in the City of Winchester, Virginia. JOHN R. RILEY, JR. FREDERICK COUNTY ADMINISTRATOR 5 CONDITIONAL USE PERMIT #02-05 HORIZON HOLDINGS, LLC Staff Report for the Board of Supervisors Prepared: April 15, 2005 Staff Contact: Patrick R. Sowers, Planning Technician 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 request. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed 04/06/05 04/26/05 Action Recommended Approval Pending LOCATION: This subject property is located at 3636 Front Royal Pike (Route 522) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 87-A-88 PROPERTY ZONING & PRESENT' USE: Zoned: (RA) Rural Areas Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned: (RA) Rural Areas Land Use: Agriculture PROPOSED USE: Landscape Contracting Business REVIEW EV ALUA TIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have significant measurable impact on Route 522, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit issued for a period of six months. The pennit is issued by this office and requires an inspection fee and surety bond coverage. CUP #02-05, Horizon Holdings, LLC April 15, 2005 Page 2 Fire Marsbal: Access to all buildings on the site shall be maintained to allow emergency vehicle access. Plan approval recommended. Inspections Department: Existing buildings being utilized shall comply with The Virginia Uniform Statewide Building Code and section, 304, use group B (Business), of the International Building Code/2000. Other Code that applies is IBC/ANSI A117.1-98 Accessible and Usable Buildings and Facilities. Renovation of the existing structure shall require an asbestos inspection according to the USBC section 112.1.4 if constructed prior to January 1, 1985. Please submit a floor plan of the areas being utilized at the time of change of use building permit application. A new certificate of occupancy shall be issued prior to operation. HC van accessible parking spaces and unloading shall be provided. Winchester-Frederick County Health Department: This office has no objection to conditional use so long as no more than six employees work for proposed landscaping business. Also, no public use of restroom facilities to be allowed. Planning and Zoning: This proposed Conditional Use Permit is for a landscape contracting business. This proposed use will take place on a two acre tract of land located in the RA (Rural Areas) Zoning District. The Frederick County Zoning Ordinance allows for landscape contracting in the RA Zoning District with an approved Conditional Use Permit (CUP). The proposed use shall have no more than six (6) employees at anyone time with all work done off site. The site will not contain any more than four (4) business vehicles and (2) trailers stored on the premises. This proposed use will take place in the rear of the applicant's property. No sales of nursery stock will take place on site. Four (4) storage bays will be used to store top soil, mulch, sand, and stone. The applicant has proposed a six (6) foot opaque fence to screen all portions of the property associated with the landscape contracting business including all parking and outdoor storage. This six (6) foot opaque fence shall be utilized as part of this Conditional Use Permit. This landscaping business will not be open to the public, minimizing the need for a site plan. STAFF CONCLUSIONS FOR THE 04/06/05 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: I. All review agency comments and requirements shall be complied with at all times. 2. No members of the general public will be allowed on site. CUP #02-05, Horizon Holdings, LLC April 15, 2005 Page 3 3. No more than six (6) employees, four (4) business vehicles, and two (2) trailers shall be allowed on site as part of this conditional use permit. 4. Screening consisting of a six (6) foot opaque fence shall screen all materials and vehicles from adjacent properties. 5. No sale of nursery stock will be allowed on site. 6. Piles of dead grass clippings, brush, and/or tree trimmings shall be stored within a four- sided opaque fenced area or disposed off site. 7. Any expansion or change of use, including any increase in the number of employees or equipment, will require a new conditional use permit and an engineered site plan. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/06/05 MEETING: The applicant intended for this location to be a minimum facility to support his operations in Frederick County. He said there wiJI be no retail work or retail sales and the site wiJI not be open to the public. It was noted that the applicant is in the process of purchasing the property, the sale pending approval of the conditional use permit (CUP). Both ofthe co-owners ofthe property were present to support the operation of a landscape business at this location; one of the co-owners reported that the existing septic system was modified for this use. The adjoining property owner had concerns about drainage and run-off onto his property. He explained that the rear portion ofthe applicant's property drains into his pond and this is the area where he keeps his horses and cattle. He had concerns about the applicant's leach field being within five feet of his property line. He also reported damage to drainage pipes that occurred while the applicant conducted grading work. He believed a site plan should be required for this use, indicating unloading and turn-around areas for delivery vehicles. An additional condition was recommended by the staff indicating that one sign would be permitted on the site, not to exceed four square-feet in area. By a majority vote, the Commission recommended approval of the CUP with all eight conditions recommended by the staff as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. No members of the general public will be allowed on site. 3. No more than six employees, four business vehicles, and two trailers shall be allowed on site as part of this conditional use permit. 4. Screening consisting of a six foot opaque fence shall screen all materials and vehicles from adjacent properties. CUP #02-05, Horizon Holdings, LLC April 15, 2005 Page 4 5. No sale of nursery stock will be allowed on site. 6. Piles of dead grass clippings, brush, and/or tree trimmings shall be stored within a four-sided opaque fenced area or disposed off site. 7. Any expansion or change of use, including any increase in the number of employees or equipment, will require a new conditional use permit and an engineered site plan. 8. Only one sign shall be permitted on site; the sign shall not exceed four square feet in area, per Section I 65-30(H)2 of the Frederick County Zoning Ordinance. "---..... o o ---- 0_ 1/ co CO ...... ,(ll~> "'~. y <C. r- CO L.O .- o 1<..) ~ Gi ~~ g 3: '#(/) 0..0> C ::>:.0 <..)"0 g :r. C'l c o N .- lo.- o 0 :r. z.oo . ;:. 1i " ~ ~ ~ 1 H ~ 1 2 .., ! t ~ ~lB"~ Ollll . t~ o _~ $ iii e 8,i~-i~ ! i :l.o~~,,'ll~' 'i <<nh~( :! 0 t t t: L i .:{ 3 "., lD DJ~il o u~ ~~ / --- o o o 00 00 <3:: r-- LOOO 0- o -.J -.J "-I o ::t:I:: a... ::) o o o 1O Qi C1l U. (/) 0> c: "'0 o I c o N ";:: o I o 1O C'l o z+~ ~ ~ . . ~ ~ ti 1;I.t:: .8 -'l :; ~ (,) .t ~.~ii ~ I & II:: Ul o J"~ . ~ .5 e .. In .g> i ~ .g]~~~ .=: . ~c3~~O ~ i <<<<~~<( II Ii ~ .2- ~ ~ di ~ DJ~ . Submittal Deadline PIC Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner ~other) NAME: ~V''''/l(;/A ADDRESS: ;? O. 4' t:T)C ~(~/""'r..r {. t. C- O S-?'/ A?JI_, <.A'-/ $L {" ,/,,1' Ct7/Y L TELEPHONE: .s-YC/-.3 Jfr~ g-9' ?9 2. Please list all owners, occupants, or parties in interest of the property: /? - V r:' -/"y / /...:::-~-~ ~,.- tJ~f r:. t' C .>VO'" JJ[?>-~R:9 703 - 9' Lr- Y5'J / 3. The property is located at: (please give exact directions and include the route number of your road or street) J~Jc, /;;"0"/ /('~yoC nde / If / S-CJ EC/,/ /') (., r (7'-<'1 v: .., (' L'r" $';;"- t/~ 2-2Ctl3 /f'r ..rt.. L.s' /~c,.......,.. _r"y ~ /G (? , / <7 I ,~ I 4. The property has a road frontage of J/:? .t,{ feet and a depth of 3/.>, C/ feet and consists of ;. f.>t9 acres. (Please be exact) 5. The property is owned by Jq~.... I? ..I. from /J~-,,~t.,',< /?","'I /Jr,(;-r1J. ;'/'",;rc r (previous owner) in deed book no. 2..9,}'- on page L/ ll? , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax (Parcel) Identification No. (P.I.N.) Magisterial District (J p tP 9 " '" YI Current Zoning A ,.If f>7 - & - ~,f" ~':/ 2tdJR' USE ZONING if dc.u { Fc.t.;C- /ttrl&./e v{'lcy~,.1 11-?..r / {' u tTu....c, ( .sCUtA" e,{ O"Il':/~ ..5'"......< Ct'j' o'.~i/c.. Sc....t..., C:U Qfo/'~ Ifr:-r-.,/.......,.r.Av( ('(0'/<: (b(/~,/ 1;---, / W..../eu,.Cpuj ~j. / .. t7 The type of use proposed is (consult with the Planning Dept. before completing) i \ ' h' IG-Ni'yy., ~.n'S <t}. J"";,.N-..,"'" 7. Adjoining Property: North East South West 8. It ~s proposed that the following buildings will be constructed: 1/1"7- 11h' 117 ~"< tv.A.r n, u ..s'e !'y.<;./rr{) Pu... ~ZYf &t/d-:7 ~ c--...,/~ C. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: 9. t {c.r/rt t' Qu..!' 7 NAME /VIti'" fit: //~{;!/( e'6Jc/~1 '/ PROPERTY ID# <;--7'-:;'- /J NAME Mv,.,r.>/ ;::;(1--( ~...lf'g./1 PROPERTY ID# f 7- 3 - 4 NAME /1/1 {I Jj T/r //-? c" ( ~;'(;S/),., / PROPERTY ID# Z. 7 - ;1 -.')- NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS I;')" t'a$~Lt--;t,~ ~/ V......c-c. aT~'v :~ 2 z.. (~ ~ ADDRESS / s-s- ~ i 171- ,/.t,-.{ r Gr v,.J'/c--t -{"IT<' 1// Z 2 c.tl' L (' .7 / ADDRESS 15-5- oJlTr /.J'-~~~ q- Vi....., t. ..,s,I'f./ (/..,r Ez t Q L ADDRESS ADDRESS ADDRESS Mar 30 05 08:09a HORIZON CONTRACT 5-40 338 8988 p.e CUP # 07- -O~ /-10 n' 2-0 f\-- l-k LJ ~ ~ ( L 1.-L -z, ~ "'P' c:e.. \S'I..... ~ "':~ ~ CORNER ~ ~ POST ~ '6 (, 1"'",,,,,,, 11 o::s.: '"'"'-. '~ ~- -..." ..., ~ '. Pui 87-3-8 1I~1IE W. GIBSat. .It 6: PEAIl. E. ~ , INSTR. #0000I1426 <- 6 I ;t,". J:"r...,c,-? $g~1.ER ~ N 5,.40'58- w =i~ -f\ I It'] T J,~~J ~ ~J -~ ~:8 l";)S1'<J'i'l' ,,;..,(. $() -'" ~ ~ ~~(.."" '" ~i-f!l v ~ - PIN 87-A-8 ~ '" '--- ~ -;... " 1.8569 ACRES ~ ," il:l ~ ~~... '::o.:s .... ~ ~. -.......... ....~;? - ~'CMF ':l~ ~ ~I.jb OJ I<) i ~ l5 ::. ;"": '. . r: , I LIP tJf"O'''' SlcrJ , /1-/'1.. l .... ".. " '1 v BLOC!< "" ~ GAAA~ t ":) ~ " '\" "...1 I '" ... '1-" I I I Y Qo~ ~,.s... \-II I .l...~ \~.~"II C\<:S ~ l~ l-i : / "'-........~I- L : ,., I , I ~ ~ \ 3ii A" rv t,ll~ I , ...._~' "-~ 'J I I 1-v ,-~ I / ~ "ce <. I I" . :5,'..9<>, : i s ~ _ , / ......... IJ'~ ' I N.E' CORNER OF S L'> ___ i~-'C:' LARGE STONE POST: '<.:T/ ~ I / ~/> '<". U / " ,6"6""'- .S " (ro~ . ..-?Ou - ./..J.. '-4() , k4.l;: s:~......... eM. .......o$'-,,:>s' 1'T>/.4a. <'..? LEGEND Ze- I1?t ...... F~ :--......... CMF - CONCRETE: MONUMENT FOUND l:?;>;:y R~l1/r -'?......______ - I - - FENCE .LINE "#' 0 >-"'1/ _ 0+- H'OOO U71L1TY POLE <.. ,.o/,fj - - OVERHEAD I.!...T7UTY LIN~ C ......... FL 000 NO TE: ZONE: C COMMUNITY NO.: 510063 PANEL: 0200 B ' DA~: 07-17-78 ~- --.- I \oJ ..zg~ ~~- 1.~8 ro~~ ~~~ G ill! i -.----- NO TES: 1. NO TlTLE R[PORT FURNISHED, 2. PROPERTY IDENnnCA nON NO. 87-A-88 J. EASE:MENTS OTHER THAN SHOWN MA Y EXIST. 4. THE BOUNDARY INFORMA 710N SHOWN ON THIS PLA T IS BASED ON AN AC71.IAL fiELD RUN SURVCY MADE ON AUGUST 23, 2004. GRAPHIC SCALE eo .. - eo I 1 Inch .. 60 ft. o .. 30 I 120 I BOUNDAR Y AND HOUSE LOCA nON SURVEY OF THE LAND OF !-IrJWARn R MYF'Rc; ANn i CORNER POS T. N 51'40'58" W 311.29' PIN 87-3-8 ll<>>lnE W. GIBSai. oR. '" PEARl. E. GIBSON lNSlR. 1JOOO11~26 \.oJ CD~~ ,),0loi8 ~1Ii~ ~I~ .. ~ ~ =- :::J' ~ 12 ' :--~ 1:)"': ~ "4- c::i ..... ~ PIN 87-A-88 1.8569 ACRES 91.2' , i ..... I() \.oJ It) ~~ ~ ~4d1 l..J I iii . 10 ..... f!~ ~ ~ l!l ~ .. ~ ~ ~ =- CONe. 0 BLOCK GAAA~ I I I I I I I I I I I I I I I I >-: : gj~1 I ~_I I 2i) I I I ...... I I - ~ "",--,,~ I I ~ ______ ~.9<" !! ______ JI',:t;>'1 f f ME CORNER OF S L"> ~ i'rff"'tc, LARGE STONE POST. .~ / I I ...r/;> '<', U / I .6'6"...... ,S .0 I / (rO~'A . ',Q I I '"'() V:;'/c s""':: ______ CU ......S?;>S' 1?4& <02 LEGEND ~c 11?; '" F'~ ~ CMF - CONCRETE MONUMENT FOUND v;,y R~"Y;- Rr~ -;;~-wot:t~i~:~OLE 7r Of:.t{ A --- + - OVERHEAD '<..T/LlTY LINE :t:t-~ ------ FLOOD NOTE: ZONE: C COMMUNITY NO.: 510063 PANEL: 0200 B . DATE: 07-17-78 = ----------- . __ ""l ----------- ,- ~ CMF ~ , V) ~ I)i I/) TWO STORY CONCRETE BLOCK DWELLING /3636 -~ GRAPHIC SCALE NO res: 60 0 30 80 120 ,. NO T/TLE REPORT FURNISHED. ~ _.. I I I 2. PROPERTY IDENT/FlCA T/ON NO. 87-A-88 1 Inch - 60 ft. 3. EASEMENTS OTHER THAN SHOWN MA Y EXIST. 4. THE BOUNDARY INFORMA nON SHOWN ON THIS PLA T IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON AUGUST 23, 2004. BOUNDARY AND HOUSE LOCA TlON SURVEY OF THE LAND OF HOWARD R. MYERS AND VI " ::; (j ('!I -0 r:- ;i mCJI"i fYl -0~ J~~ ~ '" ~ I l~ oJ r: rr" '" ~g/~j tlo V <;!) .. ~ S;J\j f~ ~ I ! I , " (C2.7-(A)-4) ~ )'/ 102 (C2.7-(I<)-5) _ _ C: ,~ 1'':: ,d \D'H~CI ? -6 ,,V ~ ,(; ..I_,:s.::;;;'~ ....;: \.!) ~ ~. ~ ;:__:;-,7- ~ '_:'~ /r ,,"" ,_ ... -..J;iI ~ ."~,0 7 ~ 'f' ~ fY1 R - J '':>y t 670 ~ 12, Additional comments, ifany: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. /'-' Signature of ABplicant Signature of Owner \"6~q V'" ")Lj 0 - C( 'ILl - act,\?q \2, .-\t,- WI \~'" ~ Co Sqo' ' 093 - d'd.' -;:} -Soh! c::~ Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department ofPlaoning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) ~()h---. Y. G.o.::c \ K ,\eo- WI ~(\ SLlO- C('1L\- dC\~q R:\c.. (Phone) ~\O- 3'd-:\ . ;:}g.\ 'd "}"chn (Address) \'g~L\ \JQ\\~ Aut.. WI.y.'\'Ie~-\u- VA d~vO\ the owner( s) of all those tracts or parcels ofland ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. () Lft/O I? lJ / on Page , and is described as Parcel: Lot: Block: Section: do hereby make, constitute and appoint: (Name) If: :Y-er;ov ?/~/C lu."- / Subdivision: (Phone) .:fJ9Q- JJY-,?-9,f-9 (Address)r?O /JOX' .J"?Y IPc'UVlM/ #/L/ t/~ ?C//c;r L To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: o Rezoning (including proffers) .~ Conditional Use Permits o Master Development Plan (preliminary and Final) o Subdivision o Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. ti .. '/ In witness thereof, I (we) have hereto set my (our) hand and seal this 5 - day 07~.u</t~i-'- 200.:j-, Sr)~ j / 'i0.. '-1.. l~L~ State of Vifgin ia, ci1:y/~ of ?C/- ~ c- n .."' ~. "'- , To-wit: I, /-/ d,,_ . ~ A'- ~ , a Notary Public in and for the jurisdiction aforesaid, certifY that the person(s who signed to the foregoing instrument personally app- ared before me and has ackno,,:ledged the same before me in the jurisdiction aforesaid this g~ day of '<< /.-~''''f'00 .j--: ~& . ~ My Commission Expires: / h / ~ c::: / / REZONING APPLICATION #03-05 NORTH STEPHENSON, INC. Staff Report for the Board of Supervisors Prepared: April 21, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director 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. Planning Commission: Board of Supervisors: Reviewed 04/06/05 04/26/05 Action Recommended Approval Pending PROPOSAL: To rezone 79.13 acres from RA (Rural Areas) District and RP (Residential Performance) District to Ml (Light Industrial) District with proffers. LOCATION: The properties front on the east side of Martinsburg Pike (Route 11 North) just north of the Interstate 81 Exit 317 northbound off-ramp, and immediately east of Redbud Road (Route 661). MAGISTERIAL DISTRICT: Stonewall PROPERTY In NUMBER(S): 43-A-150; 43-A-151; 43-A-151 A; 43-A-152; 43C-3-2; 43C-3-3; 43C- 3-4; 43C-3-4A; 43C-3-5; and 43C-307A PROPERTY ZONING: RA (Rural Areas) District and RP (Residential Performance) District. PRESENT USE: Trucking, Residential and Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: South: East: West: RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) RP (Residential Performance) B2 (Business General) Use: Use: Use: Use: Use: Residential and Vacant Residential and Agricultural Agricultural Residential Rutherford's Farm Park (Ind. & Comm.) PROPOSED USES: Trucking and Light Industrial. (A maximum of800,000 square feet of floor area has been proffered). Rezoning #03-05 - North Stephenson, Inc. April 21, 2005 Page 2 REVIEW EVALUATIONS: Vindnia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the North Stephenson rezoning application dated November 9, 2004 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic fiow data from the LT.E Trip Generation ManuaL Seventh Edition for review. VDOT reserves the right to comment on all right-of- way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Fire lanes and municipal water supplies shall meet the requirements of Frederick County Code 90-4. Plan approval recommended. Clearbrook Volunteer Fire Dept.: Mr. Omps has always supported Clearbrook Fire & Rescue. Any contribution would be appreciated. No other comments. Refer to Frederick County Fire Marshall comments. Public Works Department: The proposed rezoning application has adequately addressed our previ~w comments. We reserve the right to perform a more detailed review of the master development submittal. Frederick-Winchester Service Authority: No comments. Sanitation Authority: No comment. Winchester Reeional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Attornev for Frederick County: Please see attached letter dated November 23, 2004, signed by Robert T. Mitchell, Jr., Esquire. Planning: & Zoning: 1) Site Historv The original Frederick County zoning map (U.S.G.S. Winchester, V A Quadrangle) identifies the majority of the subject property as being zoned A-2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding zoning map resulted in the re-mapping of this portion ofthe subject property and all other A-I and A-2 rezoned land to the RA District. The remainder of the property was Rezoning #03-05 - North Stephenson, Inc. April 21, 2005 Page 3 identified as being zoned R-3. The R-3 (Residential-General) District zoning classification was modified to RP (Residential Performance) District on February I4, I990, during the comprehensive amendment to the county's Zoning Ordinance. This portion of the subject property that fronts on Martinsburg Pike has remained RP (Residential Performance) District since that time. 2) Comprehensive Policv Plan The Frederick County Comprehensive Policy 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. [Comprehensive Policy Plan, p. 1-1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area and Sewer and Water Service Area define the general area in which more intensive forms of residential, commercial, and industrial development will occur. In addition, The North Stephenson, Inc. property is also located within the area encompassed by the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plan envisions a mix of commercial and industrial uses on the property. The plan depicts an evident split of future land uses on the subject property with commercial areas identified in the vicinity ofthe Interstate 8I interchange and industrial areas identified within the eastern area of the property adjacent to the railroad, located to take advantage of the rail access. The North Stephenson, Inc. application proposes a rezoning of entirely industrial land use which would enhance the ability to provide for a greater area of industrial opportunity in conjunction with the rail access. A goal of the Northeast Frederick Land Use Plan is to provide master planned areas adjacent to the rail to take advantage ofthis feature. In 2003, the applicants approached the County to seek a commercial rezoning for 6.10 acres of this property that fronts on Redbud Road. The application, RZ07-03, was removed from consideration by the applicant based upon feedback provided during the review process. The applicants have since moved forward with this new and more comprehensive application that seeks to address the Northeast Frederick Land Use Plan and the feedback provided during the earlier rezoning exercise. The Northeast Frederick Land Use Plan provides additional guidance for development opportunities through the following policies. A sensitive approach to the existing land uses along Martinsburg Pike, Route 11, is promoted with the identification of DSA's (Developmentally Sensitive Areas). This would include those existing RP (Residential Rezoning #03-05 - North Stephenson, Inc. April 21, 2005 Page 4 Performance) parcels that contain residential uses directly adjacent to the subject property. The DSA's seek to ensure the existing residential clusters are protected from the impacts of new development through the provision of adequate buffers and screening. It should be noted that this application includes five of the seven residentially used properties located along this section of Martinsburg Pike. The remaining two residential performance properties would be offered protection through the County's existing buffer and screening regulations. Greater setbacks and buffers and screening along Martinsburg Pike to enhance the appearance of the Route 11 corridor are important elements of the Plan. This enhanced corridor appearance and function goal is further promoted with the discouragement of individual lot access along Route 11. The opportunity presents itself for the application to commit to providing such corridor design standards along the Martinsburg Pike corridor, advancing a key initiative of past and potentially future County planning efforts. It should be noted that the recently approved Rutherford Fann LLC, rezoning application, RZ06-04, directly across Route 11, proffered to establish a 15 foot landscape buffer along Route 11, extending the length of the site, that would include ground cover, trees, and an earthen berm. That application also proffered to limit the maximum height for all freestanding business and monument signs in the Ml zoning district to 12 feet. The North Stephenson Inc. application does not offer a comprehensive enhancement package similar that proffered in the Rutherford's Farm project. A similar approach may be desirable with this application to address this element of the Northeast Frederick Land Use Plan. The North Stephenson Inc. application does provide a prohibition on commercial entrances along the western property line adjoining Redbud Road, but not along Route 11. This commitment along Route 11 is extremely desirable. A similar commitment minimizing the number of entrances along Route 11 may also be desirable to further the access management goals of the Plan. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifYing needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). The Eastern Road Plan identifies an improved major collector road relocated in the vicinity of this property. This improvement is the relocation of Redbud Road which will be necessary due to future improvements to Interstate 81 and the interchange with Route 11. Accommodations for this realignment have been made by the applicant and are described in greater detail later in this report. The Comprehensive Plan also identifies Route 11 as a bicycle route. Rezoning #03-05 - North Stephenson, Inc. April 21 , 2005 Page 5 In addition to the Eastern Road Plan, the Northeast Frederick Land Use Plan also identifies key road improvement needs that directly relate to the North Stephenson, Inc. rezoning application. This includes improvements to Martinsburg Pike, Route 11, to a four lane facility, and the construction of a new major collector road from Route 11 at its intersection with the Rutherford's Farm Industrial Park through the Stephenson's Village project to Old Charles Town Road. The Stephenson Village rezoning application, RZ06-03, addresses the construction of this major collector road. The proffer states that the applicant shall dedicate an 80 foot right-of-way and construct the major collector road from Old Charles Town Road through Stephenson Village, and the property currently owned by McCann and amps to U.S. Route 11 (Martinsburg Pike). The proffer further commits to the phased construction of the road with an ultimate four-lane boulevard section with a landscaped median and landscaping along and/or adjacent to each side of the major collector road, and the provision of bicycle lanes within the right-of-way. The coordination of the relationship and commitments between the Stephenson Village project and the North Stephenson, Inc. rezoning should be clarified to a greater extent than is presently offered. The North Stephenson, Inc. application proffers the right of way and design for a typical section that appears to not be entirely consistent with the proffer for the Stephenson Village project. The County would like to ensure that the major collector road section is consistent throughout the length of the project and that the responsibilities ofthe various parties as to the construction of the road project are clear and coordinated. Further, that the necessary right-of-way is obtained to facilitate the ultimate section of the major collector road as endorsed in the Stephenson Village project. It would be beneficial to define the approach at this time as opposed to at the time individual site development proposals and individual TIA's for the uses within the North Stephenson Inc. site are submitted. 3) Site Suitability/Environment The North Stephenson, Inc. property is bordered by Martinsburg Pike, Route 11, to the west, Redbud Road, Route 661, to the west and south, and the C.S.x. Railroad to the east. A manmade wetland area is identified in the southwestern portion of the property as are two areas of mature deciduous trees in the northwestern portion of the property. The site contains no steep slopes or other identified environmental features. The potential for karst features, sinkholes, does exist on the subject property due to the underlying geology of the property. The application addresses this potential concern by committing to addressing the karst features during the master development plan and site plan processes including additional geotechnical analysis of identified karst features. Rezoning #03-05 - North Stephenson, Inc. April 21, 2005 Page 6 4) Potential Impacts Potential Impact Summary. In evaluating the North Stephenson Inc. rezoning application it should be recognized that the applicant has proffered limitations regarding the maximum square footage of the structural development permitted on the property. A maximum of 800,000 square feet oftotal floor area has been proffered and evaluated. The applicant has not proffered a commitment to limit the permitted uses on the subject property. All uses within the Ml (Light Industrial) District would be permitted. A. Transportation Traffic Impact Analysis, The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 800,000 square feet oflight industrial use would generate 5,874 vehicle trips per day. Potential traffic impacts may vary depending on the specific uses that could develop on the North Stephenson Inc. site. The report was developed with primary access to the project to being via ..the new major collector road which intersects with Route 11 at the Rutherford Farm Industrial Park. The TIA assumed that the land uses associated with Stephenson Village would enter and exit the property via the new major collector road at this intersection and that Route 11 will be a four lane divided facility from the northbound ramps at Interstate 81 through the intersection at the new collector road. It is important to understand that the TIA assumes that the transportation improvements proffered as part of the Stephenson Village and Rutherford's Farm development are completed. A second transportation improvement was modeled in the TIA, the realigned Redbud Road. It is important to ensure that the various improvements identified with each development are guaranteed and implemented in a coordinated and timely manner. The Comprehensive Plan seeks to ensure that a level of service (LOS) C or better is achieved with the approval of proposed industrial, commercial, and planned unit developments. The TIA for this project demonstrates that the signalized intersection of Route 11 and the new major collector road will function at a level of service (LOS) D assuming the full build out of 800,000 square feet of industrial land use on the 79.13 acre site. Again, this also assumes that all of the identified transportation improvements of other development projects are in place. However, the TIA further demonstrates that the background traffic volumes create a level of service D at the same intersection with the same improvements in place. The application states that the 5,874 trips projected from the industrial site do not reduce the level of service at the intersection. Staff would concur that the level of service classification would not decrease from a level of service (LOS) D, but would also point out that the additional trips may lower the level of service within the D range. Rezoning #03-05 - North Stephenson, Inc. April 21, 2005 Page 7 Redbud Road relocation. The Eastern Road Plan identifies an improved major collector road in the vicinity of this property, the relocation of Redbud Road in conjunction with the Interstate 81 widening project, which the applicant has accommodated using the following approach. The applicant has proffered to dedicate a fifty foot right of way through the property that will allow access to Martinsburg Pike at the signalized intersection associated with the new major collector road. A general location for this road alignment has been identified in the Eastern Road Plan. The applicant's proffer provides that this right of way dedication would connect to the future intersection identified in the exhibit included with this application. It is anticipated that the road providing access to the industrial uses internal to the project may be used for the purpose of the realignment of Redbud Road. It should be confirmed that a fifty foot right of way would be sufficient to accommodate the relocation of the Redbud Road collector road. The approach proffered by the applicant provides flexibility in the future alignment of this road connection which in turn affords flexibility in the site selection and development for future industrial users. This would be particularly desirable to the property owner as it would enhance the economic development potential of the property and would enable the future users to take advantage of the rail access. At the same time the ability for the County and State to make the future realignment of Redbud Road is preserved. Future costs associated with the relocation would likely be born by the Interstate 81 widening project and VDOT. An alternative approach to addressing the realignment ofthe collector road would be for this application to design and construct the improvement through the limits of their property with the first phase of industrial development of the property. The County should determine the approach that is most appropriate in this particular case. New Major Collector Road. The location of the new major collector road, which connects Old Charles Town Road to Martinsburg Pike was identified during the rezoning ofthe Stephenson Village and Rutherford's Farm projects. In addition, the typical section of the road, a four lane boulevard design, was established and memorialized through the rezoning proffer associated with the Stephenson Village project. As previously noted the proffer further commits to the phased construction of the road with a landscaped median and landscaping along and/or adjacent to each side of the major collector road, and the provision of bicycle lanes within the right-of-way. It would be appropriate to clarify the desired ultimate section at this time. The North Stephenson, Inc. application proffers the right of way and design for a typical section that appears to not be entirely consistent with the stated proffer accepted for the Stephenson Village project. In addition, Proffer e) appears to indicate that the applicant will not provide for the construction ofthe major collector road through the limits of their property as identified in the Northeast Frederick Land Use Plan. Rather, it proffers the construction of portions to be Rezoning #03-05 - North Stephenson, Inc. April 21, 2005 Page 8 determined based on future TIA' s for the individual industrial users. Proffer c) provides for the dedication of the right of way for the ultimate design of the major collector road though the property but does not ensure the construction of the collector road through the property. As with any rezoning application, it would be appropriate and expected for the applicant to provide for the construction of the collector road through the limits of their property. In recognition of the Stephenson Village proffers and the Rutherford's Farm proffered improvements, flexibility should be offered to the North Stephenson Inc. rezoning application to enable other projects to participate in the construction of the ultimate section of the major collector road. However, the County should ensure that at a minimum the major collector road in some form will be constructed through the limits of this property with the North Stephenson Inc. rezoning application. The applicant has the ability to clarify their commitment and the commitment of other projects within the proffer statement and to ensure that the collector road is provided through the limits of their property at the outset of the project. The coordination of the relationship and commitments between the Stephenson Village project and the North Stephenson, Inc. rezoning should be clarified to a greater extent than is presently offered. Also recognizing the progress being made with the Master Development Plan for Stephenson Village, it would appear as though discussion and commitments between the two developers are being made that may satisfy the concerns of the County. To the extent that these commitments could be memorialized in the proffer statement, the expressed concerns of the County may be lessened. General Transportation. The applicant has proffered to construct, or cause to be constructed, dual southbound left turn lanes on Martinsburg Pike at the major collector road intersection at the same time the Rutherford's Farm Industrial Park improvements are to be constructed. Such an approach is desirable however it should be guaranteed that the stated improvements would be constructed prior to, or in conjunction with, the first phase of development on the North Stephenson Inc. project as primary access to the North Stephenson Inc. project is via the new major collector road. The applicant has also proffered to construct, or cause for the construction of a northbound right turn lane along Martinsburg Pike from Redbud Road to the new major collector road. Again, rather than determining the need for the dedication and improvement on an individual site development basis, it would be desirable to the County to have this application dedicate the right of way for the identified improvement at one time. In addition, it would be desirable to provide for the construction of the improvement prior to, or in conjunction with, the first phase of development on the North Stephenson Inc. site. Consideration should be given to minimizing additional entrances along Route 11 as noted previously in the report. Rezoning #03-05 - North Stephenson, Inc. April 21, 2005 Page 9 B. Sewer and Water The North Stephenson Inc. rezoning proposal is estimated to require approximately 79,130 gallons per day of water usage and approximately 39,565 gallons per day of wastewater at total build out of the project. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. C. Historic Resources Located on the North Stephenson Inc. property was the historic structure known as Seven Oaks. The Rural Landmarks Survey of Pre de rick County identified the historic structure (#34-1067). The subject property is also located in the vicinity ofthe 3rd Winchester Core Battlefield Area. In conjunction with the current and original rezoning request for this property, the applicant forwarded the application to the HRAB for their review. The HRAB had previously suggested that the Seven Oaks structure would be inventoried and catalogued should the structure ultimately be taken by the Interstate 81 improvements. The property owner recently razed the structure. However, prior to doing so, they allowed the structure to be photographed, inventoried, and cataloged both internally and externally by an architectural historian. It would be appropriate for the report of the architectural historian to be provided to the County for incorporation into the historical records. The Historic Resources Advisory Board (HRAB) considered this new proposal at its December 21, 2004 meeting. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey and the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley. Some members of the HRAB expressed concerns that the development of the property would impact preserved Civil War battlefield land and the Stine property located further along Redbud Road. The HRAB suggested that intensive screening utilizing native trees should be provided to hide this property from the Stine property and the adjacent battlefield areas to mitigate the impact on this resource. Further, the HRAB suggested the installation of a highway marker and directional sign to show the way through the industrial park to the historic arealbattlefield site due to the potential relocation of Redbud Road. The Proffer Statement provides no consideration for the recommendations of the HRAB provided on December 21, 2004. However, the applicant has proffered a prohibition on the placement of freestanding and building mounted business signs facing the eastern property line to mitigate the viewshed impacts from the 3rd Winchester Core Battlefield Area. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identifY the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. Rezoning #03-05 - North Stephenson, Inc. April 21, 2005 Page 10 The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community to the Fire and Rescue services, the applicant has proffered a contribution in the amount of $0.01 per square foot of structural development on the property. Based upon the proffered maximum structural development of 800,000 square feet, this contribution may generate up to $8,000.00 for Fire and Rescue Services to assist in the mitigation impacts to this community service. The amount and timing of this contribution is dependant upon future site development activity. 5) Proffer Statement - October 13,2004 (Revised January 3, 2005) A) General Development Plan. The applicant has not provided a Generalized Development Plan for the North Stephenson Inc. rezoning application. However, the applicant has provided a proffered exhibit that identifies potential road improvements associated with the new major collector road and proffers the dedication of the right of way identified in the exhibit. The right of way is ofa varying width to enable the future construction of the identified transportation improvements. B) Transportation. The applicant's transportation proffers have been identified and disc1.lssed in the body of the report. C) Industrial Uses. The applicant has provided limitations regardingthe maximum square footage of the structural development permitted on the property. A maximum of 800,000 square feet of total floor area has been proffered. The applicant has not proffered a commitment to limit the permitted uses on the subject property. All uses within the Ml (Light Industrial) District would be permitted. D) Environmental Protection. The applicant has proffered to provide for the delineation of karst features and the performance of geotechnical analysis for each site plan in which structural development or other site improvements are located within 50 feet of identified karst features. E) Viewshed Mitigation The applicant has proffered to prohibit the placement of freestanding and building mounted business signs facing the eastern property line of parcel 43-A-152 to mitigate viewshed impacts from the 3rd Winchester Core Battlefield Area. F) Monetary Contribution. The applicant has proffered a monetary contribution of $0.01 per square foot of structural development on the 79.13 acre site, which may generate up to $8,000.00, to mitigate the impacts to the local fire and rescue company. Rezoning #03-05 - North Stephenson, Inc. April 21, 2005 Page II STAFF CONCLUSIONS FOR 04/06/05 PLANNING COMMISSION MEETING: The North Stephenson Inc. rezoning application is generally consistent with the goals ofthe Frederick County Comprehensive Plan as described in the staff report. Elements ofthe rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Northeast Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. "Particular attention should be paid to the following: to ensuring that the Planning Commission is comfortable with the applicants approach to the future relocation of the Redbud Road collector road. to ensuring that the commitments as to the design, right of way dedication, and construction of the new major collector road are fully addressed and clarified in the application. to the opportunity that is presented to address corridor appearance elements along Martinsburg Pike. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE 04/06/05 MEETING: Planning Commission members understood the developer's need for flexibility, in particular with regards to the relocation of Redbud Road; however, they believed the rezoning application and proffers did not provide sufficient detail to address the transportation issues to their satisfaction. They expressed concern about how the County and VDOT would coordinate the inter-related transportation networks involving three separate developers on three different projects in this area. It was suggested that a generalized site plan or a land use plan showing the combined road plans for the three projects could possibly facilitate completion of the conceptual road network. In addition, it was believed the right-of- way width of the spine road should be greater than 50' in order to provide expansion for future growth on Redbud, beyond the railroad tracks heading east. Concern was also raised for providing future growth capacity at the Rt. lllRedbud Road intersection, for traffic moving towards the Rt. 37 interchange. Despite these transportation issues, the majority of members agreed this was a good project at the appropriate location and the proposed use was needed in the County. They also recognized that the transportation improvements will be dictated by the uses that come on line. It was noted that all three developers have assured the County through their proffers that if their use triggers the transportation need, they will address that need. Rezoning #03-05 - North Stephenson, Inc. April 21, 2005 Page 12 Representatives ofVDOT were available to answer questions from the Commission. One person carne forward under citizen comments: the managing partner for Stephenson Associates said they were in support of the rezoning and hoped the Commission would view it favorably. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers as submitted by the applicant. YES (REC. APPROVAL WI PROFFERS): Straub, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour (Note: Commissioner Watt was absent from the meeting.) Additional Staff Comment (4/20/05): The applicant has provided an upJated exhibit relating to the major collector road from Route II to the CSX Railroad crossing. The exhibit was revised to provide for sidewalks and street trees along both sides of the major collector road. PAGE 02/03 FRED CO PLANNTNG DEP 5405551;395 11/14/2004 15:02 ------------~-----------7------------I-----------l-------- I . ' I I I I I ! I i i I I I I I . 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MAHAN & MITCHEI-L A PAR'nlEFt:lHIP OF" pnClF'ES~ CORPQlU.TIOK& ATToAI4EYS AT I.AW WILBUR C. HAI.I. (1892-1972) THOMAS V. MQNAH^,,1 (1924'ISQ91 SAMUEl. D. ENClLE O. Le:L.AND MAHAN ROBEFtT T. MITCHEI.L.. JR. JAMES A. KL.ENKAA STEVEN F. ,JA.CK50N DENNIS ..J. MCLOUGHLIN, JR. I ... 7 EAST HAR.a:r STP~~ l,.I!:.E!lIIURGI, VIROI",,,, TE1.ePHONE 7D-,,.777-I0l:50 '0 EA9'f aOSCAWI:H STREeT' WINl;.H9TER, vlftOllrilA TELEPH!>NE SIllllO-Cl:",;t.-3eoo If'IU( S4o-~~.04:!104 EO-,,^,,- 'owyall@hol.....lIlln._ I"LEA!lI!: nEPC( TO: November 23, 2004 P. O. eOX 84S WINCHJ;;STEA. \l\RG1NIA 2.2604-0848 Mr. Michael T. Ruddy, AICP, Deputy Director Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 HAND DELIVERED Re: North Stephenson, Inc. (Stephenson Village) Proposed Proffer Statement Dear Mike: I have reviewed the above-referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is in a fonn to meet the requirements of tbe Frederick County Zoning Ordinance and the Code of Virginia, subject to the following: 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be summarized at the beginning (see the Haggerty Property Proposed Proffer Statement for the fonn). 2. Proffers J (b), (c), Cd), (e), and (g) should each state specifically when the prof erred improvement will be done; for example, 1 (b) may provide that the improvements will be made within thirty (30) days of written request by VDOT. 3. Proffers 1 (f) and (g) provide that certain things will be done "by parties other than the property owners." First of all, who are the "property owners"? If it is the Applicant, it should say "the 11/28/213134 17:43 54e66~6395 FRED CO PLAN~ITNG DEP PAGE 133/134 HALL, MONAHAN, ENGLE. MAHAN &. MITCHELL Mr. Michael T. Ruddy Frederick County Department of Planning and Development Page 2 Applicant" rather than "the property owners." Also, if these things are not to be done by the Applicant, is it ~lear or should it state who will do these things? 4. In Proffer 3, the words "and approval" should be added after the word "review" in the last sentence. 5. Proffer 5 should state specifically for what purpose the monetary contribution is to be made, as the County has to account for the expenditure of all proffered monetary contributions. 6. The signa.twr~(s) should be for the titled owner of the property. If North Stephenson, Inc. is the titled owner, the signature block should be: North Stephenson, Inc. By: President I have not reviewed the substance ofthe proffers as to whether the proffers are suitable and appropriate for the property, as it is my understanding that that review will be done by the staff and the Planning Commission. Ifthere are any questions concerning the foregoing, please contact me. RTM/glh 11/28/2004 17:43 5405555395 PAGE 134/04 E.~A""PL.~ ~ REZONING: PROPERTY: RECORD OWNER: APPUCANT: PROJECT NAME: ORIGINAL DA1E OF PROFFERS: REVISION DATA: FRED CO PLANl'I"(NG DEP 1t.'~R.OJG.1> -~ e... M'TeHc..L PROPOSED PROFPER STATEMENT RZ# RunlAteas (RA) to Residential Perl'ormmce (RP) 111.56 acres + 1-; Tax Ma.p PaIcels 5S-A-212 & 212A (the <<Property") The Canyon, LC The Cll11yon, LC Haggerty Property Septembex 10, 2004 N/A The headings of pl:offers set forth below have been ated for conven.i.euce or reference only 2nd sh not control OJ; affect the meaning or be an intetpteta.tion of any provision of roffets. The improvements proffered herein s e provided at the time of d.eV'cl ent of that portion of the Ptopexty adjacent to including the r othe.t p1:offered requirem.ent, unle5s othawise specified he The teml as referenced heJ:ein shill include within its meaning ill futu.l:e 0 IS and s in inte.test When used in these proffers, the "Genetalized Development sh er to the plan entitled. "Generalized DeV'elopment Plan, Haggerty Pxoperty" da tembct 1, 2004 (the "GDP"), and shall include the following: Page 1 ofg ~.. .--------- .0" ~ ~ 0- g- O) 0) '(g~ c ct)O 0<1> ~~ ~-a cx::JB c.f) € ~ '3 o. ... a <r - d. ~ ~ d. ~, ,co '" - '3 ~ \.0 U. <C $ C" o ~,1'1. "'z'W"'''' ~ i ~ \,,\ . < < ~~\\\ 6\1'0 \i '& w ~ % \ .. \ ~~iH ~ it ~~~~lt~( " < t \\\\i OJ\'I --- 1.0 C> 0.. 0.. en <1> <1> en --- ~ C> =1=1: N W 0::: c o en c <1> ..c 0.. <1> -+-' en ..c t o Z ~ ~ a ~.~u={i~ - = ~ ~ nit ~ c.. i! B &: '" o !llta . ~ g ! .. ~ ,~i :::I i~~~i ~ ~ ~H~i~~? " o o o o o LO Q) Q) u.. o LO N o z.~ .. ! . :: i " Greenway Engineering October 13, 2004 Revised January 3,2005 North Stephenson, Inc. Rezoning PROPOSED PROFFER STATEMENT REZONING: RZ# Rural Areas District (RA) to Light Industrial District (M1) with Proffers PROPERTY: 79.13 acres +/-; Tax Parcels #43-((A))-150, 43-((A))-151, 43-((A))-151A, 43-((A))-152, 43C-((3))-2, 43C-((3))-3, 43C-((3))-4, 43C-((3))-4A, 43C-((3))-5, 43C-((3))-7 A RECORD OWNER: North Stephenson, Inc, APPLICANT: North Stephenson, Inc, (here-in after "the applicants") PROJECT NAME: North Stephenson, Inc, - Light Industrial Rezoning ORIGINAL DATE OF PROFFERS: October 13, 2004 REVISION DATE: January 3, 2005 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 03 - os- for the rezoning of the 79.13-acres tract from the Rural Areas (RA) District, to Light Industrial (M1) 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 applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the applicants and their legal successors, heirs, or assigns. The subject property is more particularly described as the land owned by North Stephenson, Inc. being all of Tax Map Parcels 43-((A))-150, 43-((A))-151, 43-((A))- 151A, 43-((A))-152, 43C-((3))-2, 43C-((3))-3, 43C-((3))-4, 43C-((3))-4A, 43C-((3))-5, and 43C-((3))-7A, as evidence by recorded property deeds in the Frederick County Clerk of Court Office included with this rezoning proposal. File #3485/EA W Greenway Engineering October 13, 2004 Revised January 3, 2005 North Stephenson, Inc. Rezoning PROJECT PROFFER STATEMENT 1.) Transportation a) The applicants hereby proffer to construct, or cause for the construction of dual southbound left turn lanes on Martinsburg Pike (U.S. Route 11 North) at the major collector road intersection with Renzi Drive at the Rutherford's Farm Industrial Park. The southbound dual left turn lanes will be constructed at the same time that the Rutherford's Farm Industrial Park improvements to Martinsburg Pike are constructed. b) The applicants hereby proffer to construct, or cause for the construction of a right turn lane within the Martinsburg Pike (U.S. Route 11 North) right- of-way at a location and distance acceptable to VDOT between the intersection of Redbud Road (Route 661) and the major collector road intersection serving as the primary entrance to the 79.13-acre project site. A traffic study will be prepared and submitted to VDOT as a component of the site development plan for each proposed land use on the 79.13-acre site to allow VDOT to determine when the proffered improvement is warranted. c) The applicants hereby proffer to provide for the dedication of right-of-way and for the allowance of temporary construction easements needed for the ultimate design of the major collector road from the CSX railroad to Martinsburg Pike. The dedicated right-of-way shall provide for the improvements identified from station 10+00 to station 24+00 on the Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. The applicants further proffer to provide for the dedication of right-of-way acceptable to VDOT for the purpose of providing a right turn lane from the major collector road onto the internal street connection located at station 17+00 on the subject exhibit. d) The applicants hereby proffer to enter into a signalization agreement with VDOT for the provision of a traffic signal at the major collector road intersection with Martinsburg Pike, which will align with Renzi Drive at the Rutherford's Farm Industrial Park. The signalization agreement shall provide for the pro-rata share of the traffic signal based on the projected traffic volumes identified in the Traffic Impact Analysis (TIA) compared to the projected traffic volumes identified in the TIA for the Rutherford's Farm Industrial Park and the TIA for the Stephenson Village Residential Planned Community. File #3485/EA W 2 Greenway Engineering October 13, 2004 Revised January 3, 2005 North Stephenson, Inc. Rezoning e) The applicants hereby proffer to prepare and submit a traffic study to VDOT as a component of the site development plan for each proposed land use on the 79.13-acre site to a determine the portion of the major collector road that will be required to be constructed based on the impacts associated with each future land use. f) The applicants hereby proffer to dedicate right-of-way to VDOT along Redbud Road for future improvements to the Interstate 81 Exit 317 interchange area. This right-of-way shall be dedicated to VDOT within 180 days of final engineering plan approval. The preparation of right-of- way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the applicants. g) The applicants hereby proffer to dedicate a 50-foot right-of-way and provide temporary construction easements to VDOT for the purpose of realigning Redbud Road (Route 661) from the current intersection at Martinsburg Pike (U.S. Route II North) to connect to the major collector road on the subject site. The purpose of the 50-foot right-of-way dedication and temporary construction easements is to provide VDOT and Frederick County with an appropriate alternative to relocate Redbud Road. The dedicated 50-foot right-of-way will connect to the intersection that is identified at station 17+00 on the Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. The location of the 50-foot right-of-way to connect to this intersection will be agreed upon by VDOT and the property owners to allow for a minimum 25 mph geometric design criteria and will be made available at such a time that VDOT deems necessary. The preparation of right-of-way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the applicants. The construction of the realigned portion of Redbud Road shall occur by parties other than the applicants. h) The applicants hereby proffer to prohibit commercial entrances along the western property line on tax parcel 43-((A))-152 adjoining the Redbud Road (Route 661) right-of-way. This proffer is intended to prohibit commercial entrance locations on the current alignment of Redbud Road and is not intended to prohibit commercial entrances internally to the subject site should Redbud Road be realigned through the subject site resulting from the widening of Interstate 81. File #3485/EA W 3 Greenway Engineering October 13, 2004 Revised January 3, 2005 North Stephenson, Inc. Rezoning 2.) Structural Development The applicants hereby proffer to limit the structural development on the 79 .13-acre to a maximum of 800,000 square-feet of total floor area. 3.) Environmental Protection The applicants hereby proffer to provide for the delineation of karst features located on the 79.13-acre site as a condition of master development plan approval. The applicants further proffer to conduct geotechnical analysis for each site plan in which structural development or other site improvements are located within 50 feet of identified karst features. The geotechnical analysis reports and methods for treatment of impacts shall be provided to the Frederick County Engineer for review and approval as a condition of site development plan approval. 4.) Viewshed Mitigation The applicants hereby proffer to prohibit the placement of freestanding and building mounted illuminated and non-illuminated business signs facing the eastern property line of tax map parcel 43-((A))-152 to mitigate viewshed impacts from the 3rd Winchester Core Battlefield Area. 5.) Fire and Rescue Monetary Contribution The applicants hereby proffer to provide a monetary contribution of $0.01 per square foot of structural development on the 79.13-acre site occurring subsequent to rezoning approval. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for structural development, which may generate a maximum monetary contribution of $8,000.00 based on the proffered maximum square footage of structural development. The applicants monetary contribution will be directed to the Clearbrook Volunteer Fire and Rescue Company, which will provide first due response to the subject site. File #3485/EA W 4 Greenway Engineering October 13, 2004 Revised January 3, 2005 North Stephenson, Inc. Rezoning 6.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: North Stephenson, Inc. By: ~ ~.~ Keven Omps ~ {I [-<)-5 Date BY~cDr ~ J Omp' ~ ~ /;, - d..0--6[ Date Commonwealth of Virginia, City/County of r-!La-"ClQ!L\(_~ To Wit: z..s~ F",- \" ru....IL, The foregoing instrument was acknowledged before me this b. day of Mo~ 200C;by ~ t::> \...-." 0 My Commission Expires ::rv- \'-'1 ~ \ d-()u/ \ / File #3485/EA W 5 wo=,'lu~_u:;Jll.lr'JUUl ezss-aZ',t,-O"; X'I~ ~17"-Z99-0Y9 iluoqdWlilJ, a(lgzz 'Q~~!J.I^ 'J."\MIll.~ ilU'li"'J RlH AptllA lIill 9NltllIlINI9NlI A'IIANlIlItlO ~ ii! 2 ~ w'" 1l~&Q~ ~"'2~~ m&~~i:\ oow~w ~::n~U:I Qlt.~~~ UJUJ w..J 0 g\i1 '" 0'" ~:;,~u~ ~oQll!O lL",~~ll! ill~;;!I:8 5.lohaA.lnS su;a;aU1Bu:! VA 'A.LNOO::J )I::JI1I30Jl:U .L::>lll.LSIO 1VI1l3.LSI~VV\ 11'1 Jt.JNO.LS ~ 9N1SSOHO XSO - NV1c:I avOI:l 1:I0l03T1OO l:Iot...., I ~ ~~ NOSNaHcBJ,8 g '- ~ ~ c ~ . , . , ~ " . ll.'It4_.J e . - ~ ~ i t ~~~~~ 00.;.$1. t\qC~J. "i.LS ~ ~ - r=='ljI'""' I \' i I I~\ I I III!" Ii I It[ !~. I III ~f5i~: gl I ~iti; II ~Ol ~ ~"IjlD \?I ~hO ~I I"~ ~ ~I I~' ll~h 1-- ~I I 11:111 I ~I I I 13111 : I I ~I ! I Iii i I 1,,1 I I I I , , I I I I €I C! ~.. €I Q ilu & ,g o ,0 ~ ;~ - ~ ii' w " ..J ~i!ll <( €I U '" €I '" €I ,g .~i!!l I Uif ljj11, 1\ ,---- ~f II I . \ ~ I ~I \(3! I ~~;~ -T(: (3\ I ~Iiii I i- i I ~~~ll / I 1(3~ I" I i \(31\.- ~0 L_ · 1m _1):< IT ......., \l!l'~ 12 I ~ I ... \ Inl~ 1":;_1 \ \ IGA' ~~ _2.-....~ -"I ~- \ I Is,l '- ~) 1/ ~----'r- ,- (@oJ I (' )(' --', I. III r~l'l ~ I> I ~ I I I ~ I ~ I I ,..1 ;; I ~ Ic--b:r_r' /"I--CJ I I ~ '" WO:)'fu;M_U~"__ iC:!i6-a21. -0'9 Xl" ~elt-a99-0t~ auoqdlllllJ. UoAh.lns lUal;lu!1tq VA '}'.LNl10;) )!;)I<l303<1J o .L;)Ill.LSIO 1VI1l3.LSI:JVl'I 11V N.3NO.LS ~ ElNlSSOYO XSO - NV1d OVOI:! I:!OJ.Olrll00 I:IOI'VW i : aE>VTH^ NOStEIfd3J.S g '- ~ ~ ~ ~ . c :>.: I') . o . ~ ~ g t ~~~~~ E Q~ II \ I 6 I ~I -I <:11' ~~ &~ II 1 ~I II .. I . II \ . ~II 1III I~I I I il I I~II I~ III III III III III III III I III Jill III ........ it09~ 'lI'I,U!J.ltA '.I;!lsa'-':nIUl 111.1" 11111 ""pau. 1~1 I.t6J.P~ ONll:I:I:lNION:I lYMN:I:ll:IO --- , \ \ \ ~ '.l.\ t- \\ ~~l'! ~\ l~ft ~\ j; \ ~L - -- =====~--=-----==--=----==--~=-- I I A \ !~Ii~ i ~ if ~I " l: ~I ~i~B :\ o ~ . Q Z i~ . I~ .-LL- __~~~___ I .T~'o~ - -; ,~'= II ; ~I ! I . 1 . @! I~ ~ ~I~ IJ 13 r~ ~I I II 01 I 11 I II 3 .. ~ . t .t ~ N N ~ N d, . :3 ~ 2 r i: ~ >~g ,,~;[ --= -- ---- ~ iih ~ ~~ ~ l~ j;j!B €I ~ €I ~ -Il -Il w --' <t €I ~ €I '" €I -Il AMENDMENT Action: PLANNING COMMISSION: April 6, 2005 - Recommended Approval BOARD OF SUPERVISORS: April 26, 2005 o APPROVED o DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-05 FOR NORTH STEPHENSON, INe. WHEREAS, Rezoning #03-05 for North Stephenson, Inc., was submitted by Greenway Engineering to rezone 79.13 acres from RA (Rural Areas) District to Ml (Light Industrial) District. These properties front on the east side of Martinsburg Pike (Route 11 North), just north of the Interstate 81 Exit 3 I 7 northbound off-ramp, immediately northeast of Redbud Road (Route 661), in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINs) 43-A-150, 43-A-151, 43-A-151A, 43-A-152, 43C- 3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43C-3-5 and 43C-3-7 A. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 6, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 26, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval ofthis rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 79.13 acres from RA (Rural Areas) District to Ml (Light Industrial) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. #] 7-05 This ordinance shall be in effect on the date of adoption. Passed this 26th day of April, 2005 by the following recorded vote: Richard C. Shickle, Chairman Barbara E. Van Osten Gina A. Forrester Gary Dove Lynda J. Tyler Bill M. Ewing Gene E. Fisher A COpy ATTEST John R. Riley, Jr. Frederick County Administrator PDRes. #17-05 Greenway Engineering October 13,2004 North Stephenson, Inc. Rezoning NORTH STEPHENSON, INC. REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning often contiguous parcels comprising a 79.l3-acre tract, owned by North Stephenson, Inc. The subject properties front on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 200 feet north of the Interstate 81 Exit 317 northbound off-ramp, and immediately east of Redbud Road (Route 661). The current zoning of the parcels comprising the 79. 13-acre tract is RA, Rural Areas District and RP, Residential Performance District. North Stephenson Inc. proposes to rezone these parcels to establish 79.l3-acres ofMl, Light Industrial District. See attached North Stephenson, Inc. Location and Zoning Map Exhibit. Basic information Location: East of Martinsburg Pike (Route II), north of Interstate-81 Exit 317 and east of Redbud Road (Route 661) Magisterial District: Stonewall Property ID Numbers: 43-A-150, 43-A-151, 43-A-151A, 43-A-152, 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43C-3-5, 43C-3-7 A Current Zoning: RA, Rural Areas District RP, Residential Performance District Current Use: Agricultural, trucking, office and residential uses Industrial Proposed Use: Proposed Zoning: Total rezoning area: MI, Light Industrial District 79.13-acre tract COMPREHENSIVE PLAN The parcels comprising the subject site are located within the study area boundary of the Northeast Land Use Plan. The policies guiding future land use development within the Northeast Land Use Plan are identified in Chapter 6 (Land Use) of the Comprehensive Policy Plan on pages 6-34 through 6-38.5. The recommendations of the Northeast Land Use Plan suggest that commercial and industrial land use should occur around the 2 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning Interstate 81 Exit 317 interchange area, with an emphasis on industrial land use adjacent to the railroads within the study area. The subject site has approximately 2,600 linear feet (\I, mile) of frontage along the CSX railroad and can accommodate rail spur and rail siding locations. The 79.13-acre site is located within the Urban Development Area and the Sewer and Water Service Area; therefore, expansion beyond the existing property boundaries is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, tax parcels 43-((A))-150, 43-((A))-15l, 43-((A))-151A, 43-((A))-152, 43C-((3))-2, 43C-((3))-3, 43C-((3))-4, 43C-((3))-4A, 43C-((3))-5, and 43C-((3))-7A, are situated in the southeast quadrant of the Interstate 81 Exit 3l7/Martinsburg Pike (U.S. Route 11) interchange area. The 79. 13-acre site has frontage along Martinsburg Pike and along Redbud Road (Route 661). The Northeast Land Use Plan identifies a new major collector road, which connects Old Charles Town Road (Route 761) to Martinsburg Pike. The location of the new major collector road intersection with Martinsburg Pike was established during the rezoning and master development plan process associated with the Rutherford's Farm Industrial Park. Therefore, the new major collector road is planned to traverse the subject site along the northern boundary of tax parcel 43-((A))-150 and is planned to run near the subject property's eastern boundary and intersect Martinsburg Pike (U.S. Route 11). The Interstate 81 widening project is anticipated to relocate the northbound off-ramp to align with Martinsburg Pike at the current location of the Redbud Road intersection with Martinsburg Pike. This road improvement project will ultimately result in the need for Frederick County to determine an acceptable route to relocate traffic flow from Redbud Road to Martinsburg Pike. The applicants' proffer statement has made provisions for the dedication of a 50-foot right-of-way through the subject property that will allow for future displaced traffic to access Martinsburg Pike at the signalized intersection associated with the new major collector road. Furthermore, the applicants' proffer statement prohibits commercial entrances along Redbud Road. Flood Plains The subject site is located on the FEMA NFIP map #510063-0105 -B. The entire site is located as "Zone C", area outside the 100-year flood plain. 3 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning Wetlands The National Wetlands Inventory Map identifies one wetland area in the southwestern portion of the 79.13-acre parcel, which is a man-made impoundment. The treatment of this wetland area will be determined during the master development plan process for the future industrial site. Steep Slopes There are no steep slopes on the subject site. Mature Woodlands Two areas of mature deciduous trees exist on the 79.13-acre site, which are located in the northwestern portion of the subject site. It is anticipated that these areas will be impacted by the future development of industrial sites, parking areas and by the future relocation of Redbud Road. In April 2003, the Board of Supervisors adopted an ordinance to eliminate a maximum disturbance percentage for woodland areas on commercial and industrial properties and to require higher planting standards for parking lot areas. Site plans for the 79.13 -acre property will comply with these standards. Soil Tvpes The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service was consulted to determine soil types contained in this tract. The subject site is located on map sheet number 24 & 30, and contains the following soil types: 5B-Carbo Silt Loam: 2-7% slope 5C-Carbo Silt Loam: 7-15% slope 6C-Carbo Oaklet Silt Loam, very rock 2-15% slope 32B-Oaklet Silt Loam: 2-7% slope The 5B-Carbo Silt Loam and 32B-Oaklet Silt Loam soils are identified on page 123 as prime farmland soils. All soil types possess moderate to high shrink-swell potential. Karst Features The geology associated with the subject site has the potential for the presence of karst features. The delineation of karst features throughout the project site is proffered to occur during the master development plan process. Furthermore, the proffer statement provides for geotechnical analysis during the site development plan process for any 4 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning development that will occur within close proximity of identified karst features to determine appropriate treatment methods to ensure that structural development, stormwater management facilities and stormwater discharge does not negatively impact these features. B. SURROUNDING PROPERTIES Adioining property zoning: and present use: North: Zoned Rural Areas (RA) Use: Residential and Unimproved South: Zoned Rural Areas (RA) East: Zoned Rural Areas (RA) West: Zoned Residential Performance (RP) Zoned Business General District (B2) Use: Residential and Agricultural Use: Agricultural Use: Residential Use: Rutherford's Farm Indust. Park C. TRANSPORTATION The 79.13-acre site has approximately 1,300 feet of frontage along Martinsburg Pike (U.S. Route II North), which is classified as a major arterial road; approximately 2,400 feet of frontage along Redbud Road (Route 661 ), which is classified as a local street; and will have approximately 1,300 feet of frontage along the new major collector road that is identified to follow the northern boundary of the industrial site. A traffic impact analysis (TIA) has been prepared for the 79.13-acre site by Patton Harris Rust, which is dated September 22, 2004 and included as a component of the Impact Analysis Statement. The TIA assumes the total build out of 800,000 square feet of industrial land use by year 2015. The TIA provides for a Level of Service (LOS) analysis, AM and PM peak hour traffic volumes and Average Daily Trip volumes for existing, background and build out conditions. It should be noted that the background traffic data accounts for the buildout of the Rutherford's Farm Industrial Park and the Stephenson Village Residential Planned Community, as well as a 5% increase in regional traffic generation on Martinsburg Pike compounded annually throughout the 2015 project buildout year. The applicants' proffer statement has been designed to prohibit access to Redbud Road, as this intersection with Martinsburg Pike fails during peak hour traffic volumes. Therefore, the applicants' propose to provide access to the 79.13-acre industrial site at the planned signalized intersection with Martinsburg Pike and the Rutherford's Farm Industrial Park major collector road entrance. The TIA assumes both the projected traffic impacts from major developments in the immediate area of this project, as well as an 5 Greenway Engineering October 13,2004 North Stephenson, Inc. Rezoning average annual increase in traffic on Martinsburg Pike to account for regional traffic impacts. Furthermore, the TIA assumes the improvements that have been proffered for the Martinsburg Pike corridor from these future developments. The TIA demonstrates that the background traffic volumes create a Level of Service "D" at the signalized intersection of Martinsburg Pike and the new major collector road, and further demonstrates that this intersection functions at the same Level of Service "D" assuming the total build out of 800,000 square feet of industrial land use on the 79.13- acre site. Therefore, the addition of the 5,874 vehicle trips projected from the industrial site does not reduce the Level of Service at the intersection of Martinsburg Pike and the new major collector road from the Level of Service that is projected to occur solely from background traffic volumes. The applicants' proffer statement provides for on-site and off-site improvements to the surrounding transportation system, including dual left turn lanes on the southbound Martinsburg Pike approach to the project site, a continuous right turn lane within the Martinsburg Pike right-of-way from the intersection of Redbud Road to the signalized intersection into the project site, the execution of a signalization agreement with VDOT for traffic signalization at the intersection of Martinsburg Pike and the major collector road aligning with Renzi Drive at the Rutherford's Farm Industrial Park, the dedication of right-of-way for the ultimate design of the major collector road from the signalized intersection at Martinsburg Pike to the CSX railroad, the provision of right-of-way dedication along Redbud Road for the proposed Interstate 81 widening, and the dedication of a 50-foot right-of-way through the subject site for the relocation of Redbud Road that is anticipated to be severed from its current intersection at Martinsburg Pike as a result of the Interstate 81 widening project. These proffered on-site and of-site improvements will maintain the LOS projected from background traffic impacts and therefore, will mitigate the transportation impacts associated with 79.13-acre industrial development. D. SEWAGE CONVEYANCE AND TREATMENT The 79.13-acre subject site is located within the Sewer and Water Service Area (SWSA) boundary. The Frederick County Sanitation Authority (FCSA) developed the Route 11 North Sewer and Water Service Area plan to serve the northeast portion of the County, which was approved by the Board of Supervisors in 2002. An 8" sewer force main directing flow to the Redbud Run Pump Station serves a portion of the northeast area of the County. This 8" sewer force main is constructed within the Redbud Road (Rt. 661) right-of-way, which adjoins the subject site. Sewage effluent from the industrial site will be directed through a series of force mains and gravity lines to the Opequon Water Reclamation Facility. This treatment facility has a hydraulic capacity of 8.4 MGD, which has flows allocated to the FCSA and the City of Winchester Public Utilities. The on-site sewer infrastructure required to convey effluent to the 6 Greenway Engineering October 13,2004 North Stephenson, Inc. Rezoning treatment facility will be developed by the applicants to standards acceptable to the FCSA for future operation and maintenance. The impact ofrezoning the 79.13-acres can be based on comparable discharge patterns of 500 gallons-per-day (GPD) per acre for industrial land use. The figures below represent the impact that the total build out of the proffered square footage of structural area has on the sewage conveyance and water supply systems. Q = 500 GPD per acre Q = 500 GPD x 79.13 acres Q = 39,565 GPD projected at total build out The proposed rezoning is projected to increase flows to the Opequon Water Reclamation Facility by 39,565 GPD at total build out. The design capacity of the Opequon Water Reclamation Facility is currently 8.4 MGD, of which 6.4 MPD is utilized. The projected increase of 39,565 GPD at total build out represents a 1.9% increase in the current available capacity of the treatment facility; therefore, adequate capacity and infrastructure is available for this industrial development. E. W ATER SUPPLY The 79.l3-acre subject site is located within the Sewer and Water Service Area (SWSA) boundary. The Frederick County Sanitation Authority (FCSA) developed the Route 11 North Sewer and Water Service Area plan to serve the northeast portion of the County, which was approved by the Board of Supervisors in 2002. A 10" water line is located along the eastern side of Martinsburg Pike (U.S. Route 11), which traverses the 79.l3-acre site. Furthermore, a 20" water transmission line is currently in place on the west side of Martinsburg Pike, which is planned to follow the major collector road serving the Rutherford's Farm Industrial Park and this industrial development. The on-site water infrastructure required to convey potable water to the proposed industrial uses will be developed by the applicants to standards acceptable to the FCSA for future operation and maintenance. The impact of rezoning the 79.l3-acres can be based on comparable water usage of 1,000 gallons-per-day (GPD) per acre for industrial land use. The figures below represent the impact that the total build out of the proffered square footage of structural area has on the water supply system. Q = 1,000 GPD per acre Q = 1,000 GPD x 79.13 acres Q = 79,130 GPD projected at total build out The projected water usage for the proposed rezoning is 79,130 GPD at total build out. This projection represents approximately 3.9% of the North Water Treatment Plant 7 Greenway Engineering October 13, 2004 North Stephenson, Inc, Rezoning current capacity of 2 MOD. The North Water Treatment Plan is designed to increase treatment capacity to approximately 4 MOD. Therefore, the existing source and infrastructure is adequate to accommodate the capacity needs of the proposed 79.13-acre industrial site at total build out. F. DRAINAGE The 79.13-acre parcel is gently sloping and drains from the north and west towards the southeastern portion of the project site. On-site storm water management facilities will be designed to adequately accommodate the post-development conditions. The applicants have proffered to prepare a geotechnical analysis for the purpose of identifying any suspect karst depressions and to ensure that proposed developed areas do not adversely impact water quality through storm water management design. Storm water management will be designed in accordance with all applicable state and local storm water management requirements and erosion and sedimentation control. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of structural floor area (Civil Engineering Reference Manual, 4th edition). The following figures show the increase in' average annual volume based on the 800,000 square feet of industrial square footage that is projected to develop over a 10-year period: A V = 5.4 Cu. Yd. per 1,000 sq. ft. A V = 5.4 Cu. Yd. x 800 (1,000 sq. ft.) A V = 4,320 Cu. Yd. at build-out/yr or 3,024 tons/yr at build-out A V = 3,024 tons/yr divided by 100yr build-out = 302.4 ton annual increase The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected annual solid waste generation from the subject site is anticipated to be 302 tons per year, which represents a 0.15% increase in the solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. This projected annual increase in solid waste generation is manageable and can be accommodated by the Regional Landfill. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Seven Oaks residential structure (#34-1067) as potentially significant, although this structure was not deemed 8 Greenway Engineering October 13, 2004 North Stephens~n, Inc. Rezoning eligible for the state or national register of historic places. The applicants' utilized Seven Oaks as a residential rental property over the years and recently razed the structure under an approved demolition permit issued by Frederick County. Prior to obtaining this demolition permit, the applicants' determined that the Seven Oaks structure did not lend itself as an adaptive reuse structure for commercial or industrial use. Furthermore, the applicants' were advised that the Shenandoah Valley Battlefield Foundation (SVBF) did not desire to pursue acquisition of the Seven Oaks residence for use as a tourist center. However, prior to razing the residence, the applicants' allowed the structure to be photographed, inventoried and cataloged both externally and internally by an architectural historian. The southeastern corner of the subject site is located across Redbud Road (Route 661) from the former Stine parcel, which was acquired by the Shenandoah Valley Battlefield Foundation. A portion of the 3rd Winchester Core Battlefield Area is located approximately 900 feet southeast of the southeastern corner of the proposed industrial site. The CSX Railroad crosses Redbud Road at the divide of the subject site and the SVBF parcel. The potential for rail-spur and rail siding is very good beginning at this location and proceeding north along the CSX Railroad for approximately 1,200 linear feet. Therefore, it is anticipated that industrial structural development will be located at least 1,000 linear feet from the 3rd Winchester Core Battlefield Area due to the location of rail-spur and rail-siding. The applicants' have proffered to prohibit illuminated and non- illuminated business signs along the 1,400+ feet comprising the eastern property line of tax parcel 43-((A))-152. The distance between future industrial structures and the 3rd Winchester Core Battlefield Area, coupled with the elimination of business signs along the eastern boundary of tax parcel 43-((A))-152 will assist in the mitigation of impacts to the viewshed associated with the 3rd Winchester Core Battlefield Area. I. IMPACT ON COMMUNITY FACILITIES The Frederick County Capital Facilities Fiscal Impact Model has been prepared for the proposed rezoning of the 79.13-acre site based on a proffered maximum square footage of 800,000 square feet of industrial land use. The results of the Capital Facilities Fiscal Impact Model identify that the build-out of this square footage will generate $6,034,694.00 in revenues for capital facilities needs in the community. The Capital Facilities Fiscal Impact Model identifies an impact to fire and rescue services, which has been further mitigated by the applicants' proffered monetary contribution of $0.01 per square foot of structural development on the subject site. This monetary proffer would result in an additional $8,000.00 for fire and rescue services if the proffered maximum square footage is developed on the subject site. No additional impacts to community facilities are anticipated by this rezoning application. 9 OVERVIEW Report Summary This study considers the traffic impacts associated with the build-out of the proposed North Stephenson Tract, to be located northeast of the Route 11 & Interstate 81 intersection, in Frederick County, Virginia. The proposed project will include a total of 800,000 square feet of light industrial development. Full build-out is to occur over single transportation phase by the year 2015. Methodology The traffic impacts accompanying the North Stephenson Tract were obtained through a sequence of activities as the narratives that follow document: · Assessment of background traffic including other planned projects in the area of impact, · Calculation of trip generation for the proposed North Stephenson Tract, · Distribution and assignment of the North Stephenson Tract-generated trips onto the completed roadway network, · Analysis of capacity and level of service with the newest version of the highway capacity software, HCS-2000, for existing and future co~ditions. EXISTING CONDITIONS Patton Harris Rust & Associates, pc (pHR+A) conducted manual traffic counts at the following intersections: 1) Route 11 & SB 1-81 on-ramp/off-ramp; 2) Route 11 & NB 1- 81 off-ramp; and 3) Route 11 & NB 1-81 on-ramp/Redbud Road. Figure 1 shows the existing ADT (Average Daily Traffic) and AMlPM peak hour traffic volumes at key locations within the study area. Figure 2 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 level of service worksheets are included in the Appendix section of this report. PH&A A Traffic Impact Analysis of North Stephenson Tract September 22, 2004 Page 1 ! No Scale ---------------- I I , , , , , , '.,.<; ~~%- 'q\~ ~\ .., SITE "~, I . .... .,#' --.-.-'" DB AM "Peak Bour ("pM "Peak Bour) Existing Traffic Volumes A Traffic 1Inpact Analysis of North Stephenson Tract September 22, 2004 Page 2 Prr&^ ~ No Scale . . . . . . . . . '"", <8\% 'q~,'?t ~\ ". 'h ~ . .......... ,#' .......-... ..PI/h.. ~"';~e llthem-......... Ol"<tg ~~... .ul"Jo ..... "e",.>.. -rlf)-.'" ... .. " ~ ""'''' SITE .... .... ", "'.. ! ~ o ell '" Unsignalized Intersection AM Peak Hour (pM Peak Hour) bDenotes Free-Flow Movement * Denotes Critical Unsignalized Movement Figure 2 Existing Lane Geometry and Level of Service p~ A Traffic Impact Analysis of North Stephenson Tract Septernber 22, 2004 Page 3 2015 BACKGROUND CONDITIONS The existing traffic volumes were increased using an historic growth rate of 5% per year through Year 2010 and 3% per year through Year 2015. Additionally, PHR+A utilized the report titled: A Traffic Imoact Analvsis of Stephenson Village, by PHR+A, dated February 7, 2003, to incorporate all trips relating to "other developments" located within the vicinity of the proposed North Stephenson Tract site. Figure 3 shows the 2015 background ADT and AM/PM peak hour traffic volumes at key locations within the study area. Figure 4 shows the respective 2015 background lane geometry and AM/PM peak hour levels of service. Using the ih Edition ofITE's Trip Generation Reoort, PHR+A has included Table A in the Appendix to summarize the 2015 "other developments" trip generation. Table B summarizes the Stephenson Village trip generation results as well as the internal and pass- by trip reductions. All ReS-2000 level of service worksheets included in the Appendix section of this report. The following are a list of planned improvements and factors that impact the 2015 build-out analysis. 1) Residential and retail land uses of Stephenson Village property will enter and exit the property via a signalized site-driveway (Spine Road) located along Route 11, opposite Rutherford's Farm Industrial Park. 2) Route 11 will be a four-lane divided facility from the northbound ramps at 1-81 through the intersection at Spine Road. TRIP GENERATION PHR+A determined the number of trips entering and exiting the site based upon a total development size of 800,000 square feet of light industrial development. Using the ih Edition of ITE's Trio Generation Report, Table 1 was prepared to summarize the trip generation results for the proposed North Stephenson Tract. Table 1: Proposed North Stephenson Tract AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 110 Light Industrial 800,000 SF 752 103 855 118 863 98\ 5,874 Total 752 103 855 118 863 981 5,874 PH&A A Traffic Impact Analysis of North Stephenson Tract September 22, 2004 Page 4 ~ No Scale ImI AM Peak Hour (pM Peak Hour) Figure 3 2015 Background Traffic Volumes PH&A A Traffic Impact Analysis of North Stephenson Tract September 22, 2004 Page 5 ~ No Scale I I I I I , , , ~ ~.,~ '\i.." ~., .., 'h a~ I ! It: o ~ CJl Unsignallzed Intersettion AM Peak Hour (pM Peak Hour) '::=Denotes Free-Flow Movement * Denotes Critical Unsignalized Movement Figure 4 2015 Background Lane Geometry and Level of Service PHR:A A Traffic Impact Analysis of North Stephenson Tract Septernber22,2004 Page 6 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. Figure 5 represents the 2015 trip distribution percentages into and out of the North Stephenson Tract. Figure 6 shows the respective development- generated AM/PM peak hour trips and ADT assignments along the study area roadway network. 2015 BUILD-OUT CONDITIONS The North Stephenson Tract assigned trips (Figure 6) were added to the 2015 background traffic (Figure 3) to obtain 2015 build-out conditions. Figure 7 shows 2015 build-out ADT and AMlPM peak hour traffic volumes at key locations within the study area. Figure 8 shows the respective 2015 build-out lane geometry and AMlPM peak hour levels of service. All HCS-2000 level of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the North Stephenson Tract are acceptable and manageable. The Spine Road/Route 11 intersection will maintain acceptable levels of service "D" or better during 2015 build-out conditions. PH&i\ A Traffic hnpact Analysis of North Stephenson Tract SepteInber22,2004 Page 7 ~ No Scale ~ ~ ~ o ~ '" J "g :g ... <<: 661 Figure 5 Trip Distribution Percentages PH&A A Traffic Impact Analysis of North Stephenson Tract September 22, 2004 Page 8 ~ No Scale I!iD AM Peak Hour (pM Peak Hour) Figure 6 Development-Generated Trip Assignments PHRtA A Traffic Impact Analysis of North Stephenson Tract September 22, 2004 Page 9 ~ No Scale ImI AM Peak Hour (pM Peak Hour) Figure 7 2015 Build-out Traffic Volumes PH&A A Traffic Impact Analysis of North Stephenson Tract September 22, 2004 Page 10 ~ No Scale ! 1:6 o ell tIl Unsignalized Intersection AM Peak Hour (pM Peak Hour) ~Denotes Free-Flow Movement * Denotes Critical Unsignalized Movement Figure 8 2015 Build-out Lane Geometry and Level of Service PH&A A Traffic Impact Analysis of North Stephenson Tract September 22, 2004 Page 11 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office ofthe Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: 662-4185 Address: 151 Windy Hill Lane Winchester. VA 22602 2. Property Owner (if different from above) Name: North Stephenson. Inc. Telephone: 667-4919 Address: 1800 Martinsburg Pike Winchester. VA 22603 3. Contact person if other than above Name: Evan Wyatt Telephone: 662-4185 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid x X X X Agency Comments Fees Impact Analysis Statement Proffer Statement X X X X c~ i~ J I~,! L_ ___________j tF;E:i:;E~',:CI< COUUTY PLp,~'.!i-,::i'i"-; & DE\.:i:Lcrf0ENT -; j 5. The Code of Virg:inia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: North Stephenson, Inc.: Keven Omps & John Omps 6. A) Current Use of the Property: Truckinl!:: Residential & Al!:ricultural B) Proposed Use of the Property: Truckinl!: & Lil!:ht Industrial 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 43-((A))-99 Unimproved B2, B3 & Ml Districts 43-((A))-100 Residential B2 District 43-((A))-147 Unimproved RP District 43-((A))-149 Residential RP District 43-((A))-153 Residential RA District 43-((A))-154 Utility Substation RA District 43-((A))-158 Unimproved RA District 43C-((3))-6 Residential - RP District 43C-((3))-9 Residential RP District 43C-((5))-15 Residential RA District 43-((5))-16 Residential RA District 43C-((5))-17 Residential RA District 44-((A))-26 Unimproved RA District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subiect properties front on the east side of Martinsburg Pike (U.S. Route 11 North), iust north of the Interstate 81 Exit 317 northbound off-ramp. and immediately east of Redbud Road (Route 661) in the Stonewall Magisterial District. Information to be Submitted for Canital Facilities Imnact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 43-((A))-150: 43- ((A))-151: 43-((A))-151A; 43-((A))-152; 43C-((3))-2; 43C-((3))-3; 43C-((3))-4; 43C- ((3))-4A; 43C-((3))-5; 43C-((3))-7 A Districts Magisterial: Fire Service: Rescue Service: Stonewall Clearbrook Clearbrook High School: Middle School: Elementary School: James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zonin!!; Zonin!!; Requested 79.13 :l: RP & RA District Ml District 79.13 :l: Total Acrea!!;e to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Non-Residential Lots: Townhome: Mobile Home: Multi-Family Hotel Rooms: Square Footage of Proposed Uses Office: Retail: Restaurant: Service Station: Manufacturing: Warehouse: Other 800.000 Sq.ft. maximum structural area for light industrial and trucking 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and 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 bet of my (our) knowledge. Applicant(s): f,'i O-.~ Date: z./zs /0'5 Owner (s): ~.^~~ ~~ ,- Date: ~. d e-O~ Date: ?:./ \ L 05 Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) North Stephenson. Inc.. Keven amps & John amps (Phone) (540) 667-4919 (Address) 1800 Martinsburg Pike Winchester. VA 22603 the owner(s) of all those tracts or parcels of land ("Property') conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. Refer to Attached Property List on Page ~ and is described as Parcel: Refer to Attached Property List Lot: do hereby make, constitute and appoint: Block: Section: Subdivision: (Name) Greenwav Engineering (Phone) (540) 662-4185 (Address) 151 Windv Hill Lane Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above lIlscribed Property, including: [2J Rezoning (Including proffers) o Conditional Use Permits o Master Development Plan (Preliminary and Final) o Subdivision o Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until itis otherwise rescinded or modified. have heret~:et~ ~o:r) hand and seal this \~... day o~ 200~ e~\C..~ State of Virginia, City/County of_, TO-WIt: ~NOtary Public in and for the jurisdiction aforesaid, certify that the person(s) or o' gins ent. and ~ho. I \ar9 known t~ me: personally appeflr-efr-be~r-ei11e-~d.- r---- -- -c;--- ame me m the JunsdlctlOn aforesaId thIS \!<.. day ofrw.~ 200 $f: . o:i I 0 'l i; _ ~_ .~::-- :::J_ .~L __._ ::J I'l My Commission Expires: .3"u.\~'"Q'..1 dDDl '-i \ I J : il I. 'J 11 !!, J I~ c' I S ignature( s) ',~< 'JUU',l _ PLA>J.~::,jC;1 i1, Dt'~~El_GPiViEj\JT North Stephenson, Inc. Rezoning - Adjoining Property Parcel JD Number Use Zoninf? 43-((A))-99 Undeveloped B2, B3, Ml 43-((A))-lOO Residential B2 43-((A))-147 Undeveloped RP 43-((A))-149 Residential RP 43-((A))-153 Residential RA 43-((A))-154 Public RA 43-((A))-158 Undeveloped RA 43C-((3))-6 Residential RP 43C-((3))-9 Residential RP 43C-((5))-15 Residential RA 43C-((5))-16 Residential RA 43-((5))-17 Residential RA 44-((A))-26 Undeveloped RA File #3485/EA W o / 1 OOO--~ 0 ''''''''-.. I ' " ~ ----..- North Stephenson, Inc. Rezoning - Location Map 1.". 43-A-1,2 l.~. 4;.-A-'5' .., ~~ ~:-< ./ " ;:: .. ,. . . ",,,, .. I 4- W" ':' I 1+ :II U;t;, " ~ - ;: T.M. 43-A-151 T.M. 43-.40- 150 0 ~~:~n;:~b1~~Q~~e -" ~ ;;; z 9 '" :o~ "'z n'" ~g ~~ ~o "',. g~ -z z~ "'0 '" ;;Jl' '"' "'~ ~6 Cl ",z Cl n", ~ I ~ 8~ CZ r- ~Ui '" ,,~ Cl v;l(\ 00 ~ ~~ ~~ ;::~ I 'Z'~ llJ '"'1!1 0 ,., Cl I ~ 5 ~ M ~ 0 ~ ~ ~ z " 0 ~ " 0 0 - g ~ -. ~ ~ ~ g . ~ . , o. ~ '" ~~ 0'" -I>-.~ ",. "'''' ,'" " ~~~~~~~rrrrrr~rrrrrrrrr ~~~~~~;~~~~~o~~~~~~~~-~ ~~~~~~~~~~~~~~~~~~~~~~ '" '" ~ ~ ~~,,~ '" '" ~'9~ ,~+ $; 837.0318' S 52',05" E ~ " ~ " . '" " I '" I ~ ~ 520,2792' S 52'51'37" E ... ... REZONING PLAT EXHIBIT COMPOSITE PUT OF THE LAND OF NORTH STEPHENSON -$-~~I1~n~ ,.....,id ... "rl 1Jlnehli!!rter, Yil'llnla Z2e02 !:n.ineera Tel.phone 540-662-4185 SUI"IIl!!)'Or.!l rAX S40-7Ze-B5Z8 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA COUNTY of FREDERICK Department of Planning and Development 540/665.5651 FAX: 540/665.6395 MEMORANDUM TO: Frederick County Board of Supervisors Eric R. Lawrence, AICP, Planning Director{~ Public Hearing - Renewal of the 2005-2010 Agricultural & Forestal Districts FROM: SUBJECT: DATE: April 21, 2005 Frederick County currently has three Agricultural and Forestal Districts: the South Frederick (166 parcels totaling 11,451 acres); the Double Church Road (37 parcels totaling 1,524 acres); and the Refuge Church Road (15 parcels totaling 468 acres). Established in 1980, the South Frederick Agricultural and Forestal District has been renewed four times, most recently in May 2000. Both the Double Church Road and Refuge Church Road Districts were established in 1995 and renewed in 2000. As the districts are established and adopted for a five-year time frame, the districts must be reconsidered and renewed by May 2005. The Board of Supervisors has scheduled a public hearing to consider the 2005 renewal of the districts on April 26, 2005. The Code of Virginia, SI5.2-4300, enables local governments to establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal lands for the production of food and other agricultural products and to provide natural and ecological resources. The Code of Virginia requires the local governing body to establish an Agricultural District Advisory Committee (ADAC) for the purpose of reviewing proposals that establish or renew districts to ensure conformity with the provisions of SI5.2-4300. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew a district. In working with Extension Services, staff has circulated Agricultural and Forestal District renewal forms to the property owners presently participating in the County's three districts. In addition, these forms were made available to property owners who were interested in joining a district, even though they may not have previously been included. These forms are important aspects of the Agricultural and Forestal District Program: the program is voluntary. The Code of Virginia states that the properties within a district must meet various qualifications, two of which involve the size of the core area of a district (200 contiguous acres) and a distance factor (all properties must be within one mile of the district's core area). Based on these qualifiers, it has been determined that the Refuge Church Road District no longer qualifies as an Agricultural and Forestal District. Both the South Frederick and the Double Church Road Agricultural and Forestal Districts do qualify for renewal. The district renewals include: 122 parcels totaling 6,053Y2 acres in the South Frederick Agricultural and Forestal District; and 25 parcels totaling 924Yz acres in the Double Church Road Agricultural and Forestal District. 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Page 2 Frederick County Board of Supervisors Re: 2005-2010 Agricultural & Forestal Districts April 21, 2005 Since the County's Agricultural and Forestal Districts were initially established in 1980, the number of properties participating in the district has either increased or remained constant. However, this year we have seen a dramatic decrease in the number of properties that have either renewed their participation or new properties seeking inclusion into the districts. The dramatic decrease in participation may be associated with the current Rural Areas (RA) Land Use Study; this study has not been completed. It is anticipated that this ongoing study could account for some of the low participation in the renewel process. Since the current districts are slated to achieve their five-year maturity and will expire if not renewed by May, the County is moving forward with this process. However, once the RA Study is completed, the County will offer property owners another opportunity to participate in the Agricultural and Forestal District Program, as a late addition. The Agricultural District Advisory Committee considered these district renewals during their March 29, 2005, meeting and has forwarded a recommendation for approval. The Planning Commission considered this renewal on April 20, 2005, and following a public hearing, has forwarded a recommendation of approval. Following a public hearing, it would be appropriate for the Board of Supervisors to act on this renewal request. Attached is the pertinent information detailing the proposed membership in the renewal districts. ERL/rsa Attachments 2005-2010 South Frederick Agricultural & Forestal District Map Number Owner Information Acreage District 52 A 300 DTS, LC 305.43 South Frederick 60 A 73B FAWCETT, ROBERT L 18.87 South Frederick 60 A 75 TRIPLE S ASSOCIATES 39.03 South Frederick 61 A 7 SNAPP, R ROLAND & ELIZABETH A 109.51 South Frederick 61 A 8 SNAPP, R ROLAND 5.00 South Frederick 61 A 8A SNAPP, R ROLAND 5.00 South Frederick 61 A 9 SNAPP, R ROLAND 97.00 South Frederick 61 A 21 BHS, LC 34.00 South Frederick 61 A 22 WRIGHT, VERNON C & EULA H 89.48 South Frederick 61 A 23 BHS, LC 154.75 South Frederick 61 A 23A BHS, LC 1.00 South Frederick 61 A 24 BHS, LC 20.16 South Frederick 61 A 25 BHS, LC 5.50 South Frederick 61 A 26 BHS, LC 4.50 South Frederick 61 A 27 BHS, LC 4.00 South Frederick 61 A 29 BHS, LC 1.25 South Frederick 61 A 30 WOODBINE FARMS, INC. 44.00 South Frederick 61 A 31 NELSON, LINDA K 52.32 South Frederick 61 A 34 WOODBINE FARMS, INC. 14.00 South Frederick 61 A 37 WOODBINE FARMS, INC. 11.60 South Frederick 61 A 40 SNAPP, R ROLAND & ELIZABETH A 28.00 South Frederick 61 A 41 SNAPP, R ROLAND 42.00 South Frederick 61 A 43 SNAPP, R. WAYNE ET ALS 7.50 South Frederick 61 A 43A SNAPP, R. WAYNE ETALS 37.50 South Frederick 61 A 43B SNAPP, R. WAYNE ET ALS 10.00 South Frederick 61 A 43E MELBY, ROBERT J & CAROLJ 1.00 South Frederick 61 A 44 SNAPP, R ROLAND 2.00 South Frederick 61 A 45 FAWCETT, THOMAS L 35.99 South Frederick 61 A 96 M & M LP, LLP 170.95 South Frederick 61 A 106 M & M LP, LLP 42.00 South Frederick 61 A 107 M & M LP, LLP 19.00 South Frederick 61 A 116 M & M LP, LLP 44.76 South Frederick 61 A 117 M & M LP, LLP 29.00 South Frederick 61 A 118 M & M LP, LLP 77.50 South Frederick 61 A 119 M & M LP, LLP 16.00 South Frederick 61 A 120 M & M LP, LLP 9.92 South Frederick 61 A 126 M & M LP, LLP 11.00 South Frederick 61 A 127 M & M LP, LLP 166.62 South Frederick 61 A 128 WOODBINE FARMS, INC. 137.50 South Frederick 61 A 129 WOODBINE FARMS, INC. 48.00 South Frederick 61 A 130 WOODBINE FARMS, INC. 30.00 South Frederick 61 A 131 WOODBINE FARMS, INC. 7.75 South Frederick 62 A 21 DAVIDSON, BRUCE R JR & KELLlE JEAN 9.15 South Frederick Map Number Owner Information Acreage District 62 A 21A HUMPHREYS, JAMES C & SUESAN E 5.00 South Frederick 62 A 22 GROUNDWATER, ROBERT B & MARY SUE 10.54 South Frederick 62 A 27 COPENHAVER, EDWARD C, DECEASED 1.00 South Frederick 62 A 28 COPENHAVER, EDWARD C, DECEASED 76.37 South Frederick 62 A 57A MELCO, INC 46.48 South Frederick 62E 1 2 VICKERS, JAMES T. 6.14 South Frederick 62E 1 5 VICKERS, JAMES T. 5.11 South Frederick 62E 1 3 14 GOSA, JAMES J. & PATRICIA R. 5.41 South Frederick 62E 15 23 ENGELAGE, JAMES ROLAND & MARCIA E 5.00 South Frederick 62E 16 25 NERANGIS, NICHOLAS J & KATHLEEN B 5.01 South Frederick 62E 16 26 NERANGIS, NICHOLAS J & KATHLEEN B 10.00 South Frederick 62E 16 27 NERANGIS, NICHOLAS J & KATHLEEN B 5.10 South Frederick 72 A 29L STOUT, JEFFREY T 15.85 South Frederick 72 A 45 DOGWOOD KNOLL, LC 5.25 South Frederick 72 A 53 MCDONALD, ALBERT A & SYLVIA 197.00 South Frederick 72 A 58 BAUGHMAN, VASILlKI K 168.50 South Frederick 72 A 59 BAUGHMAN, VASIUKI K 20.00 South Frederick 72 A 82 MEAGHER, CONSTANCE M 12.00 South Frederick 72 A 83 MEAGHER, CONSTANCE M 0.50 South Frederick 73 A 3 V PI & STATE UNIVERSITY 119.78 South Frederick 73 A 4 DOGWOOD KNOLL, LLC 50.00 South Frederick 73 A 10 BHS, LC 190.80 South Frederick 73 A 10A FRUIT HILL ORCHARD, INC. 5.00 south Frederick 73 A 13 SNAPP, ALFRED L. & SON, INC. 84.69 South Frederick 73 A 16 KSS, LC 134.21 South Frederick 73 A 17 KSS, LC 160.00 South Frederick 73 A 18 BAUSERMAN, CHARLES C 135.93 South Frederick 73 A 20 BAUSERMAN, CHARLES C 234.43 South Frederick 73 A 21 WOODBINE FARMS, INCORPORATED 271.00 South Frederick 73 A 27 RIDINGS, L VERNON RESIDUAL TRUST 4.00 South Frederick 73 A 29 RIDINGS, RUBY 46.57 South Frederick 73 A 30 RINKER, DUDLEY H. 4.83 South Frederick 73 A 30A NOFFKE, KENTON L & KATHY C 1.71 South Frederick 73 A 30B ANDERSON, SHIRLEY K 5.95 South Frederick 73 A 30E RINKER, DUDLEY H. 1.01 South Frederick 73 A 30H SWACK, JOSEPH J. & PHYLLIS S. 6.15 South Frederick 73 A 30H SWACK, JOSEPH J. & PHYLLIS S. 6.15 South Frederick 73 A 301 RINKER, DUDLEY H. 6.43 South Frederick 73 A 31 WOODBINE FARMS, INC. 83.62 South Frederick 73 A 34 HAMIL TON, CHARLES A. 4.80 South Frederick 73 A 38 ORNDORFF, MARK A & ROXANNA M 3.57 South Frederick 73 A 39 CARBAUGH, DAVID HENRY 11.90 South Frederick 73 A 63 BHS, LC 240.17 South Frederick 73 A 64A DILLENDER, HOLLY B & SAMUEL C JR 2.32 South Frederick 73 A 66 WOODBINE FARMS, INC. 280.01 South Frederick 73 A 67 WOODBINE FARMS, INC. 23.00 South Frederick 73 A 90B ANDERSON, DANIEL W & SANDRA K 7.92 South Frederick 73 A 94 RIDINGS, L VERNON RESIDUAL TRUST 12.35 South Frederick Map Number Owner Information Acreage District 73 A 100 ANDERSON, PAUL G JR & MARY EDNA 100.00 South Frederick 73 A 101 BAUSERMAN, STANLEY L 69.00 South Frederick 73 A 103 HUEY, JAMES a. JR. & JO ELLEN 24.40 South Frederick 73 A 104 WINCHESTER WAREHOUSING, INC 103.85 South Frederick 73 12 11 MURPHY, CHARLES R & VICKY 0 2.86 South Frederick 73 12 13 SIMPSON, MILDRED S 4.91 South Frederick 73 12 15 KIM SUE CORP & H B 10.74 South Frederick 73 12 16 SIMPSON, JOHN I 59.88 South Frederick 73 12 23 HLAVINKA, DAVID D & PATRICIA E 2.98 South Frederick VANLANDINGHAM, A RENEAU JR & 73 12 26 PAMELA 2.29 South Frederick 74 A 12 BARLEY, GLENN & MARY K. 9.00 South Frederick 74 A 14 HUMPHRIES, CHERYL W 2.00 South Frederick 74 A 15 WHITNEY, PHILIP B 3.00 South Frederick 74 A 15A HUMPHRIES, CHERYL W. 1.23 South Frederick 74 A 15B WHITNEY, PHILIP B 32.77 South Frederick 74 A 18 WINCHESTER WAREHOUSING, INC 1 09.14 South Frederick 74 A 18A WINCHESTER WAREHOUSING, INC 80.00 South Frederick 74 A 18B WINCHESTER WAREHOUSING, INC 58.39 South Frederick 83 A 87 REZIN, JEFFREY L & SHARON K 20.57 South Frederick 83 A 100 HUFFMAN, WINSTON D & ELIZABETH G 14.66 South Frederick 84 A 2 MEAGHER, CONSTANCE M 66.50 South Frederick 84 A 6 MEAGHER, CONSTANCE M 60.00 South Frederick 84 A 29 WOODBINE FARMS, INCORPORATED 106.46 South Frederick 84 A 40 SNAPP, ALFRED L & SON, INC. 69.30 South Frederick 84 A 40A SNAPP, ALFRED L. JR. & BETTY V. 46.00 South Frederick 84 A 41 REDMILES, DONALD R & STELLA M 6.00 South Frederick 84 A 42A RAMEY, WADE A & ANGELA I 6.00 South Frederick 84 A 44 RIDINGS, L VERNON RESIDUAL TRUST 51.95 South Frederick 84 A 50 WOODBINE FARMS, INCORPORATED 197.00 South Frederick 2005-2010 Double Church Agricultural & Forestal District Map Number Owner Information Acreage District 85 A 1 NATIONAL FRUIT ORCHARDS, INC 122.29 Double Church 85 A 25 CLEM, FRED E. & ELOISE L 0.50 Double Church 85 A 33 JUDD, JESSIE F 0.37 Double Church 85 A 125 RITENOUR FARM L.P. 125.00 Double Church 85 A 130 RITENOUR FARM L.P. 55.00 Double Church 85 A 131 RITENOUR FARM L.P. 178.67 Double Church 85 A 131A STELZL, BETTY R 24.74 Double Church 85 A 132 RITENOUR, SANDRA R 3.67 Double Church 85 A 139 SCOTHORN, GARY L & STEPHEN P 103.60 Double Church 86 A 27 RITENOUR, ARTHUR B. JR. 10.50 Double Church 86 A 32 MADAGAN, STUART M TRUSTEE 74.53 Double Church 86 A 35 FAIRVIEW-SPRINGHILL FARMS 105.39 Double Church 86 A 70 WYMER, KENNETH E. 28.98 Double Church 86 A 72B WYMER, KENNETH E.& 10.21 Double Church 86 A 230A GORE, JEFFERY M & JOSEPH F 0.97 Double Church 86 A 230B GORE, JEFFREY M 21.03 Double Church 86 A 231 GORE, FRED B ET ALS 2.50 Double Church 86 A 241 COPP, KARL R. 10.59 Double Church 86 A 242 IRELAND, WILLIAM H. 3.00 Double Church 86 A 245 BOOTH, JOHN H. & VIRGINIA G. 0.50 Double Church 86 A 264 RITENOUR, ARTHUR B. JR. 0.50 Double Church 86 A 264A RITENOUR, ARTHUR B. JR. 0.53 Double Church 86B 5 1 1 DALE, DENNIS M. & MARTHA S. 1.00 Double Church 93 A 23 CONNER, RAYMOND E. 32.00 Double Church ~ ,J ~ 'r- , ~~~~f91!J.--.:lflil ~f': Lit ~ ~~Q: ~?Jlg~~O,Fre~r~~~Co.~pnjy~ \ ~ ",,0~gn~~~urat &iF:ore~I!!!~nc~s.v';r?; V ~ /~ ~~v ~ ' ~ ~~ 7~" ~~ ...<, ~.J~~ ~ '.&. ,~ ~ /ii:;;;;..iE:<::il;' "-fY'S ~""< '/:'~,,' ~, " "'>-. ,/, A ~~ ^ ft~C!' )..' 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" . .~<;~ ~~ ~-~ f.~~ f[ ~ '\I" '/"t N 'W+E S -- 1 1,5 2 2.5 ,Miles 00.26,5 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM To: Frederick County Board of Supervisors From: Eric R. Lawrence, AICP, Planning Director6~ Subject: Public Hearing: Amendment to Section 165-63C Regarding Open Space Requirements in the RP (Residential Performance) District Date: April 12, 2005 Staff has been approached by Greenway Engineering to consider clarifications or reductions in the required open space in larger residential mixed-use projects. After discussions with Greeenway to better understand their concern, an ordinance proposal was drafted that achieved their goals while providing additional recreational amenities to the future residents of the project. This proposal has been reviewed and discussed by both the Planning Commission and the Board of Supervisors. At the Board's January 26, 2005 meeting, the Board directed staff to schedule this proposed amendment for consideration during the public hearing process. The Planning Commission held a public hearing on this item at their meeting of April 6, 2005. A concern was raised about the potential for this amendment to increase management and operational costs for the homeowners associations that will be responsible for maintaining the amenities provided in open spaces. However, the Commission supported the amendment because of the flexibility it would provide the development community in designing open space areas. There were no public comments. The Planning Commission unanimously recommended approval of the adoption of the proposed amendment. (Commissioner Watt was absent from the meeting.) This item has been scheduled as a public hearing item for the Board. The proposed ordinance is attached. Ordinance Amendment History The Frederick County Development Review and Regulations Subcommittee (DRRS) at its meeting on September 23,2004, discussed revisions to the Open Space requirements within the RP (Residential Performance) District. The forwarded amendment would provide an opportunity for the property owner/land design team to reduce the required open space by 50 percent, if significant recreational amenities are provided for a development project. The gross density requirements required by Section 165-62 and 62.1 of the Frederick County Zoning Ordinance will not change as a result of this proposed ordinance amendment. 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Page 2 Frederick Co. Board of Supervisors Re: Ordinance Amendment - Open Space Requirements Apri112, 2005 The Planning Commission discussed this amendment at its meeting of October 6, 2004 and was in favor of the amendment as presented. This proposed ordinance amendment was presented to the Board of Supervisors as a discussion item on October 12,2004. After extensive discussions, the Board directed that a work session be arranged to continue this review and discussion of the proposed amendment. During a Board of Supervisors work session on December 8, 2004, the proposed open space concept received favorable support, although a nwnber of issues warranted further research and discussion. The Board reviewed the proposed ordinance on January 26, 2005; directed staff to advertise for public hearing. Recent Ordinance Amendment Revisions In response to the concerns raised during the Board of Supervisors discussions, the draft ordinance has been revised. The revisions include: The addition of a required Board of Supervisors action to implement the reduced open space. As drafted, the Planning Commission would review and forward a recommendation to the Board of Supervisors regarding the open space waiver request. This open space reduction would be shown on the master development plan; Establishment of open space quality criteria to be considered with the waiver request; Establish a maximwn reduction of the required open space. For single family detached units (excluding single family small lots), the maximwn reduction would be 50 percent. For all other residential housing types, the maximwn reduction would be 25 percent; and, Increase the recreational unit multiplier from three units to four recreational units per each 30 dwelling units. The current value of a recreational unit is $25,000, as determined by the Department of Parks and Recreation. This figure is revisited annually to reflect inflation. Attached is the: (1) proposed ordinance [dated January 13, 2005]; (2) existing ordinance language [Section 165-63]; and (3) scenarios of application of the proposed ordinance amendment. Staff will be available to respond to your questions. ERL/rsa Attachments Revised January 13, 2005 OPEN SPACE TEXT AMENDMENT -Proposal- . JL 165-63 Open Space Requirements 165-63D The minimum required open space percentages provided in Section 165-63A of this Chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the required open space (per Section 165-63A) be reduced more than 50 percent for single family detached housing types (excluding single family small lot), and no more than 25 percent for all other residential housing types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space, and be for the use of and maintained by the subject development's Property Owner's Association. The active recreational area and amenity value shall be equivalent to the value of four recreational units for each 30 dwelling units. The active recreational area and amenity value and design shall be approved by the Subdivision Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the recreational facilities identified in Section 165-64. The gross density requirements as required in Section 165-62 & 62.1 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided. 144-2 & 165-156 Definitions COMMON OPEN SPACE - Land that is used for recreational purposes, environmental resource protection, buffer areas, stormwater management areas and passive areas that are dedicated to the residents of a development for use and maintenance, and is protected to ensure that it remains in suchuses, unless utilized under the provisions of Section 165-63A of this Chapter. S 165-62 FREDERICK COUNTY CODE S 165-63 S 165-62. Gross density. [Amended 5-11-1994] A gross density shall be established for each proposed development. including all land contained within a single master development plan, according to the cha-racteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density of any development within an approved master development plan exceed 10 dwellings per acre. C. In no case shall the gross density of any development within an approved master development plan which contains more than 10 acres and less than 100 acres exceed 5.5 dwellings per acre. D. In no case shall the gross density of any development within an approved master development plan which contains more than 100 acres exceed four dwellings per acre. S 165-62.1. Multifamily housing. [Added 5-11-1994] A. Developments that are less than 25 acres in size may include more than 50% multifamily housing types. B. Developments that are more than 25 acres and less than 50 acres in size shall be permitted to contain up to 50% multifamily housing types. C. Developments that are over 50 acres in size shall be permitted to contain up to 40% multifamily housing types. C UR.R.E.r-1\ l:)~:O"JANC.E. -. S 165-63. Open space requirements. A. [Amended 6-8-1994] A minimum percentage of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. Such open space shall be dedicated to a property owners association or to 16582 12-15-2004 S 165-63 ZONING S 165-63 Frederick County. Open space shall be dedicated to Frederick County only with the approval of the Board of Supervisors. The Planning Commission may allow public libraries and public schools to be located within areas designated as common open space, provided that the proposed facilities are indicated on the original master development plan for the residential development. During the review of the master development plan, the Planning Commission shall ensure that the location of a proposed public library or public school is appropriate and that adequate buffers, screening and access are provided to prevent negative impacts to adjoining residential uses. Public libraries and public schools shall be dedicated to Frederick County. Developments which contain any of the following housing types shall provide open space as specified below: Type of Development Developments containing only single-family detached traditional or traditional rural housing Minimum Required Open Space (percent) o (Cont'd on page 16583) 16582.1 12-15-2004 3165-63 ZONING 3 165-63 Type of Development Developments containing only single-family detached urban housing Developments in which no less than 60% of the dwellings are single-family detached traditional housing mixed with any other housing types Developments containing only single-family detached cluster or a mixture of single-family detached cluster and urban housing Single-family small lot housing [Added 10-27-1999] All other developments Minimum Required Open Space (percent) 15% 15% 25% 30% 30% B. No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, wetlands or steep slopes. The Administrator, upon recommendation by the Planning Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan to make these areas useful. C. In developments containing only single-family detached urban housing or single-family detached urban housing mixed with single-family detached traditional housing, the required open space may be waived. The open space requirement shall only be waived when the required open space is less than one acre. Such waivers shall be granted by the Administrator, upon recommendation by the Planning Commission. Such waiver shall not include open space provided to meet environmental requirements. ~ Abb ~ I ~S" - " ~ D 16583 12-15-99 Scenarios January 27,2005 ADDlication of ProDosed ODen SDace Amendment A property owner has the ability to determine if he/she desires to develop the subject property with the required minimum amount of open space or under the provisions of the proposed text amendment. The following scenarios describe how the current requirements and proposed text amendment would be applied if this option was selected by the property owner. Scenario 1 100 Acre Site - All SiUl!le Familv Dwellines - 12.000 SQ.ft. Lots Current Requirement: The property owner could develop 85 acres (which includes roads) and place 15 acres in common open space (which includes environmental areas, buffer areas and stormwater management areas). Generally speaking, the property would yield 2.3 units per acre (or 195 residential lots) unless there were topographic constraints that further reduced density yield. There would not be an active recreational areas and amenities requirement. ;.. Overall gross density 1.95 units/acres Proposed Requirement: The property owner could reduce the 15 acres of common open space by 5 Q._ percent, to 7 Yz acres. This acreage could then be developed into residential lots (which includes roads), which provides for additional density yield and requires the property owner to provide for active recreational areas and amenities. Assuming that the property owner reduced the open space to 7 Yz acres, the property owner could develop 92 Yz acres (which includes roads). Assuming the same 2.3 unit-per-acre yield, the property would yield 212 residential lots. This would then require the following value to be provided for active recreational areas and amenities: . 212 10ts/30 = 7.1 . 7.1 x 4 = 28.4 recreational units . 28.4 x $25,000.00 (one recreational unit value) = $ 710,000.00 . Total Active Recreational Area and Amenity Value = $ 710,000.00 In this scenario, the property owner would yield 17 additional residential lots and would need to provide for a $ 710,000.00 value of Active Recreational Area and Amenity within all of, or a portion of, the 7 1/2 acres of common open space. Approximately $3,500 per residential unit. ;.. Overall gross density 2.13 units/acres Scenario 2 200 Acre Site - Mixed Residential Use Current Requirement: The property owner could develop 140 acres (which includes roads and parking lot areas) and place 60 acres in common open space (which includes environmental areas, buffer areas, recreational areas and stormwater management areas). A reasonable mixed residential project could incorporate the following residential mix: 60 acres Single Family Dwellings = 138 units 20 acres Townhomes = 110 units 20 acres Duplex = 88 units 30 acres Apartmems= 220 units Total Units = 556 ;.. Overall gross density 2.78 units/acres This proposal would require the property owner to provide 1 recreational unit for every 30 dwelling units that are on lot sizes of5,000 square feet or less (existing Section 165-64 Recreation Facilities) ; therefore, this would include the townhome, duplex and apartment units (418 total units). This would then require the following value to be provided for active recreational areas and amenities: . 4181ots/30 = 13.9 recreational units -. 13.9 recreational units x $25,000 (one recreational unit vallle)= $347,500.00 . Total Active Recreational Area and Amenity Value = $347,500.00 Proposed Requirement: The property owner could reduce the 60 acres of common open space and develop this acreage into residential lots (which includes roads and parking lot areas), which provides for additional density yield and requires the property owner to provide for a greater value of active recreational areas and amenities. Assuming that the property owner reduced the open space to 45 acres, the property owner could develop 155 acres (which includes roads and parking lot areas). This additional acreage could then be incorporated into the residential land bays identified above to create the following residential mix: 70 acres Single Family Dwellings == 161 units 30 acres Townhomes = 164 units 25 acres Duplex == 110 units 30 acres Apartments = 220 units Total Units = 655 ;.. Overall gross density 3.3 units/acres This proposal would require the property owner to provide the value of 4 recreational units for every 30 dwellings for the entire project regardless oflot size. This would then require the following value to be provided for active recreational areas and amenities: . 655 lots/30 == 21.8 . 21.8 x 4 = 87.2 recreational units . 87.2 recreational units x $25,000 (one recreational unit value) = $2,180,000.00 . Total Active Recreational Area and Amenity Value == $2,180,000.00 In addition, the development would continue to be required to provide the Recreation Facilities per existing Section 165-64. Townhomes = 164 units Duplex == 110 units Apartments == 220 units Total Units == 494 lots less than 5,000 square feet . 49410ts/30 == 16.5 recreational units . 16.5 recreational units x $25,000 (one recreational unit value) == $412,500.00 . Total Active Recreational Area and Amenity Value == $412,500.00 In this scenario, the property owner would yield 99 additional mixed residential units and would need to provide for a $2,592,500.00 value of Active Recreational Area and Amenity within all of, or a portion of, the 45 acres of common open space. This increases the cost of the recreational amenities by $2,245,000.00 over the current requirement. Approximately $4,000 per residential unit. Scenario 3 50 Acre Site - Mixed Residential Use Current Requirement: The property owner could develop 35 acres (which includes roads and parking lot areas) and place 15 acres in common open space (which includes environmental areas, buffer areas, recreational areas and stormwater management areas). A reasonable mixed residential mixed yield could incorporate the following residential mix: 25 acres Single Family Dwellings = 58 units 10 acres Townhomes = 55 units Total Units = 113 This proposal would require the property owner to provide 1 recreational unit for every 30 dwellings units that are on lot sizes of 5,000 square feet or less (existing Section 165-64 Recreation Facilities); therefore, this would include the townhouses. This would then require the following value to be provided for active recreational areas and amenities: . 55 10ts/30 = 1.8 recreational units . 1.8 recreational units x $25,000 (one recreational unit value) = $45,000.00 . Total Active Recreational Area and Amenity Value = $45,000.00 )> Overall gross density 2.26 units/acres Proposed Requirement: The property owner could reduce the 15 acres of common open space by 25 percent and develop this acreage into residential lots (which includes roads and parking lot areas), which provides for additional density yield and requires the property owner to provide for a greater value of active recreational areas and amenities. Assuming that the property owner reduced the open space to 11 Yt acres, the property owner could develop 38 % acres (which includes roads and parking lot areas). This additional acreage could then be incorporated into the residential land bays identified above to create the following residential mix: 26.6 acres Single Family Dwellings = 68 units 12.18 acres Townhomes = 67 units Total Units = 135 )> Overall gross density 2.74 units/acres This proposal would require the property owner to provide the value of 4 recreational units for every 30 dwellings for the entire project regardless oflot size. This would then require the following value to be provided for active recreational areas and amenities: . 135 lots/30 = 4.5 . 4.5 x 4 = 18 recreational units . 18 recreational units x $25,000 (one recreational unit value) = $450,000.00 . Total Active Recreational Area and Amenity Value = $450,000.00 In addition, the development would continue to be required to provide the Recreation Facilities per existing Section 165-64. Townhomes = 67 units Total Units = 67 67 lots less than 5,000 square feet . 67 lots/30 = 2.2 recreational units . 2.2 recreational units x $25,000 (one recreational unit value) = $55,000.00 . Total Active Recreational Area and Amenity Value = $55,000.00 In this scenario, the property owner would yield 22 additional mixed residential units and would need to provide for a $505,000.00 value of Active Recreational Area and Amenity within all of, or a portion of, the 11 ~ acres of common open space. This increases the cost of the recreational amenities by $460,000.00 over the current requirement, yet provides the developer 22 additional lots. Approximately $3, 700 per residential unit. Scenario 4 50 Acre Site - Single Familv Small Lots Current Requirement: The property owner could develop 35 acres (which includes roads and parking lot areas) and place 15 acres in common open space (which includes environmental areas, buffer areas, recreational areas and stormwater management areas). A reasonable residential mixed yield could incorporate the following residential mix: 25 acres Single Family Dwellings = 58 units 10 acres Townhomes = 55 units Total Units = 113 This proposal would require the property owner to provide 1 recreational unit for every 30 dwellings units that are on lot sizes of5,000 square feet or less (existing Section 165-64 Recreation Facilities); therefore, this would include the townhouses. This would then require the following value to be provided for active recreational areas and amenities: . 55 lots/30 = 1.8 recreational units . 1.8 recreational units x $25,000 (one recreational unit value) = $45,000.00 . Total Active Recreational Area and Amenity Value = $45,000.00 ~ Overall gross density 2.26 units/acres Proposed Requirement: The property owner could reduce the 15 acres of common open space by 25 percent and develop this acreage into residential lots (which includes roads and parking lot areas), which provides for additional density yield and requires the property owner to provide for a greater value of active recreational areas and amenities. Assuming that the property owner reduced the open space to 11 If.I acres, the property owner could develop 38 % acres (which includes roads and parking lot areas). This additional acreage could then be incorporated into the residential land bays identified above to create the following residential mix: 26.6 acres Single Family Dwellings = 68 units 12.18 acres Townhomes = 67 units Total Units = 135 );> Overall gross density 2.74 units/acres This proposal would require the property owner to provide the value of 4 recreational units for every 30 dwellings for the entire project regardless oflot size. This would then require the following value to be provided for active recreational areas and amenities: . 135 lots/30 = 4.5 . 4.5 x 4 = 18 recreational units . 18 recreational units x $25,000 (one recreational unit value) = $450,000.00 . Total Active Recreational Area and Amenity Value = $450,000.00 In addition, the development would continue to be required to provide the Recreation Facilities per existing Section 165-64. Townhomes = 67 units Total Units = 67 67 lots less than 5,000 square feet . 67 lots/30 = 2.2 recreational units . 2.2 recreational units x $25,000 (one recreational unit value) = $55,000.00 . Total Active Recreational Area and Amenity Value = $55,000.00 In this scenario, the property owner would yield 22 additional mixed residential units and would need to provide for a $505,000.00 value of Active Recreational Area and Amenity within all of, or a portion of, the 11 ~ acres of common open space. This increases the cost of the recreational amenities by $460,000.00 over the current requirement, yet provides the developer 22 additional lots. Approximately $3,700 per residential unit. AMENDMENT Action: PLANNING COMMISSION: April 6, 2005 - Recommended Approval BOARD OF SUPERVISORS: April 261 2005 o APPROVED o DEN lED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165, ZONING WHEREAS, An ordinance to amend Chapter 165, Zoning, Article VI, RP Residential Performance District, Section 165-63, Open Space Requirements, establishing an open space reduction waiver in thoRP (Residential Performance) Zoning DistricL This amendment w<<J;s,:,':, considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, The Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on September 23,2004; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on April 6, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April 26, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article VI, RP Residential Performance District, Section 165-63, Open Space Requirements, is amended to add Section 165-63D to include an open space reduction waiver in the RP (Residential Performance) Zoning District, as well as an open space definition to Section 165-156. This amendment is amended as described on the attachmenL PDRes, #18-05 This ordinance shall be in effect on the day of adoption. Passed this 26th day of April 2005 by the following recorded vote: Richard C. Shickle, Chairman Barbara E. Van Osten Lynda J. Tyler Gary W. Dove Gina A. Forrester Bill M. Ewing Gene E. Fisher A COPY ATTEST John R. Riley, Jr. Xrederic~ c:?~!Y., A-.dministrator PDRes. # 18.05 MASTER DEVELOPMENT PLAN #06-05 MEADOWS EDGE (Formerly the Racy Tract) Staff Report for the Board of Supervisors Prepared: April 19, 2005 Staff Contact: Candice E. Perkins - Planner II l ~ m - ~W!UJJn fU.:"U U l..,;~ ~= This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed 04/06/05 04/26/05 Action Recommended Approval Pending LOCATION: This property is located east of Interstate 81, 0.5 miles south of Fairfax Pike (Route 277), east of Town Run Lane (Route 1012), adjacent to the existing Woodside Estates and Ridgefield Subdivisions. MAGISTERIAL DISTRICT: Opequon . PROPERTY ID NUMBER: 85-A-140 - PROPERTY ZONING & PRESENT USE: Zoned: RP( Residential Performance) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Zoning: RP (Residential Performance) Use: Residential (Single Family) South: Zoning: RA (Rural Areas) Use: Agricultural Residential (Single Family) East: Zoning: RP (Residential Performance) Use: Residential (Single Family) West: Zoning: RA (Rural Areas) RP (Residential Performance) Use: Public Facilities (Lagoons) Residential (Townhouses) PROPOSED USE: 228 Single Family Detached Cluster Dwelling Units MDP #06-05, Meadows Edge April 19, 2005 Page 2 REVIEW EVALUATIONS: Virl!:inia Devartment of Transvortation: The preliminary master development plan for this property appears to have a measurable impact on Route 1012, Town Run Lane, the VDOT facility which would provide access to the property. We have the following comments: Sheet 1: The Urban Roads Section references Hawthorne Drive, but yet I cannot find a road named this on the remaining sheets. It appears your typical sections are not the appropriate width according to the Subdivision Street Design Standards. Please find attached Table 1 which provides the appropriate widths according to the projected traffic volumes. Sheet 2: Please show the future collector road that will be south of your development and provide how the future intersection will be designed as to where it ties into Ewing Drive. Please bring the Ewing Drive intersection with Town Run Lane in at a 90 degree intersection. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the LT.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Cul-de-sacs must be a minimum of 90 feet with no on-stre~t. parking. Fire hydrants shall be identified on the subdivision plans to reflect Frederick County Code 90-4. Within 400 feet of all units in a single family residential subdivision, fire hydrants shall be set within three feet of the curb. Please try to avoid locating fire hydrants at the end of . > cul-de-sacs and/or provide a fire hydrant at the intersections to the cul-de-sacs. Plan approval recommended. Frederick County Public Works: See letter dated February 15,2005 Frederick County Sanitation Authority: ] st review - approved as noted. Frederick County Insvections Deuartment: No comment required at this time. Shall comment at the subdivision review. Frederick-Winchester Service Authority: No comments. Geoe:rauhic Information Systems (GIS): The following road names to the Meadows Edge Final MDP have been approved: Garden Gate Drive, Waterfall Way, Dollie Mae Lane, Ewing Lane, Eleven Moons Place, Falling Mountain Place, Littlewing Way, Nightbird Way, Driftwood Drive (extension), Branch Court (extension), Dragonfly Way, Marys Wind Court. Frederick County - Winchester Health Deuartment: Development must be served by public water and sewer. MDP #06-05, Meadows Edge Aprit 19,2005 Page 3 Winchester Ree:ional Airport: The Master Plan has been reviewed and it appears that it should not impede operations at the Winchester Regional Airport. The proposed site does lie within the airport's air space; however, it falls outside of the airport's Part 77 close in surfaces. Frederick County Department of Parks and Recreation: The monetary proffer for Parks and Recreation appears to be appropriate to offset the impact the residents of this development will have on the services provided by this department. The 26.5 acres offered the county would appear to provide an outstanding area for the development of a community park to serve this urban development area. Plan appears to meet open space requirements. Bicycle trail to be provided should be a minimum of 10' in width and meet VDOT standards. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 228 single family houses in 3 phases will yield 39 high school students, 32 middle school students, and 89 elementary school students for a total of 160 new students upon buildout. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature in this area, like Southern Hills project, coupled with the number of approved, undeveloped residential lots in the area and other projects in this area will necessitate a future construction site for the purpose of a new school facility to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Town of Stephens City: The Town has agreed to provide an access easement across its old lagoon site for the Meadows Edge development and find that the developer has adequately addressed concerns about traffic generated from the new subdivision.. Planninl! & Zoninl!:: A) Master De\'elopment Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location This property is located east ofInterstate 81, 0.5 miles south of Fairfax Pike (Route 277), east of Town Run Lane (Route 1012). The Woodside Estates and the Ridgefield subdivisions are located adjacent to this property. MDP #06-05, Meadows Edge April 19, 2005 Page 4 C) Site History The original Frederick County zOlllng map (US.G.S. Stephens City Quadrangle) identifies the subject property as being zoned A-2 (Agricultural General). The A-I (Agricultural Limited) and A-2 Districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-I and A-2 zoned land to the RA District. Also of historical importance, the Frederick County Board of Supervisors denied a request to incorporate approximately 26 acres of the subject property into the UDA (Urban Development Area) on February 12, 2003. On July 7, 2004 the 105.65 acre portion of the approximately 132 site was rezoned from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers. D) Intended Use 228 Single Family Detached Cluster Dwelling Units (minimum 8,000 square feet individual lot area with an average of 10,000 square feet) E) Site Suitability & Proiect Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy 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. [Comprehensive Policy Plan, p. 1-1J Land Use Compatibility: The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. (Comprehensive Policy Plan, p. 6-1, 6-2) The 105 acre portion of the property contained in this Master Development Plan is not part of a small area land use plan, but is entirely within the UDA. Environment: The majority of the acreage of the property is located on a gently sloping open field without any major environmental features that would limit development. A minimal amount of wetlands exist on the property 2.44 acres). The disturbance of wetlands is only permitted in accordance with the requirements of the Unites States Army Corps of Engineers or other qualified state or federal agency. [Frederick County Zoning MDP #06-05, Meadows Edge April 19, 2005 Page 5 Ordinance, S 165-31.B.(3]. The old Stephens City sewage treatment lagoon is proposed to be removed with the development of the Meadows Edge Subdivision. The removal of this lagoon is necessary to accommodate the major collector road proposed to access the property. The Commonwealth of Virginia has approved a plan to remove this lagoon which includes the removal of water by pumping, removal of residual solids and incorporating them into soils adjacent to the site, and reclaiming land by filling and property compacting so the site will have structural integrity for future building construction. Soils: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. It is noted that the Weikert-Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. A couple of small pockets of Carbo and Clearbrook soils also exist on the property. The Meadow's Edge Subdivision is located within the Martinsburg Shale geographic region. Transportation: The Impact Analysis Statement from the Racey Tract rezoning projects a total generation of 2,213 trips per day for the development. Based on the 2000 Virginia Department of Transportation Daily Traffic Volumes, Jurisdiction Report 34, Fairfax Pike (Route 277) currently has an estimated 1] ,000 average annual daily trips. This projected traffic generation represents an increase of 20% from this 2000 estimate. According to the traffic impact analysis, the level of service for intersections along the Fairfax Pike Corridor currently range from "A" to "F". The poorest conditions are located at the Fairfax Pike (Route 277) and Stickley Drive (Route I 085) intersection, which currently ranges from level of service "E" to "F". Poor conditions (lower than "C") also exist at the northbound signal of the Fairfax Pike (Route 277) and Interstate 81 Northbound Ramp; at the southbound signal of the Fairfax Pike (Route 277) and Interstate 81 Southbound Ramp; and at the northbound and southbound signal of the Fairfax Pike (Route277) and Town Run Lane (Route 1012) intersection. However, both of the Northbound and Southbound 1-81 intersections are currently functioning at an overall level of service "C" or above. The TIA concludes that the improvements proposed with the Meadow's Edge development (Racey Tract) will actually improve the level of service at key intersections by decreasing the overall system delays by as much as 94%, while only increasing overall traffic demand by approximately 3%, based on 2007 projections. MDP #06-05, Meadows Edge April 19, 2005 Page 6 Proffer Statement The following list is a summary ofthe proffered conditions associated with Rezoning #03-04 (The Racy Tract) rezoning application: . Assurance that there will be no more than 228 single-family dwelling units and that these dwelling units shall be designed as single-family detached cluster housing types (minimum 8,000 square foot lots, average 10,000 square foot lots). . Construction of a road from Town Run Lane through the Town of Stephens City parcel to the subject properties western boundary. This road shall consist of two lanes, but graded for a possible four lane undivided collector road. The construction of these two travel lanes will be constructed prior to any connections being made to Driftwood Drive and Branch Court from the Meadows Edge development. . Right-of-way shall be dedicated along the southern boundary of the subject parcel for a possible collector road if requested by Frederick County or VDOT. . The 26.5 acres located outside of the UDA shall be available to Frederick County for any use deemed necessary by the Board of Supervisors. . The extension of Stickley Drive shall be constructed prior to the issuance of any building permits. Town Run Lane along the Town of Stephens City parcel shall be paved with bituminous concrete and guardrails shall be installed. . Prior to the issuance of any building permits, the planned improvements at the intersection of Fairfax Pike and Stickley Drive shall be constructed. This includes additional lanes and a new traffic light. If these improvements are constructed prior to the development of the Racey Tract, a $200,000ca:?hcontribution shall be made by the applicant to be used for other road improvements to Fairfax Pike. . The westbound right turu lane at the Fairfax Pike and Town Run Lane intersection shall be re-striped to provide a shared thru right lane. . Prior to the connection with Branch Court and Driftwood Drive, the applicant shall upgrade tbe intersection of Fairfax Pike and Double Church Road. These improvements shall consist of a modified traffic light and additional lanes. . No construction traffic shall access Branch Court or Driftwood Drive. . Upgrades to Branch Court, Driftwood Drive, and Trunk Drive shall be made if determined appropriate by VDOT after a core sample study of the roads is completed. . Traffic calming measures shall be constructed at the connection points at Driftwood Drive and Branch Court. $40,000 in additional funds for other traffic calming measures shall be made available for a period of three years. . A community pool, bathhouse, tennis court, and sports court shall be bonded and constructed by the applicant prior to the 150th building permit. Neighboring communities shall have the opportunity to use these facilities. The applicant will provide a bond in an amount adequate to construct the tennis court and sports court to provide assurance that if the project does not exceed the 149th building pertuit, the funds to construct these two sports courts will be available. MDP #06-05, Meadows Edge April 19, 2005 Page 7 · A 1.3 acre central green space with an additional 50' wide pedestrian linkage area shall be provided. · A minimum of a 40' wide open space area shall be provided around the perimeter of the proposed development which adjoins the Woodside, Ridgefield, and Stephens Ridge communities. In addition, a wooded area shall be protected adjacent to the Stephens Ridge community. No structures shall be permitted within these open space area. · A 200' no build buffer with an 800' long landscape buffer shall be provided along the southern property line. As with the other open space/buffer areas, no structures are permitted. · A five foot wide sidewalk shall be constructed along the east side of Town Run Lane on the Town of Stephens City property. · A ten foot wide hard surfaced bike trail shall be provided from Town Run Lane along the proposed access road to connect with the sidewalks within the proposed development. · A statement shall be provided on future covenants and the General Development Plan which notifies future residents that agricultural uses exist to the south and that wastewater treatment facilities existed or exist to the southwest of the site. · Phasing for the development shall limit the number of houses for the first two years to 75 and 78 in the final year of development. · The more restrictive reql.lireI11en.ts of.,frederick County, the Yirginia Erosion and Sediment Control HandtOoK,'and the Virginia Stormwater Management Hap.dbook shall be implemen!ed. No wet ponds shall be used on the site. .. The. abandoned sanitation Iagoon1 6wn.edby tl1eT()wn of Stephens City, shall be dosed in accordance to the'a:pprcived closure plan (see Appendix BI for additional procedures). ST AFF CONCLUSIONS FOR THE 04/06/05 PLANNING COMMISSION MEETING: This master development plan (MDP) application is for 228 single-family detached cluster houses (minimum 8,000 square feet lots average 10,000) in the RP (Residential Performance) Zoning District. This Master Development Plan appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The master development plan is also in accordance with the proffers of the rezoning and has addressed all staff's concerns. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF THE 04/06/05 MEETING: Commission members were concerned about whether or not the access issues had been resolved with the Young and Scothorn families, who were adjoining property owners. The applicant replied that they had met on several occasions with the Youngs and Scothorns and they are pursuing a satisfactory resolution for both parties; however, the issues have not yet been completely resolved. The applicant was encouraged to resolve the access issue before the Board of Supervisors' review. Commission members also inquired if provisions had been made to accommodate a possible east-west road corridor through the MDP #06-05, Meadows Edge April 19, 2005 Page 8 property and the applicant pointed out that right-of-way provisions have been made through the southern portion of the property, to be served by an appropriate entrance. In addition, Commissioners asked about phasing and when connections to the adjoining subdivisions would be made; they were concerned about cut-through construction traffic after the connections were made. The applicant assured the Commission that connections to Woodside I and Woodside II will not take place until the completion of the intersection improvements at Double Church Road and Fairfax Pike, which is due to take place at the end of Phase II. The applicant noted that their proffers prohibit construction vehicles using the entrances of adjoining subdivisions; the residents of adjoining subdivisions had been made aware that if cut-through construction traffic occurs, they are to call either him or the County offices. Mrs. Jane Young, representing both the Youngs and the Scothorns, was available to speak about the access issue. The Youngs and Scothoms were requesting both a private, farm-use road, for farm machinery and equipment, and a state-maintained egress/ingress off of the cul-de-sac. They believed both accesses were necessary. In addition, one section of the farm use road showed a 10-10.5% elevation and they were concerned there may be difficulty traversing that area during winter. Also, a resident of Woodside Estates II was concerned about drainage issues and flooding on her property. The applicant was aware of the problems and planned to redirect the drainage during grading work, so that it will flow back into their own storm sewer system. The Planning Commission believed the MDP met the requirements of the zoning ordinance and was also in accordance with the proffers submitted at rezoning. Members were pleased with the detail provided with the plan and believed the applicant had satisfactorily addressed the impacts of the development. The Planning Commission unanimously recommended approval of the MDP. (Note: Commissioner Watt was absent from the meeting.) I I I I I I I I I I I I I I I I 0.. " ~ / 'it / \PI ""oJ!)' ~~ 1~ ,h<.!> 'f'-i. ....-.......... I ex::. I ""y) ~ '\. \1., --- o ~ ~ , 4. 1.0 , o I..C) 0 , ....,.. 0 ......... 0.1 c.!)---",~ o (1) ~ 0"> O-~ ~(/) ~ 16 (1) ~ , \ a ~ 1 \ i . . 0 ~ ~ t ~ . . , .. .. < i -- o .q- ~ <( LC), OLC) 0 I 00 g. "'- o (1) #0) 0.-"'0 OW 2(/) ~ -g Q) 2 Cii ell U- o g o ILl N o z.~ ~ ~ ~ L ~ ~ ~ 1 3 ~ din 6 !... . . . i ~ ~ ~ I. ! .~~.i~ ~ ~ HH1:~~) ~ ~<~~&~ \ i . o ~ q . Mtii COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 February 15, 2005 Ilr~ !E ~ !E u liW'<1 IUU: MAR 1 4 I L___.___u..__ F;::~lDL~n!C( CO!.);\!TY L~,__..E1:!.~ :'~~",!_J.:.L~':_.~:"_:;:~:_\T :..~~r:.~t- = !\j-r "ii-r?~:-;:;--! litl I? 'c-, \ \:.1 L:::l 1']11 _._--~ I if.1 I.. ,., ~ ' . ~ ! ii: ~ ! ~j /1,. - iLJ, I I , _-1 Mr. Christopher J. Lupia, P.E. Christopher consultants 45940 Horseshoe Drive, Suite 102 .;: -I' h \1' ., -">0166 ..,ter mo' lrgmla _ RE: Meadows Edge (Formerly Racey Tract) Master Development Plan Frederick County, Virginia Dear Mr. Lupia: We have completed our review of the proposed master development plan for the Meadows Edge subdivision and offer the following comments: I) Sheet I of6, Note 5: The actual flood plain limits should bebased on site specific detailed calculations rather than general Federal Emergency Management Agency studies. 2) Sheet] of 6, Note 6: This note indicates that the wetlands information is based on Frederick County digital information. However, based on our site inspection, it appears that a detailed wetlands delineation was performed in the field. This fact should be reflected in the notes. 3) Sheet I of6, Urban Road Section: This section is referenced to a typical cross section for Hawthorne Drive. This road name dOl::s not appear to bl:: germanl:: io this project. Also, the reference to the rural road section does not appear to be applicable to this project. 4) Sheet 3 of 6: Refer to the existing pond owned by the sanitation authority and designated as stormwater management. This facility is actually used as a sewage overflow holding pond and should be so designated. Prospective home buyers should be informed of this use prior to purchase. 5) Sheet 3 of6, Legend The legend symbol indicated for wetlands is not legible on the actual master development plan. It is suggested that a new legend symbol be adopted and applied to wetlands similar to the symbol used for disturbed wetlands. 107 North Kent Street. Winchester, Virginia 22601-5000 Meadows Edge Master Development Plan Comments Page 2 February 15, 2005 6) Sheet 6 of6, Note #27: This brief synopsis is an excellent portrayal of the proposed requirements for controlling stormwater discharge to or through off-site subdivisions. These requirements shall be carefully implemented in designing on site stormwater management facilities as well as off-site conveyance channels and/or piping, In some cases, it may be necessary to design on site facilities to control the I GO-year storm or greater because of off-site limiting features. Also, additional stormwater facilities beyond those reflected on the master development plan may be required to prevent off~site drainage problems. I can be reached at 540-722-8214 if you should have any questions regarding the above comments, Sincerely, * ~.~ HaN~ ...w,nyd", lL, P .E. Dir:c~~;Jtblic Works HES/rls cc: Planning and Development file A :\meadowscd gelnd pc om. wpd Frederick County, Vir2inia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. 3)-1/0:1 Application # a,-oS' Date application received Complete. Date of acceptance. Incomplete. Date of return. 1. Project Title: Meadows Edge 2. Owner's Name: Centex Homes, A Nevada General Partnership (Please list the names of all owners or parties in interest) 3. Applicant: Address: Phone Number: Centex Homes, A Nevada General Partnership c/o Bryan Condie 3684 Centerview Drive, Suite 100, Chantilly, VA 20151 703-934-2600 4. Design Company: Address: Phone Number: Contact Name: christopher consultants, ltd. 45940 Horseshoe Drive, Suite 100 Sterling, VA 20166 703-444-3707 Brian Nolan Page 11 Iro).r-.. ~ (G _~ ~ .Wl,....... !::~-\I IIrd ~ 1~ Ui MAR 1 4 2'YC L_____ F?~c)ERiCK CC(?\TY L_,-E.!J':J~i_::'ciJ.t!l3 6'. D ~~l L C P l0 E NT Frederick County, Vir2inia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN s. Location of Property: Stephens City, east of Interstate 81, 0.5 miles south ofRt. 277 (Fairfax Pike), east ofRt. 1012 (Town Run La.), south on Rt. 1065 (Ridgefield Ave.) to Ewings Lane. 6. 7. Total Acreage: 132.1 Property Information: a) Property Identification Number (PIN): b) Current Zoning: C) Present Use: d) Proposed Uses: 85 A 140 RPIRA Vacant Single-Family Detached e) Adjoining Property Information: North South East West Property Identification Numbers See attached sheet Property Uses Magisterial District: Opequon 8. Is this an original or amended Master Development Plan? Original ~ Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: ~1'~ (I '0";- . Page 12 Adjoining Property Owners Name and Property Identification Number Use Smith, David & Linda W. Pro e # 86 E 1 18 Residential Stevenson, James E. & Tammy R. Pro ert # 86 E 1 19 Residential Schultz, Scott & Rebecca Pro e # 86 E 1 20 Residential Hudson, Freddie E & Carole F. Pro ert # 86 E 1 21 Residential Baker, Christopher W. & Carole Pro ert # 86 E 1 22 Residential Weber, Steven A. & Tracy B. Pro ert # 86 E 1 23 Residential Laporete, Timothy J. & Karen S. Pro e # 86 E 1 24 Residential Dobersztyn, David M. & Dawn M. Pro e # 86 E 1 25 Residential Dreyer, Mark R. & Susan L. Pro e # 86 E 1 26 Residential Ford, Albert D. & Mary D. Pro ert # 86 E 1 27 Residential Dean, Timothy A. Sr., & Christi R. Pro ert # 86 E 1 28 Residential Kidd, James C. & Ingrid K. Pro e # 86 E 2 2 13 Residential Malik, Jared & Naeema Propert # 86 E 2 2 14 Residential Ragaller, Timothy A. & Diane M. Pro ert # 86 E 2 2 15 Residential Schneider, Paul C. & Jennifer G. Pro ert # 86 E 2 2 16 Residential Cooley, Bryan K. & Sharon L. Pro e # 86 E 2 2 17 Residential Corbit, Steven & Kathryn Pro ert # 86 E 2 2 18 Residential Marks, Alfred H. Jr. & Julia G. Pro ert # 86 E 2 2 19 Residential Duke, Patricia Kelly Pro e # 86 E 2 2 20 Residential Skeith, Joe David & Sheila K. Pro ert # 86 E 2 2 21 Residential Mitchell, Jent P. III & F. Anne B. Pro ert # 86 E 2 2 22 Smiy, Kenneth P. Pro e # 86 E 2 2 23 Patton, Dale E. & Diane A. Pro e # 86 E 2 2 24 Philibin, Gary L. & Stacey D. Pro e # 86 E 2 2 25 Smith, Paul A. & Jackson, Mildred Jan Pro e # 86 E 2 2 26 Rodgers, Ronald E. & Ellan S. Pro e # 86 E 2 2 27 Berlowitz, Morris & Helene Pro ert # 86 E 2 2 28 Shickle, Lester G. & Jeanette C. Pro ert # 86 E 2 2 29 Sybert, Ronald E. & Nancy M. Pro ert # 86 E 2 2 30 Disque, Dale W. & Dayle P. Pro ert # 86 E 2 2 31 Burch, Patricia A. Pro e # 86 E 2 2 32 Mohan, Robert & Mary Beth Pro e # 86 E 2 2 33 Dirnagl, Alfred & Christine Pro ert # 86 E 2 2 34 MacGregor, Gregory T. & Pamela D. Pro ert # 86 E 2 2 35 Phillips, William R. II Pro ert # 85 B 1 17 Dursey, Walter H. Jr. Pro e # 85 B 1 18 Sharon M. LaRoche Living Trust Pro e # 85 B 1 19 Campbell, Kurt A. & Jammie M. Pro e # 85 B 1 20 Swain, Rachel C. Pro ert # 85 B 1 21 Dixon, Anthony C. Pro ert # 85 B 1 22 Rose, Thomas B. II Pro e # 85 C 2 79 Deiter, Cynde Anne Jones Pro ert # 85 C 2 80 Pumphrey, Round W. Pro ert # 85 C 2 82 Soule, Chap R. Pro ert # 85 C 2 83 Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Lafollete, Kenneth M. Pro ert # 85 C 2 84 Linaburg, Mikkia Pro e # 85 C 1 2 92 Bennett, Brady L. & Christine L. Pro ert # 85 C 1 2 93 Murphy, John D. & Shirley M. Pro ert # 85 C 1 2 94 Brown, Mae M. Pro ert # 85 C 1 2 95 Payne, Robert A. Pro ert # 85 C 1 2 96 Artz, Harold A. Jr. & Bridget A. Pro e # 85 C 1 2 97 Shirley, David E. Pro ert # 85 C 1 2 98 Fiorvanti, Richard L. II Pro ert # 85 C 1 2 99 Livingood, Clara C. Pro ert # 85 C 1 2 1 00 Sandretzky, Ronald W. & Tammy M.w. Pro e # 85 C 1 2 101 Gary L. & Stephen P. Scothorn Pro ert # 85 A 139 Frederick - Winchester Pro e # 85 A 141 Gary L. & Linda O. Scothorn Pro ert # 85 A 139A James R. & Jane S. Young Pro ert # a85 A 139B Town of Stephens City Prope # 85 A 142 Ours, Rick Pro ert # 86 A 25 Painter, Herbert M. Pro ert # 86 A 21A Stephens Ridge Home Owners Assoc. Pro e # 85C 2 91A & 85C 2 69A Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential A ricultural Local Government Residential Residential Local Government A ricultural A ricultural Mar 11 05 10:25a eel loudoun 103 444-5230 p.2 Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick. Virgilia, lOT North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Q;NTEx f.lcM.E.i:;., Pc JVGV....t:>/~ f,F.J.'~RAL ?"'R:7J.1IZR.:1>#d' (Phone) 7Dl-to7Q-/fiJ.'d (Address) 3(.,BI.{ C6-j./Te~v,~ (J/Z. ..s.." 1e... ICO CHA.<Ji-, It.. VA .,:lo/SI the owner(s) of all those tracts or parcels ofland r'Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by lnstrument No. 5 8 to on Page 5' ;) Cl ,and is described as TIl.y. mAl' 5.S;:- Parcel: -1:s..-- Lot: 1'16 Block: _ Section: _ Subdivision: do hereby make, constitute and appoint: (Name) c....~r/~jQohe.r Cc",.s.u jTt:>....'T::. L-7V (Phone) 701- If<('-I- 3707 I (Addres>) 'i.s-9t./O !-/o/?S.c::.Hov De.. ..5<.;. i (: 100 STlFtIZ'''-rp(, 1/ A- ZOI(", (.; To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority r (we) would have if acting personally to file planning applications for my (our) above descnOed Property, including: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision G Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditit>ns except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) l)ave hereto set my (our) hand and seal this _ day of .2GO_, Signature(s)-r- /L--.J /.,.- DIV'Slc},t P/('(:'5; PlZI.//' &b p~ e_ State of Virginia, City/County of r O~lly . To-wit: l, , I -' PAGE 2/2 'IlCVD AT 3/11/2005 10:18:21 AM [Eastern Standard Time]' SVIl.:NVGS03/1' DNIS:9093, CSID:703 444 5230' DURATION (mm-ss):01-18 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665-5651 FAX: 540/665-6395 TO: Board of Supervisors Eric R. Lawrence, AICP, Planning Director {r FROM: SUBJECT: Extension of Water and Sewer Outside of Policy Boundaries Scothorn and Young Properties DATE: April 20, 2005 Supervisor Ewing has been approached to sponsor a request which would consider enabling two existing residences to have rights to the County's public water and sewer. Both residences are presently outside of both the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); therefore, current County policy would prohibit the residences from utilizing the public systems. These two residences are located immediately adjacent to the Racey Tract (a.k.a. Meadows Edge Subdivision), a recently approved rezoning and a pending master development plan. Access to the residenccsis via the new development. During the rezoning process for the adjacent Racey tract, these two residents voiced concern that their existing private health systems are older and connection to the public system would alleviate future environmental impacts associated with a failing system. Via the adoption of the attached resolution, staff would present the request to the Comprehensive Plans and Programs Subcommittee (CPPS), and process this Comprehensive Policy Plan ("Policy") exception. Please contact staff should you have any questions regarding this resolution. Thank you. Attachment 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 RESOLUTION Action: BOARD OF SUPERVISORS: April 26, 2005 D APPROVED D DENIED DIRECTING STAFF TO UNDERTAKE A STUDY CONSIDERING THE EXTENSION OF SEWER AND WATER SERVICE OUTSIDE OF THE UDA AND SWSA TO SERVE TWO EXISTING RESIDENCES (YOUNG AND SCOTHORN) WHEREAS, Two existing residences, on lots sized approximately 1 Y2 and 2 acres, are seeking the use of public sewer and water for their existing residences. The properties are located on the south side of Fairfax Pike (Route 277), west of Double Church Road (Route 641), immediately adjacent to the Racey Tract (a.k.a. Meadows Edge subdivision), and are identified by Property Identification Numbers 85-A-139A and 85-A-139B, in the Opequon Magisterial District; and, WHEREAS, The request for consideration of this extension of sewer and water service would only serve the two existing residences, two residences whose access is through the new Meadows Edge subdivision (a.k.a. Racey Tract); and, WHEREAS, This extension of service outside of the SWSA and UDA request was sponsored and presented to the Board of Supervisors by the Opequon Magisterial District Supervisor on April 26, 2005; and, . NOW, THEREli'ORE, BE IT ORDAINED that the Board of Supervisors directs the Planning Commission to study and return to the Board of Supervisors a recommendation regarding the extension of water and sewer service outside of the SWSA and the UDA for the two subject properties. Passed this 26th day of April 2005 by the following recorded vote: Richard C. Shickle, Chainnan Barbara E. Van Osten Lynda J. Tyler Gary W. Dove Gina A. Forrester Bill M. Ewing Gene E. Fisher A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PURes. #16-05 COUNTY of FREDERICK Department of Planning and Development 540/665.5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors Mark R. Cheran, Zoning and Subdivision Administrator #~__ FROM: RE: Buffer Distance Waiver Request - Old Massey Store DATE: April 21, 2005 The property is located in the northwestern quadrant at the intersection of North Frederick Pike (Route 522 N) and Burnt Church Road (Route 678), and is identified by Property Identification Number 42-A-81 in the Gainesboro Magisterial District. On behalf of David Hicks, owner of the Old Massey Store, Greenway Engineering is requesting a buffer distance waiver of Frederick County Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-3 7D( 1 )( a), Buffer and Screening Requirements, to allow for reduction of the distance requirements of the zoning district buffer requirements. This proposed waiver will not alter the office setback lines or change the proffer:ed illustrative. This proposed waiver is only from the buffer distance requirement of the zoning ordinance. . A copy of the letter from Greenway Engineering is attached, explaining the request. The Planning Commission at its April 20, 2005 meeting recommended approval. MRC/bhd Attachments 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 '" "'C> -' <r:c6' I- ",0 .... - ...-- ex:> .-1 <5 ~ c6' coW t--;::::. Ir <(W "- ~~ "- (/) is >= /JJ '" ~ <( :I: (/) ","" coO:: (/) <(-I >- ",0:: ....0:: << C> rr. w w C> ~ <( l!)Q)' OUC'I C-:::r Nsg- o.~ Q) ::t:l::OO >'-..... <(&CI) ::>:;,~ >CCm U) CO ~ "'0 o o o ~ ri -, "- 1iS~ :e <<::!5 ~~ W ~ -' "- (/) z: ",0 coO:: "" ",,:I: (/) "'w ....-' >- o D o It') a; CD LL It') N o z.., ~ ri -, Q ",'" "w ::!; <<"'i c6' "'0:: ....w So o -' u. C 0:: [2 So << 5 ;t~ '" <<~ ~IT1 z: 0:: ~ ~ 0:: m ~ ;; ~ -i ~ "6 .. ! g i i ,s.. u! ~ ~ ~ .t ~ If ~ 8 ~ $ Dill@] w W l- (/) ::> 0:: ...1- ...c> W <(!!2 ::> NO ....-' ::;E << :::; -' ::> Q Ij I .. ~ ? i .. .go.i ~:: C ::. ~ a III c1 i ~ <<~<j~<? .. i / ~Jjl. OJ~~..! III S~~jll I>'S~ l't~I>'/';,. I>' ;:;Q/IvS'O<i '.is' 42 " 71B UNDERWOOD, DELLEA E .---.. ...- co <( 0 0 ...... 1.0 (1) 0 (,) N c """ CO ---...- N -+-' o y) ~ 0 iil ::t:l:O U'l Ql .9 U- s..... >(1) (/) '" <(:::: >- C'\I S~ (1) U) U) 0 CO ~ "'C 0 z.~ ~ ;; ~ a ~ ~ ~ 1 :. ~ (,) .: 1 :!. ! . nd ~ o illto . . ~ ~ .. g' ; it g i 1i i r,,) ~ ~ () ~ i <<<<]~<( i GREENWAY ENGINEERING ~J U ".___.w,..~...". ,_."" if 151 Windy Hill lane Winchester. Virginia 22602 MAR , 8 2005 \ .-.J Founded in 1971 March 17,2005 Frederick County Planning Department Attn: Mark Cheran, Zoning Administrator 1 07 North Kent Street Winchester, VA 22601 RE: Buffer Distance Waiver Request - Old Massev Store Site Plan Dear Mark: The purpose of this letter is to request Planning Commission and Board of Supervisor consideration of a buffer distance waiver for tax map parcel 42-((A))-81, owned by David A. Hicks. As you know, the Board of Supervisors approved Rezoning Application #06-04 for the development of an office building on this parcel with associated proffers. In order to implement this plan, it will be necessary to obtain a buffer distance waiver as permitted in Section 165- 37D(1)(a) of the Frederick County Zoning Ordinance. Approval of the buffer distance waiver ",in allow for elements of the parking lot to be located within 10 feet of the adjoining James P. Flowers, Jr., parcels. This waiver will not alter the office building setback and will require alLele1pentsof a fulllandsc!lpedbuffer, including a six-foot wooden fence to be developed betweeiiilie Hicks and Flowers properties. Attached with the site plan is the applicable adjoining property owner consent information, which is a requirement for filing for this waiver. Mr. Hicks would like this waiver request to be scheduled concurrently for the April 20, 2005 Planning Commission and the April 27, 2005 Board of Supervisors meetings if possible. Mr. Hicks is aware that consideration by the Board of Supervisors on April 27th is conditioned upon a recommendation being forwarded by the Planning Commission at their April 20'" meeting. Please advise me if you have any questions regarding this request, or if you need any additional information. Thank you for your assistance regarding this matter. Sincerely, b,~ Evan Wyatt, AICP Greenway Engineering Cc: David Hicks Jim Flowers File #3865/EA W Engineers Surveyors Telephone 540-662-4185 FAX 540-722.9528 V\lWV\l.greenwayeng. co m OWNER CONSENT TO ADJOINING PROPERTY BUFFER DISTANCE WAIVER This document, made and dated March 17,2005, is for the purpose of providing consent and support to the request of David A. Hicks to obtain a buffer distance waiver as provided for in Section 165-37D(1)(a) of the Frederick County Zoning Ordinance on tax map parcel 42-((A))-81, which is zoned B-2, Business General District. Consent to the buffer distance waiver shall apply to adjoining tax map parcels 42-((A))-79 and 42-((A))- 80, which are zoned RA, Rural Areas District and owned by James P. Flowers, Jr., as evidence by deeds recorded in Frederick County, Virginia as Instrument Numbers 030018252 and 040017072. Consent to the buffer distance waiver is based on the following: );> The David Hicks office building will remain at least 50 feet from the adjoining property lines oftax map parcels 42-((A))-79 and 42-((A))-80. );> The required six-foot high fence and landscaping will be located on David Hicks property identified as tax map parcel 42-((A))-81, with the fence situated on the property line and the landscaping located on the opposite side of the fence from of tax map parcels 42-((A))-79 and 42-((A))-80. );> David Hicks will incur all costs associated with these improvements and all costs associated with legal recordation of this document. WITNESS the following signature and seal: Commonwealth of Virginia, City/County of ~ Q dJLAJ.~j() (' j) . To Wit: The foregoing instrument was acknowledged before me this j 8 ~ay of ~ ~ .--.- rr;... - . 20~ by --:J 14-n ~~ \.J" I-lawL/2..~ -r;2.. My Commission Expire~ ~~'LC9.~~ ...b Notary Public a.., J .::s I ~)' e::LHJ S I Greenway Engineering January 27, 2004 Revised July 8, 2004 Old Massey Store Rezoning OLD MASSEY STORE REZONING Tax Parcel 42-((A))-81 Gainesboro Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 0<]-01 for the rezoning of 0.85 acres from the RA, Rural Areas District to establish 0.85 acres of B2, Business General Distric.t, 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 applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by David A. Hicks and Linda W. Hicks being all of Tax Map Parcel 42-((A))-8l, and further described by Deed Instrument 030024908 recorded in the Frederick County Clerk of the Court Office on October 29, 2003. The applicant hereby proffers the following: A.) Land Use Restrictions The applicants hereby proffer to limit the land uses for the 0.85-acre parcel to the following: Land Use SIC General Business Offices Finance, Insurance & Real Estate Offices Legal Services Engineering, Architectural and Surveying Services Accounting, Auditing and Bookkeeping Services Management and Public Relations Services 81 871 872 874 File #3865/EA W Greenway Engineering January 27, 2004 Revised July 8, 2004 Old Massey Store Rezoning B.) Site Access The applicants hereby proffer to prohibit any connection to North Frederick Pike (Route 522 North) and to limit access on Burnt Church Road (Route 678) to one commercial entrance. c.) Structural Development 1. The applicants hereby proffer to limit the development on the 0.85-acre parcel to a maximum of 8,000 square feet of structural area. 2. The applicants hereby proffer to limit the structural height to thirty-five (35) feet from the first floor to the apex of the roof. 3. The applicants hereby proffer to utilize similar construction materials on all building walls including brick, vinyl or dryvit, and that the roof will be standing seam metal or dimensional single construction. 4. The applicants hereby proffer to develop the structure in substantial conformance with the perspective rendering entitled "Hick's Construction", prepared by Design Concepts and dated June 1, 2004. D.) Business Signs The applicants hereby proffer. to limit the number of freestanding business signs to one sign on the 0.85-acre parcel. The freestanding business signs is proffered to be of monument style construction and will not exceed twelve (12) feet in height. E.) Outdoor Storage The applicants hereby proffer to prohibit outdoor storage on the 0.85-acre parcel. F.) Monetary Contribution for Fire and Rescue Services The applicants hereby proffer to provide a cash payment of$l,OOO.OO to mitigate impacts to Fire and Rescue Services. The applicants will provide the cash payment to Treasurer of Frederick County, Virginia at the time of building permit issuance for the 0.85-acre parcel. G.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. File #3865/EA W 2 Greenway Engineering January 27, 2004 Revised July 8, 2004 Old Massey Store Rezoning Respectfully Submitted: r ~ By: 00 . ':) a, ' David A. Hicks ~&W~ {; 7 /J. ~J6 If J Dte ~ /1/,F. By: O~o-7~ Linda W. Hicks 1/:2 ~t'4 I ate Commonwealth of Virginia, ~~" ~ . Ci,~frvedfv1c...L.- To Wit: The foregoing instrument was acknowledged before me this~day of .July 202tby ])1Vid A tlicts I Li cd:L vJ.l1ids 0:::1: fO. Ihvid. A. i-IUs >/ Y11sJ241 C> Notary Public My Commission Expires Fe IoYl.tH:} 2Q, UY.;P, File #3865/EA W 3 \ ~~ () g .~ ~~ ~e..~ 4--''7 r:"i- ~~ 00 (,\0 u"<1 ..... rj)'il3 ~1 <:)1'" . ..... ~ COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665-5651 FAX: 540/665-6395 TO: Board of Supervisors FROM: Eric R. Lawrence, AICP, Planning Director r SUBJECT: Discussion- Rezoning and Master Development Plan Processes DATE: April 20, 2005 At the Board of Supervisors' meeting on April 13,2005, there was discussion regarding the possibility of combining the rezoning and master development plan review and approvals, when an application includes significant features within the proffer statement. Staff has reviewed the County's Ordinances and policies, and will be prepared to briefly address how the Board might consolidate their review and actions on these development reviews. 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 COUNTY of FREDERICK Board of Supervisors 540/665-5666 540/667-0370 fax Richard C. Shickle - Chairman Gary W. Dove - Vice Chairman Gainesboro District Gene E. Fisher Shawnee District MEMORANDUM Lynda J. Tyler Stonewall District Bill M. Ewing Opequon District Barbara E. Van Osten Back Creek District Gina A. Forrester Red Bud District TO: Frederick County Board of Supervisors FROM: Richard Shickle, Chairman, Board of Supervisors SUBJECT: Win-Fred MPO Liaison Report DATE: April 21, 2005 The Winchester-Frederick County Metropolitan Planning Organization (Win-Fred MPO) continues to develop a 2030 long-range transportation plan for the Winchester-Frederick County area. This 2030 Vision Plan, currently in a draft version, is a work in progress. The draft Vision Plan continues to be modified to identify the most appropriate long-range transportation network for the Winchester- Frederick County area. Ultimately, a 2030 Vision Plan will be adopted in September 2005 and forwarded to the Federal Highway Administration (FHWA) by their established October 1, 2005 deadline. It is foreseeable that the final Vision Plan will be presented to the Board of Supervisors for their adoption in August or September 2005 prior to the Win-Fred MPO's consideration. At such time, a resolution from the Board of Supervisors would be appropriate. Concerns have been voiced regarding how the local governoring bodies of Frederick County, the City of Winchester, and the Town of Stephens City might more actively participate in the development of this Vision Plan. Working through the MPO's staff, efforts will be implemented to incorporate each locality's concerns and suggestions. It is envisioned that the Board would be provided an opportunity to offer comments, and possibly consider resolutions, applicable to the significant milestones in the development of the 2030 Vision Plan. The Win-Fred MPO met on Wednesday, April 20, 2005, and considered the following items: I. Approved the FY2006 Unified Planning Work Program which leads the Win-Fred MPO's transportation planning efforts in the next fiscal year. The Win-Fred MPO staff will utilize the approved work program to seek the necessary funding grants. Copy Attached. 2. Considered the comments offered during a Citizen Information Meeting held April 14, 2005. 107 North Kent Street . Winchester, Virginia 22601 Page 2 Frederick County Board of Supervisors Re: Win-Fred MPO Liaison Report April 21, 2005 3. Modified the draft 2030 Vision Plan to reflect the following changes: a. Inclusion of an interchange on Route 37 at Jubal Early Drive extended; b. Inclusion of improvements associated with a Jubal Early Drivel Millwood Avenue flyover. These improvements would be adjacent to 1-81 Exit 313; c. Removal of a segment of Route 37, from Route 7 northwest to 1-81; Inclusion of an improved six-lane Route 7 roadway; and, d. Inclusion of the existing WMC interchange on Route 37. The Win-Fred MPO did not include an expanded or complete interchange, but supports maintaining the existing configuration which limits access to the East side of Route 37. As noted above, this draft Vision Plan is a work in progress with ultimate adoption targeted for September 2005. 4. Considered the drafted Top 5 Regional Priorities. The projects on the draft Vision Plan were prioritized by the members of the MFO Policy Committee and the MPO Technical Advisory Committee. The priorities were not adopted. Prioritizations are attached. 5. Considered the Constrained Long-Range Plan (CLRP). The CLRP, once adopted, will be the list of projects for which funding is sought. The CLRP would also be forwarded to VDOT for consideration during the state's Six-Year Transportation Improvement Plan (STIP). The recommended CLRP is attached. The CLRP was not adopted. Thank you. RS/ERL/rsa Attachments UNIFIED PLANNING WORK PROGRAM (UPWP) FOR THE WINCHESTER - FREDERICK COUNTY ("WIN-FRED") METROPOLITAN PLANNING ORGANIZATION (MPO) FY 2006 (July 1, 2005 - June 30, 2006) Adopted April 20, 2005 Preparation Statement Approved as final by the Win-Fred Metropolitan Planning Organization, April -,2005. Prepared on behalf of the Win-Fred Metropolitan Planning Organization by the Northern Shenandoah Valley Regional Commission staff through a cooperative process involving the City of Winchester, County of Fredrick, Town of Stephens City, Virginia Department of Transportation, Virginia Department of Rail and Public Transportation, Federal Highway Administration, and the Federal Transit Administration. The preparation of this program was financially aided through grants from the Federal Highway Administration, Federal Transit Administration, Virginia Department of Transportation and the Virginia Department of Rail and Public Transportation. Win-Fred MPO FY 2005-2006 UPWP NS)!:RC NORTHERN SHENANDOAH VAlLEY REGION.\lCOMMISSION Resolution Win-Fred MPO FY 2005-2006 UPWP 11 NS)l:RC NOllTIJfJU\I SHENANDOAH VALLEY I1JiG.IONAL COMMISSION TABLE OF CONTENTS FY 2006 UNIFIED PLANNING WORK PROGRAM WORK TASKS AND BUDGET/FUNDING INFORMATION Page No. Preparation Statement...................................................................................................................... i Resolution......................................................................................................................... .............. ii Table of Contents ........ ............ ...... .,. ......................... ..... ................................................ ........... ..... iii List of Figures ....... ....... ............ ........ ... ....................... ...................... ....... ... ........................... ......... iv INTRODUCTION............................................................................................................................1 WORK TASK l: Program Management & Administration...........................................................5 WORK TASK 2: Transportation Improvement Program (TIP) .....................................................7 WORK TASK 3: 2030 Regional Transportation Plan Development .............................................8 WORK TASK 4: Transportation District Feasibility Study...........................................................9 WORK TASK 5: Air Quality Planning ........................................................................................10 Win-Fred MPO FY 2005-2006 UPWP 111 NS~RC NOJmfEllN SHENANDOAHVALLEY REGIONAl COMMISSION LIST OF FIGURES Page No. Figure 1: Map of Winchester-Frederick County Urbanized Area and MPO Study Area 2 Figure 2: Win-Fred MPO - NSVRC Costs and Sources of Revenue ...................... 11 Figure 3: VDOT Attachment - Funding Input. .. ... . .. . .. ... ... ... . .. ... ... . . . ... ... . .. .. . .. . 12 Win-Fred MPO FY 2005-2006 UPWP IV NS)lRC NORTHERN SHENANDOAH VAlln' REGIONAl COMMISSION INTRODUCTION The Unified Planning Work Program (upWP) for transportation planning identifies all activities to be undertaken in the Win-Fred Metropolitan Planning Organization study area for Fiscal Year 2006 (July 1, 2005 - June 30, 2006). The UPWP provides a mechanism for the coordination of transportation planning activities in the region, and is required as a basis and condition for all federal funding assistance for transportation planning by the joint metropolitan planning regulations of the Federal Highway Administration (FHW A) and the Federal Transit Administration (FTA). The work tasks within this UPWP are reflective of issues and concerns originating from transportation agencies at the federal, state and local levels. The descriptions of the tasks to be accomplished and the budgets for these tasks are based on a best estimate of what can be accomplished within the confines of available federal, state and local resources. The Intermodal Surface Transportation Efficiency Act of 1991 created a number of planning requirements. In October 1993, the Federal Highway Administration (FHWA) and the Federal Transit Administration (FT A) issued final regulations regarding metropolitan planning. The Transportation Equity Act of the 21st Century (TEA-2l), which became law in June 1998, reaffirms the structure of the metropolitan planning process. Most of the modifications to the process are aimed at streamlining and strengthening the provisions included in lSTEA. The Win- Fred Metropolitan Planning Organization has developed this work program to address the [mal metropolitan planning regulations and the new requirements in TEA-21. Metropolitan Planning Area The Win-Fred MPO study area consists of the City of Winchester, the Town of Stephens City, the Urbanized Area of Frederick County, and the area of Frederick County projected to be urbanized by the year 2020. See Figure 1 for an illustration of the region. Based on the 2000 Census, the Win-Fred MPO Urbanized Area population was 53,559 and it encompasses a land area of approximately 33.14 sq. miles. Air Quality Consideration In 1997, the Environmental Protection Agency (EP A) made an amendment to the Clear Air Act's National Ambient Air Quality Standards (NAAQS). The amendment replaced the I-hour ozone standard with a more stringent 8-hour standard. Over the past several years the ozone levels taken at an air quality monitor in the Winchester-Frederick County area have exceeded the new 8-hour standard. In response to this issue, the City of Winchester and Frederick County have entered into an Early Action Compact with the U.S. Environmental Protection Agency to prepare and implement an Ozone Early Action Plan. The Early Action Plan will serve as the Northern Shenandoah Valley's official air quality improvement plan, with quantified emission-reduction measures. The Early Win-Fred MPO FY 2005-2006 UPWP 1 NS)!:RC NOJITHatN SHENANDOAHVAWiY REGIONAL COMMISSION FIGURE 1 Win-Fred MFO Adoption date: 4/16/2003 Win-red MPO OV81viaw N A Legend NRo.dway D Wir>-Fred MPO D Town/City/CD unty Bou cd. ry Source: US Census Bureau. Win-Fred MPO FY 2005-2006 UPWP 2 NSYRC NOR1llElUll SHENANDOAHVALLEY REGIONAL COMMISSION Action Plan will include all necessary elements of a comprehensive air quality plan, but will be tailored to local needs and driven by local decisions. The Winchester-Frederick County Economic Development Commission is currently serving as the lead organization for the implementation ofthe Early Action Plan. An Air Quality Improvement Task Force has also been created consisting of various government agencies, business, and environmental organizations to develop, coordinate, and implement the mitigation strategies contained in the Early Action Plan. Responsibilities for Transportation Planning The Win-Fred Metropolitan Planning Organization is the organization responsible for conducting the continuing, comprehensive, and coordinated (3-C) planning process for the Winchester- Frederick County Urbanized Area in accordance with requirements of Section 134 (Title 23 U.S.C.) of the Federal Highway Act of 1962, and Section 5303 of the Federal Transit Act. The Win-Fred MPO is the official Metropolitan Planning Organization for the urbanized area, designated by the Governor of Virginia, under Section 134 of the Federal Aid Highway Act, and the joint metropolitan planning regulations of FHW A and FT A. The policy making body of the Win-Fred MPO is the Policy Committee that consists of 8 voting members. These include 3 representatives from the City of Winchester, 3 representatives from Frederick County, 1 representative from the Town of Stephens City, and I representative from VDOT. Other agencies with non-voting membership on the Win-Fred MPO Policy Committee include the Virginia Department ofRaital!.g.:p~blic.TrfU1Spol"tation, Federal Highway Administration and Federal Transit Admiriistration. The Northern Shenandoah Valley Regional Commission (NSVRC) staffs the Win-Fred MPO. The staff, in conjunction with the MPO's member agencies, collect, analyze and evaluate demographic, land use, and transportation data to gain a better understanding of the transportation system requirements of the area. Special studies, research, and other work tasks requested by the MPO are the staffs responsibility as well. Consultant assistance will be sought when required by the staff to complete work tasks. For example, VHB, Inc. is currently serving as a consultant to assist the Win-Fred MPO in preparing its Long-Range Transportation Plan. Staff also prepares materials for use at the Policy and Technical Committee meetings as well as any existing sub-committee meetings. NSVRC staff will participate in all Win-Fred MPO meetings and provide required staff support and administration of the transportation planning program. In addition, staff members will represent the MPO at other meetings with federal, state, and local organizations. Win-Fred MPO FY 2005-2006 UPWP 3 NS)(RC NOIllllEKN SHENANDOAHVAl.l.!Y REGIONAl COMMISSION Total Proposed Funding by Federal Source for FY 2005 The primary funding source for transportation planning activities included in this work program are the FHW A Section 112 (PL), FTA Section 5303, and FHW A State Planning and Research (SPR). The proposed funding amounts (including state and local matching funds) for the Win- Fred MPO work program to be utilized by the NSVRC staff are shown in Figure 2. Win-Fred MPO FY 2005-2006 UPWP 4 NS)[RC NOKIllfKN SHENANDOAH VJ\l..LEY REGIONr\L COM.I4JSSION WORK TASK 1: Program Management & Administration Obiective and Description: This task includes ongoing activities that ensure proper management and operation of a continuing, comprehensive, and coordinated (3-C) planning process as described in the Memorandum of Understanding. The primary objectives of this task are as follows: Public Involvement Process (PIP): The encouragement of meaningful participation oflocal citizens in metropolitan transportation planning is one of the most important goals of the "3C" process and the Public Involvement Process. The Final Rule on Metropolitan Planning issued by U.S. DOT in October 1993 reemphasizes this goal by requiring that each MPO maintain: "... a proactive public involvement process that provides complete information, timely public notice, full public access to key decisions, and supports early and continuing involvement of the public in developing plans, TIPs..." Under this task, the Win-Fred MPO will continue to maintain a Public Involvement Process and monitor its effectiveness. The Public Involvement Process outlines the public outreach procedures to be followed by the MPO in developing and amending the Region's UPWP, Long- range Transportation Plan, Transportation Improvement Program (TIP) and other major studies. The PIP plan will also address Title VI and ADA issues as well. The Citizens Advisory Committee meets on a periodic basis to review and provide feedback to 0 _HO_ the Win-Fred MPO Technical and Policy Committees. The Citizens Advisory Committee will also conduct outreach activities such as public meetings;and forums, neighborhood and association meetings, and other means to seek inputotner from other agencies, organizations, and individuals interested in the transportation planning process, plans being prepared, or other transportation concerns. The MPO staff supports the work of the Citizens Advisory Committee. The concept of Environmental Justice has raised questions regarding equity and the inclusion of all individuals in the decision making process. The PIP will include procedures developed by the Win-Fred MPO to address environmental justice. Efforts will be made to better identify organizations and individuals not normally included in the transportation planning process on a continuing basis. This task will provide a continuing public involvement process that increases participation by community members in transportation plans, with a particular focus on improving participation by groups not previously involved in the transportation planning process. UPWP Preparation and Management: Implement the FY 2006 UPWP throughout the fiscal year and provide all required administrative functions including all accounting functions, personnel administration, office management, financial reporting, and contract administration. To meet the requirements of23 CFR Part 420 and 23 CFR Part 450, the Win-Fred MPO, in cooperation with the Virginia Department of Transportation and the Virginia Department of Rail and Public Transportation, is responsible for the development of a Unified Planning Work Win-Fred MPO FY 2005-2006 UPWP 5 NS~RC NORTHERN SHENANDOAH VAllEY JtEGIONAL COMMlSSrQN Program (upWP). The UPWP describes all regional transportation planning activities anticipated in the Win-Fred MPO study area for the following fiscal year that will utilize federal funding, including Title I Section 134 metropolitan planning funds, and Title III Section 8 metropolitan planning funds. The UPWP also identifies state and local matching dollars for these federal planning programs. This task provides for management of the FY 2006 UPWP including the following activities: . Maintain all required financial records and conduct annual independent audit . Hire and train staff . Maintain required files and records ofMPO activities (i.e. minutes, meeting notices, etc.) . Preparation of quarterly progress reports and invoices . Preparation of required legal notices and advertisements . Preparation of resolutions adopted by MPO . Preparation of required grant applications and execution of contracts If during FY 2006, an amendment to the UPWP is deemed necessary, due to changes in planning priorities and/or the inclusion of new planning projects, staff will identify and detail such amendments for consideration by the MPO. This task also provides for the development of the upcoming UPWP for FY 2006. The document will incorporate suggestions from federal funding agencies, state transportation agencies, transit operating agencies, local governments participating in Win-Fred MPO, and the public through the MPO's public involvement process. General Administration: Support the activities of the Win-Fred MPO through the preparation of reports, presentations, agendas, minutes and mailings for all Policy Board and Technical Committee meetings, as well as attendance at those meetings . Meeting arrangements for committees: Policy Committee - 3 rd Wednesday of Month, Technical Committee - 4th Tuesday of Month, Citizens Advisory Committee - 2nd Tuesday of Month . Preparation and transmittal of meeting packages . Transcribe and publish minutes . Prepare meeting agenda items . Staff attendance at meetings Provide on-going training and development of staff and Board/Committee members . Attend training seminars and conferences . Coordination meetings with state and federal agencies . Circulate training opportunities to committee members Products: MPO staff support, detailed records documenting activities of the MPO including minutes for all committee meetings, preparation and submission of required progress reports and invoices to all federal and state agencies, detailed financial records, and a well-trained and informed MPO staff, Policy Committee and Technical Committee members. Estimated Budget: $75,261 - NSVRC Staff Win-Fred MPO FY 2005-2006 UPWP 6 NS)tRC NORTHERN SHINANDOAH VAllEY REGIONAl. CQMM!SSJON WORK TASK 2: Transportation Improvement Program Obiective and Description: As required by federal planning regulations, the Transportation Improvement Program (TIP) for the Win-Fred MPO is a three-year program of highway, transit, bicycle, pedestrian, safety, and transportation enhancement projects receiving federal funds. State and locally funded projects are also included in the TIP for coordination purposes. The TIP is updated each year and must be approved by the MPO Policy Committee and the governor of Virginia. The TIP is required as a condition for all federal funding assistance for transportation improvements within the Win-Fred MPO study area. The general public and all other interested parties will be given an opportunity to review and comment on the proposed TIP as described under the Win-Fred MPO's adopted Public Involvement Plan. To facilitate public review, the TIP will be accessible electronically through the Internet and at public libraries, government offices, and upon request. This task provides for the development and maintenance of a regional Transportation Improvement Program for FY 2006-2008, as well as advanced preparation for FY 2007-2009. This task will require active support of all Win-Fred MPO committees and coordination with member agencies. Some of the major activities that will be undertaken as part of this task include preparation of the Win-Fred MPO Self-Certification Statement and activities to assure that the Statement is being followed, and the preparation of an annual listing ofprojects for which federal funds have been obligated in the previous year. A tentative schedule for the development ofthe FY 2006-2008 TIP is as follows: · March-April 2005 - Based on CTB approval of FY 2006 Six-Year Program, development of DRAFT FY 2006-2008 TIP for public review. · May-June 2005 - Refine DRAFT FY 2006-2008 TIP based on public comment and CTB approval of final FY 2006 Six- Year Program. · August 2005 - Final approval of FY 2006-2008 TIP by Win-Fred MPO Policy Board, and submittal to VDOT · September 2005 - Win-Fred MPO FY 2006-2008 TIP included in VDOT submittal ofFY 2006 Statewide Transportation Improvement Program (STIP) to FHW A/FT A for review. · October 2005 - Federal approval of FY 2006 STIP Products: Processing of requested amendments to the adopted FY 2005-2007 TIP; complete development of the FY 2006-2008 TIP; Annual Listing of Projects for FY 2005; and preliminary preparation ofFY 2007-2009 TIP. Estimated Budget: $15,875 - NSVRC Staff Win-Fred MPO FY 2005-2006 UPWP 7 NS)(RC N'OmmtN SKENANDOAHVAllEY REGIONAl COMMISSION WORK TASK 3: 2030 Regional Transportation Plan Development Obiective and Description: Federal law requires the Win-Fred MPO to prepare and adopt a Long Range Transportation Plan (LRTP) every five years, and that the Plan must have at least a 20- year horizon at the time of adoption. The Win-Fred MPO must develop and approve its first LRTP by October 1,2005. During FY 2004-2005, a significant portion of this process was completed which involved the preparation of data inputs for a transportation model and the development of the actual transportation model to be used to prepare projected traffic and future conditions. During FY 2005-2006, the tasks to complete the remaining part of the long-range transportation plan process are as follows: }> Approve 2030 Vision Plan }> Develop Financially Constrained 2030 Transportation Plan }> Public Involvement }> Develop GIS Project and Interactive Website }> Final 2030 Transportation Plan Document In addition to the above tasks, work to coordinate ITS planning activities within the MPO study area and coordinate rural transportation planning activities adjacent to the MPO study area will also be completed. Staff will also assist VDOT with freight planning activities as part of the VTRANS 2025 planning effort statewide. Products: 2030 Vision Plan Financially constrained 2030 Long-Range Transportation Plan Detailed documentation on public involvement Plan information on website Final 2030 Transportation Plan Document Estimated Budget: $81,432 - NSVRC Staff Win-Fred MPO FY 2005-2006 UPWP 8 NSYRC NOIITHERN SHENANOOAHVAllE\' REGIONAl COMM!SS!ON WORK TASK 4: Transportation District Feasibility Study Obiective and Description: This task is carried over from the FY 2004-2005 UPWP. The Win- Fred MPO Policy Committee authorized a study committee to analyze the feasibility of creating a transportation district or similar organization to facilitate the expansion of mass transportation services outside of the City of Winchester. The committee will be comprised of the following representatives: . 1 each from the City of Winchester, Frederick County and the Town of Stephens City (covering Town of Middletown as well) . 1 representative from Clarke County . 1 representative from the Virginia Department of Rail & Public Transportation . The City of Winchester Transit Marketing Director . The Program Manager from the Northern Shenandoah Valley Public Mobility Program The MPO staffwill support the work of the committee in conducting the feasibility study. Results of the study will be presented to the Policy Committee for review and action. MPO staff will also be available to provide support to Winchester Transit in the implementation of pilot bus. routes into Frederick County. These routes will be determined by agreement between the City of Winchester and Frederick County. Products: Draft feasibility study. Record of committee meetings held. Estimated Budget: $14,949 - NSVRC Staff (Includes $12,633 in FY 2005 carryover funds) Win-Fred MPO FY 2005-2006 UPWP 9 NS)[RC NomJERN SHENANDOAHV.wEY ~IONAl.COMMISSTON WORK TASK 5: Air Quality Planning Obiective and Description: The City of Winchester and Frederick County have entered into an Early Action Compact with the U.S. Environmental Protection Agency to prepare and implement an Ozone Early Action Plan. The Early Action Plan will serve as the Northern Shenandoah Valley's official air quality improvement plan, with quantified emission-reduction measures. Currently, the Winchester-Frederick County Economic Development Commission is serving as the lead organization for the implementation of the Early Action Plan. An Air Quality Improvement Task Force has also been created consisting of various government agencies, business, and environmental organizations to develop, coordinate, and implement the mitigation strategies contained in the Early Action Plan. The Northern Shenandoah Valley Regional Commission is also working on regional air quality issues through the Shenair Program which will incorporate scientific research and data collection activities to support air quality planning. This work task will provide support by the MPO staff to these air quality planning efforts. This will permit the MPO to participate in the activities of the Air Quality Improvement Task Force and the Shenair Program. In addition, the MPO will need to work closely with the Valley Commuter Assistance Program, the regional ridesharing agency, to coordinate projects to improve air quality in the MPO study area. This work task will also support activities of the MPO staff to coordinate with the adjacent West Virginia Eastern Panhandle MPO in their air quality improvement planning activities as well. Products: Detailed air quality data and research to support air quality planning efforts. Record of meetings held. 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""'" t/J c- .2 0- ~ "'0 c- O) e E o u ?t 0) 0) ~ .- e e o (,) ~ lo- > Draft Constrained Long Range Plan (CLRP) Management Team Recommendations Interstate Funds - $36,956.600 Recommendation: All segments ofI-81 that are in the Draft Vision Plan should be included in the CLRP for preliminary engineering (PE) only. Reasoning: Interstate funds can only be spent on Interstate projects and the amount available to the region is insufficient to complete virtually any meaningful segment of the 1-81 improvements that are in the Draft Vision Plan. It is more conducive to the corridor improvements as a whole to continue to keep them alive as a package by including them in our CLRP for PE. PrimarY Funds - $4.095.400 Recommendation: Allocate $214,000 to complete right of way acquisition for the Rt. 277 widening. Allocate remaining balance of $3,881,400 to PE for the Rt. 37 corridor roadway (excluding interchanges) segments. Reasoning: The Rt. 277 widening is in the VDOT 6 year program with nearly full funding for design and right of way, this $214,000 completes that phase of the project. The reasoning behind the Rt. 37 corridor PE is the same as the 1-81 projects above. Due to percentages needed to be able to justify PE, the interchanges themselves had to be left out of this portion with the focus being on preservation of the overall corridor. It is also vital to have PE completed so that the future right-of-way is better identified and be protected. SecondarY Funds - $10.839,557 Recommendation: $5,777,484 to Project 59 - Warrior Dr widening to 4 lanes from Rt 277 to Opequon Creek $5,062,073 to Project 48 - Sulphur Springs Rd US Route 17\50 to Greenwood Rd Widening and New roadway Reasoning: The Warrior Dr. widening to 4 lanes is essential to accommodate the anticipated growth / future traffic generation. While the entire length of Warrior Drive, from Route 277 to Route 522, will ultimately be a 4-lane roadway, it is anticipated that the segments of Warrior Dr north of the Opequon Creek would be constructed by the development community. Therefore, the segment of Warrior Dr south of the Opeqoun Creek would be a logical public project. Proj ect 48 offers an additional transportation network 'relief valve' for the development located along the Senseny Road corridor. This long plarmed for project would realign and relocate sections of Greenwood Rd to an intersection with Route 50. Urban Funds - $6.711,587 Recommendation: $3,100,000 to the completion of Weems Lane as shown in the VDOT 6 year program. $3,611,587 to projects 51 and 51a - to be dedicated to PE, Design and Right of Way for the Hope Drive Extension and the PapermiJI Rd Relocation Reasoning: Weems Lane is the only project other than Meadow Branch A venue listed in the current 6-yr program that is not scheduled to be completed by 20 II, The current 6-yr program identifies about $3.4M available for Weems Lane by the year 2011, so it makes sense to show completion of this project as a top priority. The remaining Urban funds are shown to go toward any incomplete aspects of the Hope Dr and PaperMill Rd projects if they are not otherwise completed with local public or private funds before 2011. Other $500,000 in Grant funds from FT A to be used for the construction of the new Winchester Transit Station L '--' L Final Vision Plan Legend -L -[1 -j t:: II Project Number" Ii:>- fr ~ L _ ~ i!P Infrastructure Removed r I~}.;..~ ~; g;t1Y' . Interchange Improvement 1 C y -::.--j j . Intersect,on Improvement ~ ~ . -t!. ...; >-'~J~_ I ~ -J. =:::::::adlmprov~enffi~WA' -j~ ~~ 6r; ~ \ = Committed PrOjects Iio..- .."') ~',tr~ \J j .2".00' f-)., ~ c:::J MPO Boundary I .. T I~ 6' ""'Ii -l.7' ~~Y;~ ~.~ 7-- ~~. \J ~ J :; W~ ~. J \.,! "'. /I-t> l... l.Y~1 ~ / ~ ( II J - . ~ ".", ~ ,L,::: F!f. efic : ,.::::j ~~ ~!},. I ) I!!..H..... J. J I ~ ~::\'-. 0.. ' ~ ~~'~~r ~7) (/Ix r:;,~lo.-;, I \ 1 ~ Ii r ?\~~~.. 37'5 9~~ ~ :t&~(" LY'-h / i "I fi, j~ /dX: II ( ~94 .....:i ~'" -t._\-- ;; rv-! ;.,. i ~ IJ,~ '/ '~ (, II .. If); :J .~ Y", .1 '0). . ~ '" .... 1-~/ar(cel.J- ./ ~ . 23 ~ '22:: J .....Rd .. ~ I ~ (' ...., .. ~ ~A ..,.~,., :'l<!' ""..,~~91,...."" ". 1,; ~ " - U . Chest' \ r~ 'Y{;m:;;~ ' ,z ~~ ~'-~.. ~,.,~~ D~ - - r'" ~, ~s; 1"rF.~1 ~)/ '., ~ '- ~ . 17J:'1 ,.".. , OJ ~ ), ;;:'''.y'' .! ;y,/, ". '" ------! <.. " C'd_~tj"d ~6...I~ ~~:" 91 ~1, 1 '1J,t'0- ~ 0--1 0 -) 1 '7X-37 . '9 i r t "~2 ) ~ <.,.. "" ~ O!.~I .Y. PJJr7 [ ~ \r I v' ~,' · ~1-t ^~ I JV' / V ~ '. · ~ ~ ~}/~ ~~'J 'j~' lY'. ~r4.~\ ~ ~ ~.; ~ 36 Ii. f/"'l. ~~/ -, ..., 6 ~.f! V r ' ~rt::, 7\(( ,,46, r J:.,oJJfJ: ~ 65 ~ \ J} ;; dJi h - r.t.:;;; ~ ,p4~'(:JS,'~.,;- "<P'\<"'''''Ad J 2 r/~IJJ. f/'IQ.L ~ -.. -'>~~ ~ fU/ ~".; J 1~50)~2 Z -,; ~o(l~( 'm ~'" ty. ~= ~ L.-3=l, ",.... If ;2 0). -"I)~~j U 7', Stephe r:i~(' , !lc\ ~ Ill.. -, / 5 Ii.;' "-" L~' "! vi Sf..... P; 2 9 1-' Ii 'Jl./ ;lS;;I ilL" r' ;, ~" .r{ l~ , 7 ~ ;!Ij~ ~q._~-<<~)~ "- ;7; ~;~~7'/~/-:"4 \l "~JI ~~ ~' r icl -,.... ~~~l~ ~ '. ~ OJ 11:.~:- "]2" J"~ .::~., 4,. tJ L... ced8f cree\!. IIIIIIJL.. 49 ')/; 7 \ "/ ~ . ~ 'I - ~ ~ -ff 7i-ft 'P ' /, , ~ .. t n,o tJ ~ ~ 1-)~~v!~~~~:;1~~V ~ r ~~'J .fi ~~~Z~l-;'~/- }~ ~(~. "(~lJ~~~~7'f7:? ~ ~ \ . Descnpllons of proJects. as ident,fled by project 1\' Y7 ../ '-... ~6-- ~I ~~ ~~ ~~ ~~ "'( numbers above, are shown In an attached table \... V , ~ ~ ~ II ~ ""'Il .: , ( r- ~ ~I N W{PE 0 Win-Fred MPO 2030 Transportation Plan IAIVQnu.u' HIUf en BrustJin. Inc. IW' T,...".,.....lMlII~.l~....... 2 Miles s Win-Fred MPO 2030 Transportation Plan Vision Plan Project Descriptions - Existing Roads Road Project MPO Aclopted Name 'D' Roadway Section Vision Plan Improvement Draft Vision Plan ,-8, 1 MP 305-307 Widenl-B1 51anlls 2 MP3D7-310 Widenl.S1 5 lanes 3 MP310.313 Wid'nj-a1 4+4 lanu 4 Battaile Drive Interchange on 1-81 with CD Roads conn"cting with Widen 1.81 to 4 lanes on Mainlne (2lanas per direction) with 2 lanes In Edts 310 and 313 each direction on separate collector-distributor (C-D) roads. North of EJtit. 313, transitions bacK to f>.\aMl cross section , , MP313-318 Widen 1-61 61an85 . MP 318-Zl21 Widenl-B1 6 lanes 7 MP321-3.23 Widenl-B1 6 lanes . Inlerchann. tflJ MP 307 'Route 217\ Relocate Ex/slinn tnterchanne to the soulh , . Inlerchanoe all MP 310 (Route 3751642) Construct Full Cloverleaf Interchanoe .....ith CoO foads , ,. Interchange@MP313 Improve to Directionallnterchanlle ./ 11 lnterCMl\O.e t'& MP 315 ImDtOve Inlerchano8 , 12 Interchange@ MP 317 Improve Interchange and add one-lane C-D roads 06tween Exit 317 and neW Extt31B , 13 Interchange@MP31B Construct Full Cloverleaf Interchange with CoD roads , US Route 11 '4 AMle Valley Road (Route 652) to Tevis Street Widen to 5-lane cross section , 15 ~artinsbUrg Pike Junction with Route 37 (mOdification of exlsllng New interchange between Existing Route 37, ('lew Route 37, and unctIon) MarlinsburQ Pike ./ ,. Martinsburc Pike - Route 37 Junction to I-B1 Widento6-lanecrosssection , 17 1-61 to West VirQinia Une Widen to 4-18ne cross section , Route 1715D ,. C. ers Vallev Road to Sulohur Sorinns Road Widen to 6-lane cross section , 19 Sui hur Sorinas Road to Relocated Route 522 Widen to ~lane cross section ./ 2. Reloellted Route 522 to 1-81 Widen to 6-1.loI\e ertlss sfoClion , 21 1-81 10 Apple Blossom Drive Jubal ~arly bridge over relocated Millwood AvenuelFrontage Road with ramp to ea Route 17/50. Realign Apple Blossom Drive 10 intersect with universi1vDriveattrafficsinnal , Route 5D 22 Amherst Street bfltween Keatino Drive & Route 37 Widen 10 ~lane cross section , 23 Route 50 Setween RI 37 and Poor House Road Wldent06-lanecrosssection , Route 37 24 lnterchanlJ8wlth US Route 11{South ofCiM Remove Interehanoe ./ " Interchange with Route 651 rShadv Elm Roal'f\ New Diamond Interchafloe , .. Inlerchamle with Cedar Creek Grade SlanallIed Both Ramos ./ 27 Conslrucl new diamond interchange with realignment of Merrimans Lane _ north side T into Jubal Early Drive. soulh side connect into Interchamle with Jubal Earlv Drive inlerchanae ./ 2. lnterct\anQ8 with US Route 50 Impruve Interc:\1anne , 2S Inlerchal\l'le with US Route 522 Imorovelnterchilnoe ./ ... Allow Medica! center 10 complete access improvements to western Interchange at Winchester MedIcal Center Dorlionoftheircamnus , Route2n 3. 1-81 to Route 641 Widen 10 S-Iane cross section ./ 31 Route 64110 White Oak Road {Route 636\ Widen to 5-lane cross .sectIon ./ 32 While Oak Road to US Route 522/US Route 340 Widen to4-lane cross,seclion ./ Cedar Creek Glilde (Route 622\ " Widen 10 4 lanes - Route 621 to Winchesler CL Widen to 4-18ne cross seetion ./ Route 522 34 lrrters6CtiQ.n with Tasl<.e.r Road Ins\aU1raff\csiDTIa\ , " Intersection with Macedonia Church Road Install traffic slQnal , " Relocate 10 soulh onnosite new school entranceNictorv Blvd Extension Intersection with Panermill Road , 31 Airport Road 10 US Route 17/50 Relocate US Route 52210 the east. Existing US Route 522 to be closed al northern end to serve local1rafflc onlv. ./ 3B Wvek straellD 0.2 miles north of Wincnester CL Widen 10 4-lane cross section ./ Route 641IDou!)le Church Road) " Frederick Co Line to Route 277 Upgrade exis11ng two-lane road , Route 642 'Tasker ROild' 4. US Route 522 10 Lakeside Drive Widen to 4 lane cross section , 41 lakeside Drive to FCSA Terminus Widen 10 4-lane cross section , Win-Fred MPO 2030 Transportation Plan Vision Plan Project Descriptions - Existing Roads Road Project MPO Adopted Nama 10. Roadway Section Vision Plan Improvement Draft Vision Plan Route 651 fShadv Elm Road\ 4' ADDie Vallev Road (Route 652) 10 Proposed Route 651 Extension Widen to 4 lane CfOSS section , Route 652 lADDie Vallev Roadl 43 US Route 11 to Middle Road Widen to 4-lane cross section , Featherbed Ln 44 5 Loudoun 51 to Pleasant Valley Rei Widento4-lane cross section ,,- Battall. Drive 45 New Pleasant Vallev Road Extension 10 Shawnee Drive Widen to 4-lan8 cross section , Shawnee Drive 46 Battaita Drive to US Route 11 Widen to 4-lane cross section , Greenwood Road tRoute 656) 47 Sensenv Road to Valley MUI Road Uoorade existing 2-lan8 cross section , Sulphur Sorinas Road 'Route 6551 48 US Route 17f50 10 Greenwood Road Uoorade existlnn 2-lane cross section , Weems Lane 4. Roosevelt Blvd 10 us Route" 1 Widen 10 5-lane cross section ,,- Papermm Road 5. I-B1 to Shawnee Drive Remove bridne overl.B1, , Hone Drive Extension " Valor Drive to Paoermill Road (3 Janes) Construct 3-18ne cross section as Dart of PaDermill Road relocation , Paoennill Road Relocation 51 Hope Drive 10 Pleasant Vallev Road (5 lanes) Construct 5-lane cross seelion as part of Papermill RoaCl relocation , Tevis Street Realignment 51 Bradford Clio Relocated Papermill Road/Hope Drive Extension Construcl 2-lane cross seclion as part of PapermJII Road relocation (2Ian8s) White Oak Road 62 US Route 522 10 Tasker Road Widen to 4-lane cross section , Old Charles Town Road " US Route 11 to New stephenson Village Boulevard Widenl03-lanecrossseelion , 54 New Steohensons Villaae Boulevard to Jordan Spnngs Road Imorove eXistina 2~lane road , Jordan Sannas Road " Old Charles Town Road 10 Woods Mill Road Jmnroveexistlnn2.lane road , Woods Mill ROle! 56 Jordan Sonnas Road to Route 7 Jmorove existlna 2~lane road ,,- Channina Drive 57 Sensenv Road to Vallev Mill Road Widen to 4.lane cross section ,,- Inverlee Way " Route 17/50 10 Senun Road Widen to 4-lane cross section ,,- WarriarDrive 5. Roule 277 to OpeQuon Creek Inorth of Roule 642) Widento4-lanecrossseellon ,,- Route 7 "A Clarke Coun;v line to 1-81 Widen to 6-lane cross section , Win-Fred MPO 2030 Transportation Plan Vision Plan Project Descriptions - New Roads Road Proj.ct MPO Adopted Nam. 10. RoadwavS.otlon Vi5icIn Plan ImprO'vemlli'nt Draft Vision Plan RlIllte37 Freewav 60 l-at G c.rossno\l\\fl ~c US Route 522 Construet4-lanelimitedaeeendividedhichwav .- 11 US Routl 522 10 Routes 17/50 Construcl4-lane limited acces&divldetlnillhwav .; " Rou!~s17/50IoRo\l\e7 COlIStrucl4-JilInelimijedaceeudlVidedhiohwav .; U RaJII 71.1 01 Blf'P :l1i ....v~ .. - . 'ir~ 1.l'AitD~ 1.' 1n ~.~8g lliilA a) . .. I~' ilt MP 318 to Route 37 (we.\! of indl.lstrlal parK} Construel4-laneJimitedaCGe&&dividednighwilIY .- .. Route37@WarnorDrive Construc1dlamond interchange .; .. Rout.37@:Rcute522 Con&truet diamond m1erchange .; 67 Route 37@ Route 17/50 Construct dIamond interchange .; .. Route 37 @ Sen~ny Road Construct diamond intllfchange .; .. Route37@Route7 Conlitructdiamondinterchilng, .; Warrior Drive 70 o ""uon Creek to Battaile Drive East ExtMded Conslruct4-laneerOS5$1Gtion .; 71 Battaile Dnve East Extended to E TlIvl& Street Con\ttllO;;t4-.(afl~clcM;seclicfl .; A1rnort Road E:rtanslon 72 US Route 522 to Warrior Drive Conlltruct2-lanecro&&stlction .; East Tevis strut E:rtension 73 Leaae Slvdto US Route 522. Conslruct4-1anecroustlclion .; R.locatioll of ParMIrmlll Road 74 Wes!ofUSRoule522 Reahlln2-lane road .; PI.asantValla" Extension .. Cedafmndelc Battaile Drwe Con&truc' "'-Iene crou liilGtion . uba. E&f\... Dl'Wa Ertanlllon 7t Existino Jubal Earj~to Route 37 Co!\Struct4-laneoroSB sectlofl .; Route 11-RolM 651 Connector n US Roule 11 to Route 65' ~):leJ'lsion Clln,truct2.iane Gros&Sectillr'l . Battaile DrIve Extension 7. Shawnee Drive tll Warrior Drive Consjruct4-lar'le crou section .; Brooka Rgad E:rtanslon " US Route 11 to Route 522 ConstruI;14-ianeemssaeetion .; Routa642 CTaakarRoadl fnanslon 80 Existino Route 642 10 US Route 11 Con!.trllc\4-\aneclotosserrtion .; " US Route 11 to Route 651 Extension Cllflstrur:rt4.laneGrou5eetilln .; Rollte 644 Exten.ion 82 US Route 522 to Lakeside Drive Con&trUGt2-lanecro&5SeCtiofl .; A lor Road /Routa &471 RuUenmellt 83 ReloGateinlerseGtionwilll Route 277 to the eist Construot2-ianearossseclion .; ShadY Elm Road IRouta .511 E:rtllllslon .. Exilio\inn ROllte 8S, to US Route 11 COllstrucl4-lanecrossUIGtI0/l .; .. US Route 1110 I-B1 Relocated 1~81 MP 3071nterchillllle Conslrucl4-lane Gross sectiOn . at )~'toWarriorDriveatRoule277 Construct4-lane crossseclion .; 87 Interchanoe COflnllction 10 US Route 11 via EastlWesl Connector Road UnsianaliZed intersection aceess Onto Route 651 EJdenslon .- Ea.ItIWu! Connector Road (south O'f Fairfu Straet .. US Route" to Route 651 Ext1!:T\lion Construct 2-lane cross section to conneGt US Route 1110 inlerchange with Route 651 Extension .; Maadow Branch AvenuI at EJdensiont()US Route 50 Construct4-laneorosssllction .; VI~orv Road 90 Air"ort Road tll US Route 522 near school and reali"ned Pa ermill RtI Conslruct4-laneeronsectllln .; Lleal Boullvard 91 Corn letion Pats\' Clifle BJvtl to Frontil~e Road Construct3.llIfle cross section .; Route 11!Rgllte 151 Ccnuctor (SOuth of Route 37) 82 US Rout. 11 to Route 641 Conslruet2-lane eroSS&ectlon .; StephansollS Village Boulavard Win-Fred MPO 2030 Transportation Plan Vision Plan Project Descriptions - New Roads Road Project MPO Adopted Nam. 10' RoadwavSaction VleJon Plan Imp/'C)vement CrolftVisionPlan .. 010 Charles Town Road to US Roule " COfllltmct4_lafle crasll section .; Willow Run Oriva at Jubal Early Drive to Cedar Creek GrillIe Contitf1JG!:4-lafltlcro&S&eclion , Routa 7-SenslIny Road Connector at Route 7 to SensenyRoad Construct4-lafle crossseetion .; StonawaU Industrial Pari< Connector ., lenolr Drive io Rouie 37 COflstruclone-lane, one-wavSB roadway .; '--' l.., l.., . Final Vision Plan Peak Hour Roadway Conditions )'). "-.1, / '-.. f I ~ --L -'11l"'- ,-=- t::: Legend II ~ tr~ l ~ ~~ - Local Streets-NoI Congested ~ 'II~ ~ I ~~ J; ;:6}8 - Vision Plan Projects - Not Congested ~ \ \ '1-} r l ) J -JI - New Congestion i -s.- ~ ~"-.tt~ (~'f I J "- - No-8uildCongestion Eliminated y ~ ~ N~ ~I .v? J ,(/ ~1r- / - -r:L. ~'" 'f- F!~d"r;Ck I I ---J J ...A. 7/4. ~ j , N ' /( ~.""o, J ~ ~ ~.....,~ t::- y F ~ . "./ 'Jrf' .~"-~ ~~'" ~~. f,~. r; ,<f'.~'~~ r{i{ r ..C?f/ ~ I '-~ ~ .. -<-(I lt~ / .,- p..A. ~ ,{ ,,-y; R., j' 0, -~.'" I"":\... ~ W;,:",.,lOO. 'IV' l- I h" " ~1l~ ID~."\ N -.;!jt!tIlIRtt Li' ~ '~, ~ .?j" I .:J,~~,,~rt.I\~'?:/I~'; ~r I ;;!1:'j'C ~ \ " ~V~~ 'I' ~ I d Ce<I"c'"'~" .....", MIP i' . ~~ I ~ ~0 t.., ry~;~~~4<' l~' ~ I r h . (" < i'.J) ~ ")~'U ~ J y..L.!" ~J ~ ~F ~" yW.J ~ 1 =:x J ( 'D wr -~'i};:, :-'j;~ ~~~ ~ ... II/V ,~ A ,k:~ 0i.... "~V / "-{\ r/ /;:fj 11~;;;;:J' , 1 rF/1H--' ,.,,, ~ /1 /J(~~~)1~~((~16\ ,fJ ~.-;; ",~.\tm ""R' '/ r-: UJI ". r--' ~ h <II '" ~ ,( 1 ~ t '( '-'~\, ~ ~.. !"{ I I.d I r- ~ ,..."" Y'k", I I-:V l "'1 , "" ~ j i ' ~c fJ.-r: k ,j rlnchestl tri- t--- 7 ~ ~ '<:t. ,p.~ ~ /r>'~l!:J _~ 8., ~41~ -I . ~l~ ' "~;;"~'J:-;-; ~ (~>>. / ~.J t- 1 L~ \1 I- ,'/"," j.j7~~">,+:.~~ I h- r- . ,~ ~. d 1. .:. .....' 'r, . Ih- ~G~. - ~ \ JJ ~'l/t ~~~ ]~: ~ > J~) r( ~ ~~" ~ ~~ ) ~V '" ~~"\K~ I?,' J W{PE 0 S Win-Fred MPO 2030 Transportation Plan ~IVQII4S5e Htuf en Bru.sd;n. Inc. IW'IT~."'~.~""" 2 Miles