WMC zoning issue put on hold, BZA allows VHS more time

WMC had the zoning definition drafted up on their behalf back in 1989.  The BZA is giving the VHS an extension to hopefully get it right.

Not sure how more fair and reasonable the BZA could be than that?

Bottom-line, the Wellness Center does have an advantage over private-tax paying businesses by being tax-free.  Then it was realized the Wellness Center was making quite a bit of money with a large advertising campaign that was having some adverse affects on local private health clubs.

The zoning code within the medical center zone states recreational facilities and private health clubs or sports-medicine clinics services cannot be marketed to the public at large.

The local health clubs cannot afford those type of high dollar advertisements that VHS pays for on the Wellness Center.  The private local clubs just cannot compete with VHS's advertising campaign, they just have too much money.

Then a 50-yr agreement reached on March 4, 2009 requires the Wellness Center to pay 1/3 of their real estate tax just as long as the wellness center is operating as part of the medical center under the zoning definition that was drafted up on behalf of WMC.

If they are allowed to advertise, then that makes the playing field even more unbalanced.


Information from August, 4th WincStar article:

The issue arose when Diem determined that the wellness center was violating the city zoning code by marketing its services to the public via a website, direct mailings, and advertisements in The Winchester Star.

Diem sent WMC a letter stating that its marketing efforts must cease because they violate terms set for buildings in the Medical Center zone. Private health clubs are allowed in the zone, but they cannot be marketed publicly.

The zone's definition - including the prohibition on public marketing - was written and submitted on WMC's behalf in 1989.

Butler and hospital officials and board members argued before the BZA that "personal services" best describes the use of the wellness center, a use that allows public marketing.

The BZA quickly rejected that argument, but did not vote to make the wellness center immediately cease its marketing campaigns. Instead, it gave WMC four months to seek an amendment to the zoning code that would enable the center to be marketed publicly.

 
Information from September 8th WincStar article:

The wellness center issue stems from a determination made in May by Vincent Diem, the city's zoning and inspections administrator, that the center was violating the zoning code by publicly marketing its services.

The city zoning ordinance states that recreational facilities and private health clubs or sports-medicine clinics are permitted in the Medical Center District. However, the ordinance includes a provision that the facilities cannot be "marketed to the public-at-large."

Ironically, the restriction was included in an amendment written on behalf of WMC in 1989, and passed by the City Council in 1990.

Between the Winchester Star on April 9th and NVDaily's April 17th of 2010 front page articles, the following information was obtained:

(NVDaily) - The center, which opened in September 2008, brought in $1.1 million in revenue in its first three months of operation, according to tax records.

(WincStar) - Just before the wellness and fitness center opened in September 2008, it had collected 3,200 applications for membership.

Kent said the goal was to reach 5,000 members in three years, but it has moved beyond that. “We hit that number in a year,” she said, noting that the center now has 5,800 members.

After reading quotes and statement from the Quad State Business Journal article back in May of 2006, it is safe to say that VHS’s projections were somewhat conservative:

In projections used for COPN (Certificate of Pubic Need) approval, Valley Health said it is looking at a membership of 4,000 persons, targeting the 35-to 80-age group, especially people who don't exercise, said Kent.

"I have met with owners of the local clubs, and some say we will take members away from them," said Kent. "But we are hoping to attract people who don't exercise. In most markets, commercial clubs did not go out of business; their memberships actually went up because of the increased awareness of fitness."

Valley Health is projecting the wellness center business will break even in its second year, and after the third year will throw off cash flow of almost $1.3 million. Funding the cost of the center from Valley Health internal resources means there is no requirement for debt service.

"If it [wellness center] is such a big money maker, others would have come into the market."

The results of the study needs to be decided by a referendum

The perception is that more folks who do no live in Winchester are much more in favor of the closure of Millwood Ave.

Should not the citizens of Winchester have more say?

Once the Gorove/Slade group finalizes their study, should not their findings/recommendations be decided by the citizens of Winchester via a referendum?

A referendum, is that not fair?

Is the yield sign in front of the Armory a major contributor to the accidents?

Supporters for the Millwood Ave closure have cited a safety concern due to the accidents that have occurred at the Y intersection in front of the Armory when Apple Blossom Drive merges with Millwood.

Some City folks have stated that the YIELD sign is the problem.

Yield signs exist to remind us that many accidents occur at intersections when drivers lose track of who-goes-when. Many experienced drivers will classify yield signs as the most ignored traffic sign.

Maybe a STOP sign will make motorists more aware by requiring them to stop.

Some City folks have said that yield sign in front of the Armory is located in the wrong place that Millwood should have the “right of way” and the yield sign should be erected over on the Apple Blossom Drive side with those drivers yielding to the motorists traveling from Millwood in front of SU’s OBT coming into the Y in front of the Armory.

Long-standing right-of-way laws are something we usually learn when we first learn to drive. At that point we practice correlating common sense with regulations: any vehicle to the right of yours has the right-of-way, unless you're on the bigger road.

When anyone researches, they will discover intersections with a yield sign in place will result in a higher rate of accidents.

Is not the YIELD sign a major contributor to those accidents at the Y intersection when Apple Blossom drive merges with Millwood?

Would a STOP sign help to calm the so called "raceway" and make it safer for SU students to cross?

Shouldn't Millwood Ave always have the right-of-way sense it’s always been the main corridor entrance of Winchester?

By keeping Millwood Ave open, that’s more of an aesthetically pleasing entrance into Winchester in front of SU's OBT than Jubal Early, is it not?

Should scenarios be tested before making a final decision on Millwood closure?

Should not an official test of a couple scenarios take place before a final decision is made?

Scenario #1 – replace the yield sign in front of the Armory with a stop sign which would give students an area to cross without constant moving traffic for a month. 
    
Scenario #2 – put up temporary barrier to close off traffic from coming onto the Millwood piece down below Bob’s Evans and record traffic flow for a month.  That would be without a right turn-lane being added behind TV3.  

There is a lot speculation that traffic congestion will increase with that stretch of Millwood being closed off.  Now with actual tests being conducted, then this would give City Council real time results of such scenarios to make a well informed decision.

The Millwood Avenue closure debate

Does anyone have any factual WPD data to support how many accidents have happened on this piece of roadway on Millwood between TV3 and OBT over the last 5yrs?

I can recall several at the Sheetz intersection beside the new SU business school but cannot recall piece of Millwood section that is in question of being a dangerous piece of road.

Really, is this not a final piece of the "deal of the century" that took place back in August of 1995 when the City sold the former Rouss Park (7.2446 acres) to SU for $1.5million at 0% interest on a 3yr note?

This is also at the time when the Park & Rec authority board lost their power and became an "advisory" board to City Council.

This should NOT be a land swap deal.  SU needs to pay "fair market value" for the piece of property that sits in front of OBT.

If a deal goes thru ...

SU will own ALL of that property expect the Beltone property which for some reason SU sold that to the present owners back in 1985 which was just before Dr. Davis came on board.

SU will own everything on the southern end of Jim Barnett Park expect the Tennis Courts and Ross Potts basketball courts.

It's been said that a deal was in the works and near completion of SU getting back that Beltone property (unconfirmed if a deal has been completed or not) and that is up to those individual owners on how they decide to wheel & deal on their own personal property.

The former Armory building ... actually Shenandoah University was 50/50 owner of this building already with the Commonwealth Of VA-Dept Military Affairs. So SU bought out VA-Dept Military Affairs half for $750,000.

But were you aware that the City of Winchester owned 50% of this building up until June of 2006 at which time the City of Winchester sold, well gave away their 50% stake to Shenandoah University for just one-dollar, $1.00?  To clarify, it was donated to SU. The $1.00 transaction fee freed the City of Winchester of any future liability from how it was understood.

Wonder why city officials back in 2006 did not at least get "fair market value" for the city’s 50% stake in the Armory building?

Wonder why city officials did not put the former Winchester Volunteer Rescue Squard building/property out on the open real estate market?

A couple of sources shared that OutBack and one of the major drug store chains were interested but the perception is that those tax base generating businesses were never considered.  Do not believe there was never any doubt that it was going to become part of SU's campus and home of the new business school.

Just more prime examples how the red carpet has been rolled by the City of Winchester for Shenandoah University.

As it's been stated previously, give and take, it's a 2-way street but the perception is that it's been 1-way for SU's entire stay in Winchester.

Back on July 25, 2008 … SU’s real-estate portfolio was as follows:

SU had 66.357 acres in the city with a tax assessed value of $62,272,700 and on-line records show that SU's total sum for those transactions was in the tune of $11,140,176.

As for Frederick County, SU owned 78.15 acres with a then tax assessed value of $4,473,000 million and records show that their out of pocket cash paid to obtain ownership was $710,020.

If this deal goes thru …

SU will get the official "entrance" that they have been seeking and everyone at SU will be happy.

The perception will be that "malfunction junction" just became a bigger problem of heavier traffic congestion as the citizens and motorists will become even more disgruntled with the outcome.  Will this perception become reality? 

Who will be responsible for paying to get this problem resolved of malfunction junction? 

How does the motorists and citizens benefit from this land swap deal?

To close, SU is here to stay and offers a lot of positives but again, they are collecting much prime time real estate that they need to pay at least "fair market value" vs. land swap deals and wholesale deals of City owned property.

SU’s economic impact study, really ... has anyone seen an impact study paid for by a university that is not going to cast a positive light?  How much more timely could that study been released, than several days before the public meeting with the MPO committee?

The citizens of Winchester need to voice their opinion come Monday evening.

The Pub stated back on 10/5/2009 that an SU impact study was coming

Reference this blog post:

Monday, October 5, 2009

Has the City of Winchester embraced Shenandoah University into our local community?

SU's local economic impact study released

To review the Executive Summary of the documented study, click on the following link:

http://www.su.edu//www/Shenandoah-Univ-Economic-Impact-Analysis.pdf 

The perception is that the president of TischlerBise, L. Carson Bise II should be somewhat familiar with SU and the local area as he received his MBA in Economics from Shenandoah University.

Other commonwealth university studies that might be of interest:

EMU's
http://www.emu.edu/ir/impact-study/economic/

JMU's
www.jmu.edu/instresrch/resrchstud/economic/EcoImp06.pdf

UVA's
http://www.virginia.edu/uvatoday/pdf/econ_impact_broc.pdf

Watch City Council Monthly Meetings "on-demand" via DotZot.net

There is new opportunity for the citizens of Winchester to keep more informed with the monthly City Council meetings being recorded and made available on-demand at the following website of www.DotZot.net.

A statement obtained from their website:

DotZot is a local online video network. We are serving the Winchester area by producing programming that engages the community. Our programming aim is to bring local businesses, events, and sports to you.

DotZot.net also is producing a Winchester Weekly spotlight which reminds you of the former Cable Talk show that Barry Lee did on Adelphia Cable Channel 6.

To watch the City Council meetings "on-demand", just click on the following link: www.DotZot.net and click on the Government tab at the top of the screen.

Google Apps, will it be the direction for ALL educational institutions to go?

Just wanted to share ... wonder if the local school systems are looking into Google Apps?  After reviewing what Google Apps has to offer, not sure how any educational institution cannot afford to not take advantage of the free service.

Build your 21st century school, starting today ...
Google Apps' advanced collaboration and communication tools make it easy to help your students acquire the skills that will help them soar, in their education and out in the world.  There's no hardware to maintain or software to install, no ads, and no cost for schools.
http://www.google.com/a/help/intl/en/edu/k12.html

10 reasons to choose Google Apps:
http://www.google.com/a/help/intl/en/edu/sell.html

Customer’s stories:
http://www.google.com/a/help/intl/en/edu/customers.html

Not sure if the Frederick County Public Schools and Winchester Public Schools are exploring the opportunity with Google Apps but the perception is that it will be most cost effective way to go for the future.

It was communicated to The Pub that Shenandoah University has taken advantage of Google Apps.

SU working on a deal to regain the Beltone Hearing Aid property?

The Pub was informed from a credible source last week that SU is working to make a deal to regain the Beltone Hearing Aid property at 1650 Apple Blossom Drive beside TV3-Winchester.

The current Beltone land was once in the real-estate portfolio for SU but for some reason, SU officials sold that land years ago (1985 timeframe) for $90,000 to the present Beltone owners.

The perception is that SU has a plan in place with the hopes for the closure of Millwood Ave and the hopes of sealing a deal to regain the property at 1650 Apple Blossom Drive.

Wonder what the plan is?  Seems logical for an ideal location for an official campus entrance to be constructed.  SU admins have made that known that they really have no official entrance to the campus.

If there is really a safety issue with students crossing the street, it seems like the Apple Blossom Drive section below Sheetz down toward the Beltone Hearing Aid area is the most dangerous vs. the Millwood Ave section in front of  OBT and TV3.

If SU gets the closure of Millwood Ave in front of OBT/TV3 and regains the Beltone Hearing Aid property, then if not mistaken, SU will own everything from vacant lot beside Bob Evan's up along Millwood on both side to the Beltone property and SU's new business school.

SU company sued after eatery closes

The Pub made a comment about this back on March 8th.

The former Jimmy's Steakhouse Restaurant ... is there another side to that story???

SU company sued after eatery closes
August 21, 2010
By Vic Bradshaw
The Winchester Star
    

WINCHESTER- A local restaurateur has filed a lawsuit seeking up to $1 million from a company owned by Shenandoah University, saying changes it made led to the demise of his long-standing family business.

George James Sempeles - who took over the restaurant his father founded at the site in 1964 and operated it as Jimmy's Steak and Seafood Grill - has sued Shenandoah Hotel Property LLC (SHP) for breach of contract.

The lawsuit was filed Thursday in Frederick County Circuit Court. It requests a jury trial.

The suit details an array of changes made at the hotel property at 1017 Millwood Pike (U.S. 50) that opened as a Holiday Inn and now is a Quality Inn. It claims those changes negatively affected Sempeles' business, which he closed on or about Feb. 24.

Follow this link to read the complete story ...
http://winchesterstar.com/articles/view/su_company_sued_after_eatery_closes

Discovery Musuem location in the Park debate

Does anyone remember a debate like this back in 2004 on the DM location in Jim Barnett Park?

I sure do not recall any such debate, wonder why or maybe I missed it?

What is a "park" and why was the DM location chosen in Jim Barnett Park?

Not showing any disrespect here, but just wanted to remind everyone that a "park" is:

1. An area of land set aside for public use, as:
a. A piece of land with few or no buildings within or adjoining a town, maintained for recreational and ornamental purposes.
b. A landscaped city square.
c. A large tract of rural land kept in its natural state and usually reserved for the enjoyment and recreation of visitors.

Is not Jim Barnett Park becoming more and more commercialized with more buildings while losing valuable green space?

Times have changed and the lease has expired, why not explore keeping the DM downtown to hopefully keep a draw of visitors on the walking mall to patronize those businesses.

After having dialog with two former Park-n-Rec board members, they basically had NO say in the deal as City Council and DM members worked it out.

Wonder why DM and the 2004 City Council members/Ed Daley were so gung ho about the Park?

Wonder if it will eventually have some connection with SU?

Wonder who will benefit the most with the DM in the Park?