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HomeMy WebLinkAboutFebruary 11, 2004 Regular Meeting 340 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, February 11, 2004, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Vice Chairman Barbara E. Van Osten, Gary W. Dove; Bill M. Ewing; Gina A. Forrester; W. Harrington Smith, Jr., and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Philip Roby, of the Amazing Grace Fellowship, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Smith led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised that he had no additional items to add to the agenda at this time. Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Van Osten, the agenda was approved as presented by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye CONSENT AGENDA - APPROVED Administrator Riley suggested the following tabs for approval under the Consent Agenda: 1. Road Resolution - Star Fort, Section IV B. - Tab J. Upon motion by Supervisor Smith, seconded by Supervisor Ewing, the Consent Agenda was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye BOARD OF SUPERVISORS COMMENTS Minute Book Number 29 Board of Supervisors Regular Meeting of 02111/04 341 Supervisor Tyler expressed concern regarding the possible elimination of Litter Control Grant funding in the General Assembly budget. She advised that Senator Potts is trying to get this funding re-appropriated and urged those concerned to contact the General Assembly. Supervisor Van Osten commended the Planning Staff for their hard work in putting together the retreat. She stated that she benefitted a great deal from it. MINUTES-APPROVED Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the minutes of the January 28,2004 meeting were approved as amended by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye COUNTY OFFICIALS EXECUTIVE DIRECTOR OF OUR HEAL TH. DAVID ZIEGLER. TO ADDRESS THE BOARD RE: REPORT ON OUR HEALTH Mr. David Ziegler, Executive Director, Our Health, addressed the Board regarding the current status of the Our Health Program. He advised that the group receives approximately $586,000 in health care funding and this past year has been able to serve a greater number of under served citizens. He discussed his group's partnerships with Social Services, the Health Department, Senior Center, Shenandoah University, and Lord Fairfax Community College. Supervisor Dove commended Mr. Ziegler on his group's beautiful campus and stated that it helped the downtown area. COMMITTEE APPOINTMENTS PAUL W. HILLYARD. III APPOINTED TO SERVE ON THE PARKS AND RECREATION COMMISSION REPRESENTING THE GAINESBORO DISTRICT Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, Paul W. Hillyard, III was appointed to serve on the Parks and Recreation Commission as a representative of the Gainesboro District. This is a four year term, said term to begin February 13, 2004 and expire February 13,2008. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 342 Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye MICHAEL A. LAKE APPOINTED TO SERVE ON THE TRANSPORTATION COMMITTEE FROM THE GAINESBORO DISTRICT Upon a motion by Supervisor Dove, seconded by Supervisor Forrester, Michael A. Lake was appointed to serve on the Transportation Committee as a representative from the Gainesboro District. This is a four year term, said term to begin March 13, 2004 and will expire March 13, 2008. The above motion was adopted by the following recorded vote: Richard C. Shick1e - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye BILL AUSTIN REAPPOINTED TO THE WINCHESTER INCUBATION REGIONAL ENTERPRISE (WIRE) Upon a motion by Supervisor Tyler, seconded by Supervisor Smith, Bill Austin was appointed to serve on the Winchester Incubation Regional Enterprise (WIRE). This is a three year term, said term will expire March 31, 2007. The above motion was adopted by the following recorded vote: Richard C. Shick1e - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye RESOLUTION (#042-04) AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) - SPRING 2004 BOND SALE - APPROVED $9.2 MILLION Administrator Riley informed the Board that they had before them tonight a resolution stating the Board's intent to issue bonds and advertise the necessary public hearing. He advised that the bond application is for $10.2 million, which is broken down as follows: - $8.2 million for the construction of the 4th middle school. - $1 million for continued design and preliminary site work for the eleventh elementary school. Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11104 343 - $1 million for land acquisition and design for the transportation facility. Supervisor Ewing stated that he was concerned that by approving $1 million for the eleventh elementary school and $1 million for the transportation facility the Board would be committing future support to these projects. He stated that he would need more information on the total project costs before he could approve them. Superintendent Dean explained that approval of this request was merely approval of the design of the two facilities. Supervisor Ewing advised that he felt a good way to go would be to fund entire projects rather than parts of a proj ect. This would give the Board a better idea of the overall costs involved. He went on to say that he did not know what the total cost to build the elementary school would be and he wanted to make it clear tonight that approval would be strictly for design. Superintendent Dean advised that he would come back to the Board in November with a better cost estimate for construction and at that point they could move ahead. Chairman Shickle asked Superintendent Dean ifhe believed the cost estimate would be ready by November. Assistant Orndorff responded that the estimated bid documents would not be sent out until after the first of the year and he did not anticipate having them back by the Spring bond issue. He concluded by saying that the School would come back to the Board with a bond issue for construction costs. Superintendent Dean informed the Board that the cost estimate for the eleventh elementary school was $10.8 million, but he would not know the actual cost until the bid documents are completed and submitted. Chairman Shickle advised that the Board would probably see a bond request in the fall, but would probably have nothing more than a cost estimate for the project. Supervisor Forrester advised that she was comfortable moving forward with the applications for the schools, but not the transportation facility. She stated that she would like to have the School come back in six months with the transportation facility request. She concluded by saying that the construction of the schools needed to get started and completed. The Board agreed to look at each application item individually. Upon motion by Supervisor Forrester, seconded by Supervisor Smith, the Board approved Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 344 the VPSA Bond request for $8,200,000 for construction of the fourth middle school. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Ir. - Aye Lynda J. Tyler - Aye Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Van Osten, the Board approved the VPSA Bond request for $1,000,000 for continued design and preliminary site work for the eleventh elementary school. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Nay Gina A. Forrester - Aye W. Harrington Smith, Ir. - Aye Lynda J. Tyler - Aye Supervisor Tyler moved that the Board of Supervisors approve the VPSA Bond request for $1,000,000 for land acquisition and design for the transportation facility. The above motion was defeated by the following recorded vote: Richard C. Shickle - Nay Barbara E. Van Osten - Aye Gary W. Dove - Nay Bill M. Ewing - Nay Gina A. Forrester - Nay W. Harrington Smith, Ir. - Aye Lynda I. Tyler - Aye Chairman Shickle advised that the bond amount requested had been reduced from $10.2 million to $9.2 million. This revised amount is reflected in the revised resolution authorizing Frederick County to submit an application to VPSA for school financing and to schedule a public hearing. WHEREAS, the Board of Supervisors has determined that it is advisable to contract a debt and issue general obligation bonds ofthe County in the maximum amount of$9,200,000 to finance certain capital improvements for public school purposes (the "Bonds") and to sell such bonds to the Virginia Public School Authority ("VPSA"); and WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable to advance money to pay the costs for such capital projects for public school purposes (the "Projects") and to reimburse such advances with proceeds of one or more financings; Minute Book Number 29 Board of Supervisors Regular Meetiug of 02/11104 345 NOW, THEREFORE, BE IT RESOLVED BY THE FREDERICK COUNTY BOARD OF SUPERVISORS: The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing, and equipping the Projects from the proceeds ofthe Bonds to be issued in the maximum amount of $9,200,000. The County Administrator is authorized and directed to submit an application to VPSA in order to sell the Bonds to the VPSA at the Spring 2004 VPSA bond sale. The County Administrator is authorized to advertise a public hearing to be held on March 10,2004 on the issuance of bonds. This resolution shall take effect immediately upon its adoption. Adopted this 11 th day of February, 2004. STATUS OF NORTH STEPHENSON. INC. REZONING - BOARD CONSENSUS FOR APPLICANT TO REZONE ENTIRE PARCEL Administrator Riley advised that the Board had postponed this rezoning application for 90 days in order to allow the applicant, staff, and the Board to discuss an appropriate direction for this rezoning request. Representatives from each of the parties have met and felt it was more important to address the transportation issues relative to this project as well as a rezoning of the entire parcel rather than the proposed split zoning. He concluded by saying that if it was the will ofthe Board the applicant would withdraw the application and resubmit a new rezoning application for the entire parcel. Supervisor Tyler advised that she preferred rezoning the entire parcel because it would allow a full transportation plan to be reviewed. Administrator Riley advised that the Chairman should be looking for a consensus from the Board for a direction in which the applicant should proceed with this proposal. Vice-Chairman Van Osten advised that she supported Supervisor Tyler's position. The Board consensus was for the applicant to withdraw the current application and proceed with a rezoning application for the entire parcel. PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2003-2004 FISCAL YEAR BUDGET- PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2003-2004 BUDGET TO REFLECT: AIRPORT CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1.565.000 - (RESOLUTION #041-04), THIS AMOUNT REPRESENTS THE AIRPORT ROAD RELOCATION. AIRPORT FUND SUPPLEMENTAL Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11104 346 APPROPRIATION IN THE AMOUNT OF $1.850.000. THIS AMOUNT REPRESENTS THE FUNDING FOR CONSTRUCTION OF A NEW T-HANGAR. ADD FOUR T -HANGAR UNITS ON THE EXISTING T -HANGARBUlLDING. AND FOR REFINANCING OF EXISTING LOAN AND BOND - APPROVED Administrator Riley reviewed the proposed supplemental appropriations in the amounts of: - $1,565,000 for the relocation of Airport Road. - $1,850,000 for the construction ofa new T-hangar and addition of 4 t-hangar units. Chairman Shickle opened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Smith, seconded by Vice-Chairman Van Osten, the Board of Supervisors approved the Fiscal Year 2003-2004 Budget Amendment. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on February 11,2004, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2003- 2004 Budget be Amended to Reflect: Aimort Capital Fund Supplemental Appropriation in the Amount of $1,565,000. This Amount Represents the Airport Road Relocation. Aimort Fund Supplemental Appropriation in the Amount of $1,850,000. This amount Represents the Funding for Construction of a New T -Hangar, Add Four T -Hangar Units on the Existing T-Hangar Building, and for Refinancing Existing Loan and Bond. ADOPTED this 11th day of February, 2004. RESOLUTION (#040-04) OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY APPROVING THE ISSUANCE OF DEBT BY THE WINCHESTER REGIONAL AIRPORT AUTHORITY AND RELATED MATTERS WHEREAS, the Board of Directors (the "Board") of the Winchester Regional Airport Authority (the "Authority") has authorized the submission of an application to the Virginia Resources Authority ("VRA"), as the Administrator of the Virginia Airports Revolving Fund to participate in the Virginia Airports Revolving Fund Financing Program through the proposed issuance of bonds by the Authority in an amount not to exceed $1,850,000 (the"Bonds") for the financing and construction of a 16 unit hangar building, the expansion of an existing hangar and various other capital improvements to the Winchester Regional Airport, and to refinance the outstanding principal balance oftax exempt bonds issued by the Authority in 1990 and 1996 together with related expenses and costs of issuance (the "Project"). WHEREAS, in accordance with section 7.17.b of the Winchester Regional Airport Authority Act 1987 Session, Virginia Acts of Assembly, Chapter 687 in accordance with Chapter 3, Title 5.1, et.seq., Code of Virginia of 1950, as amended (the "Act") the consent of each of the participating political subdivisions is required for any issuance of debt by the Authority if the total debt shall exceed $500,000, and the participating political subdivisions consist ofthe City of Winchester, and the Counties of Shenandoah, Frederick, Clarke, and Warren (collectively, the "Member Jurisdictions"); such consent is being requested prior to issuance of the Bonds by the Authority. Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 347 NOW, THEREFORE, BE IT RESOLVED: - The Board of Supervisors of Frederick County hereby consents to the issuance of the Bonds by the Authority for the purpose of financing the Proj ect. - Under no circumstances shall the payment of debt service on the Bonds constitute a general obligation indebtedness or a pledge of the full faith and credit or taxing power of any of the Member Jurisdictions. - This resolution shall take effect immediately. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #13-03 OF CROSSPOINTE CENTER. SUBMITTED BY GILBERT W. CLIFFORD & ASSOCIATES. INC. TO REZONE 574.37 ACRES FROM RA (RURAL AREAS) AND B2 (BUSINESS GENERAL) TO RP (RESIDENTIAL PERFORMANCE) AND B2 (BUSINESS GENERAL). SPECIFICALLY. THIS APPLICATION REQUESTS THE REZONING OF THE SUBJECT AREAS AS FOLLOWS: 175.62 ACRES FROM RA (RURAL AREAS) TO B2 (BUSINESS GENERAL). 381.80 ACRES FROM RA (RURAL AREAS) TO RP (RESIDENTIAL PERFORMANCE). AND 16.95 ACRES FROM B2 (BUSINESS GENERAL) WITHOUT PROFFERS TO B2 (BUSINESS GENERAL) WITH PROFFERS. THE SUBJECT SITE IS LOCATED IN THE KERNSTOWN AREA. EAST OF THE SOUTHERN TERMINUS OF ROUTE 37. NORTH AND ADJACENT TO LAKESIDE SUBDIVISION. AND EAST AND ADJACENT TO TASKER ROAD (ROUTE 642). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 75-A-89. 75-A-89A. 75-A-90. 75-A-91. 75-A-92. 75-A-94. 75-A-95. AND 75- A-96 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Deputy Director Chris Mohn reviewed the application with the Board: - The property is located in the Shawnee Magisterial District. - The proposal calls for the rezoning of 574.37 acres from RA (Rural Areas) and B2 (Business General to RP (Residential Performance) and B2 (Business General) as follows: 175.62 acres from RA to B2, 381.80 acres fromRA to RP, and 16.95 acres from B2 without proffers to B2 with proffers. - The mixed use development will consist of 1,578 dwelling units, 200 of which will be age restricted, and 960,000 square feet of commercial land use with nine acres dedicated for government services. - The project will occur in three phases consisting of both residential and commercial development in each phase. - The project will contain a multi-modal transportation system to include the realignment of Tasker Road (Route 622), construction of Warrior Drive from the southeast project Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 348 boundary to the northern project limits, and construction ofCrosspointe Boulevard. The plan will also contain a network of bicycle and pedestrian trails. Deputy Director Mohn further explained that the proposal is consistent with the applicable land use and transportation policies of the Comprehensive Policy Plan and South Frederick Land Use Plan. He concluded by saying that he would be glad to answer any questions that the Board might have and that Chuck Maddox and John Foote were present to address the Board on the applicant's behalf. Vice-Chairman Van Osten asked Deputy Director Mohn to elaborate on the comments received from Parks and Recreation concerning the need for more information regarding the recreational, open space, and pedestrian!bikeways proposal discussed in the plan. Deputy Director Mohn responded that the comments dealt mainly with the proposed trail system and the applicant has adjusted the proposed proffer statement accordingly. Mr. John Foote appeared before the Board on behalf of the applicant. He advised that the project had gone through the Planning Commission process and received a favorable recommendation. He further stated that when the applicant began looking at this proj ect they startcd with the Frederick County Comprehensive Plan, as written. Mr. Foote advised that, according to the South Frederick Land Use Plan, this is a place where a project like Crosspointe would go. Mr. Foote went on to say that the project makes use of a number of triggering devices. He explained that the proposed road improvements would relieve a great deal of stress from Tasker Road and that all of these improvements would be done at the cost ofthe developer. Mr. Foote advised that the project would have a positive fiscal impact on the County and the project would create an estimated 1,000 permanent jobs. He went on to say that there was a commitment by the Developer to study the site further in order to see if anything was missed during the previous environmental impact study. He concluded by saying that the applicant has agreed to contribute over $4 million to the public schools as part of this project and he would be glad to answer any questions. Vice-Chairman Van Osten asked if enforcement ofthe rental restrictions would be a problem as there was no mention of them in the proffer statement. Mr. Foote responded that the provision would be attached and he would go back and review the proffer statement, but that provision would be enforced. Supervisor Smith asked Mr. Foote to explain the $4 million for the schools. Mr. Foote explained that the developer would pay $3,000 per building permit issued to the Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 349 schools. Supervisor Dove asked ifhe was reading correctly that the applicant would pay $300,000 to the volunteer fire & rescue squad that is the first responder for that development as well as $250 per unit. Mr. Foote responded that was correct; however, flexibility was built in to allow the developer to give the money to the first responder company, which currently is Stephens City but might be another company in the future. Vice-Chairman Van Osten asked how the impact on the intersection of Crosspointe Boulevard and Tasker Road might be mitigated. Lloyd Ingram, VDOT Engineer, responded that there was no way to do it now, but they would continue to investigate. Vice-Chairman Van Osten asked what engineering changes need to be made to Crosspointe Boulevard in the event Route 37 East materializes. Engineer Ingram responded that the applicant has dedicated the necessary right of way and the surface of the road would have to be wider. Supervisor Smith asked if filling stations were permitted in the B2 district. Mr. Foote responded that the development could have a filling station. Assistant Administrator Tierney advised that truck stops would require the property to be zoned B3. Supervisor Dove asked what type of retail the applicant envisioned for this site. Mr. Foote responded that the applicant had worked with Forbes consulting on some fiscal impact modeling for this project and it was determined that the types of retail could include: home furnishings, bookstores, men's and women's clothing, and grocery. Mr. Foote advised that the models looked at capturing community activity that is not currently served. There being no further questions, Chairman Shickle convened the public hearing. Jonell MacBeth, Shawnee District, advised that she was a nearby resident of the proposed development and she was opposed to the project. She stated that it was sad to know that the residents would be affected by something this huge. She cited Stephenson's Depot as another example of a large residential development. She stated that the County needed to maintain its rural lifestyle and keep the schools small. She went on to say that this proposed development would Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 I 350 create a number of problems for the schools. She concluded by saying that if she wanted to live in Loudoun County she would have moved there. Lydia Kirby, Shawnee District, asked the Board to vote against the rezoning because it would really impact the schools, which are currently over crowded. She went onto say that this proposed development would make the overcrowding situation worse. She asked the Board to consider the children's future because the current situation did not make for a good learning environment. Denise Fletcher, Shawnee District, stated that she was opposed to the development because of its impact on the schools, as the houses will be constructed before the schools are. She read enrollment figures for some ofthe County schools. She asked for an amendment to the plan to have the schools built first and then the houses. She concluded by saying "do not pass it tonight." Bill Dodson, Shawnee District, advised the Board that his concerns were the impact of the proposed development on the schools and the traffic. He stated that if the plan goes through it will cause gridlock at the 1-81 /Route 37 interchange. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Tyler stated that the traffic analysis shows an improvement over the current level of service, but she wanted to know where the difficulties are and what would happen to that area without the proposed improvements. Mr. Maddox advised that the applicant had worked with VDOT and they have determined that there is a failing situation at the I -81/Route 37 interchange. He went on to say that the situation will improve after the construction of phase 1. Mr. Maddox stated that the roads would be built before the houses. Supervisor Tyler asked about the "do nothing alternative." John Kellogg advised the Board that "without us" the situation turns into a grade "P" intersection. With the proposed improvements, the average level of flow at each proposed intersection is "C." Supervisor Smith cited a number ofthe residential developments approved within the last year such as, Wakeland Manor, Stephenson's Depot, and now Crosspointe. He stated that 5,378 residential units have been or are awaiting approval and this will add approximately 3,619 students to the current school population. Hc asked where the money was coming from for the schools. Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 351 Supervisor Smith advised that we have to look into the future and meet it head on and we have to "knuckle down and straighten out" before we go too far. Supervisor Smith moved that the Board of Supervisors deny Rezoning #13-03. The motion was seconded by Supervisor Forrester. Supervisor Forrester advised that there was a lot about the project that was attractive; however, a project of this size would generate enough children to fill an elementary school. Supervisor Ewing advised that he appreciated Supervisor Smith breaking down the housing numbers, but he felt this was one development that would actually pay for itself and other developments. Supervisor Dove stated that he met with Dr. Dean prior to taking office, who provided him with the program capacity for the school system. Supervisor Dove stated that if the school system redistricted every year, we could have full capacity in all of schools, but most people did not want that; therefore, we will have times when some schools are overcrowded and some are not. He concluded by saying that there will probably not be a house built in this development until the eleventh elementary school comes on board. Vice-Chairman Van Osten advised thatthis was a good project, but she was disappointed that there was no property or proffers for a school. There being no further discussion, the motion to deny rezoning #13-03 failed by the following recorded vote: Richard C. Shickle - Nay Barbara E. Van Osten - Nay Gary W. Dove - Nay Bill M. Ewing - Nay Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Nay Upon a motion by Supervisor Dove, seconded by Supervisor Tyler, the Board approved rezoning #13-03. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Nay W. Harrington Smith, Jr. - Nay Lynda J. Tyler - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 352 PUBLIC HEARING - ADOPTION OF THE PROPOSED WEST JUBAL EARLY LAND USE PLAN (WJELUP) - WILLIS WHITE. THE WJELUP IDENTIFIES FUTURE RESIDENTIAL AND MIXED USE LAND USES. A TRANSPORTATION NETWORK. AND INCLUDES AN EXPANSION OF THE URBAN DEVELOPMENT AREA (UDA). FOR AN APPROXIMATE 350 ACRE AREA PORTION OF THE COUNTY. THE SITE IS LOCATED ADJACENT TO AND WEST OF THE CITY OF WINCHESTER. EAST OF ROUTE 37. AND ADJACENT TO AND SOUTH OF MERRIMAN'S LANE (ROUTE 621). THE WJELUP IS LOCATED IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Deputy Director Mohn addressed the Board on behalf of this item: - This area is in the Shawnee Magisterial District and is located adj acent to and west ofthe City of Winchester, east of Route 37, and adjacent to and south of Merriman's Lane (Route 621). - The area contains approximately 350 acres. - The principal land uses are suburban residential with approximately 1,400 new dwelling units through rezoning, as well as a mixed use development area Deputy Director Mohn advised that the City of Winchester supports the proposed extension of Jubal Early Drive. The Planning Commission held its public hearing on January 21, 2004 and recommended approval by majority vote. He concluded by saying that he would be glad to answer any questions the Board might have. Chairman Shickle opened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Smith, seconded by Vice-Chairman Van Osten, the Board adopted the West Jubal Early Land Use Plan (WJELUP). The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Nay W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #13-03 OF SHARED TOWERS. INC./WHITE TAIL LANE TOWER. PRESENTED BY GREENWAY ENGINEERING. FOR A 195-FOOT HIGH LATTICE-TYPE TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED ON WHITE TAIL LANE OFF OF NORTH FREDERICK PIKE (ROUTE 522N) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 19-A-27 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planner T Mark Cheran reviewed this application for the Board. He explained that this Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 353 application is a request to revise a condition previously placed on conditional use permit #16-02, which stated: 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. Planner I Cheran advised that the Planning Commission held a public hearing on this request and recommended approval with the following conditions: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co-locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months ofthe approval of this conditional use permit, then the conditional use permit will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line ofthe base of the tower. Chairman Shickle asked if any of the conditions had changed. Planner I Cheran responded that they had not. Vice-Chairman Van Osten stated her objection to the lattice-type towers. She advised that she would like to see them addressed in the future. She concluded by saying that there seem to be a lot of exceptions to the monopole requirements coming forward. Planner I Cheran responded yes. He further advised that denial of the request for a lattice- type tower would be up to the Board. Director Lawrence advised that the Zoning Ordinance requires monopoles; however, ifthe tower is located outside of the UDA an applicant can get a waiver. He concluded by saying that in this instance, the applicant showed that the lattice tower could be camouflaged better than a monopole. Chairman Shickle opened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Smith, the Board approved Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11104 354 Conditional Use Permit #13-03. The above motion was adopted by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye OTHER PLANNING ITEMS ROAD RESOLUTION ($043-04) - STAR FORT. SECTION IV B - APPROVED UNDER CONSENT AGENDA The Board of Supervisors of Frederick County, in regular meeting on the 11th day of February, 2004, adopted the following: WHEREAS, the street in Star Fort, Section IV B described on the attached Additions Form SF-SA, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Residential Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Form SR-S(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS Supervisor Tyler reported that the Public Works Committee met and discussed the new environmental management system. She reminded the citizens of the upcoming scoping meeting on the 1-81 process at the Travelodge. Supervisor Forrester reported that the Library Board met. The Stewart Bell Archives Room at the Handley Library has been reopened. Vice-Chairman Van Osten reported that the Public Safety Committee met and discussed the PPEA proposal for the new public safety building and the regional Emergency Preparedness Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 355 Program. The Committee will also be looking at long range planning needs. She also reported that the Old Town Development Board approved a resolution of support for the George Washington Hotel. Chairman Shickle asked about getting a Board member and a Parks & Recreation member to meet with a representative of the City Council and their parks committee to discuss PPEA proposals for swimming pools. He would like to know from both entities what is being done regarding this process. Supervisor Tyler advised that she would take the lead on that. CITIZEN COMMENTS Kevin Kennedy, Gainesboro District, stated that the move to have citizen comments at the end ofthe meeting as all but a "fait accomplis" because at the end of the three month study period, citizens will be accustomed to speaking at the end of the meeting. He went on to say that the meetings would be much quieter because the Board would not have to answer questions. He concluded by saying that, according to his calculations, the Board approved 3,000 residential units tonight. There being no further citizen comments, Chairman Shickle closed this portion of the meeting. BOARD OF SUPERVISORS COMMENTS Supervisor Dove asked Director Lawrence to talk about the meetings being set up to discuss the rural areas study. Director Lawrence deferred to Deputy Director Mohn as he was thc staff member organizing the meetings. Deputy Director Mohn advised that there would be a number of citizen participation meetings during the second and third weeks in April to discuss the rural areas study. He further advised that the best places to access information on these meetings are the County's web site or by contacting the Planning Department. Supervisor Forrester asked about an update on the fiscal impact model. Director Lawrence advised that the Economic Development Commission was taking the lead and the consultant had almost completed the modeling. ADJOURN Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04 356 UPON A MOTION MADE BY SUPERVISOR TYLER, SECONDED BY SUPERVISOR SMITH, NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME 9:04 P.M.) ~c.~~_.j)~ Richard C. Shickle Chairman, Board of Supervisors J~r Clerk, Board of Supervisors Minutes Prepared By: ~. C ~Y.L Jay E. Ti s Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 02/11/04