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March 24, 2004 Regular Meeting 416 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 24,2004, at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. 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. STEPHENS CITY TOWN COUNCIL MEMBERS PRESENT Ray Ewing, Mayor; Linden Fravel, Jr.; Joe Hollis; Ron Bowers; Mike Grim; Joy Shull. ABSENT Mark Fleet. CALL TO ORDER Chairman Shickle and Mayor Ewing called the meeting to order. INVOCATION Reverend Mark Derazzo, Associate Pastor of the Church of the Good Shepherd gave the invocation. PLEDGE OF ALLEGIANCE Supervisor Smith led the Pledge of Allegiance. JOINT PUBLIC HEARING OF THE FREDERICK COUNTY BOARD OF SUPERVISORS AND THE STEPHENS CITY TOWN COUNCIL PROPOSED VOLUNTARY SETTLEMENT OF ANNEXATION - (RESOLUTION #051-04) - APPROVED Administrator Riley addressed the Board and Town Council on the proposed voluntary settlement of the annexation agreement, which set out guidelines for development within the approximately 800 acres of annexed land within Stephens City. He informed both bodies that C. Richard Cranwell, attorney, was present to answer any questions they might have. Chairman Shickle opened the public hearing. William Owen, Shawnee District, advised that he was a resident of Massey Lane in Stephens City and was included in the proposed annexation area. He cited a November 29,2003 Winchester Star article, which stated that the land east of Interstate 81 was not on the table because the County did not want to give up that revenue. He felt the Board was willing to give up the land he is living on for revenue. The article further stated that the annexed residents would have access to town Minute Book Nnmber 29 Board of Supervisors Regular Meeting of 03/24/04 417 garbage collection and police protection. Mr. Owen stated that he currently had garbage collection and he had County police protection. He went on to say that the only positive for him was the garbage pick up. Mr. Owens concluded by saying that he was opposed to the annexation and asked the Board to vote against it. Lew Costello, Back Creek District, stated that this has been a long and arduous process and he thanked the Board and everyone involved for what they had done. He went on to say that he read through the agreement and his family had no objection to the agreement as written. He concluded by asking "can we now be finished with this process?" There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Ewing stated that this agreement was quite beneficial to the Town and he felt the County would benefit also. Upon a motion by Supervisor Ewing, seconded by Supervisor Smith, the Board authorized the Chairman to sign the Voluntary Settlement Agreement between the Town of Stephens City and Frederick County. VOLUNTARY SETTLEMENT AGREEMENT BETWEEN THE TOWN OF STEPHENS CITY AND FREDERICK COUNTY THIS AGREEMENT is made and entered into this the 24th day of March, 2004, and executed in triplicate originals (each executed copy constituting an original) by and between the TOWN OF STEPHENS CITY, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, and the COUNTY OF FREDERICK, VIRGINIA, a political subdivision ofthe Commonwealth of Virginia. WHEREAS, the Town and the County have reached this Agreement, pursuant to Title 15.2, Chapter 34, of the Code of Virginia, (i) providing for the annexation of certain territory of the County to the Town, (ii) providing for the development ofthe annexation areas in accordance with a jointly approved land use plan, (iii) providing for the grant of immunity to the County from annexation for a period of 15 years, and (iv) providing for the transfer of certain cash proffers received by the Town to the County. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Town and the County agree as follows: SECTION 1 DEFINITIONS The Town and the County hereto agree that the following words, terms, and abbreviations as used in this Agreement shall have the following defined meanings, unless the context clearly provides otherwise: 1.1 "Town" means the Town of Stephens City, Virginia. 1.2 "Town Council" means the Town Council of the Town of Stephens City, Virginia. 1.3 "County" means the County of Frederick, Virginia. 1.4 "County Board of Supervisors" means the Board of Supervisors of the County of Frederick, Virginia. Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 418 1.5 Code provision shall mean that Code provision as it existed on the date of execution of this Agreement, or any successor provision should the Code be amended after execution of this agreement. 1.6 "Commission" means the Commission on Local Government. 1.7 "Special Court" means that the Special Three-Judge Court appointed by the Supreme Court of Virginia pursuant to Title 15.2, Chapter 30, of the Code. 1.8 "Section" refers to the parts of this Agreement unless the context indicates that the reference is to sections of the Code. 1.9 "Subsection" refers to the parts of this agreement set out in the various "Sections." 1.10 "Future Land Use Plan" refers to the written text outlining the future land use for the Phase I and Phase II Annexation Areas agreed to by the Town Council and the County Board of Supervisors on July 9, 2003, and any or all amendments thereto mutually agreed upon by the Town and the County. 1.11 "Future Land Use Map" refers to the map dated July 9, 2003, agreed to by the Town and the County showing the future land use in the Phase I and Phase II Annexation Areas by colored bubbles. SECTION 2 VOLUNTARY ANNEXATION 2.1 Phase I Annexation Area The Town and the County agree to the annexation by the Town of certain territory consisting ofthree (3) separate areas, collectively referred to as "Phase I Annexation." Each area are described by metes and bounds on attached Exhibit A and is depicted on the map attached as Exhibit B. The Phase I Annexation Areas are generally described as follows: (a) Area A ("Northern Area"): the area generally lying to the north of the existing Town boundaries and to the west of Interstate 81, including approximately 255 acres ofland, more particularly described in Exhibit A. (b) Area B ("Southern Area"): the area generally lying southwest ofthe existing Town boundaries containing approximately 100 acres of land, more particularly described in Exhibit A. (c) Area C ("Interstate Area"): the small strip of land lying between the existing boundaries of the Town and the western right-of-way of Interstate 81, containing approximately 5 acres, more particularly described in Exhibit A. 2.2 Survey of Phase I Annexation Areas. The Town shall have prepared, at its expense, a survey showing each of the Phase I Annexation Areas. The survey plat of the Phase I Annexation Areas and a metes and bounds description of each ofthe Phase I Annexation Areas shall be submitted to and filed with the Commission and the Special Court appointed to affirm, validate and give full force and effect to this Agreement. 2.3 Effective Date of Phase I Annexation. The Phase I Annexation provided for in Subsection 2.1 of this Agreement shall become effective on the first day of the second calendar month after entry of the Order by the Special Three-Judge Court appointed pursuantto Va. Code 915.2-3400 to affirm, validate and give full force and effect to this Agreement. 2.4 Extension of Municipal Services. The Town agrees that, upon the effective date of Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 419 the Phase I Annexation, the Town will extend its municipal services to the Phase I Annexation Areas on the same basis and at the same level as such services are now or hereafter provided to the areas within its current corporate limits where like conditions exist. The Town and the County agree that the Special Court will have exclusive jurisdiction to hear any dispute between the Town and the County with respect to the Town's compliance with the provisions of this Subsection and agrce that the County has standing to pursue a declaratory judgment action with the Special Court to enforce the provisions of this Subsection. SECTION 3 LAND USE AND ZONING IN PHASE I ANNEXATION AREAS 3.1 Future Land Use. The Town and the County agree that the orderly development of the Phase I Annexation Areas is in the best interest of both the Town and the County. The Town and the County have agreed upon the Future Land Use Plan attached hereto as Exhibit C, and the Future Land Use Map (hereinafter "the Map"), attached hereto as Exhibit D. The Future Land Use Plan and Map depict the types ofland uses for the Phase r Annexation that the Town and the County have agreed are most appropriate for the reasonably near future. The Future Land Use Plan and Map are to serve as a guide to future development as specified in Section 3 ofthis Agreement. The Town and the County agree that immediately upon validation ofthis Agreement by the Special Court to amend their respective Comprehensive Plans to incorporate the Future Land Use Plan and Map into their respective Comprehensive Plans, if they have not already done so. Nothing herein shall be construed to prohibit the Town and County, upon mutual agreement, from repealing, modifying, or amending the Future Land Use Plan and Map provided for herein. 3.2 Interim Zoning Classifications. The Town Council agrees to amend its zoning ordinance to provide that, upon the effective date ofthe Phase I Annexation, each tax parcel ofland in the Phase I Annexation Areas shall be temporarily classified as part ofthe Town's zoning district that is most comparable to the County's zoning district in which each such tax parcel was located immediately prior to the Phase I Annexation. The Town and the County agree that based upon the existing County and Town zoning districts, the most comparable districts are as follows: Countv Zoning District Town Zoning District RA Rural Areas RP Residential Performance R4 Residential Planned Community R5 Residential Recreational Community Bl Neighborhood Business B2 Business General B3 Industrial Transition Ml Light Industrial M2 Industrial General EM Extractive Manufacturing Residential R-l Residential R-3 Residential R-3 Residential R-2 Business B-1 Community Business B-2 Industrial I-I Industrial 1-1 Industrial 1-2 Industrial 1-2 3.3 Affirmation or Rezoning ofInterim Zoning Classifications. (a) Within six (6) months after the effective date ofthe Phase I Annexation, the Town Council shall either (i) affirm the zoning districts established pursuant to Subsection 3.2, for the Phase I Annexation Areas, or (ii) reclassify one or more tax parcels in the Phase I Annexation Areas to different Town zoning districts that substantially conform to the Future Land Use Plan. (b) After completing the herein referenced reclassification process, the Town Council shall then have the full discretion and power to approve or disapprove any rezoning requests, whether initiated by property owners or the Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 I 420 Town itself. The Town specifically agrees that it will only approve rezoning requests that substantially conform to the Future Land Use Plan until the terms and conditions in Subsection 3.4 or this Agreement are complied with. (c) The Town and the County agree that existing Town zoning districts that would substantially conform to the land use as shown on the Future Land Use Plan are as follows: Future Land Use Plan Town Zoning District Light IndustriaVManufacturing Conservation/Open Space Residential CommerciaVOffice Mixed Use Industrial 1-1 Residential R-l Residential R-l, R-2, or R-3 Business B-1 or Community Business B-2 Business B-2 and/or Residential R-3 3.4 Future Land Use Constraints. (a) The Town and the County agree that the obligations imposed on the Town Council with respect to zoning and rezoning matters as reflected in Subsections 3.1, 3.2, and 3.3 shall remain in effect and the Town Council will specifically comply with such Subsections until such time as 60% of the total acreage in the Phase I Annexation Areas have developed. (b) After the development of 60% of the total acreage in the Phase I Annexation Areas, the Town Council shall have complete discretion to deal with all zoning and rezoning matters within the Phase I Annexation Areas upon the merits of each zoning application without reference to Subsections 3.1, 3.2., and 3.3. ( c) In determining whether 60% of the undeveloped acreage in the Phase I Annexation Areas has developed, the Town and the County agree that the calculation shall include an examination of each tax parcel in the Phase I Annexation areas to determine if the tax parcel has developed since the effective date of the Phase I Annexation. (d) The Town and the County agree that the term "developed" as used in this Agreement for the purpose of making 60% calculation shall mean: (l) The Town and the County agree that if a residential dwelling of any kind is constructed upon any tax parcel in the Phase I Annexation Areas which contains five (5) acres more or less, then that entire tax parcel shall be deemed developed. (2) The Town and the County agree that if a residential dwelling of any kind is constructed upon any tax parcel in the Phase I Annexation Areas which contains more than five (5) acres, then only five (5) acres of that tax parcel shall be deemed developed. (3) The Town and the County agree that any tax parcel in the Phase I Annexation Areas that is exclusively in commercial or industrial use shall be deemed developed in making the 60% calculation. (4) The Town and the County agree that any tax parcel being used for commercial or industrial activities on which agricultural operations or uses are also occurring, including the planting and harvesting of crops or plant growth of any kind, pasture, horticulture, silviculture, dairying, floriculture, or the raising of poultry and/or livestock, then Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 421 the portion (or acreage) of such tax parcel being put to such agricultural uses shall be deemed undeveloped in making the 60% calculation. (e) The Town and the County agree that any tax parcel or part of any tax parcel used for public roads and highways or public facilities, or which lies in the 100-year flood plain shall be excluded from the total acreage in the Phase I Annexation Areas for the purpose of making the 60% calculation. SECTION 4 PHASE II ANNEXATION 4.1 Phase II Annexation Area. The Town and the County agree to the Phased Annexation of County territory lying generally to the south of the existing Town corporate limits and to the West of Interstate 81. This area is referred to as the Phase II Annexation Area and is described by metes and bounds in Exhibit A and is depicted on the map attached as Exhibit B to this Agreement containing approximately 350 acres. The Phased Annexation by the Town shall occur in strict accordance with the terms and conditions set out in Section 4 of this Agreement. 4.2 Survev of Parcels in Phase II Annexation Area. The Town shall have prepared, at its expense, a survey showing the Phase II Annexation Area. The survey plat of the Phase II Annexation Area and a metes and bounds description of the Phase II Annexation Area shall be submitted to and filed with the Commission and the Special Court appointed to affirm, validate and give full force and effect to this agreement. 4.3 Terms and Conditions of Annexation. The Town and the County agree that the Town may annex any tax parcel or parcels in the Phase II Annexation Area by the passage of an ordinance by a majority vote ofthe members elected to Town Council provided one or more ofthe following terms and conditions are met: (a) The tax parcel is deemed developed subsequent to the effective date of this Agreement, as the term "developed" is defined in Subsection 3.4, or (b) The County has issued a building permit for any such tax parcel or parcel subsequent to the effective date of this Agreement; or (c) An owner in the Phase II Annexation Area requests the armexation of a tax parcel or parcels in the Phase II Annexation Area to the Town subsequent to the effective date of this Agreement; and (d) The tax parcel or parcels referred to in Subsections 4.3 (a), (b), and (c) ofthis Section that are to be annexed are either contiguous to the Town or contiguous to another tax parcel that is contiguous to the Town; (e) In the event armexation is sought for a tax parcel or parcels that are not contiguous to the Town but are contiguous to another tax parcel or parcels that are contiguous to the Town, the tax parcel or parcels that arc not contiguous to the Town must meet the requirements of Subsection 4.3 (a), (b), or (c) of this Section. The contiguous parcel shall also be armexed to the Town to insure that the Town remains a compact body ofland. 4.4 Complete Annexation of Phase II Annexation Area. When 60% of the acres in the Phase II Annexation Area have developed as that term is defined in Subsection 3.4 ofthis Agreement, the Town may armex the remaining tax parcels within the Phase II Annexation Area. 4.5 Conditions Precedent to the Town Annexing by Ordinance Pursuant to Subsections Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 422 4.1. 4.2. 4.3. and 4.4 of this Agreement. The Town shall not pass any ordinance to annex any territory in the Phase II Annexation Area unless and until: (a) The Town provided the County written notice of its intent to adopt an annexation ordinance for any tax parcel or parcels in the Phase II Annexation Area. Such notices shall be delivered at least 60 days prior to the adoption of an annexation ordinance. (b) The Town provides with the Annexation Notice to the County (i) a metes and bounds description, (ii) survey plat ofthe tax parcel or parcels to be annexed to the Town, and (iii) a written statement of the Town's basis for annexing such tax parcel or parcels. Such written statement should include reference to specific Subsections ofthis Agreement that permit such annexation; (c) The County gives notice to the Town within such 60-day notice period that it does not object to the annexation. The Town and the County specifically agree that in the event the County objects to the annexation, the County will give written notice to the Town (i) detailing its reasons for objecting to the proposed annexation and (ii) stating why the County feels the proposed annexation is not in compliance with this Agreement. The Town agrees that it will not pass any ordinance of annexation until such dispute between the Town and the County has been resolved. (d) The Town and the County further agree that should the County give notice of its objection to the annexation, both the Town and the County shall have the standing to immediately initiate a declaratory judgment action with the Special Court appointed to affirm, validate and give full force and effect to this Agreement to determine if the noticed proposed annexation is in accordance with this Agreement. 4.6 Effective Date of Annexation by Ordinance. The effective date of any annexation that occurs pursuant to Section 4 of this Agreement shall be fixed or established in the Annexation Ordinance and shall be no sooner than 30 days after the date of adoption of any Annexation Ordinance. 4.7 Extension of Municipal Services. The Town agrees that, upon the effective date of any Phase II Annexation, the Town will extend its municipal services to the particular Phase II Annexation tax parcel or parcels that are annexed to the Town on the same basis and at the same levels as such services are now or hereafter provided to the areas within its current corporate limits where like conditions exist. The Town and the County agree that the Special Court will have exclusive jurisdiction to hear any dispute between the Town and the County with respect to the Town's compliance with the provisions of this Subsection and agree that the County has standing to pursue a declaratory judgment action with the Special Court to enforce the provisions of this Subsection. SECTION 5 LAND USE AND ZONING IN PHASE II ANNEXATION AREA 5.1 Future Land Use. The Town and the County agree that the orderly development of the Phase II Annexation Area is in the best interest of both parties. The Town and the County have agreed upon the Future Land Use Plan attached hereto as Exhibit C, and the Future Land Use Map (hereinafter "the Map"), attached hereto as Exhibit D. The Future Land Use Plan and Map depict the types of land uses for the Phase II Annexation Area that the Town and the County have agreed are most appropriate for the reasonably near future. The Future Land Use Plan and Map are to serve as a guide to future development as specified in Section 3 of this Agreement. The Town and the County agree that immediately upon affirmation and validation of this Agreement by the Special Court to amend their respective Comprehensive Plans to Minute Book Number 29 Board 01' Supervisors Regular Meeting of 03/24/04 423 incorporate the Future Land Use Plan and Map into their respective Comprehensive Plans ifthey have not already done so. 5.2 Interim Zoning Classifications. The Town Council agrees to amend its zoning ordinance to provide that, upon the effective date ofthe annexation of any tax parcel or parcels in the Phase II Annexation Area, each tax parcel or parcels annexed to the Town shall be temporarily classified as part ofthe Town's zoning district that is most comparable to the County's zoning district in which each such parcel was located immediately prior to a Phase II Annexation. The Town and the County agree that based upon the existing County and Town zoning districts, the most comparable district are as follows: Countv Zoning District Town Zoning District RA Rural Areas RP Residential Performance R4 Residential Planned Community R5 Residential Recreational Community Bl Neighborhood Business B2 Business General B3 Industrial Transition Ml Light Industrial M2 Industrial General EM Extractive Manufacturing Residential R-l Residential R-3 Residential R-3 Residential R-2 Business B-1 Community Business B-2 Industrial 1-1 Industrial 1-1 Industrial 1- 2 Industrial 1-2 5.3 Affirming or Rezoning ofInterim Zoning Classifications. (a) Within six (6) months after the effective date of a Phase II Annexation, the Town Council shall either (i) affirm the zoning districts established pursuant to Subsection 5.2, for a Phase II Annexation; or (ii) shall reclassify one or more tax parcels ofland in the Phase II Annexation Area to different Town zoning districts that substantially conform to the Future Land Use Plan. (b) After completing the herein referenced reclassification process, the Town Council shall then have the full discretion and power to approve or disapprove any rezoning requests, whether initiated by the property owners or the Town itself. The Town specifically agrees that it will only approve rezoning requests that substantially conform to the Future Land Use Plan until the terms and conditions of Subsection 5.4 of this Agreement are complied with. (c) The Town and the County agree that existing Town zoning districts that would substantially conform to the land use as shown on the Future Land Use Plan are as follows: Future Land Use Plan Town Zoning District Light Industrial/Manufacturing Conservation/Open Space Residential Commercial/Office Industrial 1-1 Residential R-l Residential R-l, R-2, or R-3 Business B-1 or Community Business B-2 Business B-2 and/or Residential R-3 Mixed Use 5.4 Future Land Use Constraints. (a) The Town and the County agree that the obligations imposed on the Town Council with respect to zoning and rezoning matters as reflected in Subsections 5.1, 5.2, and 5.3 shall remain in effect and the Town Council will Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 424 specifically comply with such Subsections until such time as 60% of the original undeveloped acreage in the Phase II Annexation Area has developed. (b) After the development of 60% of the undeveloped acreage in the Phase II Annexation Area, the Town Council shall have complete discretion to deal with all zoning and rezoning matters within the Phase II Annexation Area upon the merits of each zoning application without reference to Subsections 5.1,5.2, and 5.3. (c) In determining whether 60% of the acreage in the Phase II Annexation Area is developed, the Town and the County agree that Subsections 3.4 (a), (b), (c), (d), and (e) shall be followed and applicable to the 60% calculation in the Phase II Annexation Area. SECTION 6 WAIVER OF ANNEXATION RIGHTS. IMMUNITY AND DEANNEXATION 6.1 Waiver of Annexation Rights. The Town and the County agree that for a period of 15 years following the effective date ofthe Phase I Annexation, the Town waives all its statutory rights to annex County territory and will not initiate, institute or support any proceeding to annex territory of the County except (i) as specifically provided in Subsection 4 of this Agreement or (ii) any annexation that may be the result of a mutual agreement between the Town and the County. It is the intent ofthe Town and the County that the County be immune from any annexation to the Town for such 15- year period. 6.2 Citizen Annexation. In the event annexation proceedings are instituted by property owners or qualified voters pursuant to 9 15.2-3203 ofthe Code or any statute similar thereto, the Town agrees that it will not support such proceedings and, if requested by the County, will oppose at no cost to the Town all such proceedings during the 15- year immunity period. The Town specifically agrees not to provide any legal assistance, engineering assistance, financial aid, or any other aid or assistance to property owners or qualified voters petitioning for annexation pursuant to Va. Code 915.2-3203 of the Code. 6.3 Deannexation. (a) The Town and the County agree that it is desirable to contract the Town corporate limits by deannexing a small territory (Deannexation Area) in the northwest part of the Town and south of Route 648. (b) The Deannexation Area is described by metes and bounds description on attached Exhibit A and is depicted on the map attached as Exhibit B. (c) The Town and the County agree that the deannexation will take effect on the same date as the effective date of the Phase I Annexation. SECTION 7 CASH PROFFERS 7.1 Proffers. The Town and the County have both adopted conditional zoning which permits landowners to offer cash proffers in connection with a rezoning application. 7.2 Payment of Cash Proffers. The Town and the County agree that the Town, as part of its review of any rezoning application in thc Phasc I or Phasc II Anncxation Arcas, shall refer such application to the Frederick County Planning Department for its review prior to action by the Town. The County Planning Department will compute the capital facilities impact on the County of the zoning request as it relates to capital facilities for schools, parks and recreation, and fire and rescue. This will allow the Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 425 applicant for rezoning in the Phase I or Phase II Annexation Areas to determine and submit proffers with its zoning application to the Town to address such capital facilities impact. The Town and the County agree that the Town will, upon receipt of cash proffers relating to a rezoning in the Phase I or Phase II Annexation Areas, immediately pay and transfer to the County; (a) 100% of all proffers specifically designated by the rezoning applicant for school, fire, and rescue facilities or purposes, and (b) 40% of all proffers designated for any other capital facilities or purposes. However, nothing herein shall be construed to require the Town to payor transfer to the County any cash proffers, or any portion thereof, designated by the rezoning applicant for any specific capital facility or project which 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 proffers designated for any specific capital facility or project which will be the sole obligation of the County to construct or develop. SECTION 8. COMMISSION AND SPECIAL COURT APPROVAL 8.1 Commission Approval. The Town and the County agree to promptly initiate the steps necessary and required by Title 15.2, Chapter 34 of the Code to obtain review of this Agreement by the Commission. 8.2 Special Court Approval. Following the issuance of the report of findings and recommendations by the Commission, the Town and the County agree that they will take all steps necessary and will submit this Agreement in its present form to a Special Court for affirmation and validation and to give it full force and effect, as required by Title 15.2, Chapter 34 ofthe Code. 8.3 Termination for Failure to Affirm and Validate and Give Full Force and Effect to This Agreement. The Town and the County agree that if this Agreement is not affirmed, validated and given full force and effect by the Special Court without modification, this Agreement shall immediately terminate. However, the parties may waive termination by mutually agreeing to recommend modifications by the Special Court. SECTION 9. MISCELLANEOUS PROVISIONS 9.1 Binding Effect. This Agreement shall be binding upon and inure to the benefit to the Town and the County, and each of the future governing bodies of the Town and the County, and upon any successor to either the Town or the County. 9.2 Amendments. This Agreement may be amended, modified, or supplemented in whole or in part, by mutual agreement of the Town and the County, prior to affirmation, by a written document of equal formality and dignity, duly executed by the authorized representatives ofthe Town and the County. 9.3 Enforceability. This Agreement shall be enforceable only by the Special Court affirming validating, and giving full force and effect to this Agreement or by a successor Special Court appointed to pursuant to Title 15.2, Chapter 30 ofthe Code, pursuant to a declaratory judgment action initiated by either of the parties hereto to secure the performance of any provisions, covenants, conditions and terms contained in this Agreement or the Order affirming, validating, and giving full force and effect to this Agreement. 9.4 Standing. The Town and the County agree that each shall and does have standing to enforce any ofthe provisions, covenants, conditions and terms of this Agreement. WITNESS the following signatures and seals: Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 426 TOWN OF STEPHENS CITY, VIRGINIA By: Mayor ATTEST: Town Clerk COUNTY OF FREDERICK, VIRGINIA By: Chairman of the Board of Supervisors ATTEST: Board Clerk 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, II. - Aye Lynda J. Tyler - Aye Mayor Ewing advised that the Town could not take action on the agreement this evening, but it would be on the Council's April 6, 2004 agenda. He concluded by thanking the Board for their time. The Stephens City Town Council adjourned their public hearing. TIME: 7:25 P.M.) Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board took a ten minute recess. The above motion passed 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, II. - Aye Lynda J. Tyler - Aye RECONVENE Chairman Shickle reconvened the Board of Supervisors for their Regular Meeting at 7:35 P.M. PRESENT Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 427 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 1. Tyler. ADOPTION OF AGENDA - APPROVED Assistant Administrator Tierney advised there were no additional items for the agenda.. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the 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 CONSENT AGENDA There were no items for approval under the consent agenda. MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the minutes from the March 10, 2004 Regular Meeting were 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, Jf. - Aye Lynda 1. Tyler - Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS CHERYL C. SWARTZ APPOINTED TO SERVE ON THE PARKS AND RECREATION COMMISSION AS THE MEMBER-AT LARGE - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, Cheryl C. Swartz was appointed to the Parks and Recreation Commission as the Member-At-Large. This is a four year term, said term to expire March 24, 2008. 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, Jr. - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 428 Lynda J. Tyler - Aye TRANSPORTATION COMMITTEE TOWN OF STEPHENS CITY REPRESENTATIVE APPOINTMENT - DEFERRED Supervisor Ewing advised that the Town of Stephens City had not provided him with a representative's name. This appointment was deferred. REOUEST FROM THE COMMISSIONER OF REVENUE FOR REFUND - APPROVED The Board received a request from Commissioner Murphy requesting a refund or roll credits as needed for Glen E. Russell for overpayment of his 2003 business license. The exoneration amount being requested is $3,429.36. Upon a motion by Supervisor Ewing, seconded by Supervisor Smith, the Board approved the exoneration in the amount of$3,429.36 for Glen E. Russell. 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, Jr. - Aye Lynda J. Tyler - Aye RESOLUTION (#052-04) TO REOUEST STATE FUNDING TO EXPAND THE CLARKE-F AUQUIER-FREDERICK- WINCHESTER(CFFW) REGIONAL ADULT DETENTION CENTER - APPROVED Upon a motion by Supervisor Smith, seconded by Supervisor Tyler, the Board approved the following Resolution to Request State Funding to Expand the Clarke- Fauquier- Frederick- Winchester Regional Adult Detention Center. WHEREAS, the Clarke-Fauquier-Frederick-Winchester Regional Adult Detention Center (hereafter referred to as Detention Center) is overcrowded, and public safety and efficient operations are deleteriously impacted by the inmate populations that exceed the design capacity; and WHEREAS, the jurisdictions that own and operate the Detention Center are willing, with appropriate State partnership, to expand the Detention Center to address public safety and operational requirements; and WHEREAS, the Detention Center has prepared and submitted a Community Based Corrections plan in accordance with 953.1-82.1, Code of Virginia; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia that the Commonwealth of Virginia be, and is hereby respectfully requested to approve the expansion of the Detention Center as delineated in the Community Based Corrections Plans submitted to the Virginia Department of Corrections on March 1, 2004. The above motion was approved by the following recorded vote: Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 ,_ 429 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 COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED The Parks and Recreation Commission met on March 16,2004. Members present were: Charles Sandy, Steven White, Robert Hartman, Victoria Keelon, Ronald Madagan, P. W. Hillyard, III, Michael Ruddy, Lynda Tyler Reauires Board Action: 1. Buildinl:s and Grounds Committee Recommendation (Resolution #053-04) - Approved - Mr. Madagan moved to apply to the Virginia Department of Conservation and Recreation, for a 50/50 matching grant using proffer funds and in-kind services for an Aqua Playground to be located within the Sherando Park Pool Complex, with an estimated cost of $180,000, second by Mr. Hillyard, carried 6-1. Application is due April 16 to the State. County proffer share would not exceed $90,000. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved the Building and Grounds Committee and adopted the following resolution: WHEREAS, the Department of Conservation and Recreation (DCR), provides funds to assist political subdivisions ofthe 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 an Aqua Playground 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 $90,000 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 Aqua Playground 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 $90,000. 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 Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 430 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 Aqua Playground properties, in perpetuity, for public outdoors recreational purposes in accordance with the Land and Water Conservation Fund Act (L& WCF). 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 Aqua Playground 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 Aqua Playground Development Project in order to enhance the standard of public recreational enjoyment for all our citizenry. Vice-Chairman Van Osten asked about the $90,000 match for this project. Supervisor Tyler advised that no county money would be needed as the funding would come from proffer money. 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, II. - Aye Lynda I. Tyler - Aye 2. Standinl: Committee Reports - Approved under Committee Appointments - A special committee received eight applications for the vacant at-large position. Four applicants were interviewed and the Committee recommends Mrs. Cheryl Swartz for the position. Submitted for Board Information Onlv: 1. Community Use ofN ew Elementarv School- Mrs. Keelon moved that the Commission endorse the concept of Co-Location of Community Facilities at the future school sites and to coordinate with Frederick County Public Schools on the development of this concept for all future schools, second by Mr. Hillyard, carried unanimously (7-0). Supervisor Tyler advised that Rubbermaid has given $154,000.00 to buy trash receptacles for all of the County's parks facilities and they should be commended for this donation. FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on March 17,2004 at 8:00 a.m. 1. The Clerk of Frederick County requests a General Fund supplemental appropriation in Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 431 the amount of$8.664.92. This amount represents salary and fringes for the remainder ofthis fiscal year for a new Deputy Clerk position. Additional local funds are necessary. See attached memo, p. 1-5. The committee recommended approval of advertising forthe position in FY 2004 but not filling the position until after July 1, 2004 - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the committee's recommendation regarding above request 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 2. The Commissioner of Revenue requests a General Fund supplemental appropriation in the amount of $1 1.934.48. This amount represents a salary and fringes for the remainder of this fiscal year for a new Auditor position. It is anticipated that revenue will be associated with this position. Additional local funds are necessary. See attached memo, p. 6-8. The Committee recommended approval of advertising for the position in FY 2004 but not filling the position until after July 1, 2004. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the Committee's recommendation regarding the above request 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 1. Tyler - Aye 3. The Commonwealth Attorney requests a General Fund supplemental appropriation in the amount of$7 .276.05. This amount represents salary and fringes for the remainder of this fiscal year for a new Office Assistant position. Additional local funds are necessary. See attached memo, p. 9-11. The committee recommended approval of advertising for the position in FY 2004 but not filling the position until after July 1,2004. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Ewing, the Board approved the Committee's recommendation regarding the above request 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 4. The Court Service Unit requests a General Fund budget transfer in the amount of $13.000. This amount is needed to cover anticipated services for youth. No additional local funds are needed. See attached memo, p. 12. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 432 the above request 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 5. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $2.524.96. This amount represents proceeds received from the Thanksgiving 5K to go to the Big Brothers/Big Sisters Organization. No additional local funds are needed. See attached memo, p. 13. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request 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 6. The Director of Fire and Rescue requests a General Fund supplemental appropriation in the amount of $19.901. This amount represents a grant to purchase two Lifepak Defibrillators. Reimbursement by the VA Office of Emergency Medical Services will be received when receipts are submitted to the state. No additional local funds are needed. See attached memo, p. 14-17. The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request 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 7. The Superintendent of the Regional Jail requests a Regional Jail Fund supplemental appropriation in the amount of $330.020.37. This amount represents expenses for repair and maintenance of vehicles, inmate medical care and construction management services of the Work Release building. The Superintendent also requests a Regional Jail Fund budget transfer in the amount of $27.500. This amount represents transfers to various line items. No additional local funds are needed. See attached memo, p. 18, The committee recommends approval. - Approved. Upon a motion by Supervisor Smith, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 433 Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye ***For Information Only*** 1. The Feltner Community Foundation appreciates consideration by the county for their request in the FY 2004-2005 budget. See attached letter, p. 19. 2. The Finance Director provided a report on fund balance. See attached memo, p. 20-21. 3. A copy of the FY 2004-2005 budget advertisement that appeared in The Winchester Star is attached. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF THE SHENANDOAH APPLE BLOSSOM FESTIVAL AND VALLEY HEALTH SYSTEM - QUEEN'S BALL AND DAILY GRIND JAZZ FEST. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 Co PERMIT REQUIRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. VALLEY HEALTH SYSTEM'S QUEEN'S BALL TO BE HELD ON FRIDAY. APRIL 30. 2004. FROM 8:00 P.M. TO 1:00 A.M.: AND DAILY GRIND JAZZ FEST TO BE HELD ON SUNDAY. MAY 2. 2004. FROM 12:00 NOON TO 5:00 P.M.. BOTH EVENTS WILL BE HELD AT THE ROCK HARBOR GOLF COURSES. 365 ROCK HARBOR DRIVE. (WHICH IS OFF MERRIMAN'S LANE). WINCHESTER. VIRGINIA. PROPERTY OWNED BY DENNY PERRY. - APPROVED Assistant Administrator Tierney advised that this was a required application for an outdoor festival permit for the Apple Blossom Festival and Valley Health System for the Queen's Ball and the Daily Grind Jazz Fest to be held at 365 Rock Harbor Drive on April 30, 2004 and May 2, 2004 respectively. Mr. John Rosenberger, Executive Director ofthe Apple Blossom Festival, appeared before the Board. He explained that it was his board's intent to move some ofthese events into the County and they would abide by all codes and would work with Fire and Rescue and the Sheriffs Department. He concluded by saying that these were two of the festival's top events. Supervisor Smith asked if alcohol would be served at these events. Mr. Rosenberger responded yes, but it would not be in public reach. He advised that all of the bar staff would be TIPS trained and there would be security on site as well. Chairman Shickle convened 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 Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 434 approved the Outdoor Festival Permit request by the Shenandoah Apple Blossom Festival and Valley Health System for the Queen's Ball and Daily Grind Jazz Fest. 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, Jr. - Aye Lynda J. Tyler - Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION - "OF ALE AND HISTORY" MICROBREW AND IMPORTED BEER T ASTING FESTIVAL. 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 SATURDAY. MAY 8. 2004. FROM 12:00 NOON TO 6:00 P.M.: ON THE GROUNDS OF BELLE GROVE PLANTATION. 336 BELLE GROVE ROAD. MIDDLETOWN. VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION - APPROVED Assistant Administrator Tierney advised that this was an application for an outdoor festival permit by Belle Grove Plantation for their annual event. This year the event will occur on Saturday, May 8, 2004. He concluded by saying that a representative from Belle Grove was present to answer any questions. Elizabeth McClung appeared before the Board on behalf ofthis application. She advised that this was one of Belle Grove's major events. Ms. McClung went on to say that there was a designated driver program in place as well as a van service. The Middletown Police do a walk through, there is event security, and the Sheriffs Department does a drive by during the day. She concluded by saying that this is a recurring event and they are in their ninth year. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the Board approved the Outdoor Festival Permit Application for Belle Grove Plantation for "Of Ale and History" . The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 435 Gal)' W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye PLANNING COMMISSION BUSINESS: AMENDMENT OF MASTER DEVELOPMENT PLAN PROCESS FOR CHANNING DRIVE DEVELOPMENTS - (RESOLUTION #054-04)) - APPROVED Director Lawrence appeared before the Board on behalf ofthis item. He explained that this request came about because staff was approached by a representative from an engineering firm. He advised that the County's position has in the past been that the master development plans for the three developments could not be changed unless all three developers sign an agreement. The County has received a request that the County consider revisions to individual master development plans for this development, ifthe right-of-way for Channing Drive is dedicated to the County and a monetary guarantee is put into place. He went on to say that staff feels this proposed policy change would not impact the proffers and the projects would continue to be intertwined. Director Lawrence stated that staff would bring the proposed amendments to the Master Development Plans to the Board before they are adopted and could still pressure the developers to guarantee that the road would be built. He concluded by saying that staffthinks this is a fair proposal after reviewing the master plans and supporting documents and recommends approval. Mr. Mark Smith, Greenway Engineering, advised that the construction of Channing Drive was ahead of schedule. He stated that it was about 75% complete on the Fieldstone property and the Lyn Haven and Sovereign Village sections were working well together. Chairman Shickle asked at what point the developer would have to build all of Channing Drive. Mr. Smith responded that the proffers state that the road must be built when development is adjacent to it. Chairman Shickle asked when the road would be built. Mr. Smith responded that the proffers would rule; however, under the proposal submitted to staff the Board would see the submission of a revised master plan and at that time, the Board could say when it would be built. Assistant Administrator Tierney responded that it would be a function ofthe build out ofthe Minute Book Number 29 Board of Supervisors Regular Meeting uf 03/24/04 436 subdivision. Supervisor Forrester asked how this proposal would affect the phasing of this project. Director Lawrence responded that the proffer statements would govern; therefore, Channing Drive has to be opened before 475 building permits are issued. Supervisor Ewing stated that he was concerned about the bonding of this project. He asked what would assure that the amount of the bond would cover the cost of construction. Director Lawrence responded that the cost estimates would be provided by VDOT engineers and the County Public Works Department. Supervisor Forrester stated other amenities would not be affected by this proposal. Director Lawrence responded that was correct. Supervisor Smith asked if undue pressure had been brought upon the Planning Department because ofthis proposal. Director Lawrence responded no and he did not foresee any. Vice-Chairman Van Osten asked if this change would streamline the process. Director Lawrence responded yes. Supervisor Tyler asked if the signatures of all three developers will be received before the Board sees a new master development plan. Director Lawrence responded that under the proposal being recommended by staff each developer could come through with individual plans; however, the County could not approve the revisions until Channing Drive is taken care of. He concluded by saying that the first one wanting approval of their revised plan needs to step up and dedicate the completion of Channing Drive. Supervisor Dove responded that he would like to take staffs recommendation on this item. Supervisor Forrester asked if the density of the master development plan would increase under this proposal. Director Lawrence responded there would be no increase in density. Upon amotion by Supervisor Forrester, seconded by Supervisor Smith, the Board approved the Resolution of the Frederick County Board of Supervisors to consider individual master development plan revision of Master Development Plan #08-00 for Channing Drive, for the three developments within the 376-acre project, following the dedication and guarantee assuring the construction of the road known as Channing Drive. Minute Book Nnmber 29 Board of Supervisors Regular Meeting of 03/24/04 437 WHEREAS, Rezoning #15-99 of Channing Drive was submitted to rezone 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of22.0 acres from RA (Rural Areas) to B2 (Business General) with the proffers submitted by the applicant. This property is located on the north side ofSenseny Road (Route 657), on both sides of Bean's Pond Lane, and adjacent to the Bedford Village, Apple Pie Ridge, Senseny Glen, and Carlisle Heights Subdivisions and is identified with Property Identification Numbers 55-A-206, 211,213, & 65-A-30, 31, 39, 40 in the Red Bud Magisterial District. WHEREAS, Rezoning #15-99 of Channing Drive was adopted by the Frederick County Board of Supervisors on December 8, 1999, and WHEREAS, Master Development Plan #08-00 of Channing Drive was adopted by Frederick County on December 5, 2001 and such master development plan illustrated planned and coordinated land uses and infrastructure improvements for the entire 376-acre site, and WHEREAS, the current three development owners were party to or have assumed the original Master Development Plan, which arose as a request of those three property owners and/or their predecessors, and WHEREAS, the County was requested to consider each development separately to enable revisions to the Master Development Plan by the individual developments, and WHEREAS, a key element ofthe Master Development Plan was the coordinated effort to construct Channing Drive as a major collector roadway, and WHEREAS, the dedication of Channing Drive and the guarantee of its construction would achieve an intent of the Proffered Condition with the Rezoning; THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the three developments within the 376-acre development project following the dedication and improvement guarantee for Channing Drive. 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 BOARD LIAISON REPORTS Supervisor Tyler reminded everyone of the meeting concerning the development impact model to be held on Tuesday, April 6, 2004 at 12:30 P.M. at the Winchester Regional Airport. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Tyler stated that the three month trial period was over and it was time to revisit the issue of citizen comments. Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04 43 The Board agreed to discuss this issue in April. Supervisor Ewing thanked the Board for their vote on the Stephens City Annexation Voluntary Settlement Agreement and he felt both the Town and the County were developing a beneficial partnership. Chairman Shickle stated that it had been brought to his attention by Administrator Riley that the Board needs to adopt the resolution that was contained in the agenda packet with the voluntary settlement agreement. Supervisor Ewing asked for a point of clarification regarding the resolution and the proposed survey ofthe annexed area. He wanted to know ifit would create duplicate work (e.g. surveys). Administrator Riley advised that the County and the Town could get a better definition of both areas to be annexed later, but the Board should adopt the enabling resolution because that is the document that gets the annexation before the Commission on Local Government. Supervisor Ewing stated that he wanted to make sure that we were not requiring duplicate payment for the survey. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the Resolution (#051-04) Approving Voluntary Settlement Agreement Between the County of Frederick, Virginia and the Town of Stephens City, Virginia. WHEREAS, the County of Frederick and the Town of Stephens City have negotiated a Voluntary Settlement pursuant to Chapter 34, Title 15.2 of the Virginia Code; and WHEREAS, such Voluntary Settlement provides for (i) the annexation of certain territory of the County to the Town, (ii) the development of the annexation areas according to a jointly approved Land Use Plan, (iii) the grant of immunity of the County from annexation for a period of fifteen (15) years, and (iv) the transfer of certain cash proffers received by the Town to the County; and WHEREAS, the Board of Supervisors of Frederick County and the Town Council of the Town of Stephens City have caused a Notice ofthis meeting to be published in a newspaper having general circulation in the County and Town; and WHEREAS, such notice contained a descriptive summary ofthe Voluntary settlement; and WHEREAS, it is the desire ofthe Board of Supervisors of Frederick County to adopt the Voluntary Settlement Agreement and submit the same to the Commission on Local Government for its review and recommendation as provided by Va. Code S 15.2-3400(3). NOW, THERE FORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby ADOPT the Voluntary Settlement Agreement dated March 24, 2004, between the County of Frederick and the Town of Stephens City, a copy of which is attached to this Resolution as Exhibit A. BE IT FURTHER RESOLVED, that the Chairman of the Board of Supervisors execute Minute Book Nnmber 29 Board of Supervisors Regular Meeting of 03/24/04 439 such Voluntary Settlement Agreement in triplicate and that the County Administrator transmit the same to the Town for signature by the appropriate parties ofthe Town of Stephens City. BE IT FURTHER RESOLVED, that Special Counsel for Frederick County take all steps necessary to have the Voluntary Settlement Agreement reviewed by the Commission on Local Government as provided by and pursuant to Va. Code ~ 15.2-3400 and 15.2-903(4)(h). 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, II. - Aye Lynda I. Tyler - Aye ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR SMITH, NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:30 P.M.) .... \L.5L--9 ~~ Richard C. Shickle Chairman, Board of Supervisors dI! K?t R. Riley, Jr. Clerk, Board of S pervisors Minutes Prepared By: ChIP <!: f,Jl( Ja~ Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 03/24/04