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October 12, 2004 Regular Meeting 149 A Regular Meeting of the Frederick County Board of Supervisors was held on Tuesday, October 12,2004, at 5 :45 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; Gene E. Fisher; Gina A. Forrester; and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION In the absence of a minister, Supervisor Fisher gave the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Van Osten led the Pledge of Allegiance. ADOPTION OF AGENDA Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye CONSENT AGENDA Administrator Riley recommended the following items for approval under consent agenda: 1. Resolution Dedicating South Warrior Drive to the Virginia Department of Transportation (VDOT) for the Inclusion into the State Highway System - Tab D; 2. Parks and Recreation Commission - Tab E. Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12104 150 PRESENTATION TO BARBARA SMITH Chairman Shickle and Shawnee District Supervisor Fisher presented a framed copy of a Resolution in Memoriam of W. Harrington Smith, Jr., and Supervisor Smith's name plate to his widow Barbara Smith. The Board again expressed their sympathy at the loss of their fellow board member and citizen legislator. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes from the September 22, 2004 Regular Meeting were approved by the following recorded vote: Richard C. Shiekle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the minutes from the September 28,2004 Work Session were approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS NOMINATION OF MEMBERS TO THE BOARD OF EOUALIZATION - APPROVED Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Forrester, the following individuals were nominated to serve on the Board of Equalization: Dan Wall, Back Creek District Michael Lake, Gainesboro District Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 1 51 Gilbank Hamilton, Opequon District Chris Cotterell, Red Bud District H. Paige Manuel, Shawnee District James E. Chestnut, Stonewall District 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye DISCUSSION OF VIRGINIA ASSOCIA nON OF COUNTIES (V ACO) 2005 LEGISLATIVE PROGRAM - RESOLUTION #024-04 - APPROVED Administrator Riley offered the V ACo 2005 Legislative Program as an information item for the Board. He advised that it would move forward at V ACo's November 2004 annual meeting. He stated that there were two additional items that required Board action. The first item was a resolution urging the State to release its share of the Personal Property Tax Relief Act, as this funding delay would result in a short fall 01'$7.2 million in the County's budget. The second item was to authorize the Chairman to contact the local delegates concerning sponsorship oflegislation for a real estate transfer tax in lieu of cash proffers through local option. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board approved the Resolution Urging the State to Release the State Share of the Personal Property Tax Relief Act. WHEREAS, Frederick County is a growing locality that faces an ever increasing population with an expectation of a high level of services to be provided the County; and WHEJU:AS, the County continually confronts the difficult task of funding these demands for increased services; and WHEREAS, this task will now become more difficult due to the State withholding, from localities, its share of the Personal Property Tax Relief Act Reimbursement; and WHEREAS, the State's failure to reimburse on time its share ofthe Personal Property Tax Relief Act Reimbursement will result in Frederick County facing a financial crisis, which could result in a revenue shortfall 01'$7.2 million or more in FY 2006. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors finds the State's practice of withholding its share ofthe Personal Property Tax Relief Act Reimbursement combined with freezing the County's eligibility for reimbursement to be an extreme disregard for the needs of not only Frederick County, but all of the 41 other localities in Virginia that collect personal property taxes semi-annually and the citizens dependent upon the services rendered by local government. Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 152 BE IT FURTHER RESOLVED, that this Board does hereby implore our state-level representatives to responsibly address this looming fiscal calamity by releasing the State's share of the Personal Property Tax Relief Act Reimbursement to the localities and unfreezing the eligibility for local reimbursement in 2006. ADOPTED this 12th day of October, 2004. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the Board authorized the Chairman to contact the area legislators and request that they patron a bill, which would enable counties, through local option, to enact a real estate transfer tax in lieu of cash proffers. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye RESOLUTION (#023-04) DEDICATING SOUTH WARRIOR DRIVE TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOn FOR INCLUSION INTO THE STATE HIGHWAY SYSTEM. - APPROVED UNDER CONSENT AGENDA WHEREAS, the road described below provides access for school bus traffic from State Route 277 to Sherando High School, a public school; and WHEREAS, construction of the road is complete and meets standards, deemed by the Virginia Department of Transportation, appropriate for the traffic anticipated; and WHEREAS, construction was financed by sources other than those administered by the Virginia Department of Transportation; and WHEREAS, the School Board of Frederick County and the Frederick County Board of Supervisors hereby guarantee a right-of-way of 30' and additional drainage and slope easements as necessary for maintenance of the road; NOW, THEREFORE, BE IT RESOLVED, the School Board of Frederick County and the Frederick County Board of Supervisors, pursuant to Section 33.1-68 Code of Virginia, request the following road be added to the Secondary System of State Highways: Name of Road: Warrior Drive Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 153 Length: 0.19 mile From: Route 277 (South side of road across from Warrior Drive, Route 719) To: 0.19 mile south Route 277 Plat Recorded, Date: 10/1/91, Deed Book 766, Page 897. BE IT RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED this 12th day of October 2004. This item was approved under consent agenda. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT- APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on September 21,2004. Members present were: Charles Sandy, Steven White, Ronald Madagan, Michael Ruddy, Cheryl Swartz, Robert Hartman, P. W. Hillyard, III, Lynda Tyler. Submitted for Board Information Only: 1. 2006 CIP Recommendations - The Buildings and Grounds Committee recommended the Commission approve the Department's CIP priority request for 2006, second by Mr. Ruddy, carried unanimously (7-0). 2. Finance/Fees and Charl!:es Committee - The Finance Committee recommended the Commission approve fee rate changes for fiscal year 2005-06, second by Mr. Ruddy, carried unanimously (7-0). PUBLIC SAFETY COMMITTEE REPORT - NO ACTION TAKEN The Frederick County Public Safety Committee met Thursday, October 7, 2004. Committee members present were: Committee Chair Barbara Van Osten, Frederick County Fire & Rescue Director Gary DuBrueler, Michael Hockman, Helen Lake, Bill Ewing, Hans Nydam, also in attendance were LeeAnna Pyles, Cindy Soltis of the John O. Marsh Institute for Government and Public Policy. The following items were discussed: ***Items Not Requiring Action*** 1. The first item on the agenda was open to all county department heads as well as the Public Safety Committee members. Tele- Works, Inc. provided a presentation on their Evision and First Responders product. This provides the public with notification of their choosing. This may include but is not limited to emergency notifications, street closings, weather statements, school closings, etc. These notifications are available through fax, phone, cell phone, web, TDD/TTY, email.pagers.andPDA.s.This system houses the ability to provide the public with information on all county departments. As well as provide an outlet for the County to collect utility payments, tax payments and past due accounts. The cost for the system would range in the mid $30,000.00. This would support Evision, 8 ports, and the First Responder programs. Each database added would cost approximately $20,000- $25,000.00. 2. Storm assessments from last month's tornadoes and rains were discussed. The estimated damage was priced at $2,000,000.00 to $2,500,000.00. The first storm was categorized as an F2 storm with winds of 115+. This storm covered an approximate distance of 5 miles. The second storm covered approximately 9 miles. Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 154 3. There was no request made for any changes on the draft of the Emergency Preparedness web page. ***Items Requiring Action*** 1. The After-Action Report from the Terrorism Response Table Top Exercise was reviewed. The general consensus was the exercise was generaIly good though it was apparent that this was the first time many of the participants had to deal with this type of scenario. The Committee agreed to have Gary DuBrueler, Barbara Van Osten, and John Riley discuss the report and to decide the next step in evaluation and training. Meeting Date: The next meeting ofthe Public Safety Committee will be November 4,2004 at 2:00 P.M. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED The Code & Ordinance Committee met on Tuesday, October 5, 2004,at 3:00 P.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were chairman ofthe committee Supervisor Gary W. Dove, Supervisor Bill M. Ewing, Stephen G. Butler, and Michael L. Bryan. Also present were Deputy Director of Public Works Joe Wilder, Bio-Solids Monitor Laura Shifflett, County Attorney Lawrence R. Ambrogi and County Administrator John R. Riley, Jr. The committee submits the following: ***Items Requiring Board Action*** 1. Bio-Solids Ordinance - To Be Scheduled for Public Hearint!: The Committee discussed the proposed addition of a Bio-Solids Ordinance to Frederick County Code. The proposed legislation would regulate the land application ofbio-solids as well as allow the County to assess a fee to cover staff time for administering this program. The proposed ordinance would give the County a local presence with regard to not only monitoring the land application ofbio-solids but assisting with citizen concerns and complaints as well. The Committee reviewed the ordinance and made some editorial changes. After further discussion, Committee unanimously recommended approval of the Bio-Solids Ordinance, as amended, and forwarded this item to the Board of Supervisors for public hearing and with a recommendation for approval. Upon a motion by Supervisor Dove, seconded by Supervisor Tyler, the Board approved setting this amendment for public hearing by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on September 15,2004 at 8:00 A.M. Committee members Ronald Hottle and EIIen Murphy were absent. 1. The County Administrator requests a General Fund budget transfer in the amount of $22.371.50. This amount is needed to purchase a document imaging system and is requested to be Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 155 appropriated from the operational contingency line item to the Board's ADP Equipment line item. No additional local funds are needed. See attached memo, p. 1-4. The Committee recommends approval. Committee member Richie Wilkins voted against this request. - Approved Upon a motion by Chairman Shickle, 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye 2. The Director of Information Services requests a General Fund supplemental appropriation in the amount of$2.000. This amount represents funds remaining from FY 2004 and is requested to purchase a software package to be used by several departments. See attached memo, p.5. The Committee denied this request. - Denied Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the Board denied 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye 3. The Director of Public Works requests a General Fund supplemental appropriation in the amount of$7l9.25. This amount represents a carry-forward to pay a bill that was received in late July for a vehicle radio that was ordered in June. See attached memo, p. 6-7. The Committee denied this request. - Denied Upon a motion by Chairman Shickle, seconded by Supervisor Ewing the Board denied 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye 4. The Executive Director of the Discovery Museum requests a General Fund supplemental appropriation in the amount of$25.000. This amount represents a donation request for FY 2005 that was overlooked by the Museum during the budget process. Additional local funds are necessary. See attached memo, p. 8-9. The Committee recommends approval. Committee member Gary Lofton voted against this request. The Committee also requested that financial information be provided by the Museum. - Appr~ved Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the Board approved Minnte Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 . 156 I 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye 5. The School Finance Director requests a School Operating Fund supplemental appropriation in the amount of$70.395.l2. This amount represents a carry-forward for SOL Algebra Readiness and SOL Remediation program funds. See attached memo. The Committee recommends approval. - Approved Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Ayc Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye 6. The School Finance Director requests a School Capital Proiect Fund supplemental ap.vropriation in the amount of $845.104.85. The amount represents a carry-forward from the School Operating Fund and is requested to be used for two additional school buses and repairs to three schools. This item will require a public hearing. See attached memo. The Committee denied this request. Committee member Forrester voted against the denial. - Denied Chairman Shickle moved that the Board deny the above request. The motion was seconded by Supervisor Ewing. Chairman Shickle asked the School Board representatives if they wished to make a presentation on this request. Rick Howett, Chairman of the Frederick County Public Schools' Finance Committee, advised that similar carry-over funds had been used previously for one time expenses, such as repairs. He stated that these funds would not be used for operating expenses or recurring expenses. He urged the Board to approve this request. Larry VanHoos, member of the Frederick County Public Schools' Finance Committee, advised that this carry-over request represented 1.4% of the entire school operating budget. He stated that ifthe schools would be pemlitted to use these monies now then there would be no need to request additional funding later in the year. He advised that the roof at Middletown Elementary School had been an outstanding project since 2000. He went on to say that the School currently Minute Book Number 30 Board of Supervisors Regular Meeting or 10/12/04 157 spends $20,000/year for pump and haul service at Stonewall Elementary School. Supervisor Tyler advised that she had a lot of concerns about some ofthese issues. She felt that by denying this request the Board was not only penalizing the School for good fiscal management, but they were also penalizing the citizens of Frederick County. She went on to say that she supports a number of the projects being requested and was especially concerned about the pump and haul at Stonewall Elementary School. She concluded by saying that school buses have to be maintained and there is a need to do maintenance on the school buildings. Vice-Chairman Van Osten agreed with Supervisor Tyler and stated that the School Board was being fiscally responsible. She went on to say that she felt the carry-over funds should be used for these one time projects and she urged the Board to support the School's request. Supervisor Ewing called for greater oversight and accountability in the Public Schools' spending. He went on to say that the Board needs to exercise this oversight and the Board has a responsibility to oversee the School's spending. He went on to say that the Board should participate in the School's budget process. He concluded by saying that he would not vote for new school spending until the School Board complies with the oversight request. Supervisor Dove agreed that the items needed to be repaired, but felt that ifthere was money left over last year then there would be money left over this year and he did not see any problem with the money being found in the 2004-05 budget to cover these costs. Supervisor Forrester advised that she had voted to support this request when it came through the Finance Committee. She went on to say that she felt the School Board was capable of handling their own budget. Vice-Chairman Van Osten stated that the School Board was elected by the citizens and she believed the members were responsible when it came to their budget. Supervisor Tyler advised that if the Board would fully fund the Schools each year then this would not be an issue. She concluded by saying that the Board should reward the Schools for their fiscal management. There being no further discussion, the Board denied the School Board's request by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Nay Minute Book Number 30 Board of Supervisors Regular Meeting of 10112104 158 Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Aye Aye Aye Nay Nay 7. The School Finance Director requests a School Construction Fund cash transfer in the amount of $534.395.12. This amount represents a carry-forward from the School Operating Fund and is requested to be used to fund the Stonewall water and sewer connection and purchase furniture and equipment for the Admiral Byrd Middle School. This item will require a public hearing. See attached memo. The Committee denied this request. Committee member Forrester voted against the denial. - Denied Upon a motion by Chairman Shickle, seconded by Supervisor Dove, the Board denied the above request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Nay Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A Forrester Nay Lynda J. Tyler Nay 8. The School Finance Director requests a School Construction Fund supplemental appropriation in the amount of $17.619.748.93. This amount represents carry-forwards in construction fund projects and includes the additional $2.1 million increase to the 11 th elementary school. This item will require a public hearing. See attached memo. The Committee recommends approval. - To Be Scheduled for Public Hearing Upon a motion by Chairman Shickle, 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye ***For Information Only*** Attached are letters of appreciation for Frederick County's FY 2005 contributions to the Northern Virginia 4-H Educational Center, Metropolitan Washington Ear, and First Night Winchester. PLANNING COMMISSION BUSINESS OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #09-04 - HAMILTON COURT - APPROVED Planning Director Eric Lawrence appeared before the Board on behalf of this application. Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 159 He advised that this was a master development plan request for Hamilton Court. The property is located on Fairfax Pike (Route 277) between Georgetown Court and Lexington Court. The developer is proposing 45 townhomes and 1 single-family dwelling on 6.5 acres. The development will contain a public street as well as private drives and a parking lot. The existing house located on Fairfax Pike will be situated on a 12,000 square foot lot. The applicant has established a road buffer and proposes to construct the storm water management system underground. Director Lawrence advised that two residents of Lexington Court spoke at the Planning Commission meeting and expressed concerns about storm water management. He went on to say that the proposed development would relieve some of the drainage issues on Lexington and Georgetown Courts. There were no outstanding agency comments and the Planning Commission recommended approval. He concluded by saying that Tim Painter, Painter-Lewis, was present on behalf of the applicant. Tim Painter, Painter-Lewis, appeared before the Board on behalf of the applicant. He advised that the applicant has proposed a 20-foot area around the project to collect the water from Georgetown Court. The applicant has also worked with the residents of Lexington Court to obtain the necessary easements. Mr. Painter went on to say that the Parks and Recreation Department asked that a bike trail be placed at the rear of the property; however, the applicant has made provision for a trail on the front of the property along Route 277 for a possible future need. Supervisor Ewing stated that he wanted assurances from the developer that there would not be any water problems on the development or adjoining properties. Mr. Painter responded that the applicant has done all he could to address this problem. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved Master Development Plan #08-04. Supervisor Fisher stated that he believed this project enhanced the area and alleviated a nasty water problem. There being no further discussion, 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 Gene E. Fisher Aye Gina A. Forrester Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 160 Lynda 1. Tyler Aye DISCUSSION OF SEWER AND WATER SERVICE AREA EXPANSION REOUEST OF EASTGATE COMMERCE CENTER - TO ADVERTISE FOR PUBLIC HEARING THE REOUEST AS AMENDED BY STAFF Senior Planner Susan Eddy appeared before the Board on behalf of this application. She advised that this was a Comprehensive Policy Plan Amendment to expand the Sewer and Water Service Area by 35 acres. The property is located in the Armel area in the Shawnee District. The property is zoned M-I (Light Industrial), B-3 (Industrial Transition), and B-2 (Business General) Districts. Senior Planner Eddy advised that the Frederick County Sanitation Authority would be able to serve the subject parcels and that expansion of the Sewer and Water Service Area would facilitate replanning ofthe area for industrial/commercial use. She went on to say that this proposed expansion would not be for residential use. Senior Planner Eddy explained that there was some discrepancy between the Sewer and Water Service Area boundary identified by the applicant and the staff. She stated Staff was unable to find any record ofthis boundary being expanded to include the Home Depot Distribution Center and the entire Eastgate Commerce Center. She went on to say that adoption of this request would clarify the boundary's location. Senior Planner Eddy went on to say that staff was proposing to expand the Sewer and Water Service Area boundary to include parcels planned for industrial/commercial use in order to resolve any uncertainty of the boundary. She concluded by saying that the Comprehensive Plans and Programs Subcommittee was generally supportive of this application, the Planning Commission was supportive of the application and staff s recommendation, and it was before the Board this evening for a discussion item. She advised that Chuck Maddox, Patton, Harris, Rust & Associates, was present on behave of the applicant. Supervisor Forrester asked about the status of the Route 277/522 triangle study. Senior Planner Eddy responded that the study had not yet started. Supervisor Forrester asked if there was any advantage to having the study completed before making the adjustment. Supervisor Dove stated that he would like to see the study completed rather than doing these requests piecemeal. Supervisor Ewing moved that the Board authorize the advertisement of the applicant's original request to expand the Urban Development Area and the expansion ofthe Sewer and Water Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 1 61 Service Area as modified by the Planning Department. The motion was seconded by Supervisor Dove. Senior Planner Eddy advised that the applicant's original request was to expand the Urban Development Area and the Sewer and Water Service Area, but the Urban Development Area expansion failed when considered at the Board's July 12,2004 joint work session with the Planning Commission, and Comprehensive Plans and Programs Committee. She stated that staff was asked to look at the Sewer and Water Service Area expansion only. Supervisor Ewing advised that he considered it good planning as both properties were owned by the applicant. Chuck Maddox, Patton, Harris, Rust, & Associates, appeared before the Board on behalf of the applicant. He advised that the rezoning of this property was to be accompanied by sewer and water service. He stated that this request was a house keeping exercise. Mr. Maddox explained that the Urban Development Area expansion included the addition of approximately 80 acres of proposed in-fill. The roads and water and sewer have been paid for through developer commitments. Mr. Maddox advised that he had studied this area for some time and was glad to have the opportunity to bring this request forward. He went on to say that the proposed use of the land would be discussed at a public hearing. He concluded by saying that the applicant was also represented by legal counsel, Mr. Clay Athey. Supervisor Ewing stated that approving this advertisement meant that both issues would have to go back to the Planning Commission for public hearing. Senior Planner Eddy advised that ifthe Urban Development Area expansion was approved then the application would have skipped the Comprehensive Plans and Programs Subcommittee and the Planning Commission discussion and review. Vice-Chairman Van Osten advised that she would like to take the two items separately. She was supportive ofthe Sewer and Water Service Area, but wanted more time to consider the Urban Development Area expansion. Mr. Maddox stated that the long-term planning for the area is commercial and industrial. Mr. Athey advised that the original application asked for the expansion of the Urban Development Area and he wanted to be put in a situation where both items would be advertised for Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 162 public hearing. He concluded by asking the Board to consider this request. Chairman Shickle was not sure that the new review process that is in place for these amendments was a smart way to do business. Administrator Riley advised that the policy included language that would allow the reconsideration of applications, if a board member wished to reconsider a particular application then the Board could vote to do so. Supervisor Tyler stated that if a board member felt strong enough about a project to bring it forward for reconsideration that it would be a good idea to let the other members know. She agreed that the Board should have the prerogative to address applications mid-year if necessary. Vice-Chairman Van Osten asked if the process needed to be clarified in general. Supervisor Dove stated that if this issue comes up again, the supervisor seeking reconsideration would be better served in letting the other know what he/she is doing. Supervisor Fisher advised that he had a problem with this joint request. Hc felt there were a lot of Urban Development Area issues to be looked at, but he did support the Sewer and Water Service Area expansion. He concluded by saying that he could not support the Urban Development Area expansion in this request. Supervisor Forrester stated that the supervisor who patrons any reconsideration or new applications should be the supervisor in whose district the change may occur. Vice-Chairman Van Osten advised that she would like to have more time to look at this Issue. Mr. Athey stated that the applicant was willing to work with the Board and he would have no objection if the Board wanted to send the Urban Development Area expansion back to the Comprehensive Plans and Programs Subcommittee. Mr. Maddox stated that he did not think this request was premature and he had not heard anyone say this request was a bad idea. Supervisor Forrester stated that if the Board considered this Urban Development Area expansion request as an individual case then they would be going backwards from the new policy. She went on to say that she thought the Route 277/522 triangle study needed to be completed prior to the Urban Development Area expansion. Minute Book Number 30 Board of Supervisors Regular Meetiug of 10/12/04 163 Supervisor Tyler stated that she was supportive of the Sewer and Water Service Area expansion, but she would need to look at the Urban Development Area expansion along with the triangle study. Supervisor Van Osten moved that the Board amend the original motion to consider the applications separately. The motion was seconded by Supervisor Tyler. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Barbara E. Van Osten Aye Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye The Board approved to advertise for public hearing the request to expand the Sewer and Water Service Area, as amended by staff, by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye The request to advertise for public hearing the approximately 80 acre expansion ofthe Urban Development Area and Sewer and Water Service Area that had been denied originally by the Board at its July 12,2004 work session failed by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Nay Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Nay Gina A. Forrester Nay Lynda J. Tyler Nay The Board directed staff to study the Route 277/522 triangle in conjunction with the Urban Development Area study. The majority consensus was to have this completed within twelve months. DISCUSSION OF ORDINANCE AMENDMENT ADDING LOCAL GOVERNMENT SERVICES OFFICE USE IN THE RA (RURAL AREAS) ZONING DISTRICT - TO BE ADVERTISED FOR PUBLIC HEARING Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf of this application. He advised that the Development Review and Regulations Subcommittee at its Minute Book Nnmber 30 Board of Supervisors Regular Meeting of 10/12/04 164 September 23, 2004 meeting discussed adding local government services office use as a permitted use in the RA Zoning District. He stated that Section 165-50 of the Frederick County Zoning Ordinance currently allows schools, post offices, fire and rescue stations, and public utilities. Local government services offices would be owned, leased, or operated by Frederick County for services to the public in general. Staff has included a definition of this proposed use and current permitted RA uses. Zoning Administrator Cheran advised that the Planning Commission discussed this proposed amendment at its October 6, 2004 meeting and was in favor of the amendment as presented. The proposed amendment was being presented to the Board for discussion. He concluded by saying that staff recommended the addition of the proposed amendment to the Frederick County Zoning Ordinance, Section 165-50. Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Van Osten, the Board recommended sending the amendment forward for public hearing. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye DISCUSSION OF ORDINANCE AMENDMENT - OPEN SPACE REQUIREMENTS IN THE RP (RESIDENTIAL PERFORMANCE) DISTRICT - BOARD DIRECTED FURTHER STUDY Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf of this item. He advised that the Development Review and Regulations Subcommittee at its September 23, 2004 meeting discussed revisions to the Open Space requirements within the RP (Residential Performance) District. This amendment would provide an opportunity for the property owner/land design team to reduce the required open space by 50 percent, if significant recreational amenities are provided for the development project. The gross density requirements per Sections 165-62 & 62.1 of the Frederick County Zoning Ordinance would not change as a result of this proposed amendment. He went on to say that staff had been approached by Greenway Engineering to consider clarifications or reductions in the required open space in larger residential mixed-use projects. After discussions with Greenway to better understand their concern, an ordinance proposal Minute Book Number 30 Board of Supervisors Regular Meetiug of 10/12/04 165 was drafted that achieved their goals while providing additional recreational amenities to the future residents of the project. Zoning Administrator Cheran advised that the Planning Commission discussed this amendment at its October 6, 2004 meeting and was in favor of the amendment as presented. He concluded by saying that this item was before the Board as a discussion item. Mark Smith, Greenway Engineering, appeared before the Board on behalf of this item. He advised that a lot of the questions and concerns could be handled through the definition. He then reviewed the background of this proposed amendment. Mr. Smith stated that one needs to review the scenarios proposed with the amendments in order to understand what the ordinance says. He stated that the Planning Commission had expressed concern about the proposed density increase. Chairman Shickle and Supervisor Dove did not believe this proposal was ready to go forward for public hearing. Supervisor Forrester felt the definition/explanation of accessibility needed more work. Administrator Riley suggested that this might be an item for a worksession. The Board agreed and asked staff to make the necessary arrangements. PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #20-04 OF STEPHEN AND JESSICA SWIGER FOR A LANDSCAPE CONTRACTING BUSINESS. THE PROPERTY IS LOCATED AT 4552 MARTINSBURG PIKE (ROUTE 11 Nt AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 33-A-26 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Planner I David Beniamino appeared before the Board on behalf of this application. He advised that this was a Conditional Use Permit application for a landscape contractor business. This use is allowed in the RA (Rural Areas) District with an approved Conditional Use Permit. The property is located on Route 11 in the Stonewall Magisterial District. The applicant is proposing to utilize an existing 35 W x 45 Y2' structure for storage of equipment, stock, etc. There will be no retail sales on the site. Planner I Beniamino advised that there were no negative agency comments. The Planning Commission recommended approval ofthe application with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than eight employees, five business vehicles, and three trailers shall be allowed on site as a part of this conditional use permit. 3. Any expansion or change of use, including any increase in number of employees or equipment, will require a new conditional use permit with an engineered site plan. Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 166 4. No sale of nursery stock will be allowed on site. 5. Screening consists of either a six-foot opaque fence or a double row of evergreens shall be planted in order to screen all materials and vehicles from adjacent properties. 6. Piles of dead grass clippings, brush, and/or tree trimmings shall be stored within a four- sided, opaque-fenced area or disposed off-site. Mr. Stephen D. Swiger, applicant, appeared before the Board on behalf of this application. He advised that the majority of the property was screened by an existing building. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved Conditional Use Permit #20-04. 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 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye BOARD LIAISON REPORTS Supervisor Tyler reported that the Parks and Recreation Department received two state awards at the recent Virginia Recreation and Park Society Annual Conference. Frederick County's Summer Activities Brochure was recognized as the State's best promotional piece for localities with a population of 50,000-100,000. The Parks and Recreation website was voted most outstanding web site among localities with a population of 50,000-1 00,000. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Vice-Chairman Van Osten congratulated G. E. on receiving an award for environmental stewardship. Chaimlan Shickle reviewed the rcassessment process as well as the appeal process. Administrator reviewed the tax relieffor the elderly and disabled. Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12/04 167 ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY VICE-CHAIRMAN VAN OSTEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:05 P.M.) ~~~~ Richard C. Shickle Chairman, Board of Supervisors ~-<I- Jo . Riley, J . Clerk, Board of Supervisors Minutes Prepared By: ~ [,}~ Jay. bs Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 10/12104