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HomeMy WebLinkAboutNovember 28, 2006 Work Session 178 A Worksession of the Frederick County Board of Supervisors was held on Tuesday, November 28, 2006, at 4:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. BOARD MEMBERS PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gary W. Dove; Philip A. Lemieux; and Barbara E. Van Osten. ABSENT Vice-Chairman Bill M. Ewing (Arrived at 4:15 P.M.) and Gene E. Fisher (Arrived at 4:25 P.M.). CALL TO ORDER Chairman Shickle called the worksession to order. RURAL AREAS eRA) STUDY Chairman Shickle then turned the presentation over to Planning staff to discuss Transfer of Development Rights and Transportation Impact Fees. Senior Planner Susan Eddy gave a brief explanation of the Transfer of Development Rights. She explained that the State Code was amended to allow localities to implement a "TDR" program. The county needs to designate areas to preserve and this program would allow dcvelopment rights within that area to be transferred to areas of more density. She stated this program was doable. She explained that it was quite acceptable to find people willing to send their density to another area, but it was more difficult telling people they would be recciving that density. Chairman Shickle asked how the value of those rights would be established. Senior Planner Eddy statcd the market would set the value; however, the county could also set the value. She went on to say that the locality could not force someone to sell their development rights. Any rights that were sold would be recorded in the courthouse. Assistant County Administrator Tierney advised that there would be deed restrictions, which state if the rights are given up then they are be given up in perpetuity. Chairman Shickle asked staff to research when the development rights for a piece of property get determined and if they could change over time. Supervisor Van Osten asked for a scenario when this would be used. Minute Book Number 32 Board of Supervisors Worksession with Planning to Diseuss the Rural Areas (RA) Study and Meeting with the School Board of 11128106 179 Senior Planner Eddy responded that it would be up to the Board and, at this time, there is no hierarchy of areas in the Rural Areas for preservation. Planning Director Eric Lawrence advised that the structure of the RP (Residential Pcrformance) District would have to be changed to create an incentive for people to buy development rights. Supervisor DeHaven stated that, on the surface, this might be a useful tool for the County; however, he would like to see stafflook at the concepts and identify pitfalls. He went on to say that he sees the Urban Development Area as the overall receiving area. He stated that he would also like for staff to look at transfer of development rights within the UDA in order to secure public service acreage. Senior Planner Eddy offered two cautions. She advised that under this program the Board could not negotiate road improvements or proffers. Chairman Shickle stated that it did not seem the math worked out on this program. Senior Planner Eddy responded that today this type ofprogram would be hard to set up and delineate. Supervisor Lemieux stated that he thought this program would work for the rural community centers. Senior Planner Eddy stated that there was a need to consider utilities in the rural community centers. Chairman Shickle asked if the property could be used for commercial development. Senior Planner Eddy responded that commercial uses could be done in the receiving area. Assistant Administrator Tierney advised that the Code section was very short and left a lot of unanswered questions. Chairman Shickle stated that it would be good for staff to develop some scenarios to help illustrate what we are trying to achieve. He went on to say that this was somehow oversimplified and there were school issues that needed to be considered when this density gets transferred. He concluded by asking for three to five scenarios showing where we want to end up and how it happens. Supervisor Van Osten agreed with the Chairman's idea. She went on to say that she would Minute Book Number 32 Board of Supervisors Worksession with Planning to Discuss the Rnral Areas (RA) Study and Meeting with the School Board of 11128106 180 like to see the Rural Community Centers included. Supervisor Dove stated that he could envision a new elementary and middle school in Gainesboro with a community created around it. Administrator Riley advised this was a new tool and staff would set up scenarios to see if there is interest in using it. Supervisor DeHaven suggested the possibility of transferring rights from Rural Areas to Rural Areas. Chairnlan Shiekle asked staff to look into who introduced this legislation. Supervisor Van Osten stated that she would like to see how this relates to the UDA Study. Transportation Planner John Bishop appeared before the Board regarding Transportation Impact Fees. He advised that the County was enabled to develop impact fee service areas; however, there was a lot of structure that must be created to enact such a district. This includes: Establishment of a Transportation Impact Fee Committee. Designation of Impact Fee Service Areas. Expand the Eastern Road Plan to encompass the entire county and include those roads in the Capital Improvements Plan. He advised that the County Attorney was asked for an opinion on this issue, but it has not yet been received. Transportation Planner Bishop then cited areas of concerns, including the update of the fee; determination of the fee; and fees can only be used for primary roadways. He went on to say that staff would be focusing on the Rural Areas and it was his beliefthis could be handled in house; however, ifthe Board wanted to look at the entire county then the work would probably have to be outsoureed. He concluded by saying that if off-site road improvements are proffered and accepted as part of a rezoning request then impact fees could not be collected. Administrator Riley advised that, unlike the UDA, there is currently no mechanism in the Rural Areas to deal with road improvements. Chairman Shiekle asked if the Board could affect something in the Rural Areas and later apply it to the UDA. Administrator Riley responded correct. He went on to say that this was a way to get RA development to pay for itself in some way without rezoning. Minntc Book Nnmhcr 32 Board of Supervisors Worksession with Planning to Discnss the Rural Areas (RA) Study and Meeting with the School Board of 11/28/06 1 81 Chairman Shickle asked if a road plan would need to be created. Administrator Riley responded yes, but the secondary road plan could be used as a baseline. Transportation Planner Bishop agreed. Chairman Shickle asked if the roads in the RA are classified as roads in the UDA. Transportation Planner Bishop responded yes, they are classified by VDOT's standards. Chairnlan Shickle stated that the Board should endorse the plan before it is enacted. Administrator Riley advised the staff could set up a hypothetical district to see how it would function and how the fees would be used to maintain the roads, etc. Chairnlan Shickle stated that he would like to see stafflook at roads between Route 50 and Route 522, including dirt roads. Supervisor DeHaven stated that he would like to see the Board minimize staff s effort before deciding what we are doing. Planning Director Lawrence stated that staff would review the State Code to clarify whether the fee was payable at issuance of the building permit or at the subdivision plat approval stage. Chairman Shickle asked if there was an inflationary clause in the fee. Administrator Riley advised the Board that if the road is not built in a certain period of time then the County must give back those monies. Director Lawrence advised that the time period was seven years. Following the presentations on these two items, the Board discusscd the RA Study. Chairman Shickle advised that he had received comments from board members ranging from those that want to come away with something and others who would like to see the RA Study die. Supervisor Van Osten stated that a decision should not be made until the Board has an opportunity to review the scenarios and information provided today. She went on to say that the Board owes the public to come up with something and she felt the tools presented today would go a long way in accomplishing that goal. Chairman Shickle stated that he felt there needed to be a public statement that this item is not on the table now, because the public wants some sort of answer. Supervisor DeHaven stated that a lot of good thoughtful decisions have been made about this issue and the Board either needs to act and confirm or not act. He reviewed the matrix developed Minute Book Number 32 Board of Supervisors Worksession with Planning to Discuss the Rural Areas (RA) Study and Meeting with the School Board of 11/28106 182 by the Chairman and stated that he did not see a lot of controversy in the first two columns. He went on to say that most of the concems expressed had to do with column three. Chairman Shickle asked staff if the first two columns could be implemented. Senior Planner Eddy stated there would be some changes with regard to transportation and environmental review and set backs; however, the more controversial substance was in column three. Chairman Shickle asked for the Board's consensus to have staff study and tweak the first two columns. Supervisor Dove stated that he would like to come away with a recommendation and he agreed with columns one and two. Supervisor Van Osten stated that she would like to focus on columns one and two. Chairman Shickle asked if staff could work on the first two columns and bring a report forward to show the Board and the Board could make a decision at that time. Administrator Riley advised that the first two columns could be refined and brought back in a formal rcport, which would allow the Board to establish a comfort level as to how they want to procced. Chairman Shickle asked staff to look at columns one and two and if the Board likes what it sees then it would be sent to the Planning Commission. Supervisor DeHaven stated that he supported stafflooking at columns one and two and he would like forthcm to highlight those areas where additional work is needed before implementation. Chairman Shickle asked when staff could have the report back to the Board. Director Lawrcnce responded two months. Vice-Chairman Ewing agreed with staff focusing on the first two columns. Supervisor Fisher agreed with columns one and two, but he felt the Board need to look more at preservation and secondary resources. Supervisor Lemieux stated that he could support columns one and two. Chairman Shickle asked staffto plot out a time table around the Planning Commission retreat to discuss the revised report. CLOSED SESSION WITH FREDERICK COUNTY SCHOOL BOARD Minute Book Number 32 Board of Supervisors Workscssion with Planning to Discuss the Rural Areas (RA) Stndy and Meeting with the School Board of 11/28/06 183 Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board convened into Closed Session pursuant to Virginia Code S 2.2-3711 a (3) to discuss the acquisition and disposition of property for public purposes. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Ir. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board came out of Closed Session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (3) the acquisition and disposition of property for public purposes were discussed. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye UPON A MOTION BY VICE-CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (6:45 P.M.) Minute Book Number 32 Board of Supervisors Worksession with Planning to Discuss the Rural Areas (RA) Study and Meeting witb the School Board of 11/28106 184 \2-JL-s. C&-Q~ Richard C. Shickle Chairman, Board of Supervisors Joh Cler Minutes Prepared By: ~f'~I:U~ Jay E. Ti s Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Worksession with Planning to Discuss the Rural Areas (RA) Study and Meeting with the School Board of 11128106