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December 13, 2006 Regular Meeting 185 A Regular Meeting ofthc Frederick County Board of Supervisors was held on Wednesday, December 13, 2006, at 6:30 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 Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-37] I A (7) to discuss legal issues. The above motion was approved by the following recorded vote: Richard C. Shick]e Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lcmicux Aye Barbara E. Van Osten Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board came out of closed session and reconvened in Regu]ar Scssion. 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 Fishcr, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (7) legal issues were discussed. The above motion was approved by the following recorded vote: Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 186 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 INVOCATION Reverend Joseph Roby, the People's Country Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that Tab Q - To Seek Funding from the American Battlefield Protection Program, a Program of the National Parks Scrvice, to Further the Preservation Efforts and Imp]ement the Resource Management Plan for the Historic Star Fort Site, has been canceled because no funding was available. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the agenda was approved as amended. 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 CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the consent agenda: Parks and Recreation Commission Report - Tab G; Landfill Oversight Committec Rcport - Tab H; Public Works Committee Report - Tab I; Road Resolution - Star Fort, Section 6 - Tab V Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Consent Agenda was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Aye Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 187 Charles S. DeHaven, Jr. Aye GaryW. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CITIZEN COMMENTS There were no eitizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the November 8, 2006 Regular Meeting 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 Supervisor Dove, seconded by V ice-Chaimlan Ewing, the Board approved the minutes from the November 28,2006 Work Session 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 COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR DECEMBER, 2006 (RESOLUTION #026-06) - APPROVED Chairman Shickle recognized Russell L. Carpenter, a Specialist with the Fire & Rescue Department, as the Employee of the Month for December 2006. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board approved the following resolution: RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Russell L. Carpenter Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 188 WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which cstablished the Employee ofthe Month award and candidates for this award may be nominated by any County employee; and WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and the County; and WHEREAS, Russell L. Carpenter, who serves as a Specialist with the Fire & Rescue Department was nominatcd for Employee of the Month; and WHEREAS, Russell L. Carpenter is deserving of this special recognition for showing exceptional dedication to his profession. Russell completed a 16 college credit course to become an Emergency Medical Technician - Intermediate level and continued to perform his normal daily duties with high proficiency. Russell has also worked diligently to develop a plan to implement the department's intranet system which will link the office with each eleven volunteer fire companies. Russell continues to perform these various tasks in a polite and friendly manner and always displays a positive attitude when asked of help. NOW, THEREFORE, BE IT RESOL VED, by the Frederick County Board of Supervisors this 13th day of December, 2006, that Russell L. Carpenter, is hereby recognized as the Frederick County Employee of the Month for December, 2006; and BE IT FURTHERRESOL VED, that the Board of Supervisors extends gratitude to Russell L. Carpenter for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that Russell L. Carpenter is hereby entitled to all of the rights and privileges associated with this award. The above resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Ayc Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE APPOINTMENTS CHERYL SWARTZ APPOINTED AS COUNTY REPRESENTATIVE ON THE SHENANDOAH AREA AGENCY ON AGING - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board appointed Cheryl Swartz to serve as County Representative on the Shenandoah Area Agency on Aging. This is a three year appointment. The above motion was approved by the following recorded vote: Richard C. Shicklc Bill M. Ewing Ayc Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 189 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gcne E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye ERIC LOWMAN NOMINATED AS RED BUD DISTRICT REPRESENTATIVE ON THE BOARD OF ZONING APPEALS - APPROVED Upon a motion by Supervisor Lemieux, seconded by Vice-Chairman Ewing, the Board nominated Eric Lowman as Red Bud District Representative on the Board of Zoning Appeals. This is a five year term, said term to expire December 31, 2011. 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 ROBERT W. WELLS NOMINATED TO SERVE AS MEMBER-AT-LARGE ON THE BOARD OF ZONING APPEALS - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board nominated Robert W. Wells to serve as Member- At-Large on the Board of Zoning Appeals. This is a five year term, said term to expirc December 31, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, II. Aye GaryW. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye DEREK C. ASTON AND DANIEL J. HESSE, JR. APPOINTED AS COUNTY REPRESENTATIVES ON THE CHAPTER 10 BOARD - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board appointed Derek C. Aston and Daniel 1. Hesse, Jr. as County representatives on the Chapter 10 Board. This is a three year appointment for each, said term to expire December 31, 2009. The above motion was approved by the following rccorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charlcs S. DeHaven, II. Aye Minute Book Nnmber 32 Board of Supervisors Regular Meeting of 12/13/06 190 Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised that the Commissioner of the Revenue has requested refunds for the following: Bank of NY (Trustees DCFS TRST) in the amount of$3,562.72 VAULT (GMAC Leasing) in the amount of $2,693.98 BMW financial Services NA, Inc. in the amount of$2,797.68 D&M Mechanical Contractors, Inc. in the amount of$3,869.80 He went on to say this request has been reviewed by the County Attorney and the refund appears to be justified. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above requested refunds by the following recorded vote: Richard C. Shiekle 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 RESOLUTION (#027-06) AGREEING TO THE ANNEXA TION OF PROPERTY OF SHENANDOAH V ALLEY LIME INTERMEDIARY AND SOUTHERN STATES WINCHESTER COOPERATIVE, INC. INTO THE TOWN OF STEPHENS CITY - APPROVED Administrator Riley advised this was a request from Shen-Valley Lime Intermediary, LLC and Southern States Winchester Cooperative, Inc. for the proposed annexation of 174.2236 acres, more of less, located in the Phase II Annexation Area, per the Voluntary Settlement Agreement between the Town of Stephens City and the County of frederick, Virginia, dated April 26, 2005. This request was reviewed by Mr. Richard Cranwell, attorney, for compliance with the Voluntary Settlement Agreement and he has advised that his questions had been adequately addressed and, if the Board has no objection, a resolution approving this request would be appropriate. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board approved the following Resolution Agreeing to the Annexation of Property ofShen-Valley Lime Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 191 Intermediary and Southern States Winchester Cooperative, Inc. into the Town of Stephens City: WHEREAS, the County of Frederick, Virginia, and the Town of Stephens City, Virginia, entered into a Voluntary Settlement Agreement dated April 26, 2005; and WHEREAS, this Voluntary Settlement Agreement was approved by a Special Three-Judge Court on June 25, 2005; and WHEREAS, the County of Frederick is in receipt of a request from Shen-Valley Lime Intermediary and Southern States Winchester Cooperative, Incorporated, for the annexation of 174.2236 acres, more or less, situate in the Phase II Annexation area, into the Town of Stephens City. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, has no objection to the annexation of property of Shen-Vallcy Lime Intermediary and Southern States Winchester Cooperative, Incorporated, into the Town of Stephens City pursuant to the Voluntary Settlement Agreement dated April 26, 2005, and approved by the Special Three-Judge Court on June 25,2005. ADOPTED this 13th day of December 2006. Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fishcr Aye Philip A. Lemieux Aye Barbara E. Van Osten Ayc MEMORANDUM RE: HOUSEKEEPING AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION, ARTICLE VIII, TAX ON PURCHASERS OF UTILITY SERVICE - APPROVED UNDER THE CONSENT AGENDA This was a memo from the Commissioner of the Revenue explaining that part of the local exchange telephone service tax ordinance was inadvertently omitted from the County Code during its recodification on December 9, 1992. She has requested that this language be placed back in the Codc in order to provide clarification of this section. Legal counsel revicwed this request and determined that a public hearing is not required as the omission of this section of the ordinance did not repeal same and it has therefore remained in full force and effect since its original adoption. This amendment was approved under the consent agenda. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER THE CONSENT AGENDA The Parks and Recreation Commission met on November 28, 2006. Members present were: Robert Hartman, P.W. Hillyard, Ill, Larry Sullivan, Cheryl Swartz, Martin Cybulski, Ronald Madagan, Charles Sandy, Jr., and Philip Lemieux. Items ReClUirinl!: Board of Supervisors Action: Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13106 192 1. None Submitted for Board Information Onlv: 1. Cosponsored Group Requests - Mr. Sandy moved that the Commission accept applications for cosponsorship from Frederick County American Little League Association, Frederick County National Little League Association, Blue Ridge Youth Soccer Association, American Legion, Apple Va1ley Soccer Club, second by Mr. Cybulski, carried unanimously (7-0). 2. Smoking Restriction Request - Mr. Madagan moved to prohibit the use of tobacco products within 50 feet of athletic complexes, playgrounds, and within the swimming pool areas, second by Mr. Sandy, carried unanimously (7-0). 3. FY 2007-2008 Budget Request - Mr. Sandy moved to accept the Department's operating budget request for 2007-08, second by Mr. Hartman, carried unanimously (7-0). Mr. Sandy moved to accept the Department's capital budget request for 2007 -08, second by Mr. Hartman, carried unanimously (7-0). 4. Sherando Park Trail Proposal - Mr. Sandy moved to recommend staff apply for a Department of Conservation and Recreation grant for a 2,000' trail for Frederick County Parks and Recreation Department and a 950' trail for Old Dominion Greens, second by Mr. Sullivan, carried unanimously. (7-0). Standin~ Committee Reports 1. Finance Committee - The Committee recommends the co-sponsorship ofthe Winchester Athletic Association, seconded by Mr. Hartman, carried unanimously (7-0). LANDFILL OVERSIGHT COMMITTEE REPORT - APPROVED UNDER THE CONSENT AGENDA The Landfill Oversight Committee met on Monday, November 27,2006 at 8:00 a.m. All committee members were present except for Stan Crockett and Timothy Coyne. The following items were discussed: 1. Proposed FY 07/08 Budeet The committee reviewed the proposed FY 07/08 budget for information. The proposed budget includes the following rate increases: I. Commercial from $40 to $45 per ton. 2. Construction/Demolition debris from $36 to $42 per ton. 3. Sludge from $12 to $24 per ton. 2. Landfill Proiects Updates a) New Convenience Center: The new citizens' convenience center is essentia1ly completed. The hoppers associated with the two (2) new compactors will be completed by December 8,2006. The dedication for the new site has been scheduled for December 13, 2006. b) New Cell Development: The Perry Engineering Company is currently completing the rough excavation for the new cell in the Municipal Solid Waste landfil1. It is anticipated that this work wi1l be completed by the end of February 2007. This installation of the liner system and leachate collection lines will follow the excavation phase. c) Leachate Treatment Upgrade: The leachate treatment upgrade is on schedule with an Miuute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 193 anticipated startup on or about December 4, 2006. 3. Manal!ement of Peter Paul Rilev Property The status of the main farm house on the property was discussed in detail. It was unanimously decided to mothball the dwelling by disconnecting the electric and draining the radiators. The permanent status of this dwelling will be decided at a later date. 4. Contaminated Soil The landfill staffhas been contacted by a consultant representing the Federal Mogul property located in Winchester, Virginia. They have requested permission to dispose of asbestos contaminated soil from this site at the Frederick County landfill. Staff has recommended that this request be denied. The committee endorsed this recommendation. 5. Stoplil!ht The construction of the new citizens' convenience site included the installation of two (2) new turn lanes at the entrance to the landfill. Even though these measures have eliminated backups on Sulphur Springs Road, it has created a potential sight disturbance problem and safety issue for cars/trucks exiting onto Sulphur Springs Road from the Landfill Road. The staff will meet with Virginia Department of Transportation representatives to determine if a permanent traffic light is warranted. 6. Landscapinl! Proiect The staff presented the idea of a competition between the local high school horticulture departments to provide a landscape design at the entrance to the landfill. The high school who wins the competition will receive a cash award and will oversee the installation of landscaping. The landfill will pay for the installation of the landscaping. 7. Decals Mr. Dave Ash raised the question concerning the future use of decals to deternline citizen cligibility to utilize the landfill. Currently, the decals are used to verify that the persons who are utilizing the landfill and convenience centers are residents within the landfill service area. Frederick County has plans to use a permanent decal. The City of Winchester will continue their current method of yearly decals. Clarke County is currently debating the future merits of decals. If they eliminate the decal system, a new method will be required to identify the citizens from Clarke County who utilize the landfill facilities. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER THE CONSENT AGENDA The Public Works Committee met on Tuesday, November 28,2006 at 8:00 a.m. All members were present. The following items were discussed: ***Items Not Requiring Action*** 1. FY 07/08 Budl!et The Director of Public Works presented the department budgets for FY 07/08. A budget summary is attached. After discussing each individual budget, the committee unanimously endorsed the proposed budgets. The budget package will be forwarded to the Finance Department on December 5,2006. FINANCE COMMITTEE REPORT - APPROVED Minute Book Nnmber 32 Board of Supervisors Regular Meeting of 12/13/06 194 Thc Finance Committee mct in the Board of Supervisors' Meeting Room at 107 North Kent Street on Wednesday, November 15,2006 at 8:00 a.m. Member Richie Wilkins was absent. Items 1,2, and 6 were approved under consent agenda. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Dove, the Board approved thc consent agenda 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 1. Frederick County Departmcnt of Social Services requcsts a General Fund supplemental appropriation in the amount of $5.888.15. This amount represents an auto elaim in which the vehiele was deemed totaled. No local funds needed. See attached memo, p. I. The committee recommends approval. - Approved Under Consent Agenda. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $74.042. This amount represents a technology grant for equipment. No local funds needed. See attached p. 2-6. The committee recommends approval. - Approved Under Consent Agenda. 3. The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $37.030. This amount represents estimated salary and fringe benefits for the addition of a Maintenance Supervisor position. The position has been approved by the Human Resource Committee. Additional local funds needed. See attached memo, p. 7- I 2. The Committee recommends approval. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supcrvisor Van Osten, the Board approved the above request by the following recordcd 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 4. The Registrar requests a General Fund supplemental appropriation in the amount of $1.261.40. This amount represents proceeds from the sale of dccertified voting machines and is requested to be appropriated to contractual services due to increasing vendor costs of conducting elections. No additional funds needed. See attachcd memo, p. 13. The motion was denied. - Denied. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board denied the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHavcn, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 195 Philip A. Lemieux Aye Barbara E. Van Osten Aye 5. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $30.000. This amount is needed to fund an engineering study related to drainage improvements in the Sunnyside area of the county. The request has been approved by the Public Works Committee. Additional local funds needed. See attached memo, p. 14-23. The Committee recommends approval. - Approved. Upon a motion by Vice-Chainnan Ewing, seconded by Supervisor Van Osten, the Board approved the above request 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 6. The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $4.200. This amount is payment for damages to the county's convenience sites. No additional funds needed. See attached memo, p. 24. The Committee recommends approval. - Approved Under Consent Agenda. 7. The Town of Stephens City requests the ownership of the old Stephens City School be conveyed to the town. Fund-raising and grant submissions for the renovations and restoration ofthe structures have become difficult due to the fact that ownership is not vested with the town. See attached memo, p. 25-26. The Committee requests a deed of conveyance be drafted. Said deed should more specifically describe the property and square footage of buildings to be conveyed. There should also be contained within the deed a reversionary clause whereupon said property would revert back to the Frederick County in the event it is used or sold for other than public purposes. It is the desire of the Committee that the Head Start program be permitted to continue utilizing this property. The request has been postponed awaiting documents requested above. 8. The Commissioner of the Revenue requests a General Fund supplemental appropriation in the amount of $8.889. This amount represents the funds needed to reorganize and promote current employees in the Personal Property Division. The request has been approved by the Human Resources Committee. Additional local funds needed. Sce attached infom1ation, p. 27-31. The Committec recommends approval. - Approved. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor Van Osten, the Board approved the above request 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 ***For Information Only*** 1. The Finance Director will provide a fund balance report after audit adjustments are received and posted. Minute Book Number 32 Board of Supervisors Regular Meeting 01" 12113106 196 TRANSPORTATION COMMITTEE REPORT The Transportation Committee met on Monday, November 27,2006 at 8:30 a.m. Members Present Members Absent Phil Lemieux (voting) James Racey (voting) Erie Lowman (voting) Darwin Braden (voting) Lewis Boyer (liaison) Chuck DeHaven (voting) Donald Breeden (liaison) George Kriz (liaison) ***Items Requiring Action*** 4. Survev Work for Brucetown/Hopewell Road Realhwment - Approved Staff reviewed a quote for services from Marsh and Legge Land Surveyors for the intersection of Bruce town /Hopewell Roads with Route II in the amount of$33,350.00. As you may be aware, the County has been working diligently on a solution for the misalignment of these roadways and the traffic concerns that exist and will be increasing as development continues along the Route 11 corridor. Those efforts have progressed to the point that it is appropriate to move to survey the location. After some diseussion regarding the park area and building that would be impacted, the Transportation Committee made the following motion: MOTION: MI. Braden, seconded by MI. Lowman To recommend that the Board allow staff access to the transportation budget item to pay for the quoted services by Marsh and Legge. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seeonded by Supervisor Dove, the Board approved the expenditure of$33,350.00 from the Transportation line item to pay for the quoted services from Marsh and Legge. The above motion was approved by the following recorded vote: Riehard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHavcn, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Ostcn Aye ***Items Not Requiring Action*** 1. Review of Proffers at Woodside Commercial Center Staff presented the following information regarding the proffer package of the Woodside Commercial Center: This item as seen below was reviewed and tabled at the October 23,2006 meeting of the Transportation Committcc. The applicant has gathered additional information on costs of improvements and per trip cost, which is attached. As relatcs to the overall approach, staff continues Minute Book Number 32 Board of Supervisors Regular Meeting of 12113/06 197 to have the concerns listed below and believes this item should be handled as a discussion item. While proffer review and comment would not typically be an item under the purview ofthe Transportation Committee, this item has been brought forth due to its attempt to address a transportation issuc in a way that has previously not been done in Frederick County. Spccifically, it is the per vehicle trip proffer detailed in item F, where incremental funds have been proffered rather than the roadway being constructed. These funds are targeted toward issues facing all future rezonings along that corridor. Most critical among those issues are intersections along and the widening of the Route 11 north corridor and the realignment of Route 672 (Brucetown Road). Clearly, this proffer alone would not resolve any of those issues, but would attempt to pay an incremental share. While staff is generally supportive of a cooperative effort to address the needs for the transportation issues in this area, there are the following concerns: I. Without additional analysis of the comprehensive planned uses and impacts along this corridor, it is difficult to assign what would be the proper "per trip" dollar amount to expectant rezonings. In addition, without determining that amount determining that amount relative to the improvement needs that further development of the corridor rcquires, there is the risk of setting a level that is insufficient for the needs, thus leaving the County with an insufficient road system upon build out. The protler, as written, would allow the businesses to be built regardless of whether full funding for the necded improvements to accommodate the additional traffic generated by that business had been receivcd. 2. The use of site plan as the trigger for the paymcnt of the proffered amount; the issue here is that if you were to tie this particular proffer to the site plan, the County would have little assurance of when those funds would become available. In a situation where the County would be relying on a group of proffers from different developcrs to address a particular issue, waiting until site plan to collect that proffer has the potential to cause delay in the needed improvements indefinitely. 3. The proposed concept fails to guarantee actual road improvements/construction, which is necessary to accommodate traffic generated by the rezoning. It is County policy that rezoning applications guarantee necded improvements in order to secure rezoning approval. Based upon the issues detailed above, it is the opinion of staff that this issue should be dealt with as a discussion of the possibilities of this approach and whether it is something the County should consider pursuing. After hearing this information, the Committee discussed the needed improvements and reviewed the proffer levels. The discussion then turned to whether the established mission of the Transportation Committee was to be rcviewing rezonings. Staff replied that it was their understanding that rezoning reviews were not part of the Committee's designated tasks unless otherwise specified by the Board of Supervisors. MOTION: Mr. Braden, seconded by Mr. Racey. To send this rezoning on to the Planning Commission with no recommendation. Motion passed unanimously. 2. Revenue Sharin~ Apnlication for Tevis Street Extension (This item shown as not for action due to the fact that it will be on the December 13 Board of Supervisors' agenda as an independent item.) Staff presented the proposed revenue sharing project for the Tevis Street Extension connecting the Russell 150 portion ofthat extension to Route 522. After some discussion ofthe cost of the project and the status of the revenue sharing program, the Committee took the following IVlinule Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 198 action: MOTION: Mr. Racey, seconded by Mr. Braden To recommend approval for staffto make application for revenue sharing funds for the Tevis Street extension. Motion passed unanimously. 3. Metropolitan Planninl!: Orl!:anization (MPO) Activitv Update Staff updated the committee with the following information: I. Bicycle & Pedestrian Mobility Plan The first public meeting was held on November 13,2006 from 4-7 pm. The meeting was quite successful in terms of some very intcrested citizens who came out to be involved and give feedback. 2. Local Assistancc Projects At the September 25, 2006 Committce meeting, staff updated the Committee on two projects that the MPO would be undertaking with the assistance of consultants. Both the (I-81/Route 37/Route II/Shady Elm) and the Route 11 access/corridor management study are still being worked on by the steering committee and at this point, it appcars they will both be able to be completed without commitment offunds by the MPO; however, the MPO Policy Committee has made $50,000 available for the eventuality that additional funds are needed. In light of the cost savings that have been achieved, the MPO Technical Committee, on which the County is represented by four staff members including the transportation planner, will be reviewing the adopted list of technical assistance projects and considering new projects for addition to the list in an etTort to recommend new local technical assistance projects to undertake. 4. Article Distribution Staff regularly disseminates transportation related items from state and nationwide outlets to the committee for informational purposes. 5. Other Business Planning Commissioner Gary Oates was present at the meeting and stated that he had been contacted by a number of citizens in the area regarding a safety issue occurring at the Taco Bell entrance on Welltown Pike near its intersection with Route 11. He provided a drawing illustrating a potential remedy involving placcment of a median along that section of Well town Pike that would eliminate the left turn movements that were leading to the accidents in question. The committee discussed the proposed solution and potential other solutions at length before directing staffto work with VDOT, police, and local property owners to come up with proposed long and short term solutions to the safety issue to bring back to the committee. PLANNING COMMISSION BUSINESS PUBLIC HEARING - CONDITIONAL USE PERMIT #11-06 OF DAWSON & ROBANN RIGGLEMAN TO RE-ESTABLISH THE RIGHT TO HAVE HORSES ON THE PROPERTY. THE PROPERTY IS LOCATED AT 120 LONGCROFT ROAD. AND IS IDENTIFIED WITH PROPERTYIDENTlFICA TION NUMBER 64-A-44 IN Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13106 199 THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised that this was an application for a conditional use permit to establish a legal non-conforming use located at 120 Longcroft Road. The property is zoned RP (Residential Performance) and is an 8 acre residual property from a subdivision created in 1950. The property owner sought a permit to construct a barn for horses. The Planning Department received a complaint and found that horses were not appropriate based on the property's zoning. The applicants' have provided an affidavit stating they have lived in the vicinity of the property since 1959 and that animals were housed on the property as evidenced by a barn and various sheds. Director Lawrence concluded by saying that the applicant was seeking a grant of a conditional use permit to allow this use to continue. The Planning Commission and staff recommended the following conditions: 1. No more than a total of five equine shall be on the property at anyone time. 2. The equine shall be rotated between fenced areas in an effort to minimize odor and insect impacts on the adjacent residences. 3. Equine manure shall not be stockpiled nor spread within 40 feet of any property boundary line. 4. Any modification or expansion of this use will require a new conditional use permit 5. Only equine shall be permitted on the property. He concluded by saying that the Planning Commission recommcnded approval of this request. Ben Butler, attorney for the applicants, appeared before the Board and stated that hc would be glad to answer any questions. He also noted that there were several supporters present as well. Rose Stine, 124 Longcroft Road, stated that she had lived at her residencc for 26 Yz years and has not bothered any of her neighbors; howcver, this issue has upset her very much because of the thought of the little girl losing her horses. She enjoys seeing the "beautiful horses" and statcd there was no smell in the summer time. She concluded by saying that she hopes the Board approves this permit. Deanna Lear, Shawnee District, stated that allowing the horses would be a positive for the ncighborhood and she was not opposed to this application. Bill Holbrook, 112 Longcroft Road, advised that his property adjoined the Riggleman's and he enjoyed seeing the horses. He went on to say that he would hate to see anything happen to them. Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 200 Ginger Woodward, 123 Longeroft Road, stated that she enjoyed seeing the horses and would hate for them to go. There being no further eomments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved Conditional Use Permit #11-06 with conditions 1,3,4, and 5. Supervisor Van Osten asked, if condition #2 was the genesis of the eomplaint, would there be a problem approving the permit without including it? Director Lawrence responded that condition #2 was proposed beeause the issue was raised; however, this was a legislative aetion and it could be approved without that condition. There being no further discussion, 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 PUBLIC HEARING - REZONING #15-06 OF ROCK HARBOR GOLF COURSE, SUBMITTED BY GREENWAY ENGINEERING, TO REZONE 58.08 ACRES FROM EM (EXTRACTIVE MANUFACTURING) DISTRICT TO RA (RURAL AREAS) DISTRICT, WITH PROFFERS, FOR GOLF COURSE EXPANSION. THIS PROPERTY FRONTS ON THE SOUTH SIDE OF ROUND HILL ROAD (ROUTE 803) AND ON THE EAST SIDE OF WOODCHUCK LANE (ROUTE 654), ADJACENT TO SECTION THREE AND SECTION SEVEN OF THE ROSCOMMON SUBDIVISION AND THE EXISTING ROCK HARBOR GOLF COURSE, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 52- A-256 IN THE BACK CREEK MAGISTERIAL DISTRICT. - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised that this was a request to rezone 58.08 acres from EM (Extractive Manufacturing) District to RA (Rural Areas) District, with proffers. The entire parcel is 426 acres; however, the application is only to rezone 58 acres. The applicant is seeking this rezoning in order to expand the existing Roek Harbor Golf Course. The site is loeated outside of the Urban Development Area and Sewer and Water Service Area and is surrounded by RA (Rural Areas) Distriet property. Senior Planner Eddy stated it would be beneficial ifthe eastern portion of the property did function as a golf course. She went on to say that the West Jubal Early Land Use Plan calls for a new interchange at Merriman's Lane and Route 37 and a portion of this property is in the ramp's path. The applicant has proffered 1.9 Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 201 acres of land for this interchange. The traffic impact analysis showed an approximate increase of 288 vehicle trips per day. Senior Planner Eddy then reviewed the proffers, the most important of which was the Route 37 interchange land. The applicant also proffered to develop the property in substantial conformance with the Rock Harbor Golf Course Exhibit prepared by Marsh and Legge dated January 6, 2006. The applicant has further proffered a $5,000 monetary contribution for fire and rescue services. She concluded by saying that the Planning Commission recommended approval of this rezoning. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf ofthe applicants. He bricfly reviewed the generalized development plan for this project. Supervisor Van Osten asked Mr. Wyatt ifhe had spoken with the applicant regarding her request to some type of disclosure stating the property is adjacent to the quarry in the event the property ceases to remain as a golf course and houses are built on it. Mr. Wyatt responded that he had spoken with applicant regarding this requcst and he agreed to do full disclosure in any deed that would be sold to another person. Chairnlan Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved Rezoning #15-06, Rock Harbor Golf Course. Supervisor Dove stated that he was glad to see this property becomc a golf course instead of houses. 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 PUBLIC HEARING - CONDITIONAL USE PERMIT #10-06 OF ROCK HARBOR GOLF COURSE, SUBMITTED BY GREENWAY ENGINEERING FOR COMMERCIAL OUTDOOR RECREATION WITH ACCESSORY CLUBHOUSE AND FOOD SERVICE FOR THE GENERAL PUBLIC. THE PROPERTIES ARE LOCA TED AS FOLLOWS: PROPERTY IDENTIFICATION NUMBER 52-A-256 FRONTS ON THE SOUTH SIDE OF ROUND HILL ROAD (ROUTE 803) AND ON Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 202 THE EAST SIDE OF WOODCHUCK LANE (ROUTE 654). ADJACENT TO SECTION THREE AND SECTION SEVEN OF THE ROSCOMMON SUBDIVISION AND THE EXISTING ROCK HARBOR GOLF COURSE: PROPERTY IDENTIFICATION NUMBER 52-A-313 FRONTS ON THE NORTH SIDE OF MERRIMAN'S LANE (ROUTE 621) AT THE NORTHWEST QUADRANT OF THE ROUTE 37 BRIDGE CROSSING; PROPERTY IDENTIFICATION NUMBER 52-A- 313A FRONTS ON BOTH SIDES OF LACOSTA COURT IN THE ROSCOMMON SUBDIVISION. SECTION SEVEN; PROPERTY IDENTIFICATION NUMBER 53-A- 88 IS LOCATED ON THE WEST SIDE OF ROUTE 37. ADJOINING AND ACCESSED THROUGH TAX MAP PARCEL 52-A-313. THE PROPERTIES ARE IN THE BACK CREEK MAGISTERIAL DISTRICT. - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised this was a request for a conditional use permit for a golf course. The permit would cover four properties totaling 58 acres. The existing golf course operates under Conditional Use Permit #22-99; however, the applicant is seeking to expand the course to 36 holes to include a 24,000 square foot clubhouse and food service for the general public. The Health Department has no objection to this request. The Planning Commission recommended approval with the following conditions: 1. All review agency comments shall be followed at all times. 2. An engineered site plan shall be approved by Frederick County prior to starting any expansion of this use. 3. No more than one sign on this property. This sign shall be located at the entrance. 4. Any future expansion of this use beyond 36 holes, a 24,000 square-foot clubhouse and associated maintenance and storage facilities, and mid-stations shall require a new conditional use permit. 5. Approval of CUP #10-06 will null and void the existing CUP #27-99. Evan Wyatt, Greenway Engineering, stated the applicant has reviewed the conditions and is comfortable with them. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Ewing, the Board approved Conditional Use Permit #10-06. 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 Minute Book Number 32 Board of Supervisors Regular Meetiug of 12/13/06 203 Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #19-06 OF SEEFRIED PROPERTY. SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES. TO REZONE 27.24 ACRES FROM MH1 (MOBILE HOME COMMUNITy) DISTRICT TO Ml (LIGHT INDUSTRIAL) DISTRICT AND 48.77 ACRES FROM RA (RURAL AREAS) DISTRICT TO MI. TOTALING 76.01 ACRES. WITH PROFFERS FOR INDUSTRIAL USE. THE PROPERTIES ARE LOCATED WEST OF INTERSTATE 81 ADJACENT TO FORT COLLIER INDUSTRIAL PARK AND ARCARDIA MOBILE HOME PARK. APPROXIMATELY 1.000 FEET EAST OF THE INTERSECTION OF FORT COLLIER ROAD (ROUTE1322) AND BROOKE ROAD (ROUTE 1328). AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 54-A-89 AND 54-A-91 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She advised this was an application to rezone 27.24 acres from MHI (Mobile Home Community) District to Ml (Light Industrial) District and 48.14 acrcs from RA (Rural Areas) District to M 1 District, for a total of75.38 acres. The site will be accessed through the Winchester Pasta site, as the property docs not have road frontage. The property is located in the Urban Development Area, Sewer and Water Servicc Area, and the Northcast Land Use Plan. The rezoning request to Ml is consistent with the uses in the area. Thc applicant has submitted a proffer statement; however, a signed revised statement was provided today. Planner II Perkins reviewed the proffers, which included: Monetary eontributions of$15,000 for fire and rescue, $3,000 for Sheriffs Office, and $2,000 for general governmental purposes. - Site development shall not exceed 1,000,000 square fcet of gross floor area. Office uses shall only bc permitted as an accessory to industrial uses. Planner II Perkins stated the proffers did not address: Route IIIWelltown Road improvements. Turn lane at Route 7 and Fort Collier Road. - Signalization at Brooke Road and Fort Collier Road. A traffic impact analysis for build out at 20 I 0 without improvements was not provided; therefore, it is unclear of the level of service at build out if no improvements are provided. It was noted that the applicant was providing a bond in the amount of $400,000 for road improvements; however, it would be up to the County and VDOT to utilize these funds to construet the necessary improvements. The only road improvement being constructed by the applicant was the northbound right turn lane at the site and Brooke Road. Planner II Perkins stated that it was unclear how much Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13106 204 money would be needed for signalization. She concluded by saying that the Planning Commission reviewed this application and unanimously recommended approval; however, the Commission was not in favor of the application without a signalization agreement and the $400,000 contribution. Chuck Maddox, consultant for Seefried Property, appeared before the Board on behalf of the applicant. He advised that the lease space includes 75% manufacturing. He went on to say that Seefried and Johnson Development would take possession ofthe property once it has been rezoned and would build on the property adding a value of$80 million. He explained there were a diverse amount of uses in the M -1 district and the traffic generation numbers for this rezoning have been skewed because this development accounts for only 7% ofthe generated traffic in the Traffic Impact Analysis. He stated the needed improvements such as adding lanes and signalization would total in the millions of dollars. He went on to say that the developer did not anticipate the high number oftrips suggested. Johnson Development will purchase this parcel and 36 acres of the Winchester Pasta property and will connect Park Drive to Brooke Road. He stated that staff had said the Planning Commission was not in favor of the project if there was no signalization agreement. Mr. Maddox stated that he heard the Planning Commission approve the project with a stop light agreement. He further stated that he believed the project was well received at the Planning Commission. Mr. Maddox informed the Board that Johnson Development was presumed to be eligible for Industrial Access Funding because the parcel is land locked. With regard to the monetary proffer, those monies could be used to improve impacted intersections at various locations. Mr Maddox stated that VDOT was satisfied with the proffers and that approach. Currently the only access to the property is Baker Lane. The applicant has proffered to eliminate the easement across and impact on County land due to access acquired through another parcel. Chairman Shickle stated there were two points in the Planning Commission's recommendation: signalization and limiting the square footage ofthe development. He stated that is was his understanding ofMr. Maddox's comments that the $400,000 addressed the signalization issue; however, the applicant left the cap on the building square footage. Mr. Maddox responded that the Planning Commission's intent was if the applicant could provide more building square footage that would provide more money to the signalization; however, Johnson Development does not feel they can get more than one million square feet on the property. Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 205 Chairman Shickle asked about the TlA study and wanted to know if 40% ofthe traffic would go to Route 7. Mr. Maddox responded yes. Chairman Shickle asked Mr. Maddox how he arrived at that conclusion. Mr. Maddox responded that he had traffic engineers and VDOT look at the study. Supervisor Van Osten asked what was dealt with in the revised proffers submitted today. Mr. Maddox responded that the new proffers addressed the timing of the $400,000 and contained new signature pages as well. Supervisor Dove asked if this site would be able to access the railroad spur at the Pasta property, as that could cut down on the amount of truck traffic. Mr. Maddox responded possibly. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shiekle closed the public hearing. Chairman Shickle asked VDOT's representative if the account of the negotiations was accurate and if they were satisfied. Lloyd Ingram, Engineer, responded that the negotiations were correct and VDOT was satisfied with the cash proffer. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved Rezoning #19-06, Seefried Property. 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 PUBLIC HEARING - FISCAL YEAR 2006-2007 REVENUE SHARING FUNDS. FOR STATE FUNDS TO MATCH LOCAL FUNDS FOR A COMPLETION OF TEVIS STREET EXTENDED. TO CONNECT TEVIS STREET WITHIN THE RUSSELL 150 DEVELOPMENT TO FRONT ROYAL PIKE (ROUTE 522) - (RESOLUTION #028-06) - APPROVED Transportation Planner John Bishop appeared before the Board regarding this item. He Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 206 advised that staff was seeking Board approval for a revenue sharing application. There is currently $15 million dollars available; however, a new tiering process has been proposed this year and unless a locality is included in the first tier then the exercise is probably "a waste oftime". He stated that in order to get into the first tier a locality must put forth $1.5 million. Transportation Planner Bishop stated that the proposed project for which funding would be sought is the completion of a .20 mile extension of Tevis Street to its intersection with Route 522. This project is estimated at $2.5 million and the County would provide $1.5 million in order to take advantage of this program. The Transportation Committee recommended approval of this application. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. RESOLUTION OF SUPPORT FREDERICK COUNTY BOARD OF SUPERVISORS MODIFIED REVENUE SHARING PROGRAM FOR FISCAL YEAR 2006-2007 WHEREAS, the County of Frederick desires to submit an application for and allocation of funds of up to $1,000,000.00 through the Virginia Department of Transportation Fiscal Year 2006-2007, modified Revenue Sharing Program; and, WHEREAS, $1,000,000.00 of these funds are requested to fund the construction of Tevis Street Extension, a new public road, from the northern boundary of Russell 150, to Front Royal Pike (Route 522) with a traftic light and turn lanes at Route 522; and, NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this application for an allocation of up to $1,000,000.00 through the Virginia Department of Transportation Revenue Sharing Program. ADOPTED this 13th day of December 2006. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved the Fiscal Year 2006-2007 application for revenue sharing funds for the completion of Tevis Street extended, to connect Tevis Street within the Russell 150 Development to Front Royal Pike (Route 522). 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 Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 207 PUBLIC HEARING - TO SEEK FUNDING FROM THE AMERICAN BATTLEFIELD PROTECTION PROGRAM. A PROGRAM OF THE NATIONAL PARKS SERVICE. TO FURTHER THE PRESERVATION EFFORTS AND IMPLEMENT THE RESOURCE MANAGEMENT PLAN FOR THE HISTORIC STAR FORT SITE. THE SITE IS LOCATED ON FORTRESS DRIVE. ADJACENT TO THE AMERICAN RED CROSS BUILDING. IN THE STONEWALL MAGISTERIAL DISTRICT. - (CANCELED) This item was canceled. OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #13-06 OF CEDAR MEADOWS - APPROVED Planner II Candiee Perkins appeared before the Board regarding this item. She advised this was a master development plan for 140 proffered age restricted single family small lot residential units. The property will be accessed via a private gated road network off of White Oak Road. This proposal is consistent with the Zoning Ordinance and addresses all of staffs concerns. The applicant is requesting staff be given administrative authority to approve this master development plan. Upon a motion by Vice-Chairman Ewing, seconded by Supervisor DeHaven, the Board authorized staff to administratively approve Master Development Plan #13-06. 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 DISCUSSION OF SETBACKS IN THE RURAL AREAS ZONING DISTRICT (CONTINUED FROM THE NOVEMBER 8.2006 BOARD MEETING) - ITEM SENT FORWARD FOR PUBLIC HEARING Planning Director Eric Lawrence appeared before the Board regarding this item. He reviewed the proposed changes to the setback requirements. He advised that setbacks are measured by the use of the adjacent property and there are greater set backs associated with agrieultural uses. Properties containing greater than six acres would require a 100 foot setback; however, if the property is adjacent to an orchard or agrieultural/forestal property a setback of 200 feet would be required. The revised ordinance would also eontain a provision to allow the Board of Supervisors to waive these requirements for lots of record. This would give the owner of a lot that might not be Minute Book Number 32 Board of Supervisors Regular Meeliog of 12/13106 208 buildable based on these requirements two opportunities to seek relief from either the Board of Zoning Appeals or through a waiver from the Board of Supervisors. He concluded by saying ifthe Board felt this amendment was appropriate then staff would like to take it to public hearing. In response to comments about the applieability of this ordinance to trees (i.e. an orchard), Mf. Lawrence responded that this ordinance would apply only to structures and not trees. He went on to say that this ordinance was not restricting agricultural uses. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board sent this amendment forward for public hearing. 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 DISCUSSION OF UDA STUDY POLICY - ITEM SENT FORWARD FOR PUBLIC HEARING Deputy Planning Director Mike Ruddy appeared before the Board regarding this item. He advised that the UDA working group was looking to move the land use proposal for the Comprehensive Plan forward for public hearing. He stated the proposed policy was quite lengthy and promotes an approach in the urban areas to meet the growth demands of the community. The goal would be to move this proposal through the public hearing process early next yeaf. Deputy Director Ruddy explained this proposal was based upon New Urbanism and Traditional Neighborhood Design methods with neighborhood villages and urban centers envisioned throughout the urban areas of the county. He then reviewed the planning area analysis, which contained detailed areas within each magisterial district. He went on to say this was a working document and information would continue to be added. He concluded by saying that he was looking for direetion from the Board of Supervisors. Supervisor DeHaven stated the eommittee and staff have done an outstandingjob. He asked if a new zoning district would need to be created. Deputy Director Ruddy responded correct. He went on to say that new implementation tools must be created before moving forward. Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 209 Supervisor DeHaven asked if new urbanism would require new regulations. Deputy Director Ruddy responded correct. Supervisor DeHaven stated that he supported the areas identified beyond the urban development area and sewer and water service area and he would like to see the study expanded countywide. Supervisor Dove stated that he did not want the county to get hung up on numbers (i.e. percentage of business to residential) because businesses only come if "there are rooftops to support them." Deputy Director Ruddy stated this was a flexible goal. Supervisor V an Osten eongratulated the committee for its work on this. She went on to say that it was shaping up well. Supervisor Fisher stated that he was trying to tie this into preserving the rural area and increasing density in the urban development area. He went on to say that we already have higher densities in the urban development area so a transfer of development rights program is not as viable as once thought. Deputy Director Ruddy stated that staff hoped to get into that topic more at the Planning Commission retreat. Supervisor Van Osten asked about the eoncept of pocket parks. Deputy Director Ruddy responded that staff looked a pocket parks from the context of the Virginia Outdoors Plan regarding parks. Chairman Shickle asked if this concept was going to be an optional or mandatory method of development. Committee Chairman George Kriz responded that this was another tool for developers to have, but they would still be able to use what is currently in place. He concluded by saying that it would be strongly encouraged. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved sending this proposal forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Aye Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 12113106 210 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye DISCUSSION OF CPP A #06-06 - UDA & SWSA EXPANSION REOUEST - CLEARVIEW - ITEM SENT FORWARD FOR PUBLIC HEARING Supervisor DeHaven advised that he would be abstaining from consideration ofthis item due to a conflict of interest. Planner II Candice Perkins appeared before the Board regarding this item. She advised this was one ofthe two Comprehensive Plan and Policy Amcndmcnts requested by the Board for furthcr study. The 130 acre parcel is zoned RA (Rural Areas) and its use is agricultural and residential. The propcrty is not located within a small arca land usc plan and is outsidc of thc scwcr and watcr service area and the urban dcvclopmcnt area. The applicant is requesting an extension ofthe urban devclopmcnt area and scwcr and water service area to include this parcel for development as an agc restricted community. If this parcel were to be rezoned at the maximum allowed dcnsity for the site, the potential for 520 rcsidcntial units exists. Planner II Perkins went on to say thcrc wcrc no adjacent high density uses. The Frederick County Sanitation Authority noted that water was available but sewer eapacity was not. Shc notcd thc Comprehensive Plans and Programs Subcommittec had concems with this request. The primary concern was the proposed use did not fit in with thc surrounding rural areas. The subcommittee rccommended this application be denied. The Planning Commission unanimously recommended denial as well. She concluded by saying that staff is sceking dircction from the Board and ifthe Board recommends approval then a land use plan and text would be sent to the Comprehensive Plans and Programs Subcommittee for devclopment. Supcrvisor Lemieux stated that he had heard and understood the different comments but he felt there was an opportunity here, as there was already water and sewer on the property. He went on to say that he did not bclieve five acre lots was thc bcst use for thc propcrty. Hc thought therc should be a small commercial aspect to the projcct and hc would like to see this move forward. Upon a motion by Supervisor Lemieux, seconded by Vice-Chairman Ewing, thc Board voted to send this proposal forward for public hcaring. Supervisor Dove stated the he had originally voted to scnd this requcst to thc subcommittcc for further study, but after the subcommittee and Planning Commission's recommendation he would Minute Book Nnmber 32 Board of Supervisors Regnlar Meeting of 12/13/06 211 have trouble supporting the request at this time. Supervisor Van Osten stated that she appreciated Supervisor Lemieux's comments; however, she was concerned about wastewater capacity and would have trouble moving forward with this request at this time. Supervisor Lemieux stated that he believed the County had enough tools in place to ensure that the timing of this project was correct. Supervisor Fisher stated that he could not support this application due to sewer and timing Issues. Chairman Shickle stated that he would probably support Supervisor Lemieux because he would like to know what the public thinks about this proposal or what they would like to see happen on that property. He went on to say that if nothing happened them it could become five acre lots. He concluded by saying that his interest in taking this to public hearing was no guarantee that he would support it at the conclusion of the hearing. Vice-Chairman Ewing stated that he would like to hear what the public has to say about this application. Supervisor Van Osten stated that she had reservations, but would vote to send it forward for public hearing. There being no further discussion, the motion to send CPPA #06-06 forward for public hearing was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Abstain Nay Aye Aye Aye ROAD RESOLUTION (#029-06) - STAR FORT, SECTION 6 - APPROVED UNDER THE CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office ofthe Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06 212 an agreement on June 9, 1993, for comprehensi ve stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. BOARD LIAISON REPORTS Supervisor Van Osten reported on her attendance at a purchase of development rights program at the Virginia Association of Counties Annual Conference and stated that she would like to see the county look at implementing such a program. Administrator Riley asked if the Board would like to see the fiscal implications of the rollback taxes associated with such a program. Chairman Shickle asked staff to prepare that infornlation and circulate it to the board members. Supervisor Van Osten also reported on the accomplishments of SHENAIR. Chairman Shickle rcported on his work on a regional water solution and informed the Board that Administrator Riley had sent a letter to Warren County which laid the initial framework for a regional water agreement. CITIZEN COMMENTS There were no citizen commcnts. BOARD OF SUPERVISORS COMMENTS Supervisor Dovc reported there were two dedications of county facilities in the past two weeks. The new facilities were the animal shelter and landfill citizens' convenience center. Vice-Chairman Ewing asked how the temporary road sign issue was left. He also asked staff to look particularly at the Stephens City area. Chairman Shickle stated there were two people/companies that nccded to be called about the road signs and he felt that would solve the problem. Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13106 213 Administrator Riley stated that staffhad its direction and they would deal with the signs and have them removed. Vice-Chairman Ewing stated that he would like to see the Board take a position on the proposed power line. Chairman Shickle stated that he needed more information and questioned whether the Board should take a position at this time. Supervisor Fisher stated that he had not interest in taking a position until he had all ofthe facts. Supervisor Van Osten stated that she was "on board" with Vice-Chairman Ewing. She stated more needs to be done and she objects to the fact that "our locality" is being used as a loop. Supervisor Dove stated that he needed more information. Supervisor Lemieux stated that the power was needed. ADJOURN UPON A MOTION BY VICE-CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:40 P.M.) ~~ Richard C. Shickle Chairman, Board of Supervisors ~//c. n . Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: Cb.LI E. '-jjJ,-, hyt. fjbbs Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Regular Meeting of 12/13/06