HomeMy WebLinkAboutFebruary 28, 2007 Regular Meeting
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A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday,
February 28, 2007, at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County
Administrator's Office, 107 North Kcnt Street, Winchester, Virginia.
PRESENT
Chairman Richard C. Shickle; Vice-Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Gary
W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten.
CALL TO ORDER
Chairman Shickle called the meeting to order.
ADOPTION OF AGENDA - APPROVED AS AMENDED
Administrator Riley advised that the Board had received a request from the applicant to
move the Clcarvicw Comprehensive Plan Amendment to the last public hearing item, after item #5
on the agenda. He also suggested that the Committee Appointments be removed from the agenda
as the Board dealt with them earlier in the evening.
Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Fisher, the Board
approved the agenda as amended.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charlcs S. DeHaven, Ir. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
CONSENT AGENDA - APPROVED
Administrator Riley offered the following tabs for the Board's consideration under the
consent agenda:
Parks and Recreation Commission Report - Tab C;
Road Resolution - Ridgeway Estates - Tab I.
Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the
consent agenda as presented.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Gene E. Fisher
Aye
Aye
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Charles S. DeHaven, Ir. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COUNTY OFFICIALS
COMMITTEE REPORTS
FINANCE COMMITTEE REPORT
The Finance Committee met in the Board of Supervisors' Meeting Room at 107 North Kent
Street on Wednesday, February 21,2007 at 8:00 a.m. Member Gary Loft was absent.
1. Celebrating Patsy Cline, Inc. requests an opportunity to share information on the Patsy
Cline Museum project and discuss support that might be available from the County. See attached
letter, p. 1.
2. The Director of Literacy Volunteers-Winchester Area requests an FY 07 General Fund
supplemental appropriation in the amount of $5.000.00. This amount represents an emergency
contribution to the organization. See attached information, p. 2-11.
3. The Solid Waste Manager requests a General Fund supplemental appropriation in the
amount of$2.500. This amount represents funds donated by Trex Company, Inc. to fund the Litter-
Thon. See attached memo, p. 12. The committee recommends approval. - Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor DeHa Yen, the Board approved
the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Ir. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
4. The Director of Fire & Rescue requests approval of a change order which exceeds 10%
of the original purchase order amount. This amount represents the remaining 2005 Homeland
Security Grant funds. See attached memo, p. 13. The committee recommends approval. -
Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board
approved the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Ir. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
5. The Assistant County Administrator requests a General Fund supplemental appropriation
in the amount of $84,659. This amount represents funds needed to cover operations and
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maintenance ofthe Public Safety Building for the remainder ofFY 2007. See attached information,
p. 14-17. The committee recommends approval. - Approved
Upon a motion by Supcrvisor Ewing, seconded by Vice-Chairman Fisher, the Board
approved the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dovc Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
6. The Commissioner of the Revenuc rcquests the Board of Supervisors appoint her
"Assessor" for the County. Currently, all reassessment personnel are in the Commissioncr's budget
versus prior year contracts with assessors being in a separate department. The committee
recommends creating a separatc budget which will fall under the Commissioner ofthe Revenue, who
has been appointed Assessor. - Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board approved
the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
7. The Commissioner of the Revenue will be available for continued discussion on
conservation easements. This item has been dcfcrred.
*** For Information Only***
1. The Handley Regional Library submits additional information on salaries as requested
at the January 31, 2007 budget work session. See attachcd information, p. 8-19.
2. The Finance Director provides a fund balance report. See attached report, p. 20.
PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER
CONSENT AGENDA
The Parks and Recreation Commission met on February 20,2007. Members present were: Charles
Sandy, Jr., Robert Hartman, P. W. Hillyard, III, Martin Cybulski, Larry Sullivan, Jeffrey Butler,
Ronald Madagan, and Philip Lemieux.
Items ReQuirinl!: Board of Supervisors Action:
1. None.
Submitted for Board Information Only:
1. Comprehensive Plan - Mr. Sullivan movcd to accept the updated Comprehensive Plan as
written, second by Mr. Hartman, carried (6-1) Mr. Cybulski opposed.
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2. Work Program - Mr. Sullivan moved to approve the work program as submitted, second by
Mr. Butler, carried unanimously (7-0).
Standinl! Committee Reports:
1. None.
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS
PUBLIC HEARING - REZONING #21-06 OF WILLOW RUN INCLUDING
MASTER DEVELOPMENT PLAN #15-06 FOR WILLOW RUN. SUBMITTED BY
GREENWAY ENGINEERING. TO REZONE 359.97 ACRES FROM RA (RURAL
AREAS) DISTRICT TO R4 (RESIDENTIAL PLANNED COMMUNITY) DISTRICT.
WITH PROFFERS. FOR COMMERCIAL LAND USES AND UP TO 1.390
RESIDENTIAL UNITS. THE PROPERTIES ARE LOCATED EAST OF ROUTE 37
AND MERRIMAN'S LANE (ROUTE 621). NORTH OF CEDAR CREEK GRADE
(ROUTE 622). SOUTH AND WEST OF THE CITY OF WINCHESTER. AND ARE
IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 53-A-90. 53-A-91. 53-
A-92. 53-A-92B. 53-A-94. 53-3-A. AND 63-A-2A IN THE SHAWNEE MAGISTERIAL
DISTRICT. - APPROVED
Senior Planner Susan Eddy appeared before the Board regarding this item. She stated this
was a request to rezone approximately 360 acres from RA (Rural Areas) District to R4 (Residential
Planned Community) District with Proffers. She stated there were several modifications that needed
to be addressed before this application could be approved. She advised that the February 12,2007
proffer statement is the most up to date proffer statement. The application contains four parcels.
The site is located in the Urban Development Area, Sewer and Water Service Area, and West Jubal
Early Land Use Plan. She noted that the applicant is using the same design features that were
ineluded in the UDA Study. The project will contain 1,390 residential units. The applicant has
proffered a matrix which shows the minimum and maximum percentage of units. There are nine
new housing types proposed with this development. The lot sizes are smaller, setbacks are
shallower, and building heights are taller. There will also be residential units above commercial
uses in the commercial area. The is no limit on the commercial floor space; however, only 20,000
square feet has been guaranteed by proffer. The applicant is proposing a new interchange at Route
37 and Jubal Early Drive. Senior Planner Eddy then reviewed the road construction plan:
- Merriman's Lane will be realigned to intersect with Jubal Early Drive.
Traffic signals have been proffered.
$100,000 has been proffered to the City of Winchester to mitigate impacts on city
intersections.
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There is no school site proposed with this development. The applicant has also proffered the $1 ,000
per non-age restricted unit. A community center and an age restricted community center will be
provided. A five acre site has been offered for an indoor aquatics center. The County shall have
five years to decide if it wants the land. If the County does construct the aquatics center then the
applicant will not build an outdoor pool. The applicant has also included monetary proffers for
schools and Fire & Rescue. The applicant has also proffered aphase I archaeological assessment and
a landscape plan has been devcloped. Senior Planner Eddy reviewed the seven modifications to the
rezoning requested by the applicant:
1. 9165-68 Master Development Plan - to allow the applicant to revise some elements of
the Master Development Plan without seeking another conditional rezoning.
2. 9165-69 Permitted Uses - to add nine new housing types to the list of allowed uses.
3. 9165-71 - Mixture of Housing Unit Types Required - to allow a maximum of60% ofthe
area designated for residential uses to be used for single family attached and multi- family
units.
4. 9 165-72D Commercial and Industrial Areas - to allow a minimum of 9% of the gross
areas of the project to be used for business and industrial uses.
5. 9165-72G Buffers and Screening - to allow alternative buffers and screening. The
applicant is also seeking to be released from thc road efficiency buffer requirement along
both sides of Sandyridge Boulevard throughout the residential portion.
6. 9165-721 Road Access - to provide a public street dedicatcd to VDOT or private streets
and alleys owned and operated by the Willow Run Home Owners Association.
7. 9 165-72B Dimensional Requirements - to modify dimensional requirements required in
the B2 (Business General) District for the commercial areas.
She went on to say the Planning Commission held its public hearing and recommended approval of
the modifications, alternative buffer plan, master development plan, and the rezoning application.
She concluded by saying the proposed land use is generally consistent with the West Jubal Early
Land Use Plan.
Chairman Shickle stated that a requirement under the R-4 District is that the master
development plan must come with the rezoning. Hc felt that took away some of the flexibility in
the master development plan process.
Supervisor Van Osten asked if Jubal Early Drive would terminate at the intersection with
Merriman's Lane or would it continue to the overpass.
Senior Planner Eddy responded that the G.I.S. Department would make that determination.
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Vice-Chairman Fisher stated that Sandyridge Boulevard was an issue because residences
were up against it even though it is a main collector road.
Senior Planner Eddy responded that the West lubal Early Land Use Plan does call for it to
be a collector road and the Traffic Impact Analysis is currently low. She went on to say the
applicant has worked out a solution and has put down enough pavement to cover four lanes;
however, if four lanes are not needed then the road would have on street parking. She went on to
say that staff met with VDOT to discuss Sandyridge Boulevard and VDOT was satisfied with the
short term concerns.
Supervisor Dove stated that the applicant said they would provide $1.2 million for a sehool
site. He wanted to know if the $1,000 per non-age restricted unit would replace that.
Senior Planner Eddy stated that $1.2 million was an estimate and it was based on the $1,000
for non-age restricted units.
Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant.
He stated this proposal does conform to the Comprehensive Plan. He went on to say that this
application was originally filed in November 2005, but the Planning Commission and staff wanted
the application redesigned to conform to the UDA vision. He then reviewed some of the
transportation issues. With regard to lubal Early Drive and Route 37, the applicant was charged
with coming up with transportation solutions to extend lubal Early Drive and create an interchange
with Route 37. He stated that the City granted subdivision plan approval to extend lubal Early
Drive. The right-of-way for lubal Early Drive to Merriman's Lane has been proffered to be turned
over to the County prior to permit issuance. The applicant has worked with the Transportation
Committee and VDOT to implement various modifications. Mr. Wyatt stated that the master
development plan has been proffered and the applicant has worked with neighboring property
owners to secure right-of-way and construction of the Route 37 Interchange will begin 24 months
after rezoning approval. He concluded by saying that the applicant requests approval this evening.
Supervisor DeHaven expressed his concern about the volume of traffic being able to move
safely and asked Mr. Wyatt ifhe was confident the subdivision streets and particularly Sandyridge
Boulevard could carry that kind of volume.
Mr. Wyatt responded that VDOT had certain standards based on the amount of traffic.
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Chairman Shickle wondcred ifthere would be an opportunity for the applicant to meet with
the County to make sure everyone is comfortable with the road design.
John Conrad, Miller & Smith, stated the applicant could do that, but there is currently not
much dcvelopment to the south.
Chairman Shickle stated that he was having trouble getting a comfort lcvel with the
transportation system in the development.
Mr. Conrad stated a requirement could be tied to the traffic count where current and future
counts are compared.
Mr. Wyatt responded that the trouble with tying it to traffic count is that the road would be
built before the numbers raise concern.
Chairman Shickle asked ifthere was a trigger on the connection to lubal Early Drive.
Mr. Wyatt stated there were four conditions:
Working out the design.
Off-sitc transportation improvements.
Solution for fire & rescuc.
Build the road through the flood way.
Supervisor DcHaven stated he was concerned because people have bought into a lifestyle
and environment.
Mr. Wyatt stated that the road would be designed up front but there would be no on-street
parking.
Chairman Shickle convened the public hearing.
Woodward Bousquet, Winchester resident and member of the Abram's Creek Wetlands
Advisory Committee, stated that he has had students studying the wetlands since 2004. The
applicant is planning to take appropriate steps to protect the wetlands; however, he was concerned
about thc fragmentation of the forest. He concluded by saying that he commends the applicant for
the provisions for the pedestrian and bicycle access.
John Fox, Winchester resident, appeared before the Board regarding this item. He advised
that he cares about our history, orchards, and farmland and he did not want to see crowded streets
and schools and higher taxes. He stated that we need to look at a way to promote heritage tourism
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in the area. He concluded by stating that he would like for everyone to consider what the Apple
Blossom Festival will be called when there are no more apple orchards.
There being no further public comments, Chairman Shickle closed the public hearing.
Mr. Wyatt stated "the property owners would be willing to create some language that goes
into the proffer that basically commits us to come back to the County when Sandyridge Boulevard
is designed and submitted. It will go to both VDOT and the County, because not only VDOT, but
the Public Works Director reviews the plans, so you'll know when it hits. And when that design
plan is submitted that would be a trigger for us to come back. We would proffer to go ahead and
show you the design, the traffic study that goes with it, and then we can all evaluate what is
happening in that part of the world at that time and make a decision on how we ultimately want the
residential street to look, obviously, before the houses are occupied. We would certainly be willing
to do that."
Director Lawrence stated that there needed to be an understanding up front, but a notation
on the master development plan would be appropriate.
Mr. Wyatt stated that the applicant could add a narrative on the master development plan.
Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lemieux, the Board
approved the seven modifications to the R4 District requested as part ofthis rezoning, as previously
stated.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Van Osten, the Board
approved the alternative buffer and screening requirements requested by the applicant.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
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Barbara E. Van Osten Aye
Vice-Chairman Fisher moved to approve Rezoning #2l-06 of Willow Run, include Master
Development Plan #15-06, to include the narrative per Mr. Wyatt and all other proffers.
Chairman Shickle asked Mr. Wyatt to restate what had been agreed to regarding the
narrative.
Mr. Wyatt responded "we offered for, as part of the rezoning approval, to add a condition
that a narrative be added to the master development plan which requires the project to come back
before the County at such time as Sandyridge Boulevard is designed, to look at the road design,
traffic study associated with it, to give the County the opportunity to determine the type of typical
section design that they want to implement."
The motion was seconded by Supervisor Lemieux and passed by the following recorded
vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Nay
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PUBLIC HEARING - 2007-2008 CAPITAL IMPROVEMENTS PLAN (OP). THE
CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REQUESTED BY
V ARIOUSCOUNTY DEPARTMENTS AND AGENCIES. THE PLAN IS CREATED
AS AN INFORMATIONAL DOCUMENT TO ASSIST IN THE DEVELOPMENT OF
THE COUNTY'S ANNUAL BUDGET. IF ADOPTED. THE CIP IS A COMPONENT
OF THE COMPREHENSIVE POLICY PLAN. - (RESOLUTION #047-07) -
APPROVED
Planning Technician Kevin Henry appeared before the Board regarding this item. He
advised that the proposed Capital Improvements Plan contains 54 capital projects of which 17 are
new projects with II of those being transportation projects. The Planning Commission
recommended approval of the proposed 2007-2008 Capital Improvements Plan.
Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board adopted
the 2007-2008 Capital Improvements Plan.
WHEREAS, the Frederick County Planning Commission held a public hearing on the
proposed 2007-2008 Capital Improvements Plan (CIP) for Frederick County on February 7, 2007;
and
WHEREAS, the Frederick County Planning Commission recommended approval of this
plan at their regular meeting on February 7,2007; and
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WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan
during their regularly scheduled meeting on February 28, 2007; and
WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital
expenditures contained in the Capital Improvements Plan (CIP) and has determined that the projects
contained in the Capital Improvements Plan (CIP) conform to the Frederick County Comprehensive
Policy Plan.
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors
as follows:
The Frederick County Board of Supervisors hereby approves the 2007-2008 Capital
Improvements Plan (CIP) for Frederick County, Virginia, as an element of the Comprehensive
Policy Plan.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PUBLIC HEARINGS - PROPOSED ZONING AND SUBDIVISION ORDINANCE
AMENDMENTS:
PUBLIC HEARING - AN ORDINANCE TQ AMEND THE FREDERICK COUNTY
CODE CHAPTER 144. SUBDIVISION OF LAND: ARTICLE V. DESIGN
STANDARDS. SECTION 144-24. LOT REQUIREMENTS. PARAGRAPH (C)(2)(B).
LOT ACCESS. MUL TI-F AMIL Y AND SINGLE-F AMIL Y SMALL LOT HOUSING.
THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO CLARIFY MAXIMUM
DISTANCES FROM PUBLIC ROADS. - APPROVED
PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE. CHAPTER 144. SUBDIVISION OF LAND. ARTICLE II. DEFINITIONS.
THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO CLARIFY
DEFINITIONS. - APPROVED
PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE. CHAPTER 165. ZONING: ARTICLE V. RA RURAL AREAS DISTRICT:
SECTION 165-54. PERMITTED LOT SIZES: PARAGRAPH (B). FAMILY
DIVISION LOTS. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO
CLARIFY THE F AMIL Y LOT HOLDING REQUIREMENTS. - APPROVED
PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE. CHAPTER 165. ZONING: ARTICLE V. RA RURAL AREAS DISTRICT:
SECTION 165-54. PERMITTED LOT SIZES: PARAGRAPH CD). RURAL
PRESERVATION LOTS. THE PURPOSE OF THIS PROPOSED AMENDMENT IS
TO CLARIFY FUTURE DIVISIONS OF THE RURAL PRESERVATION TRACT. -
APPROVED
PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE. CHAPTER 165. ARTICLE XXII. DEFINITIONS: SECTION 165-156.
DEFINITIONS AND WORD USAGE. THE PURPOSE OF THIS PROPOSED
AMENDMENT IS TO CLARIFY DEFINITIONS. - APPROVED
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Planning Director Eric Lawrence appeared before the Board regarding this item. He advised
that staff was proposing five amendments to clean up revisions to the Subdivision and Zoning
Ordinances. The proposed changes to Chapter 144 include a reference to Merriam Webster's
Dictionary and the addition of the word "no" to S 144-24C(2)(b). The additions to the Zoning
Ordinance provided clarification of Family Lot Holdings, Rural Preservation Tract divisions, and
definitions. The Planning Commission recommended approval of the proposed amendments.
Supervisor Lemieux asked if there were any provisions in the ordinance to address
extenuating circumstances such as a death.
Director Lawrence responded that there were no such provisions in the ordinance, but an
applicant could come to the Board with a waiver request.
Chairman Shickle convened the public hcaring.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board
approved the ordinance amendments.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE. CHAPTER 165. ZONING: ARTICLE V. RA RURAL AREAS DISTRICT:
SECTION 165-55. SETBACK REOUIREMENTS. - APPROVED
Planning Director Eric Lawrence appeared before the Board regarding this item. He advised
this was a proposed ordinance amendment to address Rural Area setbacks by clarifying adjacent
uses and parcel size. Staff had created language for the Board to grant a waiver.
Supervisor DeHaven suggested staff strike the term primary in section A (2) and rcplacc it
with "size or". He then asked staff to bring back a new paragraph C at a later date for public
hearing.
Chairman Shickle convened the public hearing.
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Thcre werc no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board
approved the zoning ordinance amendments as amended.
Thc above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PUBLIC HEARING - TO CONSIDER A REOUEST BY PAINTER-LEWIS. P.L.C.
TO INCLUDE 130.07 ACRES OF LAND (FOUR PARCELS) INTO THE URBAN
DEVELOPMENT AREA mDA) AND THE SEWER AND WATER SERVICE AREA
(SWSA) TO ENABLE RESIDENTIAL LAND USES. THE FOUR PARCELS ARE
LOCATED SOUTH OF HOPEWELL ROAD (ROUTE 672) (ADJACENT TO AND
BEHIND THE NEW W A VERL Y FARM RURAL PRESERVATION SUBDIVISION)
AND WEST OF INTERSTATE 81 (ADJACENT TO 1-81 REST AREA) IN THE
STONEWALL MAGISTERIAL DISTRICT. THE PARCELS BEAR PROPERTY
IDENTIFICATION NUMBERS 43-A-75. 44-A-1. 44-A-3. AND 44-A-3B. - DENIED
Supcrvisor DeHaven advised that he would be abstaining from this item due to a conflict of
interest.
Planner II Candice Perkins appeared before the Board regarding this item. She stated this
was a request to expand the Urban Development Area and Sewer and Water Service Area to include
four parcels eontaining 130 aeres. This was a request that the Board wanted studied. The property
is currently zoned RA (Rural Areas) District. It is surrounded by agricultural and residential uses.
None of the proposed area is located in the Urban Development Area, Sewer and Water Service
Area, or small area land use plan. Planner II Perkins went on to say the Northeast Land Use Plan
designates the area as commercial. The applieant is requcsting an expansion of the UDA and SWSA
boundaries. She noted this was not a rezoning application. Planner II Perkins noted all housing
types would be appropriate following a UDA expansion. She wcnt on to say that 520 units were
possible in this area. A land use plan was not offered with this proposed plan amendment. She
stated that, in the past, the County has not extended the UDA in a non-eontiguous manner. The
Comprehensive Plans and Programs Subcommittee had concerns about this application. The
Planning Commission rccommcnded not to send this item forward for public hearing. The Board
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discussed this item and sent it forward for publ ic hearing. The Planning Commission hcld a public
hearing on this application and recommended denial of this request.
Ty Lawson, Attorney, appeared before the Board on behalf of the applicant. He stated the
applicants wish to proceed with a full age-restricted project and have submitted a proffered and very
specific rezoning application. He stated there has not been a huge outcry from the public and the
site is not an agricultural site because it is bounded by residential uses. He stated there was a
possibly an opportunity for the Waverly property to be included in a Comprehensive Plan Policy
they have commissioned.
Chairman Shickle convened thc public hearing.
Rebecca Brown, Gainesboro District, wanted to know how traffic would get into and out
of the subdivision.
Jim Stonestreet, Stonewall District, stated that he was an adjoining property owncr and had
lived there for scven years. He stated that the idea of an age-restricted community appeals to him.
He believes it is a desirable piecc of property and the situation would be a win/win for the County.
There being nor further comments, Chairman Shickle closed the public hearing.
Supervisor Lemieux stated that he understands this property is located outsidc of the UDA,
but this was an opportunity to study, land plan, etc. The expansion ofthe UDA and SWSA in no
way approves the applicant for anything. He concluded by saying it would be terrible to see this site
turned into five acre lots.
Supervisor Lemieux moved to approve CPP A #06-06.
Chairman Shickle stated that he sincercly hoped he would not see rural preservation, five
acrc lots on the site. He did not want the Board to quit looking at this property and continue to look
for some solution for the Board and the land owner.
Supervisor Van Osten agreed with Chairman Shickle's remark. She appreciated the work
which had gone into the study and application and felt this might be a good use down the road.
Supervisor Dove agreed with Chairman Shickle. He felt more land owners needed to get
together on this application.
Supcrvisor Lemieux agreed with getting more land owners, but stated that the problem now
is that the Board has only one on this application. He went on to say that if this application were
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approved then it could serve to drive a larger area.
Vice-Chairman Fisher agreed with the approach but stated that he could not support it
because there is no sewer capacity and the expansion of the Opequon Plant is not going well.
Supervisor Ewing agreed with the other member's comments and those of Vice-Chairman
Fisher. He stated that utilities were his main concern.
Supervisor Lemieux's motion died for the lack ofa second and the request was denied.
OTHER PLANING ITEMS
ROAD RESOLUTION (#048-07) - RIDGEWAY ESTATES - JOLINE DRIVE
(STATE ROUTE 1546) - APPROVED UNDER CONSENT AGENDA
WHEREAS, the streets described on the attached Addition Form AM-4.3, fully incorporated
herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of
Frederick County; and
WHEREAS, the Resident Engineer of the Virginia Department of Transportation has
advised this Board that the streets meet the requircments established by the Subdivision Street
Requirements ofthe Virginia Department of Transportation; and
WHEREAS, the County and the Virginia Department of Transportation have entered into
an agreement on June 9, 1993 for comprehensive stormwater detention which applies to this request
for addition; and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department
of Transportation to add the streets described in the attached Additions Form 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 Departmcnt of Transportation.
This item was approved under the consent agenda.
BOARD LIAISON REPORTS
There were no Board of liaison reports.
CITIZEN COMMENTS
Rebecca Bronson, Gainesboro District, appeared before the Board representing the
Frederick County Equine Network. The purpose of the organization is to promote horse activities
in Frederick County. She noted that the equine industry accounts for $6 million of economic activity
in Frederick County. She concluded by saying the group was working with 4-H to build a public
use arena. A copy of the equine directory was distributed to each board member.
Minute Book Number 32
Board of Supervisors Regular Meeting of 02128107
311
BOARD OF SUPERVISORS COMMENTS
Vice-Chairman Fisher stated that the Board needs to be prepared to deal with the Total
Maximum Daily Load requirements.
Supervisor Van Osten thanked the equine group for bringing their activities to the Board's
attention.
Chairnlan Shickle provided the Board with copies ofletters ofthanks which were being sent
to Senator Potts and Delegates Athey and Sherwood for their work in this past legislative session.
ADJOURN
UPON A MOTION BY VICE-CHAIRMAN EWING, SECONDED BY SUPERVISOR
VAN OSTEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS
BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:30 P.M.)
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Richard C. Shickle
Chairman, Board of Supervisors
Minute' Prepared By: ~, c:. 'i .11
Deputy Clerk, Board of Supervisors
Minute Book Number 32
Board of Supervisors Regular Meeting of 02128107