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HomeMy WebLinkAboutFebruary 14, 2007 Rescheduled Meeting 272 The rescheduled February 14,2007 meeting of the Frederick County Board of Supervisors was held on Wednesday, February 28, 2007, at 4:00 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 Gene E. Fisher; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDER Chairnlan Shickle called the meeting to order. INVOCATION Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the agenda as presented 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 CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the consent agenda: Parks and Recreation Commission Report - Tab G; Road Resolution - Star Fort, Section 5 and Rose Hill Meadows, Curry Court - Tab P. Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing, the Board approved the consent agenda 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 Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Reseheduled to 02/28/07 Due to Inclement Weather) 273 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' commcnts. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board approved the minutes from the January 24, 2007 Regular Meeting by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charlcs 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 Supervisor Dove, seconded by Supervisor Ewing, the Board approved the minutes from the January 31, 2007 Budget W orksession 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. Lcmieux Aye Barbara E. Van Osten Aye PUBLIC HEARING PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 33. SUPERVISORS. BOARD OF. BY THE ADDITION OF A NEW PARAGRAPH, CONTINUITY OF OPERATIONS. THE PURPOSE OF THIS AMENDMENT IS TO ALLOW FOR THE CONTINUITY OF BOARD OF SUPERVISORS' FUNCTIONS IN THE EVENT OF AN EMERGENCY - (RESOLUTION #042-07) - APPROVED Administrator Riley advised that staff had drafted a Continuity of Operations Ordinance to allow the Board to continue to function in an emergency should the Chairman, Vicc-Chairman, and/or othcr board members become incapacitated or unable to fulfill their duties. The proposed ordinance addresses the implementation of the County's Emcrgency Operations Plan, a line of succession for board members, and finally, the procedure for filling member vacancies during an emergency event. He went on to say that Virginia Code 915.2-1413 authorizes governing bodies to provide for the continuity of government in the event of a disaster. The ordinance is limited in Minnte Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Weather) 274 its effect for a period of six months. He concluded by saying that once adopted this ordinance will become part of Chapter 33 of the Frederick County Code. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the Ordinance to amend the Frederick County Code, Chapter 33, Supervisors, Board of, by the Addition ofa New Paragraph Continuity of Operations. WHEREAS, the government of Frederick County is responsible for maintaining an emergency plan and response capability to protect the lives and property of its citizens from the effects of both manmade and natural disasters; and WHEREAS, County government must continue to function throughout a disaster or emergency situation; and WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, will be called upon to meet and transact the County's business during such an event; and WHEREAS, Virginia Code 915.2-1413 authorizes governing bodies oflocalities to provide for continuity of government in the event of a disaster for up to a period of six months; and WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, finds that adoption of an ordinance to enable the continuity of government to be in the best interest of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors ofthe County of Frederick, Virginia, that the Code of Frederick County, Chapter 33 - Supervisors, Board of, be amended to include the following procedure to ensure the continuity of government during an emergency. ~ 33.2 Continuity of Government A. During an emergency event, the Emergency Operations Plan of Frederick County, Virginia, adopted December 10,2003, as amended, shall be implemented. B. In the event the Chaimlan is unable to perform his/her duties and the Board is unable to meet to elect a temporary Chair, the following line of succession shall be implemented: a. Vice-Chairman of the Board of Supervisors b. The Supervisor having the most seniority on the Board, which shall be determined by the number of years of service on the Board.. c. If it is determined that two or more Supervisors are next in line, then the determining factor shall be made by the alphabetical succession of the magisterial districts (i.e. Back Creek, Gainesboro, Opequon, Red Bud, Shawnee, and Stonewall). C. All vacancies on the Board of Supervisors occurring during the emergency event shall be filled pursuant to Virginia Code 924.2-225 et. seq. Adopted this 281h of February, 2007. Minute Book Nnmber 32 Board of Snpervisors Regnlar Meeting of 02/14/07 (Reschednled to 02128107 One to Inclement Weather) 275 The above motion was approved by the following recorded vote: Richard C. Shick1e 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 PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #14-06 OF GLAIZE PROPERTY. SUBMITTED BY PAINTER-LEWIS. PLC, TO REZONE 1.38 ACRES FROMRA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT. WITH PROFFERS. FOR COMMERCIAL USE. THE PROPERTY IS LOCATED ON THE SOUTHWESTERN QUADRANT OF THE INTERSECTION OF NORTHWESTERN PIKE (ROUTE 50)/ROUND HILL ROAD (ROUTE 803)/RETAIL BOULEVARD. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 52-A-252 IN THE GAINESBORO MAGISTERIAL DISTRICT (POSTPONED FROM THE JANUARY 10.2007 BOARD MEETING) - APPROVED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised this was an application to rezone 1.4 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. The property is located in the Gainesboro District and its present land use is vacant. The parcel is surrounded by B2 (Business General) District property to the north and B3 (Industrial Transition) District to the south, east, and west. The applicant is seeking all uses allowed in the B2 District. The parcel is located in the Sewer and Water Service Area and Phase II area of the Round Hill Land Use Plan. Based on the adopted land use plan, the proposed use complies with the Comprehensive Plan. The applicant has provided a 20-foot strip ofland along Route 50 and has reduced the size and number of signs. The applicant would like to have two rows of parking in front of the building along Route 50. The application has proffered a right in only entrance along Route 50 and a full entrance on Round Hill Road. The Planning Commission has raised a number of issues and recommended denial because the application did not conform to all of the design standards contained in the comprehensive plan. John Lewis, Painter-Lewis, P.L.e., appeared before the Board representing the applicant. He stated there were no other concerns with the application besides the placement of the parking. The applicant was not willing to proffer the elimination of the parking in front of the building because it would: Minute Book Number 32 Board of Supervisors Regular Meetiug of 02/14/07 (Rescbeduled to 02/28107 Due to Inclement Weather) 276 impact the market value of the property; result in the use of rear entrances; result in potential conflicts between customers and building service; development of the site would result in a smaller building; would lose 50 feet ofland because of the building set back and parking. He went on to say there were no specific uses to be constructed on the site and the phrases "close to Route 50" and "parking in the rear" are not defined. He stated the Comprehensive Plan language is a guide and the applicant finds the impact detrimental to the site. He concluded by asking the Board to approve the application. Chairnlan Shickle convcned the public hearing. Stephen Pettier, attorney for the applicant, stated this was a speculative rezoning and no end user had yet been identified. He went on to say the applicant was being asked to proffer something that is really a site plan issue. He stated there was no contention on whether the property should be rezoned, but the issue is the design standards, which could result in the facade of the building not facing Route 50. Dave Ervin, Back Creek District, appeared before the Board regarding this application. He stated that, as a local developer, he put a special emphasis on the quality factor and it was a concern if this rezoning was turned down based on vague guidelines. He concluded by saying this is not the best thing to do on a project. There being no further comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved rezon i ng application # 14-06. Supervisor DeHaven stated that he did not think there was anything wrong with having a vision of how this corridor should appear and he does not feel this is the imposition that it could be. WHEREAS, Rezoning #14-06 of Glaize Property, submitted by Painter-Lewis, PLC, to rezone 1,38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use, was considered. The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50)/Round Hill Road (Route 803)/Retail Boulevard, in the Gainesboro Magisterial District, and is identified by Property Identification Number 52-A-252. WHEREAS, the Planning Commission held a public hearing on this rezoning on November 1,2006; and Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescbeduled to 02/28/07 Due to Inclement Weatber) 277 WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 14,2007; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehcnsive Policy Plan. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial usc, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved 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 Nay Barbara E. Van Osten Nay PUBLIC HEARING - URBAN DEVELOPMENT AREA mDA) STUDY POLICY, CONSIDERATION OF AMENDMENTS TO THE FREDERICK COUNTY 2003 COMPREHENSIVE POLICY PLAN, CHAPTER 6, LAND USE, TO MODIFY THE LAND USE POLICY TEXT TO REFLECT THE LAND USE POLICY PROPOSAL FOR THE URBAN AREAS OF FREDERICK COUNTY PROMOTED BY THE UDA STUDY - (RESOLUTION #043-07) - APPROVED Dcputy Planning Director Michael Ruddy appeared before the Board regarding this item. He stated this was a land use proposal for the urban areas ofthe County. He stated this policy contains a positive altcrnative to the land use policy currently in the Comprehensive Plan. The proposal cnables a proactive land use plan based on creating a community in the Urban Areas. The principles of this plan include: Neighborhood Villages and Urban Centers; Community Facilities in the Urban Areas; Transportation in the Urban Areas; Green Infrastructure in the Urban Areas. The Planning Commission held a public hearing on this proposal and subsequently recommended approval. Chairman Shickle asked about the identified areas adjacent to the Urban Development Area. Deputy Director Ruddy stated that in the future these might be locations where this policy Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Weather) 278 could be used. Supervisor Van Osten asked if any ofthe currently identified areas were partially outside of the Urban Development Area. Deputy Director Ruddy responded that several of the identified locations were combination areas. Supervisor Van Osten asked about the meaning of smart transportation. Deputy Director Ruddy responded that meant a variety of transportation choices should be provided. Supervisor Van Osten stated the time was right to establish a Natural Resources Advisory Board to assist in protecting and maintaining the green infrastructure in the urban areas. Supervisor DeHaven stated that he appreciated the hard work staff and the committee put into this proposal. He went on to say the areas shown on the proposed location map are not ready for development, but merely locations where this type of development could occur. Chairman Shickle convened the public hearing. R. J. Turner, Back Creek District, stated that he would like the Board to remember there are potentially two other urban centers (i.e. Perry and Arcadia Property and Sulphur Springs Road and the proposed location of the new Stephens City interchange. Mia Weisbach, Shawnee District, expressed her concerns about increased stormwater runoff under this proposal. She wanted to encourage low impact development and to also affiml Supervisor Van Osten's proposal for a natural resources advisory board.. There being no further public comments, Chairman Shiekle closed the public hearing. Chairman Shickle asked about the process by which locations for this type of development would be identified. Deputy Director Ruddy responded that the current areas proposed could serve as a foundation to grow other areas. He went on to say that an applicant could address the County through the Comprehensive Plan amendment process. Planning Director Eric Lawrence advised that the circles on the proposed map are areas identified by the County as "great locations" for this type of development. Supervisor DcHaven stated that during all of the discussions surrounding this proposal he Minute Book Number 32 Board of Supervisors Regular Meeting 01'02/14/07 (Rescbeduled to 02/28/07 Due to Inclement Weather) 279 never got the impression that the il1ustrated locations were the only locations. He went on to say that staff and the committee were identifying potential areas. Supervisor Dove suggested adopting the proposed amendment without the map showing the locations. Supervisor Fisher stated that early on the Board talked about these centers and how they would relate to the current urban development area. He went on to say that he would like to have it all outlined, but believed overall this was the right concept. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board approved the amendment to the Frederick County Comprehensive Policy Plan, Chapter 6, Land Use, to modify the land use policy text to reflect the Land Use Policy Proposal for the Urban Areas of Frederick County, as promoted by the Urban Development Area Study, to include the acknowledgment of potential urban centers and neighborhood villages as proposed locations. WHEREAS, an amendment to the Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, to modify the land use policy text to refleet the Land Use Policy Proposal for the Urban Areas of Frederick County, as promoted by the Urban Development Area Study, was considered as an addition to the existing land use policies of the 2003 Comprehensive Plan. These amendments were reviewed by the Comprehensive Plans and Programs Subcommittee (CPPS), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, the Comprehensive Plans and Programs Subcommittee (CPPS) recommended approval of these amendments on October 9, 2006; and WHEREAS, the Planning Commission held a public hearing on these Comprehensive Policy Plan amendments on January 17,2007; and WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on February 14,2007; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan amendment to be in the best interest ofthe public health, safety, welfare, and in good planning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, is amended to modity the land use policy text to reflect the Land Use Policy Proposal for the Urban Areas of Frederick County, as promoted by the Urban Development Area Study, as an addition to the existing land use policies of the Plan. Chairman Shickle asked ifthe locations would turn from potential to real based on a rezoning application. Deputy Director Ruddy responded yes. The above motion was approved by the following recorded vote: Minute Book Number 32 Board of Supervisors Regular Meetiog of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Weather) 280 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 - REZONING #22-06 FOR SOUTHERN HILLS. SUBMITTED BY WILLIAM H. GORDON ASSOCIATES. TO REZONE 15.53916 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS AND 90 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT WITH REVISED PROFFERS FOR RESIDENTIAL AND COMMERCIAL USES. THE PROPERTIES ARE LOCATED APPROXIMA TEL Y 2.800 FEET SOUTH OF THE INTERSECTION OF ROUTE 277 AND TOWN RUN LANE. AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 85D-I-I-95B AND 85-A-138. IN THE OPEQUON MAGISTERIAL DISTRICT - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He stated this was an application to rezone 105 acres located in the Opequon Magisterial District. The Board of Supervisors originally approved Rezoning Application #01-0 I to rezone 105 acres from RA (Rural Areas) District to RP (Residential Performance) District to accommodate 250 single- family detached units. The current request is to rezone 15 acres from RP (Residential Performance) District to B2 (General Business) District with profTers and 90 acres from RP to RP with revised proffers. Deputy Director Ruddy stated the revised proffers provide for a mix of housing and land use types. The applicant has proffered a 100 foot right-of-way for Warrior Drive extended. Staff has worked with the applicant to address transportation needs and the applicant is facilitating the relocation of Exit 307. The applicant is requesting 88 single family detached and 232 single family attached residences. The result is an increase from 250 units to 320 units. Access to the commercial area would be via Town Run Lane and Warrior Drive. The previous rezoning proffered $4,910.00 per lot. The new proffer statement maintains the same monetary contribution and applies to the additional 70 lots. Deputy Director Ruddy reviewed proffer #9, which dealt with the dedication of the 100 foot right-of-way for Warrior Drive to the County within 90 days of receiving a written request. The Planning Commission reviewed this application and recommended approval with a revised proffer statement, as agreed to by the applicant. Deputy Director Ruddy stated the revised proffer statement included two additional proffers: - Proffer #10 - no more than 10 percent of the maximum allowable commercial square Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14107 (Rescheduled to 02/28/07 Due to Inclement Weather) 281 footage shall bc constructed before the portion of Warrior Drive extended is constructed through the property. Property #11 - residential building permits shall be limited to no more than 75 permits per calendar year with an accumulation allowance. Chairman Shickle stated that the applicant was under no obligation if they wanted to build more than 10%, because therc is no improvement to traffic unless the road goes somewhere. Supervisor Ewing stated the traffic count would be less by going to townhouses versus single family homes. Deputy Director Ruddy responded that was a correct statement. Supervisor Fisher stated the traffic impact would be greatcrwith the commercial component. Deputy Director Ruddy responded yes at full build out. Supervisor Ewing asked why the old proffer model was used instead of the new model. Deputy Director Ruddy stated a commitment was made to follow the old model and the applicant chose to proffer under that model. Doug Fleming, attorney for the applicant, stated that Arcadia was obligated to comply with the relocation ofthe Exit 307 interchange prior to phase II of the project. He stated the application before the Board this evening was a culmination of mcetings and he thanked staff for their work on a proposal that would work for everyone. He then focused his remarks on proffer #10. He statcd the Planning Commission was told that the applicant could limit the commercial development to 10% until Warrior Drive goes through the property. He stated the applicant originally did not want to limit their options, but they finally agreed to do that. He went on to say that ifthe Board was not concerned about limiting the commercial then the applicant would be willing to remove that provision; however, if the Board wanted to keep it then they would keep it. He stated that the 10% would apply to whatever the Board thinks is fair. He clarified the 10% restriction and stated the language mcant that occupancy of the commercial space would not occur above the 10% threshold. He concluded by saying thc applicant believed they could still file a site plan for the commercial and do the construction. Mark Dick, William H. Gordon Associates, stated the applicant looked at a change of use for the site brought on by Warrior Drive. Offsite improvements include the dedication of Warrior Drive right-of-way, the improved Y2 section of Town Run Lane, improvement of the Route Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Weather) 282 277 /Stickley Drive intersection, which the applicant has proffered $100,000 toward that effort. He briefly reviewed a handout regarding the proposed change of use. The residential traffic impact has been reduced to 192 vehicle trips per day. The number of students have increased by 1.28 students and open space has increased by 17.64 acres. Hc concluded by saying the proposed density ofthis application is less than other rezonings. Chairman Shickle convened the public hearing. There werc no public comments. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved Rezoning application #22-06. WHEREAS, Rezoning #22-06 of Southern Hills, submitted by William H. Gordon Associates, Inc., to rezone 15.53916 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, and 90 acres from RP (Residential Performance) District to RP (Residential Performance) District with reviscd proffers, for residential and commercial uses, was considered. The properties are located approximately 2,800 feet south of the intersection of Route 277 and Town Run Lanc, in the Opequon Magisterial District, and are identified by Property Identification Numbers 85D-l-l-l through 85D-1-1-95B and 85-A-138. WHEREAS, the Planning Commission hcld a public hearing on this rezoning on January 17,2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 14,2007; and WHEREAS, the Frcderick County Board of Supervisors finds thc approval ofthis rezoning to be in the best interest of the public health, safety, wclfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 15.53916 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, and 90 acres from RP (Residential Performance) District to RP (Residential Performance) District with reviscd proffers, for residential and commercial uses, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. This ordinance shall be in effect on the date of adoption. 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 - CONDITIONAL USE PERMIT #09-06 OF JOYCE MYERS Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14107 (Rescheduled to 02/28/07 Due to Inclement Weather) 283 FOR A KENNEL. THIS PROPERTY IS LOCATED AT 625 TOWN RUN LANE (ROUTE 1012). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 85-A-137 IN THE OPEOUON MAGISTERIAL DISTRICT - WITHDRA WN The above item was withdrawn at the applicant's request. OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #16-06 OF SOUTHERN HILLS - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He stated this revised master development plan is consistent with the rezoning previously approved and it recognizes the approval of phase 1. The plan also includes the necessary rights-of-way. The Planning Commission approved the waiver concerning the location of private streets to allow the 800 foot roads included in this plan. He concluded by saying the plan is consistent with the Zoning Ordinance requirements. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board authorized staff to administratively approve Master Development Plan #16-06. Supervisor Fisher stated there appeared to be some inconsistency in the road design and asked the applicant to consider some bottlenecks or other traffic calming measures. 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 ROAD RESOLUTIONS - APPROVED UNDER THE CONSENT AGENDA STAR FORT. SECTION 5 - (RESOLUTION #044-07) 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 an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Weather) 284 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 unrestrieted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOL VED, 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. ROSE HILL MEADOWS. CURRY COURT - (RESOLUTION #045-07) 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 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 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 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 Reauirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, tills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. COUNTY OFFICIALS RESOLUTION (#040-07) OF APPRECIATION FOR GENE T. DICKS - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board approved the Board approved the Resolution of Appreciation for Gene T. Dicks: WHEREAS, Gene T. Dicks served the County of Frederick, Virginia, faithfully, for the past 39 years as a member of the Industrial Development Authority of the County of Frederick, Virginia, since the Authority's inception, November 11, 1967; and WHEREAS, Mr. Dicks served most ably as the Treasurer of the Industrial Development Authority of the County of Frederick for the past 32 years; and WHEREAS, Mr. Dicks performed a valuable role in the industrial development of our community without thought of personal gain. Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Weather) 285 NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors ofthe County of Frederick, Virginia, recognizes Mr. Gene T. Dicks for his unselfish service and continued friendship toward this Board and the citizens of Frederick County. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors. ADOPTED this 28th day of February, 2007. 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 COMMITTEE APPOINTMENTS APPOINTMENT OF CLAUS BADER TO FILL UNEXPIRED TERM OF RICHARD E. CRANE AS RED BUD DISTRICT REPRESENTATIVE ON THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board appointed Claus Bader as Red Bud District representative to the Historic Resources Advisory Board to till the unexpired term of Richard E. Crane, said tenll to expire February 22,2010. 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 APPOINTMENT OF STACEY YOST AS STONEWALL DISTRICT REPRESENTATIVE ON THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board appointed Stacey Yost as Stonewall District representative on the Historie Resources Advisory Board. This is a four year term, said term to expire April 12, 2011. 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 Minute Book Number 32 Board of Supervisors Regular Meetiug of 02/14107 (Rescheduled to 02/28/07 Due to Inclement Weather) 286 Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF RICHARD A. RUCKMAN AS FREDERICK COUNTY REPRESENTATIVE ON THE BOARD OF BUILDING APPEALS - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board reappointed Richard A. Ruckman as Frederick County representative on the Board of Building Appeals. This is a five year term, said term to expire April 8, 2012. 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 CORRESPONDENCE RE: SPRING 2007 VPSA BOND APPLICATION AND REOUEST TO SCHEDULE PUBLIC HEARING - SCHEDULED FOR PUBLIC HEARING Administrator Riley advised this was a request for the Board to conduct a public hearing on a Spring 2007 VPSA Bond Application in the amount of $4,580,000 for final construction and project costs for the replacement Gainesboro Elementary School. The requested hearing date is March 14,2007. Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board authorized a public hearing on the Spring 2007 VPSA bond application. 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 RESOLUTION (#041-07) OF ENDORSEMENT RE: VIRGINIA RECREATIONAL TRAILS FUND PROGRAM - APPROVED Administrator Riley advised that the Parks and Recreation Commission was requesting approval to apply for an 80%-20% matching grant for a bicycle/pedestrian trail located adjacent to Old Dominion Greens subdivision along Warrior Drive and connecting to Sherando Park. This Minute Book Number 32 Board of Supervisors Regnlar Meeting of 02/l4107 (Reschednled to 02/28/07 One to Inclement Weather) 287 project would only be completed with County involvement ifthc grant is approved and the County receives 100% reimbursement. Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board approved the grant application. WHEREAS, in accordance with Department of Conservation and Recreation allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Department of Conservation and Recreation program a trails project in the County of Frederick. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors requests the Department of Conservation and Recreation to establish a project for a bike/pedestrian trail facility to connect the Tasker Land Bays subdivision to the recreation facilities in Sherando Park. BE IT FURTHER RESOL VED, that Frederick County will provide support to the project as specified in the application materials submitted. PASSED this 28th day of February, 2007. 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 MEMORANDUM RE: REGIONAL W ATERRESOURCE POLICY COMMITTEE- RESOLUTION OF SUPPORT - (RESOLUTION #049-07) - APPROVED Administrator Riley advised that the proposed resolution was generated by the Northern Shenandoah Valley Regional Commission's Regional Water Resources Policy Committee and is consistent with the ongoing study. The County's funding commitment is $8,295.00. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Van Osten, the Board approved the Resolution in Support of the Shenandoah Valley Regional Water Resources Policy Committee Policy Level Strategic Plan. WHEREAS, the waterresources ofthe Shenandoah Valley, both surface and ground water, are primary to its character and essential for long term economic viability of the Shenandoah Valley Counties of Augusta, Berkeley, Clarke, Frederick, Jefferson, Page, Rockingham, Shenandoah, and Warren, and the cities and towns therein and the Independent Cities of Harrisonburg, Staunton, Waynesboro, and Winchester; and WHEREAS, the 1999 drought brought together localities of the Northern Shenandoah Valley Regional Commission to consider long term water supply issues; and Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Weather) 288 WHEREAS, establishment of the Regional Water Resources Policy Committee by the Northern Shenandoah Valley Regional Commission, September 9, 2002 led to invitations for upstream and downstream jurisdictions to join in the process to seek a plan for ground and surface water resources for the many watersheds of the Shenandoah Valley; and WHEREAS, the Shenandoah Valley Water Resources Strategic Plan has been completed, recommending eleven major strategies; and WHEREAS, every jurisdiction in the Commonwealth is required by state mandate to complete the first strategy in the Strategic Plan, water supply planning, and is also required to meet the Chesapeake Bay 2000 Agreement requirements; and WHEREAS, implementation ofthe Shenandoah Valley Water Resources Strategic Plan will: (1) help localities cost-effectively meet the state mandated requirement for local water supply planning and further local efforts required by the Chesapeake Bay 2000 Agreement; (2) provide each community with more experience, skills, and information than they would have if they worked alone; (3) make the region and localities more competitive when seeking state, federal, and private foundation funding as these groups encourage regional efforts; (4) leverage work already being performed by and for local governments, stakeholder groups, the private sector, regional commissions, the Shenandoah Valley Pure Water Forum, and State and Federal agencies; (5) encourage the USGS and other related groups to continue adding to the scicntific knowledge of the Valley at little or no cost to localitics; (6) provide a "home" for regional water resource knowledge that local government can draw upon when making decisions; (7) enable each local government to maintain its autonomous control over water resource issues; and WHEREAS, a regional group will have more political influence and regional solutions will be less likely to be modified or over-ruled by a state agency; and WHEREAS, the Policy Committee has already generated thc following benefits for localities: (1) economic savings from the pooling of resources and reduced duplication of effort; (2) a locally developed set of integrated water resource goals applicable to localities throughout the Shenandoah Valley; (3) the development ofa central database at the Shenandoah Valley Pure Water Forum that lists groups working on water issues, the kinds of projects they are working on, where they are doing thcir work; (4) a better understanding of the major regulatory issues facing local jurisdictions with regard to water; (5) an increased level of scientific research on water issues in the region, as well as better coordination between the research ofthose working on water, air, and other natural resources research issues; Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Weather) 289 (6) the creation of an action oriented policy-level Water Resources Strategic Plan which is locally based and regionally networked to ensure the water resources of the Shenandoah Valley will not be overcommitted to the detriment of current and future generations; and WHEREAS, the implementation of the Strategic Plan will require support from elected officials, local technical staff, State and Federal agency staff, and stakeholders; NOW, THEREFORE, BE IT RESOL YED, that Frederick County will: (I) participate in the Regional Water Resources Policy Committee, ajoint exercise of powers for strategic planning by the Central Shenandoah Planning District Commission and the Northern Shenandoah Valley Regional Commission with participation by the West Virginia Counties of Berkeley and Jefferson, to oversee the policy-level Shenandoah Valley Water Resources Strategic Plan; (2) appoint an elected official representative as well as an alternate (staff, appointee, or elected official); (3) appoint assign or encourage, as appropriate, local government officials, staff and related agency personnel to participate on technical committees related to inter-jurisdiction coordination; and (4) participate in funding the Committee's work in FY 07-08 with a base local contribution of $8,295 computed from a Planning District per capita rate of 12 cents for the 2005 population of 69,123 for the Shenandoah Valley Water Resources Strategic Plan Fund managed by the Policy Committee to pursue implementation of the priority strategies on behalf of and in support of Shenandoah Valley local governments - the Counties, their Towns, and Cities, and (5) give consideration as appropriate, to related projects consistent with and supportive of the Strategic Plan; and FURTHER BE IT RESOLVED that Frederick County recognizes that the Shenandoah Valley Water Resources Strategic Plan will take years to implement and will require an ongoing source of funds and thus the County will consider annual funding requests in the future based on progress made and the availability of funds. Adopted this 28th day of February, 2007. Chairman Shickle stated that he was troubled by the resolution because he was not sure he could find 11 major strategies. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shiekle Nay 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 Dove, the Board appropriated $8,295 from the Operational Contingency fund for this item. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Weather) 290 Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER THE CONSENT AGENDA The Parks and Recreation Commission met on January 16, 2007. Members present were: Charles Sandy, Jr., Robert Hartman, P.W. Hillyard, III, Martin Cybulski, Ronald Madagan, Larry Sullivan, Jeffrey Butler, and Philip Lemieux Items Reauirinl: Board of Supervisors Action: 1. None. Submitted for Board Information Onlv: 1. Election of Chairman - MI. Sullivan moved to nominate MI. P. W. Hillyard, III, as Chairman, second by MI. Sandy, carried unanimously (6-0). 2. Election of Vice-Chairman - MI. Hartman moved to nominate MI. Charles Sandy, Jr. as Vice-Chairman, second by Mr. Butler, carried unanimously (6-0). Standing Committee Reports: 1. None. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on Monday, January 29,2007 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) James Racey (voting) George Kriz (liaison) Lewis Boyer (liaison) Members Absent Donald Breeden (liaison) Mike Smith (voting) ***Items Requiring Action*** 2. Public Private Transportation Act (PPTA) Policy At the request ofthe County Administrator, stafIhas modified the existing County adopted Public Private Education Act guidelines to include the Public Private Transportation Act of 1995. That policy, as modified, is attached. Including PPT A into this policy gives the County additional flexibility when dealing with transportation plan implementation issues. MOTION: Mr. Lemieux, second by MI. Racey To recommend that the Board adopt the new policy as revised. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the Public Private Transportation Act guidelines. Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Weather) 291 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 ***Items Not Requiring Action*** 1. Rural Roadways Ranking Svstem The Board of Supervisors has requested that the Transportation Committee review the ranking criteria for the hard surfacing of rural roadways in the County. Staff prepared and presented a number of draft scenarios to the Committee. Staff noted that in addition to the ratings system, the policy adopted by the Board of Supervisors allows the Board to promote projects which have public safety, health, or general welfare after the rating system has been applied. After discussion, the Committee requested that staff make additional changes to the rating system and report back at the February meeting. MOTION: Mr. Racey, seconded by Mr. Lemieux. To make additional changes to the hard surface project rating system and report back to the committee. Motion passed unanimously. 3. Metrooolitan Planninl! Orl!anization (MPO) Activitv Uodate I. Bicycle & Pedestrian Mobility Plan No additional meetings have taken place or been scheduled. 2. Local Assistance Projects The Subcommittee in charge of these projects, which includes Supervisors and Transportation Committee Chairman Chuck DeHaven and Transportation Planner John Bishop, has adopted the scopes of work for the Route 37 interchange study and the Route II access management study. A kickoff meeting is in the process of being scheduled for this work. 3. Multimodal Corridor Studies The MPO Technical Advisory Committee is currently evaluating four corridor studies to submit for a new VDOT grant program and will be reporting back to the MPO Policy Committee on those applications in February. They include: (1) 522 in the north end of Winchester and Burnt Church Road in Frederick County. (2) 522 from Route 50 to Double Church Road (3) Route 11 from Downtown Winchester to the West Virginia line (4) Route 7 from Piccadilly to the Clarke County line. 4. Article Distribution Minute Book Number 32 Board of Supervisors Regular Meeting of 02/14/07 (Rescheduled to 02/28/07 Due to Inclement Wcathcr) 292 Staff regularly disseminates transportation related items from state and nationwide outlets to the Committee for informational purposes. 5. Other Business Mr. Jack Lillis was presented to discuss the continuing concern of the residents of McDonald Road in getting that roadway paved. CITIZEN COMMENTS There were no citizen comments. RECESS UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DEHAVEN, THE BOARD RECESSED UNTIL 7:15 P.M. (6:00 P.M.). \ \L L. C t..>0---Z____ Richard C. Shickle Chairman, Board of Supervisors M;nut" P<op..'" By, ~]~/ ~1 J--1 Deputy Clerk, Board of Supervisors Minute Book Nnmber 32 Board of Snpervisors Regnl3r Meeting of 02/14/07 (Resehednled to 02/28/07 Due to Inclement Weather)