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April 25 2007 Regular Meeting372 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, Apri125, 2007, at 7:15 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 Chairman Shickle called the meeting to order. INVOCATION Vice-Chairman Fisher asked those in attendance to observe a moment of silence for those who lost their lives on April 16`h during the Virginia Tech shooting. He then delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairnian Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED County Administrator John R. Riley, Jr. noted that the public hearing regarding the proposed abandonment of Route 740 has been postponed until the May 23, 2007 meeting. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the 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 CONSENT AGENDA There were no items for the consent agenda. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 373 MINUTES -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the minutes from the April 1 l , 2007 Regular Meeting. 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 COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF CLAY WHITACRE AS A MEMBER OF THE BOARD OF BUILDING APPEALS -APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board appointed Clay Whitacre to the Board of Building Appeals. This is a five year appointment, said terns expires Apri125, 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 COMMITTEE REPORTS PUBLIC SAFETY COMMITTEE REPORT A meeting of khe Public Safety Committee was held on Tuesday, April 17, 2007. Committee members present were: Committee Chair Barbara Van Osten, Gary Dove, John Riley, Fire & Rescue Association President Mike Cline, Fire & Rescue Director Gary DuBrueler, Sheriff Robert Williamson, Carolyn Glaize, and Helen Lake. Also in attendance were Marcus Lemasters, Director of Frederick County GIS Department, Patrick Fly, GIS Technician, Denny Linaburg, Frederick County Fire Marshal, Public Safety Communications Director LeeAnna Pyles, Christina Franchok, Frederick County Fire & Rescue Volunteer Coordinator, Scott Miller, Chief 21, and Dr. Potter. The following items were discussed: A moment of silence was observed for the victims and families of the Virginia Tech shooting. 1. Approve New First Due Fire and Rescue Company Boundaries, as Established b, County CIS System. - Approved G1S has been asked to provide new first due boundaries for the fire companies based on the street Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 374 centerline file. T`he street centerline file consists of all county roads with an assigned name. Three maps were given to the Committee: 5 minute response time, 10 minutes response time, and the proposed first due boundaries. Each fire station was located on the map by their address point. A network analysis was then run to show any gaps, according to time criteria's and travel conditions. The software then provided the information of which areas could be covered within the time frame provided. The maps were presented to the fire chiefs who had approved them with the exception of changes made within the Summit. A request was made to change the southern boundary between Middletown and Stephens City, this request was not granted. John Riley stated that it has been approximately 16 years since the hiring of the first Fire & Rescue manager and full-time employees and this is the first step to reconfigure the boundaries based on GIS. The second phase will be new agreements drafted between the County and each company. The final phase will be asnap-shot of each company based on CAD and Firehouse software data to show what each company looks like based on response times, number of personnel, and amount of equipment which goes into a dispatch. Based on that information, performance standards will be developed for each company. In the future, if changes need to be made they will be done through this process. Mike Cline asked if the fire chiefs have seen the maps with the changes made within the Summit area. He declined to give his support until the fire chiefs have seen the current maps. Mr. Riley asked that the Committee approve the new boundaries and make the recommendation to forward to the Board. The only map changes were those requested by the chiefs for the area surrounding the Summit (Lake Holiday). Gary Dove made motion to approve the boundaries and forward it to the Board as was seconded by Carolyn Glaize Mike Cline opposed all other members were in approval. Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved the new first due boundaries. 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 THIS AREA LEFT BLANK INTENTIONALLY Miuute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 174-~ Fire and Rescue 1st Due Boundaries 11 STEPHENS CITY 12 MIDDLETOWN 13 CLEARBROOK 14 GORE 15 ROUND HILL 16 GAINESBORO 17 STAR TANNERY 18 GREENWOOD 19 NORTH MOUNTAIN 20 REYNOLDS STORE 21 MILLWOOD .~ ,, .. -, .. ~i 52 ~~, IQI Fire Stations ,. .--. ~~ #~ 1~ _ ~. 1st Due Boundaries 1 ,~~ .~ ~~ . ;~ " _ ~!~ ~x ~ „~ ~` ~~ -,. .~_ ~ ., r e J' , ~ ~ ~ 50 ' ~ ~ ~~i ~` ~ -` Co 14 • s, ~~~~ +' '- ,~ ~ i - _. . ~ _. i_, ' ~ i~l Go 16 '1~ - ~ / -~ '• 1 `~~ .~ , ~ ~ -~ y~ ~ ~_ ~ r r • :~ .~ •~ s r _,t ~ ~ e ti + _;K 1 50..., _ i ~; ~ ~ - ~ ~ I ~ ~~ `al[- s 'w_, ~ f~ < Co 15 :.~ Co 19 ~~ ~~ ~ ~ `~ i. ~ i • iw ~~ • I~' 'q~,» •~ y~v ~~ •~~/ ' i ~ 37 •-" i ~ t-' ,' •~ ~ x ~~, - N r' ~~ ~ ~ ~ ` ~~ ~ 55 ~~I~~ ~ _. ~i~~l ~ ~ ~ ~ a -• ~~ w t~ ~ ~~ q~Co18 -'~ ,r hq 1~ Co 21 ; r `~ `y • r 7 52 50 ~ ~, 1! ~ ,. _ ~~ ~+ ~, ~~ `. ~ '.~ rr~ ~ Co 12 ~~ • x • ~ ~ ~ ~ ~ ._ ~ ~: ~~ 11 -,~ r~ 7 ' 62 ®vie. _ Frederick County Department of Geographic Information Systems Minute Book 1Vmnber 32 Board of Supervisors Regular Meeting of 04/25/07 THIS PAGE LEFT BLANK INTENTIONALLY 375 ***Items Not Requiring Action*** 2. Regional Mutual Aid Agreement Gary DuBrueler presented the Northern Valley Emergency Preparedness Team (NVEPT) All Hazards/All Disciplines Mutual Assistance Agreement. This presentation has been submitted as information only at this time pending the addition of EMAC (Emergency Management Assistance Compact) reimbursement information. EMAC is a congressionally ratified organization that provides form and structure to interstate mutual aid. Through EMAC, adisaster-impacted state can request and receive assistance from other member states quickly and efficiently, resolving two key issues up-front: liability and reimbursement. This agreement provides for mutual assistance between the participating jurisdictions in managing or providing operational support in any emergency or disaster. This includes any department within the County. The agreement was modeled after the Tidewater and Fredericksburg areas. The final agreement should be completed in June. Currently, we have individual mutual aid agreements with fire companies. Mr. Riley would like to continue to have separate mutual aid agreements, as well as a large agreement. During the chiefs' meeting, Mr. Riley requested that the fire chiefs develop a cost to respond to an incident within the mutual aid area. Mutual aid within West Virginia must be approved through the West Virginia Governor's Office. Sheriff Williamson requested that the County Attorneys look over the agreement for any conflicts between County Code and the agreement. 3. Fire Prevention Code Director of Frederick County Fire & Rescue, Gary DuBrueler and Fire Marshal, Denny Linaburg presented to the Committee a request for adoption of a Frederick County Fire Code. The current fire code has not been updated since 1988, and is still under the direction of the Planning Department. The proposed adoption would place direction of the Code within the Fire & Rescue Department, which is responsible for administration and enforcement ofthe Statewide Fire Prevention Code. Mr. Linaburg presented numerous issues that the Fire Marshal are dealing with including, building construction, blocked hydrants, and ingress and egress of restaurants, to name a few. The requested proposal is to adopt the current Virginia Statewide Fire Prevention Code as authorized by the Board of Housing and Community Development. This will allow for the establishment of a Board of Appeals. The Code would outline the requirements and expectations of the Fire Marshals, as well as allow for fee charges, which will be up to the discretion of the Board. All fees currently collected go to the Inspections Department with no reimbursement for the Fire & Rescue Department. The adoption process was previously turned away because of the fee structure involved and the legal terminology used. John Riley suggested having a joint committee meeting with Code and Ordinance to resolve any issues. Ms. Van Osten questioned whether the Committee would have the same previous concerns. Mr. Riley stated that certain circumstances may have changed and may warrant being revisited. The committee has requested that a cover memo of intent accompany the request at the next meeting. Mr. Riley suggested a narrative to explain where the department would like to go with this adoption. A request was made for a chart showing current structure, proposed structure, and exceptions showing costs and benefits. Carolyn Glaize made motion to refer the request for reconsideration of a local Fire Code adoption to Code and Ordinance, and was seconded by Helen Lake. Gary Dove opposed, all other members were in approval. Helen Lake asked to withdraw her second as she believes that the issue needs to stay with the Public Safety Committee at this time. However, she does agree that we need a fire code. Barbara Van Osten has asked for reconsideration ofthe motion withdrawal, all members were Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 376 in approval. Old Business: Barbara Van Osten requested the formation of the sub-committee for Fee for Service consisting of the following members: Barbara Van Osten, Gary Dove, Gene Fisher, Mike Cline, and Helen Lake. The responsibility of this committee will be to research the fiscal impact of the Fee for Service Program. John Riley suggested a fall 2007 time limit for the sub-committee to submit their findings. Meeting Date: The next Public Safety Committee meeting will be scheduled as needed. FINANCE COMMITTEE REPORT The Finance Committee met in the Board of Supervisors' Meeting Room at 107 North Kent Street on Wednesday, April 18, 2007 at 8:00 a.m. Member Gary Lofton was absent. 1. The Economic Development Commission requests a General Fund supplemental appropriation in the amount of $10,000. This amount represents a Regional Workforce Study done in collaboration with the Shenandoah County EDC and Workforce Solutions and Continuing Education at LFCC. No local funds needed. See attached memo, p. 1. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, 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 2. The Sheriff requests a General Fund budget transfer in the amount of $2.000 from the contingency line item. This amount represents estimated expenses for the remainder of the fiscal year to reimburse citizens for livestock killed. See attached information, p. 2-6. The committee recommends approval. -Referred Back to Finance Committee. Supervisor Ewing moved to approve the above request. The motion was seconded by Supervisor DeHaven. Supervisor Fisher expressed his concerns over this request. He stated that State Code makes reference to reimbursement for livestock killed by hybrid canines and it was his understanding the canines involved in this incident were pitbulls. With regard to the second request, he did not believe it was in compliance with the State Code. He stated that he could not support the motion. Supervisor Dove asked if the Board should send these items back to the Finance Committee for more information. Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 377 Supervisor Ewing stated that he did not have a problem with sending it back; however, the Committee should look at the entire policy. There being no further discussion, the above motion was defeated by the following recorded vote: Richard C. Shickle Nay Gene E. Fisher Nay Charles S. DeHaven, Jr. Nay Gary W. Dove Nay Bill M. Ewing Aye Philip A. Lemieux Nay Barbara E. Van Osten Nay Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, the Board referred this request back to the Finance Committee for review, as a policy issue, and another recommendation. 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 3. The Winchester Law Group, P.C. provides a proposed Deed of Conveyance for the transfer of the old Stephens City school property from the County to the Town of Stephens City for your consideration. See attached information, p. 7-9. This item has been tabled awaiting County Attorney review. 4. The Planning Department has provided information on Purchase of Development Rights for your consideration. See attached information, p. 10-25. The committee recommends authorizing staff to proceed with certification of the County's PDR program and has tabled the issue of certifying funds awaiting further information and discussion. -Authorized Certification of PDR Program. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board authorized staff to proceed with certification of the County's PDR program. 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 5. The County Administrator requests a General Fund budget transfer in the amount of $30,000 from the operational contingency. This amount represents expected legal and professional services for the remainder of the fiscal year. See attached memo, p. 26. The committee Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 37~ recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shicklc 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 ***For Information Only*** 1. The Finance Director provides a fund balance report. See attached report, p. 27. PUBLIC HEARING PUBLIC HEARING -ABANDONMENT -CONNECTION OFF GREEN SPRING ROAD (ROUTE 671) ONCE CONNECTED TO ROUTE 740 (ABANDONED 19942 THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK WILL HOLD A PUBLIC HEARING TO CONSIDER A PROPOSAL TO ABANDON GREEN SPRING ROAD (ROUTE 671) CONNECTION TO ROUTE 740 (ABANDONED 19942. A DISTANCE OF 0.025 MILES, PER § 33.1-151. CODE OF VIRGINIA. 1950, AS AMENDED - (POSTPONED). This item was postponed until the May 23, 2007 Board of Supervisors' meeting. PLANNING COMMISSION BUSINESS PUBLIC HEARING -PAVING OF RURAL ROADS -CONSIDERATION OF CHANGES AND UPDATES TO THE RURAL HARDSURFACE IMPROVEMENT PROJECT RATING SYSTEM POLICY. - (RESOLUTION #061-071-APPROVED Transportation Planner John Bishop appeared before the Board regarding this item. He advised that the proposed policy changes would only affect those roads currently on the non- scheduled list. The roads would be scored based on the following criteria: - Average Daily Traffic Count; - Occupied Structures; - Physical Road Conditions/Safety; - School Bus Travel; - Tifne on the Road Plan He went on to say the Transportation Committee spent several months on this proposal. He concluded by saying that staff was seeking two actions this evening: 1. Adoption of the revised policy language. Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 379 2. Adoption of the scoring system. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Chairman Shickle stated the proposal did not address an annual review of the proposed roads. Transportation Planner Bishop responded that review of the roads was not an annual process. The availability of new funds would trigger the review. Chairnan Shickle stated that he could not tell that from what he read in the packet. He then asked for clarification of the term "rational termini". Transportation Planner Bishop responded that the term meant intersection to intersection. Supervisor DeHaven stated that he would support sending this proposal back to the Transportation Committee in order to add language that deals with an annual review. Director Lawrence stated if there was uncertainty at the Board level, then language could be added to clarify. Supervisor Ewing stated that he had a problem with newer roads getting ranked ahead of those that had been on the list for a long time. Supervisor DeHaven stated that the ranking system was focused toward safety issues. Transportation Planner Bishop stated the most recent update involved a review of all roads; however, the policy language could be clarified. Supervisor DeHaven asked staff to clarify the changes the Board was looking for. Chairman Shickle stated that the Board could consider adoption and then staff could make changes if they were meager, if the changes were major, then the Board would hold another public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board adopted both the policy language and the ranking system as presented. WHEREAS, the Frederick County Transportation Committee and the Frederick County planning staff reviewed the procedures for the Hard Surface Improvement Project Rating System Policy for Frederick County; and WHEREAS, the Frederick County Transportation Committee, at its meeting on March 26, 2007, supports these procedures; and WHEREAS, the Board of Supervisors held a public hearing on this policy on Apri125, 2007 Minute Book Number 32 Board of Supervisors Regular Meeting of 04!25/07 380 and supports these procedures for the Hard Surface Improvement Project Rating System Policy. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Hard Surface Road Improvement Project Rating System Policy section ofthe Frederick County Secondary Road Improvement Plan appears to be in the best interest of the public health, safety, and welfare of the citizens of Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves these procedures to delineate the steps necessary for the application and ranking of projects for the Hard Surface Improvement Project Rating System Policy at their public hearing held on Apri125, 2007. This resolution 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 OTHER PLANNING ITEMS REZONING #02-07 OF EASTGATE COMMERCIAL, SUBMITTED BY PATTON HARRIS, RUST & ASSOCIATES, TO REZONE 10.65 ACRES FROM RA (RURAL AREASf DISTRICT TO THE B2 (GENERAL BUSINESS DISTRICT AND 8.23 ACRES FROM B3 (INDUSTRIAL TRANSITION) DISTRICT TO B2 (GENERAL BUSiNESSI DISTRICT, WITH PROFFERS. FOR COMMERCIAL USES. THE PROPERTIES ARE LOCATED WEST OF FRONT ROYAL PIKE (ROUTE 522 SOUTH), IMMEDIATELY NORTH AND SOUTH OF MARANTO MANOR DRIVE (ROUTE 6421, AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 87-A-34, 87-A-34B, 87-A-35, 87-A-36, 87-A-37, AND 76-A-53 IN THE SHAWNEE MAGISTERIAL DISTRICT (VOTE POSTPONED FROM APRIL 11. 2007 BOARD MEETING.I -APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She stated this was the same application the Board reviewed at its April 11, 2007 meeting. The Board postponed action on this item for two weeks, at the applicant's request, in order that the applicant could revise the proffer statement. The proffer statement was to be changed to reflect the applicant's willingness to use VDOT's preferred design method. The only proffer revision addresses the turn lane. She concluded by saying there was no change to the proffer regarding the use of VDOT's preferred method. Ron Mislowsky, Patton, Harris, Rust, & Associates, appeared before the Board on behalf of the applicant. He stated the VDOT design manual talks of desired and minimum standards. He went on to say they work with VDOT regularly and stated they would ask VDOT if it makes sense Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 381 in some cases to use the minimum instead of desired. He went on to say that he could not now commit to do the desired design. He stated that the applicant proffered road improvements that addressed the TIA. He went on to say the length and types of lanes have not been specified. Mr. Mislowsky added that the original design of Tasker Road assured the improvements would be made. He concluded by saying if staff had some standard that could not be worked out at final design then that could be an issue, otherwise the proffer covers his development and background traffic. Vice-Chairman Fisher asked about preferred versus minimum standards and if the applicant has some leeway if VDOT makes a recommendation under preferred. Lloyd Ingram, VDOT, stated they have a good working relationship with Patton, Harris, Rust, & Associates. He went on to say that VDOT would be concerned if the property changed hands without the proffer. He stated the design could be enforced, but it would be more difficult without the proffer. He added that if the proffered language was not in there both parties could work through it. He concluded by saying the VDOT was looking for the safest design out there. Supervisor Van Osten stated if the language was in the proffers and there were mitigating circumstances where changes needed to be made then the applicant's worries seem ill founded. Mr. Mislowsky stated he had gone through the VDOT design manual and could not find "preferred", but did see "desired and minimum standards". He stated that the applicant feels the "desired" proffer is a problem and the VDOT standard is the desired standard unless there is a reason not to follow it. He concluded by saying that he did not understand what the applicant would be proffering. Chairman Shickle stated the Board was trying to avoid a situation where a verbal commitment was not followed through because it was not put in writing. He went on to say the Board was looking for the security of knowing what the improvements would be. He reminded the applicant that the proffer is made to the County, not VDOT, and the County must enforce it, even though the applicant knows VDOT will make them do it. Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board approved Rezoning #02-07. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 382 Charles S. DeHaven, Jr. Ayc Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye MASTER DEVELOPMENT PLAN #17-06 OF CROSSPOINTE CENTER - APPROVED Planner II Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan fora 574.37 acre parcel for 1,578 single family homes and 960,000 square feet of commercial uses. The property is located in the South Frederick Land Use Plan, Sewer and Water Service Area, and Urban Development Arca. The applicant has proffered the following transportation improvements: - Tasker Road extension and realigned intersection with Warrior Drive. - Extension of Route 37. - Warrior Drive extended. - Interstate 81 ramps to be modified to level of service C. Planner Ti Perkins noted there remained outstanding agency comments that would need to be addressed before the plan could be approved. She noted that future intersection improvements would be at VDOT's and the County's expense. The applicant has proffered nine acres to the County for a public use site. She concluded by saying this master development plan could not be approved until approvals arc received from VDOT and other County agencies. Vice-Chairman Fisher asked about approval from the Federal Highway Administration's approval. Scott Alexander, VDOT, advised that the Federal Highway Administration was involved because the project included Exit 310. The Administration has approved a three phase plan which will ultimately lead to a full cloverleaf at that interchange. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lemieux, the Board granted staff administrative approval authority for Master Development Plan #17-06, contingent upon receiving approvals from VDOT and other County departments. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 3$3 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye SHENANDOAH MASTER DEVELOPMENT PLAN UPDATE Planner 1 Bernard Suchicital appeared before the Board regarding this item. He advised that the applicant was proposing some minor adjustments to the master developmentplan; however, this item was being presented to the Board for information only and no action was required. He then reviewed the minor revisions, which included: - a shift in the phase lines; - modification of the housing-type totals; - realignment of a few internal neighborhood streets. Planner I Suchicital noted that water and sewer could not be extended beyond the boundaries of the development. Supervisor Dove asked about the proposed site for a fire station. Director Lawrence responded that the County would have to work with the applicant on the site location. DISCUSSION OF AGE RESTRICTED MULTI FAMILY HOUSING Senior Planner Susan Eddy appeared before the Board regarding this item. She advised this was a proposed zoning ordinance amendment initiated by Patton, Harris, Rust, & Associates to allow a new type of age-restricted house, which would permit applicants to incorporate the use of elevators. Under this proposal the building heights and density would be higher. The proposed use would only be allowed in proffered age-restricted developments. There are currently eight such developments in which this could apply: Snowden Bridge (part); Orrick Commons; Crosspointe (part); Cedar Meadows; Harvest Ridge; Westbury Commons; Westminster Canterbury; and Willow Run (part). She went on to say this proposal is loosely based on the existing garden apartment housing type. The differences include: higher density (20 units/acre); a higher maximum number of dwelling units per building (110); higher maximum building height (60 feet); reduced (five feet) setback from parking areas or driveways; greater (100 feet) setback from the side and rear; and a requirement for an elevator. Senior Planner Eddy went on to say that the Development Review and Regulations Subcommittee was supportive of this proposal, but wanted to limit the building to four Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25!07 3$41 stories with a front set back of 60 feet. The committee's main concern was parking and they would like to see two spaces per unit. Shc then reviewed the proposed changes to the Zoning Ordinance. Following the review, she noted that neither the Fire Marshal nor the Building Official had any concerns with the proposal. She advised that the Planning Commission was concerned about compatibility and some suggested allowing this use as a conditional use permit. They also felt the parking proposal of two spaces per unit was too high. Supervisor DeHaven asked if any input was received from the Sheriff's Department and Fire and Rescue. He felt this proposal would have a huge impact on Comprehensive Plan issues. Supervisor Dove stated that he agreed with the Planning Commission regarding the parking requirement. He did not think more parking was needed than what was currently required for a garden apartment. He would prefer less asphalt. Supervisor Lemieux stated "until the County gets a good transportation system in place", he had concerns about the density. With regard to parking, he did not feel one space per unit was right, nor was two spaces per umt. Vice-Chairman Fisher expressed concern about screening buffers. He stated if this were to be placed against an existing development, then it would be a problem. He felt this was something that needed to be looked at. Supervisor Van Osten asked about a sliding scale parking requirement, as two spaces might be appropriate for certain units, but not all units. Chairman Shickle felt the parking requirement should be 1.5 spaces per unit and that reducing the height to four floors was not a good idea. He went on to say that the more money a developer must put into frivolous things, the less quality the interior of the building would have. He stated that he had seen these types of units and some had parking underneath the buildings and lots of lights. He stated that he preferred the applicant's original proposal with the exception of the setback. He felt this was also a form of affordable housing. Supervisor DeHaven liked the Planning Commission's suggestion of allowing this use with a conditional use permit versus a by-right use. He stated that his biggest concern with a large development like this would be locating adjacent to existing neighborhoods. He agreed that the County wants good examples of this type of development, but he wants to ensure the examples being Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 3$~ built are good. Vice-Chairman Fisher did not want to see this as a by-right use and he did not want it in the middle of an existing development. Supervisor Lemieux was concerned about the conditional use permit option, but he did not agree with having it as a by-right use. Vice-Chairman Fisher suggested buffering requirements that could be waived, ifappropriate. Chairman Shickle stated this type of development would only be permitted in proffered age- restricted developments. Supervisor Ewing agreed with Supervisor Fisher regarding the buffer, but stated that he was not sold on the conditional use permit option. Supcrvisor Dove stated the market would determine where these units are built and he had no problem with them in proffered age-restricted communities. Supervisor Van Osten stated the conditional use permit was problematic; however, she would like to have some oversight regarding the buffers. Chairman Shickle stated the proposal nceded more work before going to public hearing and there was no overwhelming support for two parking spaces per unit. Supervisor Van Osten asked about the 4 story issue. Chairman Shickle felt 60 feet "period" was all that needed to be said. Supervisor Van Osten stated that she would like to see language addressing flat roofs. Supervisor Ewing had concerns about Fire and Rescue serving a 60 foot building. Supervisor Dove stated there was no need to cap the height at four floors. Senior Planner Eddy asked about the buffer issue. Supervisor Van Osten felt it was a valid issue. Vice-Chairman Fisher asked to have a waiver provision and felt changes should be made to all buffer requirements for tall buildings. Supervisor DeHaven suggested an increased distance buffer instead of an increased screening buffer. Staff was directed to make changes based on the Board's input. BOARD LIAISON REPORTS Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 386 There were no Board liaison reports. CITIZEN COMMENTS Ron Heath, Shawnee District, spoke regarding Crosspointe and asked if consideration was given to a pedestrian crossing over Interstate 81. He also asked about a pedestrian trail connecting Crosspointe to Bowman Library. BOARD OF SUPERVISORS COMMENTS Supervisor Lemieux advised that he had been working with the Planning Director and Zoning Administrator regarding overcrowding in houses. He asked if the Board would like to refer this item to the Public Works Committee. Upon amotion byVice-Chairman Fisher, seconded by Supervisor Ewing, the Board referred the overcrowding in houses issue to the Public Works Committee. 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 Ayc Chairman Shickle advised that he had suggested to the Planning Director and Planning Commission Chairman that thcy bring a strategy to the Board of Supervisors regarding master development plans where the plans would be received as information only with no vote taken. He concluded by saying that he would like to see the Planning Commission and Board treat these plans the same way. ADJOURN UPON A MOTION MADE BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME 9:17 P.M.) ^-~ Richard C. Shickle J .Riley, Chairman, Board of Supervisors CI rk, Board of Supervisors Miuute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07 387 Minutes Prepared By: ~ ,I ~ . ~~~, i Jay E. ib Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Regular Meeting of 04/25/07