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May 09, 2007 Regular Meeting3$$ A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 9, 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 Reverend Barbara Roby, People's County Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED 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 -APPROVED County Administrator John R. Riley, Jr. offered the following item for the Board's consideration under the Consent Agenda: - Transportation Committee Report -Tab G. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, 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 05/09/07 3$9 CITIZEN COMMENTS Patrick Blasz, Attorney for Sovereign Village Homeowners' Association, addressed the Board regarding the proposed revision to the Sovereign Village Master Development Plan. He stated that the Board and residents were faced with a "classic bait and switch" and the residents must deal with the ramification of the decision. He went on to say this vote would set a trend for the rest of the County and which ever way the decision goes, the legal battles will be fought. He urged the Board not to give in to the threat of litigation. He stated that the deed of dedication has been recognized and accepted by the County and one unit per lot must be maintained. He advised that on March 24, 2004 the Board voted that master development plan revisions would not be considered unless Channing Drive was dedicated and bonded. He further advised that the proposed housing types were contrary to the ordinance and the new construction was not harmonious with the surrounding area. He cited Planning Commissioner Gary Oates's comments from the Planning Commission meeting, wherein he stated the proposed revisions to the master development plan were not harmonious. Mr. Blasz further questioned whether proper notice was sent to all of those affected by this proposed revision. Jack Lewis, resident of Sovereign Village and the Red Bud District, spoke on behalf of the homeowners' association. He advised that the courts were open to all parties and the Board should not discount a citizen lawsuit. He went on to say the best thing to do is the right thing and he urged the Board to reject the revisions to this master development plan. Kirk Matthews, resident of Sovereign Village and the Red Bud District, reviewed the time line for Channing Drive beginning in December 1999 through May 2006. He advised that the homeowners' association was not party to any meetings regarding multiplexes and the recreation center. He went on to say that approval of this plan would be a bad precedent for the Board to set. He stated the developer would pack in high density housing, which would overtax roads, schools, and water/sewer services. Jennifer Esler, resident of Sovereign Village and the Red Bud District, advised that she had learned, at the Planning Commission meeting, Manning and Ross were not in default of the recreation center and Channing Drive. She stated the master development plan does not have to be changed to get these to things done. She felt multiplexes were not acceptable. She stated Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 390 multiplexes and zero lot lines were not compatible. The proposed amendments would change the character of the development. She concluded by saying the proposal did not meet the harmony test and she urged the Board to vote against the proposed master development plan. Barbara Lewis, resident of Sovereign Village and the Red Bud District, opposed the changes to the master development plan. She questioned the density and stated this proposal would be anything but harmonious. She went onto say she did not believe the proposed changes complied with the Zoning Ordinance. Richard Crane, Red Bud District, stated that he appeared eight years ago to speak in support of this rezoning because it was the right thing to do. He went on to say the developer had promised a recreation center, small shopping center, and Channing Drive; however, none of that has happened, to date. He stated "this is wrong". He advised that county staff erred when they did not get a date certain in the proffers. He went on to say the Board must now wrestle with right and wrong. He urged them to keep right and wrong in the forefront and deny this application. Rick Churchill, resident of Sovereign Village and Red Bud District, stated the proposed revisions were done in absolute secrecy by the applicant and at no time did they seek input from the residents. He asked for the justification for this change and stated the proposal was contrary to what the residents were told when the purchased their property. Ken Jackson, resident of Sovereign Village and Red Bud District, asked the Board to put themselves in the residents' shoes. He stated the residents feel they are victims of a crime and they feel betrayed. He urged the Board to do what is in the best interest of their constituents. Mark Chase, Red Bud District, spoke in support of the Planning Commission's recommendation for denial of this application. He stated that he could not see the impetus for the change and asked the Board to act in the interest of those being governed. Tanya Blauin, resident of Sovereign Village and Red Bud District, advised that she had purchased her home ten weeks ago and that it was bought based on facts presented by the developer (i.e. recreation center and single family units on Rosman). She stated she was never informed about plans to construct multiplexes and she would never have purchased the home if she had known there would be multi-family homes. She asked the Board to deny the master development plan. Carol Sullivan, resident of Sovereign Village and Red Bud District, advised the Board that Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 391 the Planning Commission had unanimously recommended denial of this application and she trusted the Board agreed with this recommendation. She stated the Board could turn down this request and keep faith with the residents and taxpayers. The denial would also send notice that master development plans are not to be tampered with. She concluded by urging the Board to maintain this community. Bruce Frye, resident of Sovereign Village and Red Bud District, stated that he was one of the people who bought into this idea four years ago. He advised that had this plan been in force at that time neither he nor most of his neighbors would have bought into the development. He stated that he did not know what multiplexes were, but he did not like the idea because it destroyed the value of existing homes. He urged the Board to tell the developer to finish the job he started several years ago and reject this request. Tiffany Brocious, resident of Sovereign Village and Red Bud District, advised that she bought her house five years ago and that the main selling points were the recreation center and pool. She said five years have passed and there is still no recreation center or pool and now she is being told there will be multiplexes. She went on to say that two ethical rules were not followed. First, "don't make promises you can't keep". Second, "you can't change rules in the middle of the game". Joanne Leonardis, Red Bud District resident and a member of preserve Frederick, spoke in support of all who oppose this master development plan request. She urged the Board to uphold the Planning Commission's denial of this plan. She stated that she worried about her neighborhood as master development plan revisions become more common. She cited the lack of the recreation center, pool, trail system, and Charming Drive and stated future communities could thank Sovereign Village for the trigger mechanism and getting things in writing. She asked the Board to deny this master development plan and require the builder to build what was promised. Marie Straub, Red Bud District, stated she was here to support her neighbors and that agreeing to the revision would set a precedent the Board would regret. Stan Rogers, resident of Sovereign Village and Red Bud District, advised that he had moved into the subdivision 2 'h years ago. At that time he was told he would see a house in his back yard. If these revisions are approved, he will see a road in his front yard. He stated this was a personal issue for him. He concluded by saying "don't let them do this." Minute Bonk Number 32 Board of Supervisors Regular Meeting of 05/09/07 3921 Bill Sours, resident of Sovereign Village and Red Bud District, stated the proposed revisions would affect the residents. He stated that he had never been shown a description of the multiplexes and he urged the Board to deny this application. Billy Stewart, Red Bud District, stated that he hoped he would not see condos and townhouses. He was worried about this proposal affecting land values and was also concerned about increased traffic. He asked the Board not to turn eastern Frederick County into Loudoun County. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the minutes from the April 25, 2007 Regular Meeting were approved by the following recorded vote: Richard C. Shickle Ayc 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 REAPPOINTMENT OF JUNE M. WILMOT AS FREDERICK COUNTY REPRESENTATIVE ON THE LORD FAIRFAX COMMUNITY COLLEGE BOARD -APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board reappointed June M. Wilmot as Frederick County Representative on the Lord Fairfax Community College Board. This is a four year term, said term to expire June 30, 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 Bi11 M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye REAPPOINTMENT OF REVEREND PHILIP W. ROBY AS STONEWALL DISTRICT REPRESENTATIVE ON THE SOCIAL SERVICES BOARD - APPROVED Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 393 Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board reappointed Reverend Philip W. Roby as Stonewall District Representative on the Social Services Board. This is a four year term, said term to expire June 30, 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 Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye RESOLUTION (#062-07) CONCURRING WITH THE ISSUANCE OF REVENUE BONDS FOR THE PARKINS MILL WASTEWATER TREATMENT PLANT - APPROVED Administrator Riley advised the Frederick-Winchester Service Authority was seeking the Board's endorsement of this concurring resolution for the issuance of revenue bonds for the Parkins Mill Wastewater Treatment Plant. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board approved the Resolution Concurring with the Action oftheFrederick-Winchester Service Authority to Issue Revenue Bonds. WHEREAS, the Frederick-Winchester Service Authority (the "Authority") intends to finance the acquisition, construction, and equipping of expansions and upgrades to the Parkins Mill Wastewater Treatment Plant (the "Project") by the issuance and sale of its sewer system revenue bond in the maximum amount aggregate principal amount not to exceed $39,410,000 (the "Bond")• WHEREAS, Section 7.3 of the Parkins Mill Wastewater Treatment Plant Agreement dated August 1, 1988 (the "Agreement") requires consent of all parties to amend, modify, or otherwise alter the Agreement; and WHEREAS, the Board of Supervisors of Frederick County, Virginia (the "Board"), is a party to the Agreement; BE iT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board hereby consents to the financing of the Proj ect by the issuance and sale of the Bond. The Board authorizes and directs the County Administrator to execute and deliver any acknowledgment, amendment, or modification to the Agreement necessitated by the issuance of the Bond. 2. This resolution shall take effect immediately upon its passage. Adopted this 9`~ day of May, 2007. The above motion was approve by the following recorded vote: Minute Book Number 32 Buard of Supervisors Regular Meeting of 05/09/07 394 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 FROM FREDERICK COUNTY SANITATION AUTHORITY RE RESOLUTION (#063-07) -GRANT APPLICATION FOR FY08 WATER SUPPLY PLANNING FUNDS -APPROVED Administrator Riley advised that the Frederick County Sanitation Authority had recommended approval of the resolution regarding the grant application for FY 2008 Water Supply Planning Funds. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board approved the resolution for the grant application for FY 2008 Water Supply Planning Funds. WHEREAS, the Virginia General Assembly has mandated the development of water supply pans by all local governments; and WHEREAS, the State Water Control Board has issued Regulation 9 VAC 25-780 Local and Regional Water Supply Planning to guide this planning process; and WHEREAS, local governments in the Northern Shenandoah Valley region began working cooperatively on groundwater resources in 1983; in-stream flow in 1994; water supply in 1999; and water resources policy in 2002, leading to the Shenandoah Valley Water Resources Strategic Plan; and WHEREAS, the .Virginia Department of Environmental Quality has announced the availability of grant funds to assist localities offset some of the costs related to the development of these plans; and WHEREAS, Regulation 9 VAC 25-780 gives incentives to localities for the cooperative development of regionally networked plans, extending the due date to November 2, 2011 for regional plans and providing priority grant assistance to localities cooperating regionally in meeting the planning requirements; and WHEREAS, Frederick County along with the Counties of Clarke, Page, Shenandoah, and Warren, and City of Winchester have funded the Regional Water Resources Policy Committee Strategic Plan for FY 2007-2008, allocating $20,000 cash and $7,500 in-kind for water supply planning as a commitment to develop a Regional Water Supply Plan meeting the November 2, 2011 deadline; and WHEREAS, the Towns of Berryville, Edinburg, Front Royal, Luray, Mount Jackson, New Market, Shenandoah, Stanley, Strasburg, and Woodstock have been invited to participate in this cooperative grant project; and WHEREAS, the County of Frederick requires the development and recordation of data, ~- information and mapping to meet the planning requirements of Regulation 9 VAC 25-780, a continuous planning requirement which will require review every five years and updating every decade; and WHEREAS, based on the grant proposal developed by Northern Shenandoah Valley Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 395 Regional Commission, the County can meet the Phase I planning requirements, specifically a description of: 1) existing water resources (9 VAC 25-780-70); 2) existing water use (9 VAC 25- 780-80); 3) existing water resource conditions (9 VAC 25-780-90) and 4) water management actions (9 VAC 25-780-110 & -120) as part of a cooperative grant application for $50,000 through the Northern Shenandoah Valley Regional Commission, allocating 80.5% of the $8,295 cash funding provided to the Strategic Plan for Water Supply Planning priorities plus, through Committee service time, contribute to the $7,500 in kind for the grant application proposal to be submitted by May 18, 2007; and WHEREAS, the Northern Shenandoah Valley Regional Commission, consistent with the Regional Water Resources Strategic Plan, seeks to develop a regional water supply plan that will be jointly managed by localities, as with the Regional Solid Waste Management Plan, and participating localities agree with this approach. NOW, THEREFORE, BE IT RESOLVED that the County of Frederick agrees to fund and participate on the Water Supply Subcommittee of the Regional Water Resources Technical Committee in the grant application to the Department of Environmental Quality and authorizes the Regional Commission to manage the grant if awarded to develop local water supply planning information in the context of both the Planning District and Shenandoah Valley to comply with the Phase I of Regulation 9 VAC 25-780. 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 WINCHESTER-FREDERICK COUNTY CONVENTION AND VISITORS BUREAU BOARD (TOURISM BOARD) EXPANSION REQUEST -APPROVED Administrator Riley advised the Winchester-Frederick County Convention and Vistors' Bureau was requesting anamendment tothe by-laws to increase the number of voting members from seven to nine. Upon a motion by Supervisor Lemieux, 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, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE REPORTS CODE AND ORDINANCE COMMITTEE REPORT -APPROVED The Codc & Ordinance Committee met on Tuesday, May 1, 2007 at 9:00 A.M., in the Closed Session Room, Board of Supervisors' Meeting Room, County Administration Building, 107 North Minute Bouk Number 32 Board of Supervisors Regular Meeting of 05/09/07 396 Kent Street, Winchester, Virginia. Present were chairman of the committee Philip A. Lemieux, Supervisor Bill M. Ewing, Stephen G. Butler, and Michael L. Bryan. Also present were: County Administrator John R. Riley, Jr.; Deputy County Administrator Jay E. Tibbs; Treasurer C. William Orndoff, Jr.; and County Attorney Lawrence R. Ambrogi. The committee submits the following: ***Items Requiring Board Action*** 1. Proposed Amendment to Frederick County Code Chapter 155 TAXATION; Article XI Assessment of Court Costs for Courthouse Security The Committee discussed a proposed amendment to Chapter 155 Taxation, Frederick County Code. This proposed amendment would increasc the cap on the Courthouse Security Fee from $5.00 to $10.00. Upon a motion by Mr. Bryan, seconded by Mr. Ewing, the Committee unanimously recommended approval of the proposed amendment and forwarded this item to the Board of Supervisors for public hearing. Upon a motion by Supervisor Lemieux, seconded by Supervisor Ewing, the Board approved the above item for public hearing. 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 2. Proposed Amendment to Chapter 155 TAXATION• Article XIX, Meals Taxs Section 155-130 Violations and Penalties The Committee discussed a proposed amendment to Chapter 155 Taxation, Article XIX, Meals Tax, Section 155-130 Violations and Penalties. This proposed amendment would bring this section into compliance with the State Code by reclassifying a violation of this section as a Class I misdemeanor and increase the maximum fine amount from $2,500. Upon a motion by Mr. Bryan, seconded by Mr. Ewing, the Committee unanimously recommended approval of the proposed amendment and forwarded this item to the Board of Supervisors for public hearing with a recommendation of approval. Upon a motion by Supervisor Lemieux, seconded by Supervisor Ewing, the Board approved the above item for public hearing. 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. Proposed Amendment to Chapter 158 Vehicles and Traffic• Article III, County Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 39~ Vehicle Licenses; by Addition of Sections 158-93. Exemption from License Fee for Former Prisoners of War The Committee discussed a proposed amendment to the Frederick County Code Chapter 158, Vehicles and Traffic. This proposed amendment would bring this section into compliance with State Code by exempting one motor vehicle owned and used personally by any former prisoner of war from the County license fee. Upon a motion by Mr. Ewing, seconded by Mr. Bryan, the Committee unanimously recommended approval of the proposed amendment and forwarded this item to the Board of Supervisors for public hearing with a recommendation of approval. Upon a motion by Supervisor Lemieux, seconded by Supervisor Ewing, the Board approved the above item for public hearing. 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 4. Proposed Amendment Chapter 158. Vehicles and Traffic. Article IV, Law Enforcement of Private Roads and Streets; Section 158-18, The Summit The Committee discussed a proposed amendment to the Frederick County Code Chapter 158, Vehicles and Traffic. This proposed amendment would permit Lake Holiday (aka The Summit) to hire a private engineer to certify road signs and speed limits using criteria developed by the Commonwealth Transportation Commissioner. This certification shall have the same effect, for law enforcement purposes, as if certified by the Commonwealth Transportation Commissioner. Upon a motion by Mr. Bryan, seconded by Mr. Butler, the Committee unanimously recommended approval of the proposed amendment and forwarded this item to the Board of Supervisors for public hearing with a recommendation of approval. Upon a motion by Supervisor Lemieux, seconded by Supervisor Ewing, the Board approved the above item for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Ayc 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 TRANSPORTATION COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA The Transportation Committee met on Monday, April 23, 2007 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) Members Absent Donald Breeden (liaison) Minute Book Number 32 Board of Supervisors Regular Mee[ing of 05/09/07 39$ James Racey (voting) Mike Smith (voting) Lewis Boyer (liaison) George Kriz (liaison) Gary Oates (liaison) Joining the Commission for this meeting were members of the CPPS, DRRS, Public Works Committee, Frederick County Treasurer, Director of Public Works, Director of Fire and Rescue, Assistant County Administrator, Planning Staff, and a representative of VDOT. ***Items Requiring Action*** None ***Items Not Requiring Action*** 1. Discussion of Public and Private Subdivision Street Requirements On Apri123, 2007, the Transportation Committee held a public meeting to continue the discussion of private ownership and maintenance of subdivision streets by the Home Owners Associations (HOA). Members of the Comprehensive Plans and Programs Subcommittee, the Public Works Committee, and other key participants were in attendance at this meeting. Previously, on March 26, 2007, the Committee and other key participants initiated the joint discuss of this issue. The intent of the joint working group was to seek input from the interested stakeholder groups regarding the use of private streets within the community to ensure that the needs of each group is fully recognized in any modifications to the existing County Policy on Subdivision Streets. The Joint Working Group's initial discussion focused around enabling the use of private streets within future subdivisions under the ownership of Homeowners Associations with the following considerations for any potential policy proposal: • The private streets meet or exceed current VDOT standards or enhanced local streets design standards. • The creation of an enhanced Public review entity to administer the private street program. • The creation of an oversight organization to ensure the financial structure and stability of the Associations responsible for ownership and maintenance of the private streets. The alternative approaches may include a special transportation district or a district similar to that of a Sanitary District. • The application of this requirement to specific types of communities and populations. Recommendation Ultimately, the recommendation ofthe Transportation Committee and Joint Working Group focused on Frederick County assuming the role of administering a more comprehensive public street system similar to that offered by Arlington and Henrico Counties and presently provided by VDOT. The feeling was that Frederick County should be proactive in this regard. It was firmly acknowledged by the group that it would not be in the best interest of Frederick County to allow private ownership and maintenance of subdivision streets by Home Owners and Property Owners Associations. This item is for information and discussion. PUBLIC HEARING PUBLIC HEARING -OUTDOOR FESTIVAL PERMIT REQUEST OF TOP OF VIRGINIA BUILDING ASSOCIATION -BIG TOP HOME BUILDERS SHOW AND EXPO, PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, Miuute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 399 FESTIVALS; SECTION 86-3 C: PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. BIG TOP HOME BUILDERS SHOW AND EXPO TO BE HELD ON FRIDAY, JUNE 1 AND SATURDAY, JUNE 2, 2007 FROM 9:00 A.M. TO 9:00 P.M. EACH DAY, ON PROPERTY LOCATED AT 1182 MARTINSBURG PIKE, WINCHESTER, VIRGINIA, AND OWNED BY PRESTON I. MOFFETT, 1152 MARTINSBURG PIKE, WINCHESTER, VIRGINIA. -APPROVED Administrator Riley advised this was the annual request from the Top of Virginia Building Association to hold the Big Top Home Builders Show and Expo on property owned by Preston Moffett on Martinsburg Pike. The event will be held June 1 and 2, 2007 from 9:00 a.m. to 9:00 p.m., each day. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the Outdoor Festival Permit Request. 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 -PROPOSED ORDINANCE - SALARIES OF THE BOARD OF SUPERVISORS -PURSUANT TO SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO FIX THE ANNUAL SALARIES OF THE BOARD OF SUPERVISORS AS FOLLOWS: CHAIRMAN, $10.800: VICE CHAIltMAN, $10,200; AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9,000. - APPROVED Administrator Riley advised, pursuant to Virginia Code Section 15.2-1414.3 the Board must conduct a public hearing to set the Board's salaries. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the salaries for the Board of Supervisors for Fiscal Year 2007-2008. Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 400 BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for the fiscal year beginning July 1, 2007, shall be as follows: Chairman, $10,800; Vice-Chairman, $10,200; and each other member of the Board of Supervisors at $9,000. 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 PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING -REZONING #03-07 OF EASY LIVING ASSOCIATES SUBMITTED BY GREENWAY ENGINEERING, TO REZONE 4.02 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT, AND 15 ACRES FROM RA (RURAL AREAS) DISTRICT TO B3 (INDUSTRIAL TRANSITION) DISTRICT TOTALING 19.02 ACRES. WITH PROFFERS FOR COMMERCIAL USES. THE PROPERTIES ARE LOCATED ON THE WEST SIDE OF MARTINSBURG PIKE (ROUTE 111, APPROXIMATELY 600 FEET NORTH OF THE MARTINSBURG PIKE/OLD CHARLES TOWN ROAD (ROUTE 761) INTERSECTION, AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 44-1-B, 44B-1-2, 44B-1-3, 44B-1-3A, 44B-1-4 AND 44B-1-6 IN THE STONEWALL MAGISTERIAL DISTRICT. -APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was an application to rezone 4 acres from RA (Rural Areas) District to B2 (General Business) District and 15 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers. The applicant has proffered 120,000 square feet of commercial development. The property is located on the west side of Martinsburg Pike in the Stonewall Magisterial District. The parcel is situated in the Sewer and Water Service Area and is part of the Northeast Land Use Plan. The traffic impact analysis for this project estimates 9,800 vehicle trips per day with a service level of C or better. The applicant has proffered $50,000 towards improvements at the intersection of Route 11 and Hopewell Road. Other proffered commitments address design standards, they include: - limited signage on the property; - buffer/screening adjacent properties; - a generalized development plan; - land use restrictions; - maximum square footage to be constructed; Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 401 Another proffer includes a $12,000 contribution to Fire & Rescue services. Deputy Director Ruddy stated the Planning Commission recommended approval of this application with the stipulation that the applicant improve the transportation proffers. He went on to say the applicant has modified proffers C. 8 and C. 9 to provide for the reservation of a 50 foot right-of--way for the purpose of constructing a future north/south public street. This reservation would be dedicated to the County within 90 days of a written notice request by the County. Deputy Director Ruddy offered one point of clarification. He stated there might be a possible conflict between the proffered buffer and the future road dedication and in that event, the buffer requirement would be required to be accommodated elsewhere on the site. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He advised that VDOT was satisfied with the original proffer dated September 15, 2006. There have been three revisions since then as the applicant has worked with Planning Staff and Supervisor DeHaven to make a better proposal. He advised that the owner has proffered to fully fund signalization at the intersection of Route 11 and Hopewell Road. He went on to say those funds could be transferred to other parts if the signalization was not needed at the intersection. The applicant has dedicated an additional 10 feet of right-of--way to VDOT for future use. The application will include sidewalks from Route 11 to the existing mobile home park. He stated this application was consistent with the Comprehensive Plan and recognizes the transportation improvements in the area. The impacts have been mitigated by the applicant. He went on to say the applicant was willing to add a proffer D. 6 which stated the screening requirements in proffers D. 4 and D. 5 would be modified upon dedication of the public street. Supervisor Dove asked how the dedication would be triggered? Mr. Wyatt responded that the County could request in writing that the right-of--way be dedicated. Chairman Shickle convened the public hearing. 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 Rezoning #03-07 with the addition of proffer D. 6, as offered by the applicant. Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 x.02 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 Philip A. Lemieux Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #01-07 OF SOVEREIGN VILLAGE - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He stated this was a proposal for 216 single family urban detached units, 42 single family detached zero lot line units, and 62 single family multiplex units. He explained there were three areas of revision to the plan. The zero lot line units would be located on Farmington, Rosman, and Canyon. The applicant would bond, dedicate, and construct Charming Drive within 12 months. The recreation center would be built within 24 months of master development plan approval. Under the original proposa1364 residential units were proposed for construction. The revised plan calls for 320 units. The proffered density is 2.5 units/acre. Director Lawrence noted that zero lot line units and multiplexes were introduced in the County's Zoning Ordinance in 1983. He also noted there had been no modification to the commercial acreage. He went on to say that the agencies are satisfied with the plan and it conforms to the agency comments and meets the "black and white" of the zoning ordinance. He advised that the Planning Commission originally tabled this item for 45 days. At its second meeting, the Planning Commission felt the proposal was not harmonious with the surrounding development and; therefore, recommended denial. He concluded by saying that staff feels the proposal meets the agencies' comments and ordinance requirements and staff is seeking authority to administratively approve this master development plan. Supervisor Lemieux asked if there were any current zoning violations on the property or proffers that did not have triggers. Director Lawrence responded that at the time of submission everything was okay and he did not have reason to believe otherwise. Supervisor Lemieux asked if any other trails were not put in. Director Lawrence advised the trail system follows Charming Drive. The trails next to the Miuute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 40~ undeveloped area have not been installed, but the County still holds the bonds. Supervisor Lemieux asked for clarification that multiplexes and zero lot line units were added to the ordinance in 1983 and not in 2000. Director Lawrence responded yes. Supervisor Lemieux asked how the County could enforce the design ofthe multiplexes based on the description. Director Lawrence responded there is a section in the Zoning Ordinance regarding multiplexes; however, it becomes a judgment call. He went on to say that if the units start to look like townhouses the County would say that is inappropriate. He noted that multiplexes were on their own individual lots. Evan Wyatt, Greenway Engineering, stated when the original rezoning was approved the proffers were legally recorded and have been part of the public record. He noted that multiplex units had been in the ordinance since he started working with the County. In 1983, the ordinance allowed. three to five units, but in 1991, it was amended to allow only three to four units. He went on to say the master development plans for Twin Lakes and Fieldstone have been revised, with the Fieldstone plan being revised twice. He stated that revised master development plan establishes more restrictive timing elements to ensure Charming Drive is completed. He went on to say there was a two year time line for the completion of the recreation center. He stated the original master plan revision proposed multiplexes on Rosman, but that has been changed to zero lot line units. He concluded by saying VDOT has no objections to the revision, the plan conforms to the Comprehensive Plan and proffers, and the project is an appropriate land use; therefore, the applicant requests approval. Supervisor Lemieux asked if the zero lot line units would have the same look as the existing homes. Mr. Wyatt responded that the architect would design them to look similar. Supervisor Ewing asked if there were any changes regarding Charming Drive other than the timing of its construction. Director Lawrence responded there were no changes other than timing. Supervisor Lemieux asked if the note on the master plan met the intent of the March 24, 2004 Miuute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 404 resolution adopted by the Board. Director Lawrence responded yes. Supervisor Van Osten stated the bottom line was the existing home owners purchased their houses based on how the development would progress. She felt they had a valid concern and that the Board had some latitude based on the "harmonious" criteria; therefore, she would vote no. Supervisor Lemieux stated that he met with the home owners and he heard and understood their concerns. He noted the lack of communication between the developer and the home owners' association. He went on to say the proposed revision allows the Board to give back two of the promises: Channing Drive and the recreation center. He stated he was not sold on the belief that property values would decrease. He concluded by saying this proposal met the ordinance requirements and he was not willing to let a judge decide a decision that needs to be made by the Board of Supervisors. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board authorized staff to administratively approve master development plan #01-07. Supervisor Fisher agreed with Supervisor Lemieux in that this is one ofthe poorest examples of communication between a developer and home owners. He stated compatibility was an issue for him. He had looked at the adjacent developments and there was a great deal of difference. He did not believe this revision was consistent with the existing development; therefore, he would not support the revision. Supervisor DeHaven stated the residents have a right to feel betrayed, etc.; however, he did not feel denial of this plan was right. Supervisor Dove agreed with Supervisor Lemieux about the lack of communication and felt if there had been more communication there would not be a problem now. He concluded by saying the plan conformed to the ordinance. Supervisor Ewing stated he was supportive of the completion of Channing Drive, but he found it difficult to support this plan. There being no further discussion, the Board approved the above motion by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Nay Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 405 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Nay Philip A. Lemieux Aye Barbara E. Van Osten Nay BOARD LIAISON REPORTS Supervisor Dove reported that the IDA hired a lobbying firm to oppose the proposed Allegheny Power rate hike. The funding from this effort is coming from the industrial community and he would keep the Board abreast of this issue. CITIZEN COMMENTS Kirk Matthews, Red Bud District, stated when residents inquired of staff no one could locate when multiplexes were created. He went onto say that government is given its power by the people and the message sent to the public, constituents, and voters was clear this evening. Christina Keen, Red Bud District, felt there was a biased vote on the Board because of questions directed to the builder. She did not feel it was appropriate for a member of the Board to lead the other members. She concluded by thanking those who voted no. Dick Stephens, Red Bud District, stated this was one of the sloppiest approaches he had ever seen a developer take with a project. He believed the information should have been provided to the people. Joseph Maranna, Red Bud District, expressed his disappointment in the decision and felt it was made based on a relationship. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:25 P.M.) 1~ Richard C. Shickle J .Rile , r. Chairman, Board of Supervisors Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07 406 Minutes Prepared By: ~ ' ,,,~, Jay E. T bb Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Regular Meeting of 05/09/07