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HomeMy WebLinkAboutMay 23 2007 Regular Meeting414 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 23, 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 Pastor Daniel Lee Prock, Agape Christian Center, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had one addition to the agenda. He asked the Board to add a resolution authorizing the County to appeal the Board of Zoning Appeals' decision regarding Appeal Application #04-07 of Joyce Myers. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, 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 Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Memorandum from GIS Department Re: Road Name Change Request -Grace Church Meadows Subdivision -Tab D; - Request for Installation of"Watch for Children" Signs -Brentwood Terrace Subdivision - Tab E; - Parks & Recreation Commission Report -Tab G; Minute Book Number 32 Board or Supervisors Regular Meeting of 05/23/07 .415 - Discussion of Blue Fox Billiards, Bar & Grill Site Plan -Tab M. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, 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 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES -APPROVED Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board approved the minutes from the May 9, .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 REAPPOINTMENT OF MEMBERS TO THE DEVELOPMENT IMPACT MODEL COMMITTEE -APPROVED Upon a motion Supervisor Dove, seconded by Supervisor Lemieux, the Board reappointed the following members to the Development Impact Model Committee: Kris Tierney -County Administration Representative Gary Dove -Board of Supervisors Representative Gary Lofton -Finance Committee Representative H. Paige Manuel -Planning Commission Representative Roger L. Thomas -Planning Commission Representative Stuart A. Wolk -School Board Representative Josh Phelps -Economic Development Commission Stephen Petler -Top of Virginia Building Association Representative J. P. Carr -Top of Virginia Building Association Representative Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 416 This is a one year term, said term to expire June 28, 2008. 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. F,wing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CORRESPONDENCE FROM GOVERNMENT FINANCE OFFICERS ASSOCIATION RE: FINANCE DEPARTMENT RECEIVES CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Administrator Riley advised this was the 21S` year the County has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the County's comprehensive annual financial report. He went onto say this was the highest form of recognition in the area of governmental accounting and financial reporting. Supervisor Ewing stated that Finance Director Shiffler and her staff should be complimented on this achievement. MEMORANDUM FROM GIS DEPARTMENT RE: ROAD NAME CHANGE REQUEST -GRACE CHURCH MEADOWS SUBDIVISION -APPROVED UNDER CONSENT AGENDA The Board considered a request from the Department of GIS to change the name of Shasta Court to John Deere Court, in the Grace Church Meadow subdivision. This item was approved under the consent agenda. REQUEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS - BRENTWOODTERRACE SUBDIVISION - (RESOLUTION #064-07) -APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby"; and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Cloverdale Court (Route 1250), Pebble Brook Lane (Route 1251), Astoria Court (Route 1252), Fenwick Court (Route 1253), Windcrest Circle (Route 1254), VanBuren Court (Route 1255), and Van Buren Place (Route 1255) are located in a residential area and are within the secondary road system and are a viable candidate for "Watch for Children" signs; and Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 417 BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Route 1250 (Cloverdale Court) from Route 659 (Valley Mill Road) to cul-de-sac; Route 1251 (Pebble Brook Lane) from Route 1254 (Windcrest Circle) to cul-de-sac; Route 1252 (Astoria Court) from Route 1251 (Pebble Brook Lane) to cul-de-sac; Route 1254 (Windcrest Circle) from Route 659 (Valley Mill Road) to cul-de-sac; Route 1255 (Van Buren Place) from Route 1251 (Pebble Brook Lane) to cul-de-sac. The signs should be placed in accordance with the provisions of Section 33.1- 210.2 of the Code of Virginia. 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 consent agenda. RESOLUTION (#066-07) APPROVING AMENDED DEED OF LEASE BETWEEN THE COUNTY OF FREDERICK AND THE DEPARTMENT OF MILITARY AFFAIRS FOR THE NATIONAL GUARD ARMORY -APPROVED Administrator Riley reviewed the proposed changes to the deed of lease between the County and the Department of Military Affairs. The changes dealt with early termination of the lease, utility easements, and condemnation. He stated if the Board was comfortable with these changes staff was seeking approval and authorization to execute this deed. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the resolution approving the amended deed of lease between the County of Frederick, Virginia, and the Commonwealth of Virginia, Department of Military Affairs. WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, conducted a Regular Meeting on May 23, 2007; and WHEREAS, the Board of Supervisors considered a Deed of Lease between the County of Frederick, Virginia, and the Commonwealth of Virginia Department of Military Affairs for a site for a new National Guard Armory. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, unanimously approved the Deed of Lease between the County of Frederick, Virginia, and the Commonwealth of Virginia Department of Military Affairs for a site for a new National Guard Armory to be located in Frederick County, Virginia. BE IT FURTHER RESOLVED, that the Board authorizes the County Administrator to execute said Deed of Lease on behalf of the County. 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 Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 418 RESOLUTION (#068 071 AUTHORIZING THE COUNTY TO APPEAL THE BOARD OF ZONING APPEALS' DECISION RE: APPEAL APPLICATION #04-07 OF JOYCE MYERS. -APPROVED Administrator Riley advised that staff was requesting the Board adopt this resolution to enable staff to appeal the Board of Zoning Appeals' decision in the hearing of Appeal Application #04-07. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the resolution authorizing the County to appeal the Board of Zoning Appeals' decision re: Appeal Application #04-07 of Joyce Myers. WHEREAS, on May 15, 2007 the Frederick County Board of Zoning Appeals conducted a hearing on Appeal Application #04-07 of Joyce Myers; and WHEREAS, this application was an appeal of the decision of the Zoning Administrator in the administration of the Zoning Ordinance pursuant to Article V - RA Rural Areas District, Section 165-50 -Permitted Uses, pertaining to animal shelters; and WHEREAS, the Board of Zoning Appeals over-ruled an interpretation by the Zoning Administrator regarding allowed uses in the Rural Areas (RA) Zoning District; and WHEREAS, the Board of Supervisors believes the Board of Zoning Appeals' justification in this action was contrary to those judicial powers placed upon them by the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby authorizes the County Attorney to proceed on behalf of the Board of Supervisors to appeal the decision of the Board of Zoning Appeals in Appeal Application #04-07 of Joyce Myers to the Circuit Court of Frederick County. Supervisor Dove stated that he had a problem going against the BZA since they are appointed by the Board; therefore, he would vote no. 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 Nay Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT -APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on May 15, 2007. Members present were: Charles Sandy, Jr., Robert Hartman, P. W. Hillyard, III, Martin Cybulski, Larry Sullivan, Cheryl Swartz, Ronald Madagan, and Philip Lemieux. Items Requiring Board of Supervisors' Action: Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 419 1. None Submitted for Board Information Only: 1. Aquatic Committee U date - Mr. Sandy moved to recommend the County build the aquatic facility at the Sherando Park location, seconded by Ms. Swartz, carried unanimously (7-0). 2. Comprehensive Plan - Mr. Sandy moved to include fixture park development map version 1 in the Comprehensive Plan as presented, seconded by Ms. Swartz, carried (7-0). Standing Committee Reuorts 1. None FINANCE COMMITTEE REPORT The Finance Committee met in the Board of Supervisors' Meeting Room at 107 North Kent Street on Wednesday, May 16, 2007 at 8:00 a.m. Member Richard Shickle was absent. 1. The Economic Development Commission requests a General Fund supplemental appropriation in the amount of $25 130 This amount is needed to cover the rental for the NetTech Center for the remainder of this fiscal year. No local funds are required as this is reimbursed by GSA. See attached information, p. 1-2. The committee recommends approval. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, 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 contin~ency line item. This amount represents estimated expenses for the remainder of the fiscal year to reimburse citizens for livestock killed. This item was returned to the committee for further information on policy. See attached information, p. 3-8. 'I7~e committee recommends approval. - Approved Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above request. Vice-Chairman Fisher moved to amend the motion to reimburse the cost of the fowl at $10 per bird, as per State Code. Supervisor Van Osten seconded the motion. Administrator Riley advised that the claim had already been paid; however, there was no money in that line item; therefore, the request before the Board was to fund a lump sum amount for that line item to cover these reimbursements and to provide a cushion until the end of the fiscal year. Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 4 20 Vice-Chairman Fisher withdrew his motion. Supervisor Van Osten withdrew her second. The motion to approve the above request 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 Sheriff requests a General Fund supplemental a_pproyriation in the amount of $7,800. This amount represents a refund to the Virginia State Treasury for the sale of two seized vehicles. Local funds are required. See attached information, p. 9-15. 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 4. The Finance Director requests a discussion on a policy to set the mileage reimbursement rate for employees using personal vehicles for business travel. The committee recommends a permanent policy be implemented which states that the mileage rate will parallel the State of Virginia mileage. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye 5. The Sheriff requests a General Fund budget transfer in the amount of $14,669 from the contingency line item. This amount represents reimbursement for the cost of moving the Sheriff's Office and the Fire & Rescue Department to the new Public Safety Building. See attached memo, p. 16. -Approved Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 421 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 ***Item Not Requiring Action*** 1. The Commissioner of the Revenue wants direction as to how to proceed with purchasing and implementing a document imaging system for her office as well as the Finance Department and the Inspections Department. The committee recommends the request be taken to the IT Working Group for further information. PUBLIC HEARING PUBLIC HEARING -ABANDONMENT -CONNECTION OFF GREEN SPRINGS ROAD (ROUTE 6711 ONCE CONNECTED TO ROUTE 740 (ABANDONED 1994)_ 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 19941 A DISTANCE OF 0 025 MILES PER § 33 1 151 CODE OF VIRGINIA, 1950, AS AMENDED - LRESOLUTION #065-071-APPROVED Administrator Riley advised that Route 740 had been abandoned in 1994; however, a 0.025 mile section was inadvertently omitted from this abandonment. He stated this was a housekeeping matter and VDOT has requested the Board abandon this section of road. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board approved the abandonment. WHEREAS, a public notice was posted as prescribed under X33.1-151, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of road described below from the secondary system of state highways; and WHEREAS, the Commissioner ofthe Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject section of road; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 671 (Green Spring Road) connection to Route 740 (abandoned 1994), a distance of 0.025 miles and hereby deems that section of road is no longer necessary as a part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the secondary system of state highways, pursuant to §33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 422 1'he 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 #04-07 FOR THE HAGGERTY PROPERTY PROFFER REVISION SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, TO REVISE PROFFERS ASSOCIATED WITH REZONING #14-04, WHICH RESULTED IN THE REZONING OF 111.56 ACRES TO RP (RESIDENTIAL PERFORMANCEZ DISTRICT THE PROFFER REVISIONS PROPOSE MODIFICATIONS TO THE TRANSPORTATION PROGRAM PREVIOUSLY APPROVED BY THE COUNTY. THE PROPERTIES ARE LOCATED ADJACENT AND WEST OF EDDY'S LANE~ROUTE 8201 APPROXIMATELY THREE MILES EAST OF WINCHESTER AND 1 500 FEET SOUTH OF ROUTE 7. THE SUBJECT SITE IS FURTHER LOCATED ADJACENT AND SOUTH OF THE OPEOUON WASTEWATER TREATMENT PLANT PROPERTY AND ADJACENT AND WEST OF OPEOUON CREEK WHICH FORMS THE BOUNDARY OF CLARKS COUNTY. THE PROPERTIES ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS SPINS) 55-A-212 AND 55-A-212A AND ARE LOCATED IN THE RED BUD MAGISTERIAL DISTRICT. -CONTINUED UNTIL THE JUNE 13.2007 MEETING. Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to revise the proffers associated with Rezoning #14-OS for transportation improvements previously approved by the County. The properties are located adjacent and east of Eddy's Lane (Route 820) and south of Route 7, adjacent to the Opequon Wastewater Treatment Plant. The original rezoning was approved in 2005 and proposed 300 single family attached and detached units. Deputy Director Ruddy noted this proposal should be evaluated carefully and the transportation improvements in the Eastern Road Plan should be of paramount importance. The approved generalized development plan contained a spine road to access the site from Route 7, which would run parallel to Route 37. There were also intersection improvements at Route 37. Under the 2005 Eastern Road Plan Valley Mill Road would connect to the spine road. Under the proposed revision, the spine road moves from being parallel to Route 37 into the Route 37right-of--way. The proposed east-west connector is moved 400 feet south of its original location. The remaining outstanding issues are inter-parcel connectivity and conflict in the topography where Route 37 and the spine road join. The focus of this application should be consistency with the Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 423 Comprehensive Plan and ensuring the east-west connector road is in the proper location. Deputy Director Ruddy noted a revised proffer statement was presented this evening, which reflected minor changes from the Planning Commission such as, phasing, access to Haggerty Boulevard, and Route 37. He stated some of the Planning Commission was not supportive of the revised proffers regarding transportation issues while others thought the plan was consistent with the Comprehensive Plan. The Commission recommended approval of this rezoning. Transportation Planner John Bishop stressed the importance in preserving the Valley Mill Road extension. He stated the unencumbered connection of Eddy's Lane is important and it facilitate cutting off Valley Mill Road from Route 7. He went on to say VDOT acknowledged a connection could be constructed over Abram's Creek and the proposed southern location of the east- west connector road calls for an additional intersection. There are also impacts to Route 37. He stated a network connection would give drivers more options and he did not feel this proposal had been fully investigated to see if it would work. Patrick Sowers, Patton Harris Rust & Associates, stated the Planning Commission voted 8-1 recommending approval of the application. He advised that the applicant was requesting a two week postponement to address staff and county concerns. He concluded by saying he would hold his comments until the next public hearing by the Board. Chairman Shickle convened the public hearing. Pete Edsel, Attorney, appeared before the Board on behalf of Mr. Chadwell, an adjoining property owner. Mr. Edsel echoed and reiterated what was said earlier. The changes to the road plan would affect any development Mr. Chadwell does. He asked the Board to consider the over arching transportation needs in the community. Upon a motion by Supervisor Lemieux, seconded by Supervisor Van Osten, the Board continued this public hearing until the June 13, 2007 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 Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 424 ', PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY I, CODE CHAPTER 165 ZONING• ARTICLE IV. SUPPLEMENTARY USE ~', REGULATIONS• SECTION 165-24• MONUMENT HEIGHT LIMITATIONS; ~' EXCEPTIONS -APPROVED Senior Planner Susan Eddy advised staff had heard concerns recently with regard to monument height. She stated monuments are not defined in the Zoning Ordinance; therefore, staff must refer to Webster's Dictionary for a definition. She then cited the height of local monuments '; around the area, which are less than 20 feet in height. She explained under the current ordinance I' monuments are excepted from the height restrictions. The Development Review and Regulations ''~ Subcommittee discussed this item and endorsed amending the Zoning Ordinance to remove i monuments. The Planning Commission held a public hearing and recommended approval of this I! change. !, Chairman Shickle asked if this was section where a waiver could be requested. Senior Planner Eddy responded that no waiver provision was included in this amendment; 1 however, the Board could create a waiver provision. Chairman Shickle convened the public hearing. There were no public comments. i ~ Chairman Shickle closed the public hearing. ~' Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board approve the ordinance to amend the Frederick County Code, Chapter 165, Zoning; Article IV, Supplementary '~I Use Regulations; Section 165-24; Monument Height Limitations; Exceptions. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article IV, RA Supplementary ', Uses, Section 24, Height Limitations; Exceptions, was considered by the Planning Commission and ~~, the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled ' meetings; and j WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on March 22, 2007; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on ', May 2, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on ' May 23, 2007; and WHF,RF.AS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article TV, Supplementary Use Regulations, Section 24, Height Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 425 Limitations, Exceptions, is amended. This amendment is amended as described on the attachment. This ordinance shall be in effect on the day of adoption. 165-24. Height limitations; exceptions A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys (e) Church spires and towers. (f) Flagpoles. (g) mertt~(Reserved). (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunications facilities. [Amended 4-9-1997] (k) Smokestacks and cooling towers. (1) Utility poles and towers. (m)Water tanks. (n)Windmills 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 Supervisor DeHaven stated that it would be good to have the Development Review and Regulations Subcommittee look at creating a waiver option. It was the Board's consensus to pursue a waiver option. OTHER PLANNING ITEMS REQUEST TO HOLD A WORKSESSION RE: UDA ORDINANCE fBUSINESS- OVERLAY DISTRICT) AND AGE-RESTRICTED MULTI-FAMILY HOUSING ORDINANCE The Board scheduled a worksession for Monday, June 4, 2007 at 12:00 P.M. DISCUSSION OF BLUE FOX BILLIARDS. BAR & GRILL SITE PLAN - APPROVED UNDER CONSENT AGENDA This item was presented for the Board's information and received as part of the consent agenda. Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 426 RESOLUTION (#067 07) RE• ADDITIONAL FUNDING FOR ROUTE 37 - APPROVED Transportation Planner John Bishop appeared before the Board regarding this item. He advised the County has preliminarily received $1.5 million for Route 37 and $13 million for Route 277. He went onto say there would be a public hearing in New Market on May 31, 2007 to receive comments on VDOT's draft six year plan. Chairman Shickle expressed his concern that "we might be asking for money in the wrong way" and it might be received, but the County would be unable to spend it. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the resolution requesting additional funding for Route 37. WHEREAS, The Frederick County Board of Supervisors is appreciative of the efforts of the Governor and General Assembly in creating an improved revenue stream for the funding of transportation; and WHEREAS, The Board is also greatly appreciative of the fact that the Draft 2008-2013 Six Year Improvement Program includes preliminary funding for Route 37 and enhanced funding for Route 277; and WHEREAS, The Route 37 project continues to be the number 1 priority identified for primary transportation funding in the WinFred MPO Long Range Transportation Plan and most needed major road improvement in Frederick County; and WHEREAS, Route 37 will relieve traffic throughout the regional transportation network including 1-81, Route 50, and Route 7; and WHEREAS, Other significant needs are not being addressed in the draft plan such as the relocation of Exit 307, widening of Route 7, and improvements to Route 11. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors respectfully requests additional funding for this area, particularly Route 37 and recognition of Route 37 as the most pressing transportation need in this region. 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 DISCUSSION OF 2007 COMPREHENSIVE POLICY PLAN UPDATE- SENT FORWARD FOR PUBLIC HEARING Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised that staff was seeking additional input and endorsement of these amendments. If the Board Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 427 was agreeable to what had been proposed then staff would begin moving this through the public hearing process next month. He explained this update was a compilation of several policy initiatives approved by the Board of Supervisors. With regard to the maps, the content has not changed; however, the formatting has changed. The Community Facilities and Services and Parks and Recreation sections have been revised. He went on to say the Planning Commission favorably endorsed this update. Chairman Shickle stated this was an opportunity for the Board to provide input on the proposed amendments before they are sent forward for public hearing. He stated he was pleased with the charts and graphs; however, he found the verbiage deficient. He suggested the narrative be revised to describe a truly comprehensive plan for the county. Supervisor DeHaven agreed with the Chairman's comments and stated he was comfortable sending this forward for public hearing. He went on to say "we" have talked about a Comprehensive Plan rewrite and that task needs to be accomplished. He stated that he was comfortable sending these items forward for public hearing. With regard to a rewrite of the plan, he would like to know what alternatives and expenses could be identified. Chairman Shickle asked staff to propose alternatives to the issue of a rewrite and outline a path the Board might take. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' reports. 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. (8:25 P.M.) Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07 4281 (~o Richard C. Shickle Chairman, Board of Supervisors Joh iley, Jr. Cle Board of Supervisors Minutes Prepared By: (r~_ ~. 1 ~ ~ ~ ~~~~ Jay E. Ti s Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Regular Meeting of 05/23/07