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HomeMy WebLinkAboutMay 28 2008 Regular Meeting353 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 28, 2008, 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 Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Richard W. Reifsnyder, First Presbyterian Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED County Administrator John R. Riley, Jr. advised he had no additions to the agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, 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 Gary A. Lofton Aye CONSENT AGENDA -APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Subdivision Request of K & J Investments, LC -Tab I; -Road Resolutions -Admiral Richard F,. Byrd Middle School, Edendale Elementary School, and Hamilton Court Townhouse Complex -Tab L. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 354 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS Gary W. By, Strasburg resident and Operations Manager of the Middletown Quarry, asked the Board to vote yes on the O-N Minerals (Chemstone) application. Bruce Carpenter, Gainesboro District, urged the Board to be pro-business and vote yes on the O-N Minerals application. Bill Graham, Middletown resident and professional engineer, asked the Board to look at the environmental setting. He stated the new proffers did nothing and he opposed the O-N Minerals application due to traffic, noise, and dust. He urged the Board to vote no. Wendy Hamilton, Back Creek District and President of Preserve Frederick, asked the Board for more time to allow one of the preservation groups the opportunity to purchase a portion of the quarry property in order to preserve the battlefield. She stated that tabling the application would give the parties an opportunity to work out the details of the proposal, which would save the mine, satisfy the Sanitation Authority's water needs, and preserve battlefield land. She concluded by requesting this matter be tabled and the preservation groups be allowed to work with the company. Gary Nicholls, Middletown and Back Creek District, stated his position has not changed, this project is not acceptable. It was his opinion that poor proffers could not be dressed up to make a significant improvement. He asked the Board to consider what would happen if their assumptions were wrong. He wanted a guarantee that he and other surrounding property owners did not have to bear the burden of this application. He would like to see the burden placed on the applicant. Dave Kolar, President of DK Industrial Services, stated he had been a service provider to the quarry for 20 years. He thought this was a good prudent use of the land and they would be a good neighbor. He asked what was best for the greater good of Frederick County. Kevin Barrington. Middletown and Back Creek District, stated a berm marker had been placed behind his property and that expansion of the quarry would render his property uninhabitable. He urged the Board to vote no. Kermit Orndorff, Shenandoah County, stated he sees a lot of construction in Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 35F County and he was concerned about the supply and demand of stone. He stated the Board could not say no to the rezoning. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES-APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the minutes from the May 14, 2008 Regular Meeting with one typographical error to be corrected. 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 Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF JOINT LAND USE COMMITTEE -APPROVED The Board received a request from the Town of Stephens City to create a joint land use committee to be made up of - "Two members of the Board and Town Council. - 1 member from each Planning Commission. - 1 member from each locality's Planning Department. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the proposed committee structure. "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 Gary A. Lofton Aye iJpon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board authorized Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 356 the Chairman to appoint the county representatives to this 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 Gary A. Lofton Aye Chairman Shickle appointed the following members to the committee: Supervisors Ewing and Lofton and Planning Director Eric Lawrence. Ike stated he would consult with the Planning Commission Chairman prior to appointing its representative. APPOINTMENT OF RUMSEY L. GROUSE TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL BOARD OF DIRECTORS - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board appointed Rumsey L. Crouse as the Frederick County representative on the Lord Fairfax Emergency Medical Services Council Board of Directors. This is a three year appointment, 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 Gary A. Lofton Aye RE UEST FROM REGIONAL JAIL SUPERINTENDENT FOR APPROPRIATION FROM BOND PROCEEDS -APPROVED SUBJECT TO JAIL BOARD APPROVAL Administrator Riley advised this was a request for a supplemental appropriation from the Jail's Bond Proceeds, revenue account #11-33010-41040-0001, in the amount of $301,000.00 to Repair & Maintenance a Building & Grounds expenditure #011-33010-3004-003. The requested appropriation would be used to replace the Detention Center's boilers and renovate inmate showers throughout the Jail. Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board approved the above request, subject to it receiving approval from the Jail Board. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 35i 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 Gary A. Lofton Aye COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT -APPROVED The Transportation Committee met on May 19, 2008 at 8:30 a.m. Members Present Chuck DeHaven (voting) Lewis Boyer (liaison Stephens City) Dave Burleson (voting) James Racey (voting) Members Absent Donald Breeden (liaison Middletown Gary Oates (liaison PC) George Krim (liaison PC) Phil Lemieux (voting) ***Items Requiring Action*** 1. Secondary Road Project Prioritization The committee reviewed the suggested projects for consideration in the effort to outline some priorities for planning purposes and coordination with VDOT. Staff, with VDOT coordination, placed the projects in a suggested priority order as follows: 1. Realignment of Burketown Road 2. Double Church Road from Route 277 to the location of the future relocated 277 3. Realignment of Valley Mill Road at Route 7 (West) 4. Warrior Drive from Route 277 to Double Church Road 5. Spine Road from the Hagberry Development to Senseny Road 6. Senseny Road widening 7. Extension of Smithfield Avenue to Brooke Road and associated disconnection of Brick Kiln Road from Brooke Road The Committee unanimously recommended endorsement of the list as presented. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the Secondary Road Project Prioritization. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, J. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. Route 37 Stud Staff has been coordinating with VDOT to develop a scope of work for the next phase of study required for the Route 37 Eastern Bypass. That scope is attached. The Committee has Minu[e Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 358 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board approved the salaries for the Board of Supervisors. reviewed the scope and unanimously recommended approval while allowing staff latitude to refine certain technical details of the survey standards in cooperation with VDOT. In addition, staff recommended, and the Committee endorsed, the idea that VDOT manage the project. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved moving forward with the Route 37 study with VDOT to manage the project. T1 Ri G C G B P: G being so feedbacl for recol ie above motion was approved by the following recorded vote: .chard C. Shickle Aye one E. Fisher Aye harles S. DeHaven, Jr. Aye ary W. Dove AYe ill M. Ewing Aye hilip A. Lemieux Aye ary A. Lofton Aye ***Items Not Requiring Action*** . Traffic lm~act Analysis Standards ~taff updated the Committee on the draft Traffic Impact Analysis standards. Feedback is still licited from a number of entities and meetings are being set up with stakeholders. Once that :has been received, the Committee will be provided with an updated draft of the standards nmendation to the Board of Supervisors. ~ copy of the current draft is included for your information >,. MPO Update vo significant news to report. 3. Other PUBLIC HEARING 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 $] 0 800• VICE-CHAIRMAN, $10,2 AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9 000. - APPROVED Administrator Riley advised this was a public hearing to approve the salaries for the Board of Supervisors for the upcoming fiscal year. Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 359 BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors for the fiscal year beginning July 1, 2008, 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. DeIlaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING -CONDITIONAL USE PERMIT #02-08 FOR GREGORY AND JOANN SMITH FOR A COTTAGE OCCUPATION -NAIL SALON. THIS PROPERTY IS LOCATED AT 181 RIDES MILL ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 85-A-lOJ IN THE OPE UON MAGISTERIAL DISTKICT. -APPROVED 'toning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for property located at 181 Ridings Mill Road in the Opequon Magisterial District. The land use on this property is residential and the application is for a proposed cottage occupation for a nail salon. Zoning Administrator Cheran advised a nail salon was permitted in the RA (Rural Areas) District with an approved conditional use permit. He went on to say the applicant had agreed to limit the number of customers and hours of operation. The Planning Commission considered this item and recommended approval with the following conditions: 1. All review agency comments shall be complied with at all times. No chemicals may be put into the sewage disposal system. 2. No business signs shall be permitted. 3. No other employees, other than those residing in the household. 4. Hours of operation shall be permitted from 7:00 a.m. to 6:00 p.m., Monday through Friday. 5. There shall be a maximum number of 20 customers allowed weekly. 6. Any expansion or modification of this use will require the approval of a new conditional use permit. Zoning Administrator Cheran concluded by saying the applicant was present to answer any questions the Board might have. Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 360 Supervisor Ewing asked the applicant if 20 customers per week were sufficient. The applicant responded she was okay with 20. 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 -- Conditional Use Permit #02-08. 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 Gary A. Lofton Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #03-08 FOR JOHN VF,NSKOSKE FOR A COTTAGE OCCUPATION -BLACK POWDER SALES. THIS PROPERTY IS LOCATED AT 863 CHESTNUT GROVE ROAD (ROUTE 6811, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 30-A-57 IN THE GAINESBORO MAGISTERIAL DISTRICT -APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for property located at 863 Chestnut Grove Road in the Gainesboro Magisterial District. The property is zoned RA (Rural Areas) District and its current use is residential. This conditional use permit is for a cottage occupation for black powder sales. Zoning Administrator Cheran went on to say the applicant was applying for this permit in response to a notice of violation. He went on to say the applicant was proposing to sell black powder on site. The Planning Commission recommended approval of this application with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any one time on the site, except during NSSA activities. 3. All customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687) 4. Hours of operation for on-site customers shall be limited to 8:00 a.m. to 7:00 p.m. 5. No sign age on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new conditional use permit. Minute Book Number 33 Board or Supervisors Regular Meeting or 05/28!08 361 He concluded by saying the applicant was present to answer any questions the Board might have. 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 Conditional Use Permit #03-08. "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 Gary A. Lofton Aye OTHER PLANNING ITEMS RF,ZONING #03-06 OF O-N MINERALS (CHEMSTONE) SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES TO REZONE 639.13 ACRES FROM RA (RURAL AREASI DISTRICT TO EM (EXTRACTIVE MANUFACTURING DISTRICT WITH PROFFERS. THE MIDDLE MARSH PROPERTY IS LOCATED EAST OF BELLE VIEW LANE (ROUTE 7581 WEST OF HITES ROAll ROUTE 6251 AND ON BOTH SIDES OF CHAPEL ROAD (ROUTE 627) THE NORTHERN RESERVE IS BOUNDED TO THE SOUTH BY CEDAR CREEK AND SHENANDOAH COUNTY AND IS WEST AND ADJACENT TO MEADOW MILLS ROAD (ROUTE 6241 THE PROPERTIES ARE IN THE BACK CREEK MAGISTERIAL DISTRICT AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 83-A-109 AND 90-A-23. -APPROVED Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised that his purpose was to update the Board on changes to this application, which have taken place since the public hearing. He stated the applicant provided a revised proffer statement dated May 22, 2008. He referred the Board to Attorney Robert Mitchell's review letter relative to the new proffer statement. Deputy Director Ruddy summarized the key changes to the application: - The total acreage was reduced from 639.13 acres to 394.2 for a reduction of 244.93 acres. - The Generalized Development Plan had been modified to reflect the reduced acreage and __ has specifically incorporated the additional phasing plans and view shed plats; beaming and landscape recommendations; clarified the 8 acre dedication; and the well and blast survey agreements. - Proffered to limit truck traffic to 86 trips per day, except under certain circumstances, in which event they would be limited to 200 per day. Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 362 - A number of changes were made to the proffer statement to address Mr. Mitchell's comments. Deputy Director Ruddy advised the Board that another public hearing was not required for this application. He then informed the Board that a revised proffer statement, dated May 27, 2008, was at their seats. He concluded by saying he would be glad to answer any questions the Board might have. Ty Lawson, Attorney for the Applicant, and Spencer Stinson appeared before the Board on behalf of this application. Mr. Stinson again reviewed the major changes to the proffer statement, as well as the Generalized Development Plan and associated exhibits. He noted there would be three monitoring wells placed on the north end of the property. Mr. Lawson reviewed the applicant's responses to the various comments received from staff and the county attorney relative to the proffer statement. Following the applicant's presentation, Supervisor Ewing asked Mr. Lawson, with regard to the truck traffic proffer, to define "certain circumstances". Mr. Lawson responded that certain circumstances would be those that would require the applicant to go to trucking (e.g. unable to use rail service). Supervisor Ewing asked who had control of those circumstances. Mr. Lawson responded that control would be considered "an act of God" or events beyond the applicant's control. Supervisor Lemieux asked if Mr. Lawson was prepared to list "act of God" in the proffers, because he could see potential for customers to have a deadline "emergency", which would not be an emergency for the quarry. He went on to say that he had issues with customer demand and the applicant being unwilling to say they would not truck based on customer demand. Mr. Lawson responded that trucking was more expensive for the applicant. He went on to say that all circumstances are economic hardships for the applicant, therefore; they hated to do that. He concluded by saying the quarry could not sustain high levels of product output. Supervisor Dove asked how a citizen would be able to get information in the event they were concerned about the number of truck trips being generated. Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 36~ Mr. Lawson responded that staff told the applicant to maintain the records regarding traffic and the applicant had not problem making this information available. Supervisor Dove asked if the citizens would have to go through the county to get those records. Mr. Lawson responded that was how the proffer was written. - Mr. Stinson stated he had not problem providing that information to the citizens. Supervisor Lofton asked about any consequences for truckers caught using Belle Grove and Chapel Roads. Mr. Stinson responded they would make it clear to the truckers that they were in violation. He went on to say a second violation would result in a ban from the facility. He advised that if citizens could call with the time and something to identify the trucks that would be helpful in policing this issue. He concluded by saying he had previously barred trucks from this facility. Supervisor Lofton asked about the well guarantee and if any well was affected would the applicant immediately supply water. Mr. Stinson responded the only things excluded from the well guarantees were pump and electrical problems. H went on to say if a well was damaged, they would hook up a tanker truck to the house so the residents would not have to vacate the premises. Supervisor Ewing asked Mr. Lawson if he addressed all of Mr. Mitchell's comments, as his presentation appeared to differ from the letter in the Board's agenda. Mr. Lawson referred Mr. Ewing to the previous slide presentation and responded yes. Supervisor Ewing cited the proffers pertaining to one of the cemeteries and its reference to the word "visitors" as an example of a difference in the presentation and Mr. Mitchell's letter. Supervisor Lofton thanked the Board for giving him another 30 days to delve into this issue and to discern additional comments. He felt the additional time had been beneficial and had rendered him a comfort level. He stated there had been a lot of talk about compatibility and that topic was subjective. He was presented with several examples of similar projects, but none specific _~ to Frederick County. He believed this was project was a local project and needed local input. He stated that he had looked at the quarries in other areas of the county and talked to people about blasting, dust, and well issues. He found the majority of people in those areas did not have any Minute Book Number 33 Board of Supervisors Regular Meeting of OS/l8/08 364 issues with the operations. He felt the proposed proffers went a long way regarding damage to buildings and wells. He did not find land values decreasing around quarries. He went on to say that from the beginning the applicant tried to reach out to key partners for a resolution of issues and to work on compatibility issues; however, he was disappointed with the responses because no one wanted to talk one on one with the applicant. He stated there had been talk of hiring a facilitator to work with all of the key groups, but he was not interested in that option. He cited the Cedar Creek - Battlefield Foundation as an example of what could happen if people worked with the applicant. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved Rezoning #03-06 as submitted. Supervisor Lemieux thought the application had come a long way from its original proposal, but it had changed so dramatically that he felt it should go back to the Planning Commission for another review. Supervisor Ewing stated he still had problems with the application and the proposal was still incomplete. He specifically cited problems with the truck traffic. He concluded by saying he had a problem supporting this application. Supervisor DeHaven stated he also had concerns. He felt there needed to be more consideration for the historic resources in the area. He also believed the scale and intensity was too much for this area. Vice-Chairman Fisher thought there had been a fair amount of compromise and he agreed with Supervisor Lofton. He felt the concerns had been addressed. He concluded by asking what the battlefield would look like with a house every five acres. Supervisor Lofton stated he appreciated everyone's input. He went on to say this project was in his own back yard. He could see it and he knows it will be getting closer to him. There being no further discussion, the above motion to approve Rezoning #03-06 was approved by the following recorded vote: Richard C. Shickle Aye Genc E. Fisher Aye Charles S. DeHaven, Jr. Nay Gary W. Dove Aye Bill M. Ewing Nay Philip A. Lemieux Nay Gary A. Lofton Aye Minute Book Number 33 Board of Supervisors Regular Meeting of OS/28/OS 36F SUBDIVISION REOUFST - K & J INVESTMENTS LC APPROVED UNDER CONSENT AGENDA This was a request to subdivide 11.283 acres into four parcels of 6.740 acres, 0.844 acres, 1.573 acres and 2.115 acres. The property is located on the east side of Welltown Road (Route 661) across from Stonewall Industrial Park in the Stonewall Magisterial District. This item was approved under the consent agenda. DISCUSSION OF ORDINANCE AMENDMENT -CHAPTER 165 ZONING ARTICLE V, RA (RURAL AREAS) DISTRICT SECTION 165 52 PERMITTED RESIDENTIAL DENSITY EXCEPTION• SECTION 165-54D PERMITTED LOT SIZES• AND SECTION 165-56B MINIMUM WIDTH MAXIMUM DEPTH -RURAL PRESERVATION LOTS -REVISIONS TO THE RURAL PRESERVATION SUBDIVISION REQUIREMENTS -SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She explained when subdividing land in the county, for parcels over 20 acres in size in the RA (Rural Areas) Zoning District, one option is to do a rural preservation subdivision. These subdivisions, while still subject to the one lot per five acres density requirement, allow for the creation of lots as small as two acres with a minimum 40% preservation tract. This preservation tract does not count towards the overall density of the subdivision; therefore, the subdivision would be permitted to have one additional lot. Staff was directed to look at revising certain requirements for rural preservation subdivisions. The revisions include removal of the preservation lot from the density exceptions and increasing the percentage requirement to 60%. This proposal was reviewed by both the Development Review and Regulations Subcommittee and Planning Commission. She concluded by saying this item was before the Board for discussion. Supervisor Lemieux asked if the preservation tract was increased was there a need to decrease the minimum lot size. Supervisor Lofton agreed. He went on to say at the Planning Commission several examples were made to show increased acreage. He suggested this item be sent back to the original committee for direction regarding a decrease in lot size. Supervisor Dove stated this item had been through an in depth study over the past few years with there being no consensus. He advised that he would like to see the Board go with the 60% preservation lot and a lot size of two acres. He concluded by saying he would like to see the Board pass this, but if something better came along he would look at it. Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 366 Vice-Chairman Fisher stated it was a matter of consistency with rural preservation lots. He stated the numbers and density are the same, but the infrastructure would take some of the lots. He felt 60% was reasonable and consistent with the five acre density; therefore, he supported the 60%. Chairman Shickle stated the trouble the county currently has is it is such a bargain to build a house in the rural area. Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board sent this item forward 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 Gary A. Lofton Aye DISCUSSION OF BUSINESS OVERLAY DISTRICT -SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was the first draft ordinance to begin implementation of the Urban Development Area (UA) Study, adopted on February 28, 2007. She went on to say the proposed overlay district would be relevant only for properties zoned B1 (Neighborhood Business) District or B2 (Business General) District. Existing B1 and B2 zoned properties could seek the overlay through a rezoning. Other properties could seek the overlay at the same time they sought a B 1 or B2 rezoning. The proposed overlay would be an option instead of a requirement. The intent of the overlay is to allow traditional neighborhood design in the Neighborhood Villages and Urban Centers per the UA Study. In addition, this proposed overlay would be used on small infl. projects of 20 acres or less located within the Urban Development Area and Sewer and Water Service Area. The proposal was reviewed by both the Development Review and Regulations Subcommittee and the Planning Commission. She concluded by saying staff was seeking direction from the Board as to whether all of their previous comments had been addressed and the ordinance was in a form that was ready for public hearing. Chairman Shickle asked if the rezoning for the overlay district was afull-fledged rezoning. Planning Director F,ric Lawrence responded yes. Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 36i Chairman Shickle stated he was concerned someone could seek the B 1 or B2 rezoning to get the overlay, the overlay could be denied, and the County would be stuck with B 1 or B2 property. He believed both rezonings should be turned down if the County did not want the overlay. He also stated he believed the rezoning process in this instance was too costly. Director Lawrence responded that he could talk to the development community regarding --- ~ ~ the pros and cons. Supervisor DeHaven supported the concept, but was concerned about residences over strip malls or residences in areas they were never intended. He went on to say the areas proposed for this designation appear to be either newly rezoned properties or land use planned properties. Vice-Chairman Fisher stated there could be significant design standards to go along with this proposal. Director Lawrence suggested taking this proposal to public hearing and let the public have some input. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved sending this item forward 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 Gary A. Lofton Ayc ROAD RESOLUTIONS (#'s 061-08 AND 062 08) ADMIRAL RICHARD E BYRD MIDDLE SCHOOL• EVENDALE ELEMENTARY SCHOOL• AND HAMILTON COURT TOWNHOUSE COMPLEX -APPROVED UNDF,R THE CONSENT AGENDA WHEREAS, the road described below provides access for school bus traffic from State Routes 9396 and 9397 to Admiral Richard E. Byrd Middle School and Evendale Elementary School, public schools; and WHEREAS, construction of the roads are complete and meet standards, deemed by the Department of Transportation, appropriate for the traffic anticipated; and _ WHEREAS, the School Board of Frederick County and this Board hereby guarantee a right-of--way of 80 feet, 60 feet and 30 feet as described below and additional drainage and slope easements as necessary for maintenance of the road. NOW, THEREFORE, BE IT RESOLVED, the School Board ofFrederick County and this Board, pursuant to Section 33.1-68 Code of Virginia, request the following roads be added to the Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 368 Secondary System of State Highways, Justes Road -From Front Royal Pike (Route 522) to 0.32 miles east of Rosa Lane (Route 9397), a distance of 0.32 miles, ROW 80 feet, Plat recorded 11/2/2007, Deed Book 070017080, pages 0403-0414 Rosa Lane -From Justes Drive to 0.076 miles north of Justes Drive, a distance of 0.08 miles, ROW 60 feet, Plat recorded 11/2/2007, Deed Book 070017080, Pages 0403-0414 Rosa Lane -From 0.076 miles north of Justes Drive to 0.244 miles north of Justes Drive, a distance of 0.24 miles, ROW 60 feet, Plat recorded 11/2/2007, Deed Book 070017080, Pages 0403-0414 Rosa Lane -From 0.244 mils north of Justes Drive to 0.1 mile north to end of state maintenance, a distance of 0.10 miles, ROW 60 feet, Plat recorded 11 /2/2007, Deed Book 070017080, Pages 0403 a 0414 Bus Loop -Admiral E. Byrd Middle School a From Rosa Lane to 0.14 miles east of Rosa Lane, a distance of 0.14 miles, ROW 30 feet, Plat recorded 11/2/2007, Deed Book 070017080, Pages 0403 -0414 Bus Loop -Evendale Elementary School a From Rosa Lane to Rosa Lane, a distance of 0.16 miles, ROW 30 feet, Plat recorded 11/2/2007, Deed Book 070017080, Pages 0403 a 0414 BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Joe Reese, FiberCat Communications, LLC, appeared before the Board as a follow up to his appearance at the last meeting. He presented the Board with examples of bid documents and proposals from other localities regarding low voltage cable installation. 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 BEFORF. THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:12 P.M.) Richard C. Shickle Chairman, Board of Supervisors 1 1 J iSrR. Riley, Jr. 1 'k, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 36 Minutes Prepared By: C,_<~L~Y~i Jay E. i s Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08