Loading...
HomeMy WebLinkAboutJune 25 2008 Regular Meeting384 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 25, 2008, at 6:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice-Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; and Philip A. Lemieux. ABSENT Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-3711 A (5) and (7) to discuss an economic development industrial prospect and legal issues. 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 Absent BOARD RECONVENED INTO REGULAR SESSION Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board came out of Closed Session and reconvened in Regular Session. 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 Absent Upon amotion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (5) and Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 385 (7) economic development industrial prospect and legal issues were discussed. 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 Absent RECESS Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board recessed until 7:15 P.M. 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 Absent CALL TO ORDER Chairman Shickle called the meeting back to order. INVOCATION Daniel Hess, Harvesters of Hope, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED AS AMENDED County Administrator John R. Ri]ey, Jr. advised he had the following changes to the agenda: - Removal of Snowden Bridge Master Development Plan -Tab H; and - Addition of Bob Mitchell to address the Board regarding a declaratory judgment as item #1 under County Officials. Chairman Shickle advised that he would like to switch the order of tabs I and J, Implementation of the Recently Adopted Development Review Fee Schedule in the Rural Areas Zoning District and Discussion of Proposed RA Zoning District Ordinance Amendments. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the agenda as amended. Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 386 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 Absent CONSENT AGENDA -APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Road Resolutions -Albin Estates, Section 4 -Tab L. 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 Gary A. Lofton Absent 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 by Supervisor Ewing, the Board approved the minutes from the June 11, 2008 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 Gary A. Lofton Absent COUNTY OFFICIALS ROBERT T. MITCHELL ATTORNEY TO ADDRESS BOARD REGARDING STAR FORT DECLARATORY JUDGMENT -APPROVED FILING OF DECLARATORY Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/U8 387 JUDGMENT ACTION Attorney Robert Mitchell appeared before the Board to discuss legal issues relative to the Star Fort Master Development Plan and the Star Fort. He explained the fort was located on property acquired by the three developers of the subdivision. He went on to say the Master Development Plan contained specific conditions regarding the annual assessment on lots within the Star Fort development. There had not been a consistent effort to collect the assessments for Star Fort; however, the property owners were notified in their deed that there was an assessment. Mr. Mitchell went on to say there were no private streets or common areas within the development and there was no other need for these assessments except to meet the requirements of the master development plan. He went on to say there was significant public interest in maintaining Star Fort. It was his recommendation that the County undertake collection and monitoring of assessments for Star Fort. He stated there was no new obligation being created on the property owners. He concluded by saying the Board should file for a declaratory judgment to preserve Star Fort, maintain the public interest, and for the County to collect the assessment. Chairman Shickle stated the preservation of the Start Fort was a major consideration of the Master Development Plan and he was glad there was an opportunity for the Board to deal with this issue. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board approved the filing of the declaratory judgment action in the Frederick County Circuit Court to ask the Court to authorize the County to take over the collection of the mandatory assessments on the lots in the Star Fort Subdivision as set forth in the conditions of the Master Development Plan and in the recorded deeds of dedication for the subdivision. 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 Absent COMMITTEE APPOINTMENTS APPOINTMENT OF GREG LINGER AND ROGER THOMAS AS PLANNING COMMISSION REPRESENTATIVES ON THE JOINT LAND USE COMMITTEE Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 388 WITH STEPHENS CITY -INFORMATION ONLY Chairman Shickle advised that he had appointed Greg Unger and Roger Thomas to share duties as Planning Commission representatives on the Joint Land Use Committee with Stephens City. j(ji't111 V11\ii•iu..- -- CONSERVATION EASEMENT AUTHORITY -APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board reappointed Diane Kearns and Richie Wilkins to the Conservation Easement Authority. This is a three year appointment, said term to expire August 24, 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 Absent REAPPOINTMENT OF WELLINGTON H. JONES AS FREDERICK COUNTY REPRESENTATIVE ON THE FREDERICK-WINCHESTER SERVICE AUTHORITY -APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Dove, the Board reappointed Wellington H. Jones as Frederick County representative on the Frederick-Winchester Service Authority. This is a three year appointment, said term to expire August 31, 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 Absent APPOINTMENT OF FREDERICK VONDY BLAINE ALKIRE AND GENE FISHER AS COUNTY REPRESENTATIVES ON THE MENTAL HEALTH TASK FORCE-APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Ewing, the Board appointed Frederick Vondy, Blaine Alkire, and Gene Fisher as county representatives to the Mental Health Task Force. The above motion was approved by the following recorded vote: Minute Book Number 33 Board of Supervisors Regular Meeting of 06!25/08 389 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 Absent COMMITTEE REPORTS PUBLIC SAFETY COMMITTEE REPORT -APPROVED A meeting of the Public Safety Committee was held on Thursday, June 12, 2008 beginning at 8:00 a.m. Committee members present were: Committee Chairman Gary Dove, Gene E. Fisher, County Administrator John Riley, Fire & Rescue Association President Mike Cline, Sheriff Robert Williamson, Helen Lake and County Attorney Rod Williams. Also in attendance were Public Safety Communications Director LeeAnna Pyles, Emergency Management Specialist Gail Miller, Fire & Rescue Deputy Chief Denny Linaburg, and Captain Karl Steudl. The following items were discussed: *** Items Requiring Board Action *** 1. Citizens Alert - (See Attached) LeeAnna Pyles, the Director of Public Safety Communications addressed the Committee regarding the CityWatch Citizens Alert System and available Homeland Security grant funding. The grant application is due by June 20, 2008. It will be evaluated in July, awarded in August and with funds to be expended by December 2009. She noted staff has had less than 4 weeks to prepare and present this to the committee. A motion was made by Sher~Williamson for the Committee to endorse the application for --- a grant to purchase the CityWatch Program. This was seconded by Helen Lake and unanimously approved. CityWatch is the system currently being utilized by the City of Winchester. Staff has seen a demonstration of the system and believes it has all of the features necessary for alerting the citizens. There is no license required and anyone with the authorized password, code and/or authority may put out the alerts. In addition, should this system go down our information could seamlessly "merge" with the City or any other municipality utilizing the CityWatch system. The proposed grant would cover 100% of the system cost, approximately $40,000. It was noted off-site access can be purchased for either $1,000 year at .10 cents a minute or $5,000, which includes 10,000 minutes and .09 cents per minute over that amount. Maintenance and upgrades are 12% of the cost of the system (approximately $4,600/yr.). System maintenance is via phone and maintenance in-house would consist of updating names and numbers. Additional phone lines would be needed since the system would be housed at the Dispatch Center and would be utilized during both local emergencies and non emergencies. In the event of large scale emergencies, CityWatch would be notified and they, in turn, would do a mass paging to all of our citizens. It was noted the EOC currently has 20 vacant phone lines and they would be utilized for sending out alerts. If, in the event of a mass emergency CityWatch would be utilized and those phone lines would be switched back to the EOC. This system would replace most of the pagers currently being utilized by various employees and departments, as messages could be made page specific and sent to individuals and/or departments. Citizens will choose which notification method they would prefer to receive alerts (e.g. email, cell phone, and/or home phone). The education process could be done via newspaper, Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 390 television or mail. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the grant application to purchase the CityWatch system. The above motion was approved by the following recorded vote: Richard C. Shickle Gene E. Fisher Charles S. DeHaven, Jr Gary W. Dove Bill M. Ewing Philip A. Lemieux Gary A. Lofton Aye Aye Aye Aye Aye Aye Absent ***Information Only*** 1. Fee for Service - (See Attachedl Mr. Riley presented an update on the proposed Fee for Service. The acting Chief Tim Welsh developed information showing calls received and revenues generated by various the fire and rescue companies. The initial proposal was presented to the Chiefs' Working Group on May 22, 2008 and received a mild reception. Another meeting with the Chiefs' Working Group is needed in order to reach consensus on several issues at hand, one being a total buy-in by the volunteers. The Committee discussed "soft billing", which is a term for those who can not pay. It was noted that everyone utilizing EMS services would receive a bill; however, those with no insurance, income below the poverty level, etc. would receive the service at no cost. It was noted an outside agency would determine who would qualify for "soft billing" once income and insurance status were verified. Concern was expressed that citizens would not call for service because of the financial burden. Mr. Cline stressed the need for public education on this topic and that the need for the County to stay consistent with the City regarding fees. In response, Mr. Riley referenced the MOU outlining rules and procedures which was given out at the Chiefs' meeting and agreed to bring it to the next Committee Meeting. With regard to public education, it was noted that education programs would consist of videos, similar to the City's. It was noted this project would take about 6 months to get up and running, with the County teaming up with the City and the Ilospital's programs to get the best rates for the citizens. The program is slated to begin January 1, 2009. 2. Update Re• Microwave Svstem The microwave system is up and running on all primary towers (PSC Building, Brown Ln., Tasker Rd., N. Mtn. site). The phone circuits will remain in place for another month or two to ensure there are no problems with the switch over. Two other primary sites are still on phone line systems -Soldiers Rest and Cross Junction. Staff is reviewing options for these sites. The Dispatch Center is currently logging any radio transmission problems to the ECC from Fire and Rescue or Sheriff's Department so they can be resolved with the towers. 3. Animal Control Sheriff Williamson discussed the need for additional Animal Control Officers based upon the volume of calls received (i.e. 4,500 calls since June 2007) and the amount of overtime paid (i.e. $11,000). These numbers do not include calls handled by deputies. The current 4 ACO's cannot respond to all calls and requests for service. The Sheriff further noted liability issues, training and Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 391 lack of equipment prohibit the deputies from assisting fully in calls of this nature. The Sheriff advised he would be bringing forth a proposal for 3 new Animal Control Officers to the next Committee meeting and would provide additional information at that time. Other business• Sheriff Williamson advised a grant should be pursued for aCounty-wide mobile command post. He stated this facility would be utilized during emergencies where there would be a need to relocate the dispatch center and organize emergency personnel off-site. Gail Miller advised the EOC plan is being updated and should be returned her by the end of June. She hoped to have it by the next Committee meeting. Gail Miller reported that work with FOPS is improving. As an example she cited the severe storms last week and how the EOC and FOPS worked together to alert parents and keep the students safe. We are working with the GIS Department to install mapping information in the EOC should that information be needed in the event of an emergency. Chairman Dove asked for the 1st dues 1-10 at the next meeting. Gail Miller reported 9 "Explorers" graduated from the camp. The students were very active and excited about this opportunity. Next Meeting Date: The next Public Safety Committee meeting is scheduled for Thursday August 14th, 2008 at 8 AM. Meeting adjourned :9:30 A.M. FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, June 18, 2008 at 8:00 a.m. Items 1, 4, 8, and 12 were approved on consent agenda. Member Richard Shickle was absent. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda. "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 Absent 1. The Court Services Director requests a Court Services Fund supplemental appropriation in the amount of $4,000. This amount represents additional funds received from DCJS. No local funds required. See attached memo, p. 1. -Approved Under Consent Agenda. 2. The NRADC Superintendent requests an FY09 Jail Fund supplemental appropriation in the amount of $224,187. This amount represents remaining bond proceeds needed to perform major Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 392 repairs and maintenance projects. See attached memo, p. 2. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above 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 Gary A. Lofton Absent 3. The NRADC Superintendent requests an FY09 Jail Fund supplemental appropriation in the amount of $301,000. This amount re Ze The ommittee e ommendsapproval a Approveda resurface showers. See attached memo, p. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the above 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 Gary A. Lofton Absent 4. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $600. This amount represents Litter-Thon donations. No local funds required. See attached memo, p. 3. -Approved Under Consent Agenda. 5. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $3,000. This amount represents funds needed for lead paint and asbestos tests at the Old Gainesboro School and has been endorsed by the Public Works Committee. Local funds required. See attached memo, p. 4-6. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the above 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 Gary A. Lofton Absent Minute Book Number 33 Board or Supervisors Regular Meeting of 06/25!08 39~ 6. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $151,800 to correct deficiencies at the Old Gainesboro School building and add fire alarm and security systems. The Public Works Committee has endorsed this request. Local funds required. See attached memo, p. 7-9. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the above 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 Gary A. Lofton Absent 7. 1'he Director of Public Works requests a Shawneeland Fund supplemental appropriation in the amount of $500,000. This amount represents funds needed to perform foundation repairs of the Lake Cherokee dam and has been endorsed by the Public Works Committee. See attached memo, p. 7-9. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the above 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 Gary A. Lofton Absent 8. The Sheriff requests a General Fund supplemental appropriation in the amount of $3,568.50. This amount represents private and DARE donations, DARE Bowl-a-Thon proceeds and DARE t-shirt reimbursements. No local funds required. See attached memos, p. 10-13. -Approved Under Consent Agenda. 9. The Sheriff requests a General Fund supplemental appropriation in the amount of $74,000. This amount represents federal funds reimbursed for the purchase of IT equipment. It is requested that funds be appropriated in the operating budget in order to cover gasoline expenditures and a mandatory incinerator test. No local funds required. See attached memo, p. 14. The committee recommends appropriation of funds for IT equipment. Departmental transfers can be approved by the County Administrator. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the above request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 394 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Absent 10. The Juvenile & Domestic Relations and General District courts request an FY 2009 General Fund supplemental appropriation in the amount of $14,000 for salary supplements. Local funds required. See attached memo, p. 15-16. The committee recommends approval. -Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the above 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 Gary A. Lofton Absent 11. As requested, the Parks & Recreation Director provides a review and analysis of the Parks & Recreation fees for discussion. See attached information, p. 17-22. This item has been postponed for further discussion with department director. -Information Only. 12. The Commonwealth's Attorney's Office requests an FY09 General Fund supplemental appropriation in the amount of $4,000. This represents a carry forward needed for installation of the VCAIS computer system. See attached memo, p. 23. -Approved Under Consent Agenda. __ ***Information Only*** 1. The Finance Director provides a fund balance report. See attached, p. 24. DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REPORT - APPROVED The Development Impact Model -Oversight Committee (DIM-OC) met on Tuesday, June 10, 2008 at 8:30 AM. Members Present Josh Phelps J.P. Carr Gary Lofton Stephen Petler Gary Dove Members Absent Paige Manuel Roger Thomas Stuart Wolk Al Orndorff, Patrick Barker, Kris Tierney, and Eric Lawrence were present. Robert Igoe was present on behalf of The Winchester Star. ***Item Requiring Action*** The DIM-OC reviewed the critical inputs for the Annual Update of the Development Impact Model. The inputs are essential in order to maintain an updated DIM. It is also important to note that the DIM is a planning tool which projects anticipated capital facility costs associated with land Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 39~ development and rezoning proposals. TheDIM-OCrecommends the use of the critical inputs, and for their incorporation into model. Upon approval of the DIM-OC's recommendation, staff will use the updated model in the consideration of future rezoning petitions. The critical input spreadsheet and resulting projected capital facilities costs are attached for your information. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the DIM-OC recommendation. Chairman Shickle stated the proposed model shows the County does not have a good number for recording fire and rescue calls. Supervisor DeHaven stated there was no reason the model could not be changed to reflect the way the County looks at things. There being no further discussion, 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 Absent PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING -CONDITIONAL USE PERMIT #03-08 FOR JAMES CHRISTIAN III AS A TAXIDERMIST. THIS PROPERTY IS LOCATED AT 376 WINDING HILL ROAD ROUTE 674 AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 22-3-6 IN THE GAINESBORO MAGISTERIAL DISTRICT -APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this property is located at 376 Winding Hill Road in the Gainesboro Magisterial District. The property is zoned RA (Rural Areas) District and its current land use is residential. He went on to say this was an application for a taxidermy shop in an approximately 150 square foot building with one to five customers per week. He noted that cottage occupations are allowed in the RA District with an approved conditional use permit. He concluded by saying the Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. This use shall be in compliance with Section 165-42 of the Frederick County Zoning Ordinance, with regards to rendering operations. Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 396 3. One cottage occupation business sign shall be allowed, and shall not exceed four square-feet in area. 4. No more than five customers shall be allowed per week. 5. Any expansion or modification of this use will require a new conditional use permit. 6. No outside employees shall be allowed other than those members of the immediate family residing on the premises. 7. Animal by-products shall be removed from the site on a monthly basis; no composting of animal by-products on site. 8. No commercial traffic is permitted on Beeler Lane. 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 Ewing, the Board approved Conditional Use Permit #03-08 with conditions. 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 Absent PUBLIC HEARING URBAN DEVELOPMENT AREA (UDAI ORDINANCE AMENDMENT -BUSINESS OVERLAY DISTRICT. THE INTENT OF THE OVERLAY IS TO ALLOW TRADITIONAL NEIGHBORHOOD DESIGN IN COMMERCIALLY ZONED NEIGHBORHOOD VILLAGES AND URBAN CENTERS AS PER THE UDA STUDY POLICIES. -APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was the first proposed ordinance to begin implementation of the Urban Development Area (UDA) Study. This overlay would apply to properties zoned B 1 (Neighborhood Business) District and B2 (Business General) District. Existing B1 and B2 properties could seek this overlay through a rezoning. This ordinance is intended for site and infill projects of less than 20 acres. Features of this overlay include: - Mix and integration of a variety of uses; - Increased density in an urban form; - Connectivity; Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25108 39i -High quality architecture and urban design; - Smart transportation; - Community focal points; - Mix and diversity of housing opportunities; - Walkability; -Traditional neighborhood structure; - Sustainability and environmental quality; - Integrated community facilities; - Enhanced design and planning. She concluded by saying the Planning Commission recommended approval of the proposed ordinance amendment. Chairman Shickle asked if a design charette was held. Senior Planner Perkins responded no. Chairman Shickle asked if the signage and tree requirements were in conflict, as the trees in the examples shown hid the building signage. Senior Planner Perkins responded those were issues that would come into play during the site plan stage. Chairman Shickle stated he would like to have teens other than "traditional" or "neo-traditional" used in this ordinance or have those terms defined within the ordinance. 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 ordinance amendment and directed staff to define the terms in the ordinance. Article XVII-A TNDB (Traditional Neighborhood Design-Business) Overlay District §165-131.1. Intent. The TNDB (Traditional Neighborhood Design-Business) Overlay District is intended to implement the comprehensive plan goals of supporting a business climate conducive to economic activity and orderly economic growth, providing a variety of housing types and locations to meet the varied needs and income levels of the county's present and future population, providing for adequate and Minute Book Number 33 Board of Supervisors Regular Meeting of 06!25/08 398 safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages, all of the foregoing being deemed to advance and promote the health, safety and general welfare of the public and the orderly development of Frederick County. The T'NDB (Traditional Neighborhood Design-Business) Overlay District provides parcels within the County's Urban Development Area (UDA), or parcels located in areas identified as a potential urban center or neighborhood village in the Comprehensive Plan which are located within the Sewer and Water Service Area, the ability to utilize traditional neighborhood design criteria that are different from the criteria specified in § 165-82 and § 165-83 of this chapter. Parcels within this district should be located along major roadways and prominent road intersections that are located in close proximity to existing or planned residential areas. This flexibility is provided to enable traditional neighborhood design which includes a mix and integration of uses, a mix and diversity of housing types, increased density, walkability, connectivity, traditional neighborhood structure, high quality architecture and urban design, sustainability and environmental quality and enhanced design and planning. §165-131.2. District boundaries. Properties that are included within the TNDB (Traditional Neighborhood Design-Business) Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. §165-131.3. Establishment of districts. A. The Frederick County Board of Supervisors may apply the TNDB (Traditional Neighborhood Design-Business) Overlay District, following the procedures of ARTICLE II of this Chapter, to B1 Neighborhood Business District and B2 Business General District properties less than 20 acres upon concluding that: 1. The parcel is located within the Urban Development Area, or located in an area identified as a potential urban center or neighborhood village in the Comprehensive Plan which is located within the Sewer and Water Service Area. 2. The requirements of this section will not have an adverse impact on adjoining properties whose primary use is residential. B. The TNDB (Traditional Neighborhood Design-Business) Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the TNDB (Traditional Neighborhood Design-Business) Overlay District shall also be within one or more zoning districts as specified within this chapter. The effect shall be the creation of regulations and requirements for the TNDB (Traditional Neighborhood Design-Business) Overlay District that are in addition to, or supersede, as the case may be, those for the underlying zoning district(s). §165-131.4. General regulations. A. Use. Any use allowed in the underlying zoning district shall be allowed. Residential dwelling units shall be permitted within the same buildings as other permitted uses, provided that such dwellings units shall be located above the ground floor of the building so as not to interrupt the commercial frontage in the district. B. Residential density. Maximum gross density shall be 10 units per acre. C. Dimensional and intensity requirements. The following dimensional and intensity requirements shall supersede those of the underlying zoning district: Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/OS 399 Requirement Minimum front yard setback on primary or arterial highways (feet) Maximum front yard setback on primary or arterial highways (feet) Minimum front yard setback on Collector or minor streets (feet) Maximum front yard setback on collector or minor streets (feet) Side yard setbacks (feet) Rear yard setbacks (feet) Floor area to lot area ratio (FAR) Minimum landscaped area (percentage of lot area) Maximum height (feet) Maximum (number) of habitable floors TNDB (Traditional Neighborhood Design-Business) Overlay District 30 50 10 20 1.00 15 45 3 D. A waiver from the maximum front yard setback on collector or minor streets may be granted by the Board of Supervisors at the time of rezoning to enable areas open to the public such as pocket parks and outdoor seating. E. All other dimensional and intensity requirements of § 165-83 of this Chapter shall apply. §165-131.5.Off-street parking; parking lots. Off-street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section. A. Required parking spaces. Required parking spaces for residential dwelling units shall be dedicated and delineated solely for use by the residents and identified on the Site Plan for the development. 2. Number of required off-street parking spaces for residential dwelling units: Number of bedrooms Efficiency 1 2 plus Off-street parking spaces 1.0 1.0 2.0 3. Required parking spaces for commercial uses shall be in accordance with § 165-27 ofthis chapter. The Zoning Administrator may allow some variation in the standards for required parking for the commercial uses based on detailed parking demand studies provided by the applicant. 4. On-street parking can be counted towards meeting the required parking in §165-27 of Minute Book Number 33 Board of Supervisors Regular Meeting or 06/25/08 goo this chapter, provided such parking is located within 400 feet ofthe subject principal use. B. Location of parking and circulation areas. Areas devoted to parking or circulation of vehicles shall not be located between a primary structure on a lot and the street, nor shall such areas be located closer to the street than the primary structure on the lot. C. All other regulations concerning off-street parking and parking lots shall be as required in § 165-27 of this chapter. §165-131.6. Design Standards. A. A harmonious coordination of uses, architectural styles, signs and landscaping shall be provided to ensure the aesthetic quality and value of the development. B. Door and entrances. Buildings must have a primary entrance door oriented towards the street or adjacent plazas, parks, squares, sidewalks or pedestrian passageways. Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses. C. Windows. A minimum of 40% of the street-facing building facades between two feet and eight feet in height must be comprised of windows that allow views of indoor space or product display areas. D. Central Plaza. A plaza that is centrally located within the district shall be provided and shall be a minimum of 5,000 square feet in area or two percent of the total acreage of the site, whichever is greater. At least one side of the plaza shall adjoin a road. The plaza shall include public amenities, such as ponds, fountains, public areas, plant beds, benches, drinking fountains, clock pedestals and the like. Buildings that adjoin the plaza shall be a minimum of two (2) stories. E. Sidewalks and pedestrian walkways. Sidewalks shall be installed along all building entrances and along all streets. Sidewalks located along primary building entrances utilized for the general public shall be a minimum of ten (10) feet wide. All other sidewalks shall be a minimum of five (5) feet wide. F. Trails. All planned bike trails as identified in the Comprehensive Plan shall be provided along any road within the proposed overlay district. Trails shall be a minimum of 10 feet wide and have a paved surface. G. Buffers and screening. A. Buffers and screening shall be provided on each lot or parcel on which any use is established according to the requirements of this section. 1. Buffers and screening requirements shall be provided as required in § 165-37 of this chapter for the underlying zoning district. Any residential dwelling units shall be treated as commercial floor space solely for the purpose of buffers and screening requirements. Zoning district buffers shall not be required along any existing road right-of--ways which border the development. 1'he Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted, the distance requirements of § 165-37 may be reduced, provided the full screening requirements of the section are met. 2. Loading areas shall be landscaped, screened and buffered from view as seen from adjoining streets and residential areas. Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 401 H. Street trees. One street tree shall be provided for every 30 feet of street frontage. Street trees shall be planted no more than 10 feet from rights of way. Acceptable trees shall be based on the list of street trees include in § 165-36B of this chapter. Street trees shall be a minimum of three inch caliper at the time of planting. §165-131.7. Master Development Plan (MDP) A. The Director of Planning and Development may waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design- Business) Overlay District for sites less than 10 acres in accordance with § 165-134(C)(2) through § 165-134(C)(6) of this chapter. The Director of Planning and Development may also waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design-Business) Overlay District provided that a proffer statement, accepted by the Board of Supervisors, associated with the development contains a plan which shows: 1. The proposed location and arrangement of all street and utility systems. 2. The proposed location of entrances to the development from existing streets. 3. A conceptual plan for stormwater management and description of the location of all stormwater facilities designed to serve more than one parcel. 4. The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. B. All other regulations concerning master development plans shall be as required in Article XVIII of this chapter. §165-131.8. Signage. A. Projecting signs. Signs which project from the face of the building shall be permitted subject to the following: (1) Maximum sign area shall be six (6) square feet on any side of the building. (2) Distance from the lower edge of the signboard to the ground shall be eight (8) feet or greater. (3) Height of the top edge of the signboard shall not exceed the height of the wall from which it projects for single story buildings, or the height of the sill or bottom of any second story window for multi-story buildings. (4) Distance from the building to the signboard shall not exceed six (6) inches. (5) Width of the signboard shall not exceed three (3) feet. B. Awning signs. Where awnings are provided over windows or doors, awning Signage is permitted with the following provisions: (1) Maximum eight (8) square feet of Signage area on an awning. (2) No backlit awnings are allowed. C. Wall-mounted signs shall be permitted to encompass 1.5 square feet for every 1.0 linear feet of building frontage, provided that the total area of the wall-mounted sign does not exceed 150 square feet. Wall-mounted signs shall not exceed 18 feet in height. Minute Book Number 33 Board or Supervisors Regular Meeting or 06/25/08 402 D. Freestanding business signs shall not exceed 50 square feet in area. Freestanding business signs shall not exceed 12 feet in height. E. All other signs regulations shall be as required in § 165-30 of this chapter for the underlying zoning district. ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991] HABITABLE FLOOR -Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof, except for a floor used only for storage purposes. > - STREET, COLLECTOR - A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, designed to collect and distribute traffic to and from local streets. STREET, LOCAL - A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, designed to provide access to adjoining or abutting properties. Chapter 144 -Subdivision Ordinance ARTICLE II Definitions §144-2. Definitions and word usage. [Amended 6-9-1993; 4-26,2005; 2-28-2007} - STREET, COLLECTOR - A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, designed to collect and distribute traffic to and from local streets. - STREET, LOCAL - A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, designed to provide access to adjoining or abutting properties. 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 Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/OS 40~ Gary A. Lofton Absent OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #04-08 OF SNOWDEN BRIDGE -PULLED FROM THE AGENDA AT THE APPLICANT'S REQUEST This item was pulled at the applicant's request. DISCUSSION OF PROPOSED RA ZONING DISTRICT ORDINANCE AMENDMENTS - (RESOLUTION #066-08) -SENT FORWARD FOR PUBLIC HEARING Planning Director Eric Lawrence appeared before the Board regarding this item. He advised that staff was previously directed to include a lot density change with the proposed Rural Preservation Zoning Ordinance changes and proceed through the public hearing process. In addition, an implementation strategy was to be prepared for the Board's consideration. He went on to say staff had drafted an ordinance that would change the lot density in the RA District from one unit per five acres to one unit per 10 acres. In addition, revisions were made to change the rural preservation lot size from 40% to 60% as the minimum percentage of the parent tract that must be preserved as a rural preservation lot. In addition to the ordinance amendments, Director Lawrence advised an implementation strategy had been proposed to recognize those property owners who might be in the process of subdividing their RA zoned properties at the time the ordinance is established. Under the proposal, a complete preliminary sketch application must be submitted to the County Planning Department by July 1, 2008 and Final Plats must receive the Subdivision Administrator's approval by January 9, 2009. He concluded by saying staff was prepared to take this item through the public hearing process at the July 16, 2008 Planning Commission meeting and the August 13, 2008 Board of Supervisors meeting. Chairman Shickle asked if the wording "to provide a clustering opportunity" could be added to the purpose section. Director Lawrence responded staff could do that, but he did not know if it was necessary. Chairman Shickle expressed his discomfort with the use of the term "traditional". Director Lawrence responded that staff could remove that word from the ordinance proposal. Supervisor DeHaven stated the easiest thing would be for staff to strike that word. Supervisor Lemieux asked if the Board was thinking of changing the minimum lot size. Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 404 Chairman Shickle stated it was his understanding that if the Board advertised a minimum lot size of 10 acres, they could change it back to five; however, if five was advertised then the Board could not increase that to 10. Supervisor Lemieux asked how long it took to complete a sketch plan. Director Lawrence responded there were differing opinions which ranged from overnight to much longer. Supervisor DeHaven asked if the County would charge a fee for each change to a sketch plan. Director Lawrence responded if it was a minor change no, but for a major change a fee would be charged. Supervisor Lemieux asked if an already submitted sketch plan must be resubmitted would an individual have met the July 1 deadline. Director Lawrence responded that would be a judgment call and would depend on how much the new plan changed from its original submission. Vice-Chairman Fisher asked about Section 165-56 and wondered if those units would be "stacked" on top of each other. Director Lawrence responded that only the residential lots needed to comply with that section. It did not pertain to the preservation lots. Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lemieux, the Board approved the following resolution: WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning, Article V, RA (Rural Areas) District pertaining to density requirements and rural preservation subdivision requirements in the RA (Rural Areas) Zoning District. WHEREAS, whenever the public necessity, convenience, general welfare, or good zoning practice requires, the governing body may by ordinance amend, supplement, or change the regulations, or classifications of property. Any such amendment may be initiated by a resolution from the governing body. WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning, Article V, RA (Rural Areas) District. The proposed amendment includes changes to decrease the permitted lot density from one unit per five acres generally to one unit per ten acres in all of the RA District, revisions to change the gencral minimum lot size in all of the RA District, except for family division lots and rural preservation lots, from five acres to ten acres, as well as revisions to the family division and rural preservation subdivision requirements. Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 405 NOW, THEREFORE, BE IT REQUESTED, by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing on July 16, 2008 at 7:OOpm to consider revisions to Chapter 165, Zoning, Article V, RA (Rural Areas) District pertaining to density requirements, minimum lot size, and rural preservation and family lot subdivision requirements in the RA (Rural Areas) Zoning District. 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 Absent IMPLEMENTATION OF RECENTLY ADOPTED DEVELOPMENT REVIEW FEE SCHEDULE IN THE RURAL AREAS ZONING DISTRICT -FEES NOT TO BE CHARGED IF THE APPLICANT SUBMITTED AND PAID PRIOR TO THE IMPLEMENTATION OF THE NEW FEE SCHEDULE Planning Director Eric Lawrence appeared before the Board regarding this item. He explained there might be instances when anapplicant/property owner had paid the applicable fees for a particular rural areas subdivision under the old fee schedule and there is a belief those individuals should not be required to pay additional fees to create the record plat, as outlined in the new fee schedule. He explained that under the old fee schedule the applicants paid one fee to cover both the sketch plan and the record plat. He suggested if the Board chose to recognize the review fees previously paid it might be appropriate to establish a 12 or 24-month grace period to enable a property owner to complete their subdivision design/platting without incurring additional review fees. The 12 or 24-month period could begin once the sketch plan was determined to be appropriate for platting. He concluded by saying he felt implementation of the ordinance changes and this policy should be consistent. Supervisor Ewing stated he would like to have a 24-month grace period for the applicants. Supervisor Dove agreed because there were a number of people who had done the work, but were merely waiting for the housing market to pick up. Director Lawrence suggested the Board could direct staff to waive the fees for projects submitted under the old fee schedule. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board directed staff not to charge fees if the applicant had submitted and paid prior to the implementation of the new fee schedule. Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08 406 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 Absent RE UEST TO SCHEDULE A WORKSESSION RE: COMPREHENSIVE POLICY PLAN AMENDMENT REQUESTS -APPROVED The Board schedule a work session on the Comprehensive Policy Plan Amendment requests for Tuesday, August 5, 2008 at 12:00 P.M. ROAD RESOLUTION (#065 081 - ALBIN ESTATES SECTION 4 -APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9,1993, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle asked Administrator Riley to have legal and planning staff review the 20081egislativeupdatw, which were the subject of Administrator Riley's June 9, 2008 memo to the Board, and respond back to the Board with their interpretations. Minute Book Number 33 Board of Supervisors Regular Meeting of 06/2.5/OS 407 Supervisor Dove raised the question of whether or not the Board had appropriated the funds for the 2008 VPSA Spring Bond issuance. He wanted to insure those funds were not being spent prior to appropriation and with regard to the land purchases, he wanted to make sure the purchase price was reasonable. 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. (8:47 P.M.) ~~~ ~~ Q P Richard C. Shickle Chairman, Board of Supervisors Jo .Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: Jay E. Ti s Deputy Clerk, Board of Supervisors Minute Book Number 33 Board of Supervisors Regular Meeting of 06/25/08