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HomeMy WebLinkAboutOctober 22 2008 Regular Meeting100 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 22, 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 Mark Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA - APPKOVED AS AMENDED County Administrator John R. Riley, Jr. offered the following amendments to the agenda: - a request from the applicant to postpone Conditional Use Permit #11-08 for Diana and Andrew Hirshfeld; and - Addition of the appointment of the At-Large Member to the Extension Leadership Council. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved the agenda as amended. 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 CONSENT AGENDA There were no items for the consent agenda. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. Minute Book Number 34 Board of Supervisors Regular Meeting of 10!22/08 101 MINUTES -APPROVED Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board approved the minutes from the October 8, 2008 work session 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 Upon a motion by Supervisor llove, seconded by Supervisor Lofton, the Board approved the minutes from the October 8, 2008 regular meeting 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 BECKY MILLER TO THE EXTENSION LEADERSHIP COUNCIL AS MEMBER-AT-LARGE -APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board appointed Becky Miller to the Extension Leadership Council as Member-At-Large, said term to expire February 13, 2010. 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 APPOINTMENT OF TRACY DRUMHELLER AS FREDERICK COUNTY REPRESENTATIVE TO THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board appointed Tracy Drumheller to serve as Frederick County representative to the Handley Regional Library Board. This is a four year appointment, said term to expire November 30, 2012. The above motion was approved by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 10/22/08 102 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 CORRESPONDENCE FROM FREDERICK COUNTY SCHOOLS RE: BOND ISSUANCE INTEREST RATE ADJUSTMENT -TOOK NO ACTION ON THE PROPOSED RESOLUTION (RESOLUTION #025-081. DIRECTED STAFF TO PROVIDE GUIDANCE TO VPSA STAFF REGARDING A 5.25% INTEREST RATE Administrator Riley advised this was a resolution requesting an increase in the VPSA Bond maximum allowable interest rate; however, it was staff's recommendation not to move forward with approving this resolution, but to provide guidance to the VPSA staff about a level we can participate in, that being 5.25%. He noted if the rate exceeds the current rate of 6% we will not be in the fall bond sale, but there will be winter sale prior to January 2009 in which we could participate. School Finance Director Lisa Frye stated the School Board was in concurrence with staff's recommendation and she believed there was enough cash flow to get them through the end of the year. Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved following the County Administrator's recommendation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM PARKS AND RECREATION DEPARTMENT FOR CAKRY FORWARD OF FUNDS RE: NATIONAL GUARD ASSEMBLY ROOM - APPROVED Administrator Riley advised this was a carry forward request from the Parks and Recreation Department in the amount of $35,000 for the necessary electrical and mechanical air conditioning infrastructure for the National Guard Assembly Room from the Fiscal Year 2008 operating budget. The original appropriation was approved at the March 26, 2008 Board of Supervisors' meeting. The electrical and mechanical infrastructure will allow an air conditioning Minute Book Number 34 Board of Supervisors Regular Meeting of 10/22/08 i03 unit to be installed in the future when gymnasium demand necessitates improving the Assembly Room for community recreational use. No additional local funds are needed. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board approved the carry forward 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 Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING -CONDITIONAL USE PERMIT #11-08 FOR DIANA AND ANDREW HIRSHFELD FOR A CAMPGROUND THESE PROPERTIES ARE LOCATED OFF OF ROUTE 602 ON PADDY'S RUN ROAD AND ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 80-1-9 AND 80- 1-10 IN THE BACK CREEK MAGISTERIAL DISTRICT (POSTPONED) - POSTPONED AT THE APPLICANT'S REQUEST This item was postponed at the applicant's request. PUBLIC HEARING -REZONING #06-08 OF ROUTE 50 ASSISTED LIVING FACILITY, SUBMITTED BY BOWMAN CONSULTING, TO REZONE 10.47 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (BUSINESS GENERAL) DISTRICT, WITH PROFFERS. THE PROPERTIES ARE LOCATED AT THE INTERSECTION OF WARD AVENUE AND ROUTE 50 TO THE EAST AND ROUND HILL ROAD AND ROUTE 50 TO THE WEST, AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 53-A-81, 53-A-82, 53B-3-24 AND 53B-3-25 IN THE BACK CREEK MAGISTERIAL DISTRICT. -APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 10.47 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. "The property is located in the Sewer and Water Service Area, the Urban Development Area, and is part of the Round Hill Land Use Plan. "I'he proposed use is a 75,000 square foot Assisted Living Facility Use. The Planning Commission recommended denial of this rezoning request at its October 1, 2008 meeting. Deputy Director Ruddy stated the Planning Commission did not believe the applicant went far enough to mitigate traffic. He noted a new proffer statement dated October 20, 2008 was before the Board this evening and was the proffer statement under consideration with this rezoning. The October 20`h proffer increased the monetary contribution to fire and rescue from an initial payment of $25,000 Minute Book Number 34 Board of Supervisors Regular Meeting of 10/22/08 104 and annual payments of $5,000 until fee for service is implemented to an initial payment of $100,000 and annual payments of $5,000 until fee for service is implemented. Ty Lawson, representing the applicant, appeared before the Board regarding this application. He reiterated staff s review of the October 20, 2008 proffer statement. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved rezoning #06-08 -Route 50 Assisted Living Facility. 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 PUBL_I__C HEARING - REZONING #08-08 OF BOTANICAL SOUARE SUBMITTED BY PAINTER-LEWIS, PLC, TO REZONE 4.15 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2(GENF.RAL BUSINESS) DISTRICT, WITH PROFFERS, FOR COMMERCIAL USE. THE PROPERTIES ARE LOCATED ON ROUTE 50 WEST, AT THE NORTHWEST CORNER OF THE ROUTE 50 AND BOTANICAL DRIVE INTERSECTION, APPROXIMATELY '/4 MILE WEST OF ROUTE 37, AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 53-A-74, 53-A-75, 53-A-76, AND 53-A-77 IN THE GAINESBORO MAGISTERIAL DISTRICT. -APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. The property is located on the north side of Route 50 in the Gainesboro Magisterial District. The applicant is proposing a 36,000 square foot commercial use. The Planning Commission recommended approval. Deputy Director Ruddy noted the only access to the site would be from Botanical Drive and there would be no new entrance on to Route 50. The applicant proffered to provide either signalization or a $150,000 contribution for transportation improvements in the general area. John Lewis, Painter-Lewis, appeared before the Board on behalf of the applicant to answer any questions the Board might have. Chairman Shickle convened the public hearing. Minute Book Number 34 Board of Supervisors Regular Meeting of 10/22/08 105 There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board approved rezoning #08-08 -Botanical Square. 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 - SENSENY ROAD ENHANCEMENT GRANT APPLICATION. (RESOLUTION #026-08) STAFF IS SEEKING A RECOMMENDATION FROM THE BOARD OF SUPERVISORS TO APPLY FOR VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) ENHANCEMENT GRANT FUNDS FOR BICYCLE AND PEDESTRIAN PATHS ALONG SENSENY ROAD IN THE VICINITY OF SENSENY ROAD ELEMENTARY SCHOOL. -APPROVED Deputy Director of Planning -Transportation John Bishop appeared before the Board regarding this item. He advised this was the third Enhancement Grant application for the bike and pedestrian trail along the Senseny Road corridor. The Transportation Committee recommended approval of this application. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. RESOLUTION VDOT ENHANCEMENT GRANT WHEREAS, the Virginia Department of Transportation awards Enhancement Grants, which are Federal funds that are awarded by the Commonwealth Transportation Board on an annual basis for improvements to bicycle and pedestrian transportation. This is a grant with a local match component of 20% of the awarded amount. The application process, however, does not obligate Frederick County funds. The Board of Supervisors would determine whether to commit funds at such time the Enhancement Grant may be awarded; and WHEREAS, the Transportation Committee considered this proposal at their September 29, 2008 meeting and unanimously endorsed the grant application effort; and WHEREAS, the Planning Commission considered this proposal at their October 15, 2008 meeting and unanimously endorsed the grant application effort; and WHEREAS, the Board of Supervisors of Frederick County, Virginia, desires that the Planning and Development Department submit an application for enhancements to bicycle and pedestrian transportation in the vicinity of Senseny Road Elementary School. Minute Book Number 34 Board or Supervisors Regular Meeting of 10/22/08 cos NOW, THEREFORE, BF, IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby supports the application for enhancements to bicycle and pedestrian transportation in the vicinity of Senseny Road Elementary School. Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board approved the Enhancement Grant application. 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 DISCUSSION -OUTDOOR LIGHTING AMENDMENTS TO THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING - (RESOLUTION #027-08) -SENT BACK TO THE PLANNING COMMISSION Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed amendment to the Zoning Ordinance to add outdoor lighting standards. The elements would apply to both residential and non-residential uses. The Planning Commission discussed this item and was supportive of the amendment. She concluded by saying staff was seeking Board comments and direction. Supervisor Dove asked if any lighting engineers worked with the committee. Senior Planner Perkins responded no, the committee looked at ordinances from other localities. Supervisor Lofton stated he had spoken with law enforcement and citizens and there remained a few questions, comments, and discussions that did not take place at the Planning Commission. He would like to see this item sent back to the Planning Commission for more discussion. Vice-Chairman Fisher stated he would like to see some professional recommendations on lighting levels and he would like to see those recommendations substantiated by the development community. Supervisor DeHaven stated he was concerned about item #2 on page 3 particularly canopies and completely flush lighting. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning - to add outdoor lighting standards. Minute Book Number 34 Board of Supervisors Regular Meeting of 10/22/08 ~o~ WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on August 28, 2008; and WHEREAS, the Planning Commission discussed the draft ordinance on October 15, 2008, and recommended that a public hearing be held; 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, - to add outdoor lighting standards. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning, to add outdoor lighting standards. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board sent the outdoor lighting ordinance back to the Planning Commission for more discussion dealing with sources of lighting, lighting levels, lighting along highways, and for professional review of the ordinance. 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 BOARD LIAISON REPORTS Vice-Chairman Fisher referred the Board to a memo from Uwe Weindel, Engineer- Director of the Frederick County Sanitation Authority, regarding residential growth and its affect on water capacity. There was some discussion surrounding the approved, planned, and potential residential lots located within the UDA. Planning Director Eric Lawrence advised those numbers were based on a 20 year projection. 1'he Board felt there would be value in a work session with the Sanitation Authority in order to facilitate dialogue concerning long range planning. Chairman Shickle noted Warren County and the Town of Front Royal were rationing water and he asked if the Sanitation Authority had though about rationing water in light of what these localities were doing. Vice-Chairman Fisher stated there had currently been no discussions regarding water Minute Book Number 34 Board of Supervisors Regular Meeting of 10/22/08 108 rat~omng. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Lemieux cited a letter to the Editor regarding the Sovereign Village HOA and several issues surrounding that development. He stated he would like staff to provide an update to the Board regarding what is required to be done within that development. Administrator Riley advised staff would have that presentation at its next meeting. 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. (8:09 P.M.) ~¢ 53_e___~- Richard C. Shickle Chairman, Board of Supervisors ~~.._ r- l Jo n R. Riley, Jr. i lerk, Board of Supervisors ~ ~ . .~ 'I Minutes Prepared By: ~~ Jay E Ti s Deputy C erk, Board of Supervisors Minute Book Number 34 Roard of Supervisors Regular Meeting of 10/22/08