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HomeMy WebLinkAboutNovember 12 2008 Regular Meeting109 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, November l2, 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 Vice-Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA -APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had the following two additions to the agenda: - Resolution Supporting Frederick-Winchester Service Authority Nutrient Allocation Petition at the State Water Control Board; and - Appropriation of Red Bud Run Proffer Funds for Battlefield Preservation re: SVBF Request for Assistance in Purchasing Huntsberry Tract. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, 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 -APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Request for Installation of "Watch for Children" Signs on Long Meadows Lane (Route 841) -Tab D; and - Public Safety Committee Report -Tab F. Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/08 10 Upon a motion by Supervisor Ewing, 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 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS Barbara Lewis, Red Bud District and President of the Sovereign Village Homeowners' Association, appeared before the Board regarding the discussion of the Sovereign Village Master Development Plan. She thanked the Board for taking time to revisit the Sovereign Village recreation issue. She proposed three avenues for bringing this item to closure: 1. Another look at the proffers. 2. Manning & Ross's description of the facility. 3. Frederick County Zoning Ordinance. She advised that the county's Parks & Recreation Department said a 40 foot x 17 foot pool did not meet the needs of this community. She urged the Board to send this plan "back to the drawing board". She asked the Board not to let the recreation center become a learning experience. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board approved the minutes from the October 22, 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 Aye COUNTY OFFICIALS RESOLUTION #029-08 IN MEMORIAM OF ESTEN O. RUDOLPH JR. - APPROVED Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/O8 111 Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the Resolution in Memoriam of Esten O. Rudolph, Jr. WHEREAS, Esten O. Rudolph, Jr. served the citizens of Frederick County, Virginia, for over twenty five (25) years, from January 1, 1968 -July 3l, 1993, as Commissioner of the Revenue; and WHEREAS, during his tenure he also served as a member of the county's Finance Committee and the Joint Facilities Committee; and WHEREAS, Commissioner Rudolph played a vital role in the implementation of the Land Use Taxation and Tax Relief for the Elderly programs in Frederick County; and WHEREAS, Commissioner Rudolph will be long remembered as a selfless public servant who represented the best interests of Frederick County. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends it deepest sympathy to the family of Esten O. Rudolph, Jr. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this citizen legislator and that a true copy of this resolution be presented to his wife and family. ADOPTED this 12a' day of November, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye Chairman Shickle stated the resolution was well deserved. CHRISTOPHER M. PRICE, EXECUTIVE DIRECTOR NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION TO UPDATE BOARD RE: COMMISSION ACTIVITIES. Christopher Price, Executive Director of the Northern Shenandoah Valley Regional Commission, appeared before the Board to provide an update on the Commission's activities. He explained the Commission had streamlined the way it conducts business; took on affordable housing programs; and redeployed staff resources in the following areas: Community Development; Natural Resources; Transportation; Economic Development; and Technical Assistance. REQUEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS ON LONG MEADOWS LANE (ROUTE 841) - (RESOLUTION #028-08) - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby"; and Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12!08 12 WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Long Meadows Lane (Route 841), from Route 11 to end of state maintenance, is located in a residential area and is within the secondary road system and is a viable candidate for "Watch for Children" signs. BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Long Meadows Lane (Route 841), from Route 11 to end of state maintenance, a distance of 0.17 miles. The signs should be placed in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 12ei day of November, 2008. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund $3,315.80 to Roger L. DeHaven Well Drilling. This is for correction of business equipment statutory filings due to noncompliance taxed for 2005, 2006, 2007, and 2008 and is cumulative balances due on the Treasurer's system now that proper records have been received. The County Attorney has reviewed same and the refund is appropriate. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved the refund in the amount of $3,315.80 to Roger L. DeHaven Well Drilling. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gazy W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye RESOLUTION (#030-08) SUPPORTING FREDERICK-WINCHESTER SERVICE AUTHORITY NUTRIENT ALLOCATION PETITION AT THE STATE WATER CONTROL BOARD -APPROVED Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board approved the resolution supporting the Frederick-Winchester Service Authority's nutrient Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/08 113 allocation petition at the State Water Control Board. WHEREAS, wastewater generated in Frederick County is reclaimed by the Opequon Water Reclamation Facility owned by the Frederick-Winchester Service Authority; and WHEREAS, Frederick County is a partner in the Frederick-Winchester Service Authority and has made significant capital improvements in the Opequon Water Reclamation Facility; and WHEREAS, Frederick County, through their appointments to the Frederick-Winchester Service Authority Board, has promoted the removal of nutrients from its receiving streams through past upgrades and expansions of the Opequon Water Reclamation Facility including nutrient removal technology as part of one of Virginia's first voluntary Water Quality Improvement Fund projects nearly a decade ago; and WHEREAS, the Frederick-Winchester Service Authority, acting on behalf of the County, as part of the earlier upgrade constructed major biological nutrient removal treatment units with a design capacity of 12.6 million gallons per day (MGD) under with the support of the Department of Environmental Quality; and WHEREAS, the Frederick-Winchester Service Authority, at considerable public expense, is actively constructing the remaining units for a design capacity of 12.6 MGD by December 31, 2010, which will match the design capacity of the existing biological nutrient removal treatment units; and WHEREAS, the Frederick-Winchester Service Authority's petition for nutrient wasteload allocations based on 12.6 MGD is consistent with the criteria the State Water Control Board has applied in making such allocations in the past, including recognition of capital facilities previously constructed and anticipated design capacity as of December 31, 2010. WHEREAS, the Frederick-Winchester Service Authority's petition for nutrient ___ allocations based on 12.6 MGD is consistent with the criteria that the State Water Control Board applied in establishing allocations for over 120 discharging facilities in September and November 2005. WHEREAS, the Virginia Department of Environmental Quality's Technical Advisory Committee has reviewed the Frederick-Winchester Service Authority request for an additional wasteload allocation for the Opequon facility in a favorable light, deeming it to be fairly "straight-forward" and recommending this for State Water Control Board consideration; and WHEREAS, the amendment of the facility's nutrient allocations based on the 12.6 MGD design capacity is important to realize the public investment made in this facility, for fairness and consistency in regulations governing point sources, and for the region's future economic development and prosperity. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia does hereby support and endorse the Frederick-Winchester Service Authority petition to the State Water Control Board for an additional wasteload allocation for nutrient removal at the Opequon Water Reclamation Facility. The above resolution 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 SHENANDOAH VALLEY BATTLEFIELD FOUNDATION REQUEST FOR ASSISTANCE IN PURCHASING HUNTSBERRY TRACT -APPROVED Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/OS 14 Administrator Riley advised the Shenandoah Valley Battlefield Foundation recently reached an agreement with the Huntsberry Estate to purchase 209 acres located along the south side of Red Bud Road in the Stonewall Magisterial District. This acreage makes up a significant portion of the Third Winchester Battlefield, bordering land to the south and west, already owned by the Civil War Preservation Trust. This property has been identified as a top priority for preservation in the Third Winchester Battlefield Plan. The Foundation is seeking assistance from the County to close a funding gap and request the Board consider appropriating $112,000.00 from the County's Historic and Open Space Preservation proffer fund. Administrator Riley noted these funds have accumulated as a result of the $1,000.00 per lot proffer associated with the Red Bud Run development. Supervisor DeHaven stated he would abstain from this item because he sits on the Foundation's board. Upon a motion by Supervisor Lemieux, seconded by Supervisor Lofton, the Board appropriated $112,000.00 from the Open Space proffer fund with the funds to be held by the County until they are needed by the Foundation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Abstain Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE REPORTS PUBLIC SAFETY COMMITTEE REPORT -APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Wednesday, October 29, 2008 at 8:30 a.m. Committee members present were: Committee Chairman Gary Dove, County Administrator John Riley, Fire & Rescue Association President Mike Cline, Sheriff Robert Williamson, Gene Fisher, Michael Hockman, Fire & Rescue Acting Chief Tim Welsh, County Attorney Rod Williams. Also in attendance were Public Safety Communications Director LeeAnna Pyles, Public Works Director Ed Strawsnyder, Fire & Rescue Deputy Chief Denny Linaburg, and Fire & Rescue Volunteer Coordinator Christine Franchok. The following items were discussed: ***Items for Board Information Only*** 1. County Take Home Vehicles - (Attachment A) The Committee heard presentations from the Acting Fire & Rescue Chief and Public Works Director regarding justifications and usage of county take home vehicles. This item was Minute Book Number 34 Board or Supervisors Regular Meeting of 11/12/08 115 one aspect of the county's energy audit, which was conducted this summer. Fire & Rescue Acting Chief Tim Welsh summarized his Departments County take home vehicle justification and usage. Chief Welsh did a true calculation of vehicle usage and mileage, which he felt was more accurate for the Department as the audit numbers were merely a projection. Mr. Cline noted that persons with county take home vehicles are able to respond to emergencies quickly, as some scenes require more than one type of responder to be present. Sheriff Williamson recommended that Mr. Riley work with department heads to watch and monitor the issue of take home vehicles and continue to see that appropriate action is taken rather than establish a policy. Mr. Riley advised he was concerned with two issues: one being cost effectiveness and efficiency and the other being to protect the public's safety. This presentation was to give the policy makers the knowledge of who, where, and why county take home vehicles were necessary. Public Works Director Ed Strawsnyder presented his Department's justification of County take home vehicles and stated that his department has been cutting other items in their budget (e.g. overtime pay). This issue will go to the Public Works Committee meeting for additional discussion. 2. Update re: Citizens Alert Public Safety Communications Director LeeAnna Pyles updated the Committee on the status of the grant for the citizen alert system. The grant was approved and the County was awarded $50,000 for the purchase of the system. The deadline to purchase a system is September 30, 2010. Staff hoped to have a system purchased and implemented before the first of ~_ the year. Other Business: Mr. Riley advised the process of interviewing for the Fire Chief position continues. A short list has not yet been developed, but once that is established, another round of interviews with the finalists will be conducted. Mr. Riley hoped to have a new Fire Chief named at the end of November. Acting Chief Tim Welsh was given accolades for doing an outstanding job as Interim Chief. Next Meeting: A date for the next Public Safety Committee meeting was not set. Adjourn: The meeting was adjourned at 9:05 a.m. STEPHENS CITY JOINT PLANNING COMMITTEE UPDATE - SENT FORWARD FOR PUBLIC HEARING Deputy Planning Director Michael Ruddy appeared before the Board regarding the Stephens City Joint Land Use Committee. He explained the committee evaluated the current joint land use plan with the Town of Stephens City and looked at areas of modification. The committee came up with a plan update and modified the areas of transportation and land use. A Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/08 116 significant portion of the plan was the residential land use designation. He went on to say another component was to adequately address impacts and this area was strongly reinforced. Deputy Director Ruddy stated a consensus was achieved and the plan was advanced in October. Staff is looking for direction from the Board. He concluded by saying the Town Council had authorized the plan to move forward. Chairman Shickle stated his concerns were with rezoning applications and proffer statements. Supervisor Ewing stated he too had concerns with future rezonings being applied to the land use plan. Supervisor Lofton thanked staff for assisting the committee in this project. He had concerns at the first meeting, but he thought the committee was able to come up with a good plan; however, he still had concerns about future rezonings. Upon a motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board sent this item forward for public hearing. Supervisor Dove expressed concerns about the Town getting proffers with each rezoning and this proposal did not guarantee the Town would seek those proffers. Deputy Director Ruddy responded the Annexation Agreement states what the Town should do. 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 Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #09-08 FOR SHENANDOAH MOBILE COMPANY, FOR A COMMERCIAL - TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 1203 REDBUD ROAD (ROUTE 661) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 55-A-129A IN THE STONEWALL MAGISTERIAL DISTRICT - 60 DAY CONTINUANCE GRANTED Zoning Administrator Mark Cheran appeared before the Board regarding this item. Ile Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/08 117 stated the property is located at 1203 Redbud Road (Route 661) in the Stonewall Magisterial District and is zoned RA (Rural Areas) District. This is an application fora 195-foot Commercial Telecommunications Facility. The site is located outside of the Urban Development Area, but is within the boundaries of the Northeast Land Use Plan. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit (CUP), the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Vice-Chairman Fisher asked if the Airport and FAA lighting issue was addressed in these conditions or was there a need to add a condition #7? Zoning Administrator Cheran responded the Board could add a seventh condition if they desired. County Attorney Roderick Williams stated the Board could add the word "requests" to condition number 1, which would cover that issue. Lynn Rice appeared before the Board on behalf of the applicant. He stated the applicant's team needed to communicate with the Virginia Department of Historic Resources. He explained the agency had originally approved the site and the project did not adversely affect this area; however, the county's Historic Resources Advisory Board identified issues and forwarded that information to the Virginia Department of Historic Resources. The Department has asked for additional information; therefore, Mr. Rice requested a 60 day postponement to communicate with the Department regarding these issues. Chairman Shickle convened the public hearing. Bill Meier, Stonewall District, advised that he was building a house 200 feet from the proposed tower. He reiterated the comments of the Historic Resources Advisory Board and the Planning Commission. He went on to say this area was designated a Virginia by-way and a Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/08 18 forestal district. He concluded by saying this tower did not belong in a densely wooded area 200 feet from his house and he urged the Board to deny this request. Upon a motion by Supervisor DeHaven, seconded by Vice-Chairman Fisher, the Board continued the public hearing and granted the applicant a 60 day continuance in this matter. 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 - REZONING #09-08 FOR FREDERICK BLOCK, SUBMITTED BY PAINTER-LEWIS, PLC, TO REZONE 1.8 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO B3 (INDUSTRIAL TRANSITION BUSINESS) DISTRICT, WITH PROFFERS, TO ACCOMMODATE STORAGE OF MATERIALS AND TO REVISE THE PROFFERS FOR PROPERTY IDENTIFICATION NUMBER 54A-1-15B. THE PROPERTIES ARE LOCATED AT 1086 AND 1098 MARTINSBURG PIKE (ROUTE 11 NORTH) AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 54A-1-15B, 54A-1-18, AND 54A-1-19 IN THE STONEWALL MAGISTERIAL DISTRICT -APPROVED Supervisor DeHaven advised that he would be abstaining from this matter. Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request to rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District with proffers to accommodate materials storage associated with Frederick Block and revise the proffers associated with parcel 54A-1-15B to remove a proffered buffer. She noted the existing driveway would not be used. The proposed use of this site would be materials storage. The applicant has proffered a generalized development plan. She went on to say the applicant should consider removing the existing entrance on Martinsburg Pike. She concluded by saying the Planning Commission recommended approval. John Lewis, Painter-Lewis, stated he was pleased the Planning Commission recommended approval. He went on to say there was a lot of discussion regarding the commercial entrance onto Route 11, but there are no plans to construct one on Route 11. Chairman Shickle asked about the current state of the entrance used for residential purposes. Mr. Lewis responded the residential uses remain on site and one driveway serves those Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/08 119 houses; however, that driveway cannot be used as a commercial entrance. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board approved rezoning #09-08 with proffers, as submitted. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Abstain Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING -ORDINANCE AMENDMENT -CHAPTER 165. ZONING ARTICLE IV, SUPPLEMENTARY USE REGULATIONS &165-24 HEIGHT LIMITATIONS/EXCEPTIONS. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO ENABLE THE BUILDING HEIGHT RESTRICTION IN THE B3 (INDUSTRIAL TRANSITION) DISTRICT TO BE INCREASED FROM 35 FEET TO 45 FEET. -APPROVED Senior Planner Candice Perkins stated this was a proposed Zoning Ordinance Text Amendment to enable the building height restriction in the B3 (Industrial Transition) Zoning District to be increased from 35 feet to 45 feet. The Planning Commission recommended approval of this proposed amendment. 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 DeHaven, the Board approved the ordinance amending The Frederick County Code Chapter 165, Zoning, Article IV - Supplementary Use Regulations, Subsection 24 -Height Limitations; Exceptions. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 24, Height limitations; exceptions was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meeting; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on June 26, 2008; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on November 5, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/08 120 on November 12, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 24, Height limitation; exceptions is amended. This amendment is amended as described on the attachment. §165-24. Height limitations; exceptions. [Amended 4-10-1991] B. Exceptions to height requirements: (9) In the B3 (Industrial Transition) Zoning District uses may exceed the height limitation so long as all front, side, and rear yard setbacks conform to the setback requirements for the MI (Light Industrial) Zoning District. In no case shall any structure in the B3 Zoning District exceed 45 feet in height. This ordinance shall be in effect on the day of adoption. 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 DISCUSS RE: SOVEREIGN VILLAGE SUBDIVISION - NO ACTION TAKEN Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He advised the Board had directed staff to prepare a summary of this project with emphasis on recent activity within the Sovereign Village Development. He went on to say that staff s research indicates the project is in conformance with the ordinances of the County. He then reviewed the history of this project. He noted the project was rezoned in December 1999. The project was unique in that it was the fist major rezoning application where three adjacent property owners/developers (Sovereign Village, Lynnehaven, and Twin Lakes) were combined into a single rezoning application. As part of this project, Channing Drive was constructed. In addition, the application proffered a prohibition on certain housing types and to construct a 3,000 square foot recreation center. To the County the recreation center proffer was seen as something it would not otherwise have. Director Lawrence went on to say the master development plan for the overall development (Channing Drive) was approved in 2001 with 848 single-family dwellings. Minute Book Number 34 Board otSupervisors Regular Meeting of 11/12/08 121 362 of these were to be constructed within the Sovereign Village development. He explained in 2004 the Board allowed each developer to come in individually to modify their respective master development plans. In July 2007, the Sovereign Village master development plan was revised to allow 216 single family urban lots, 42 single family zero lot units, and 64 multi-plexes. In exchange for these modifications, the developer committed to constructing Channing Drive by July 10, 2008 and constructing the recreation center by July 10, 2009. Director Lawrence stated the project has proceeded in conformance with the plans and ordinances. The Sovereign Village homeowners association was created. The roads have been dedicated into the state secondary road system for maintenance and Channing Drive has been constructed less the final topcoat and the punch list items. Director Lawrence then touched upon the issue of the recreation center. He advised the Sovereign Village Homeowners' Association expressed concern that the proposed pool was too small. The County Parks and Recreation Department and Planning staff facilitated a proposal for the developer to construct a 30 foot by 50 foot pool in lieu of the 3,000 square foot recreation center. It was noted that a new school would be opening in close proximity next year with indoor community facilities available. Director Lawrence stated the recreation center site has been graded and the developer is proceeding towards the July 10, 2009 completion date. He concluded by saying the project appears to continue to be in conformance with applicable codes and ordinances and the rezoning, master development plan, and site plan. Supervisor Lemieux asked if there was any mechanism in place to allow the County to perform periodic reviews of projects in order to allow them to "get a handle on" items like this or pick up items that are not being addressed. Director Lawrence responded the County had no more authority to demand anything other than what was proffered. Supervisor Lemieux stated he wished there was a way to make this work, but he did not see how the County could make the developer do this. Chairman Shickle stated at the time he was concerned there would be no one to operate the recreation center once it was built. He asked if there was a need to look at our ordinances regarding how recreation amenities are addressed. Director Lawrence responded staff could do that. Supervisor Lemieux asked if there was any way to use Parks and Recreation funds to Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/OS '122 make the pool larger. Director Lawrence responded the proffers were for county recreation systems and ultimately the decision regarding the use of those funds is the Board's. Supervisor Lemieux asked if it would be possible for representatives from the homeowners' association, developer, and Parks and Recreation staff to meet and discuss the right pool, etc. Administrator Riley thought Supervisor Lemieux's suggestion was good, but everyone needed understand the developer needs to meet the construction deadline for the recreation center. He went on to say it might take longer to complete the facility if the parties enter into a long discussion. Chairman Shickle asked who would "ante up" if this facility runs a deficit. Supervisor DeHaven stated we need to figure out who will own and run this facility. Chairman Shickle asked staff to come back to the Boazd in January with an update on the recreation facility. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Kirk Matthews, Red Bud District, addressed the Board on two topics. First, with regard to Sovereign Village, the multiplex units stipulated the time line for the roads and the pool. He advised there would be a stretch of road in that area which would be private and owned by the homeowners' association. He noted there was no commitment to run or manage the proposed pool. With regard to using proffer monies to help construct a larger pool, he liked the idea, but the total proffer dollars for schools, parks, fire and rescue, etc. totaled less than $4,000 per lot. He urged the Board to review the whole case. Second, he stated he was pleased the Board kept the public hearing on the cell tower open. Barbara Lewis, Red Bud District and President of the Sovereign Village Homeowners' Association, thanked Supervisor Lemieux for his ideas. She went on to say she would be happy to sit down with the county and the developer to work out a solution. Christopher Collins, Red Bud District and President of the Lynnehaven Homeowners' Association, stated he was glad the Board was reevaluating the past and that Lynnehaven would like to be part of the conversation regarding the proposed pool and recreation center. Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/08 123 BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:56 P.M.) r ~~ ~/ Richard C. Shickle Jo iley, Jr. Chairman, Board of Supervisors C e ,Board of Supervisors _ y / r Minutes Prepared By: ~ ~~ .C.~ ! ' f':~--~:~ Jay ~ Ti s Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 11/12/08