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HomeMy WebLinkAboutOctober 14 2009 Regular Meeting177 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 14, 2009, at 5:30 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. ABSENT Vice - Chairman Bill M. Ewing. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2 -3711 A (3) to discuss acquisition and disposition of real estate. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving acquisition and disposition of real estate pursuant to Virginia Code Section 22-3711 A (3). Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 178 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye RECESS Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board recessed the meeting until 7:15 p.m. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REGULAR MEETING - CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Reverend Daniel Hess, Harvesters of Hope, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had one change to the agenda. The applicant requested the Board postpone the public hearing on Rezoning #04 -09 of the Wampler property until the December 9, 2009 regular meeting. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 179 Brenda Altman, Shawnee District, appeared before the Board regarding the Powell property conditional use permit application. She advised that her initial concerns had been addressed; however, she had concerns relative to the fence that encircled the property. In particular, she cited the barbed wire at the top of the fence. She noted that rust from the barbed wire discolored her painted fence. She stated she would like to have Mr. Powell remove or replace the existing fence. She concluded by saying she would be okay with just removing the barbed wire. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the minutes from the September 23, 2009 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Abstain Gary A. Lofton Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD FOR OCTOBER, 2009 — (RESOLUTION #029 -09) - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved a resolution recognizing Pamela S. Baber as Frederick County Employee of the Month for October 2009. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH Pamela S. Baber WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 s • WHEREAS, Pamela S. Baber who serves as Communications Shift Supervisor with the Department of Public Safety Communication was nominated for Employee of the Month; and, WHEREAS, In August, 2009, Pam Baber received a 911 call reporting a 34 year old male not breathing. While dispatching the call, Pam gave pre - arrival instructions for rescue breathing. It was determined that the patient had been in respiratory arrest and due to Pam's experience; a young person is alive today. She is not only a good dispatcher but a dependable Supervisor that is willing to adjust her schedule to insure the dispatch center is always covered. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 14 day of October, 2009, that Pamela S. Baber is hereby recognized as the Frederick County Employee of the Month for October 2009; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Pamela S. Baber for her outstanding performance and dedicated service and wishes her continued success in future endeavors. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS NOMINATION OF LINDA WHITMER AS FREDERICK COUNTY REPRESENTATIVE TO THE WORKFORCE INVESTMENT BOARD (WIB) - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board nominated Linda Whitmer to serve as Frederick County representative to the Workforce Investment Board. This is a two year appointment. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised the Commissioner of the Revenue requested a refund for American Telephone & Telegraph in the amount of $36,495.76, which represents a real property adjustment for 2009. The county attorney has reviewed this request and the refund appears to be justified. Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 181 Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the refund. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Administrator Riley advised the Commissioner of the Revenue requested a refund for Bank of New York (DE) Trustee DCFS Trust in the amount of $5,019.81, which represents a pro- ration of vehicle personal property taxes for 2007, 2008, and 2009. The county attorney has reviewed the request and the refund appears justified. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye AUTHORIZATION TO PURSUE BONDS ALLOCATED PER THE AMERICAN RECOVERY AND REINVESTMENT ACT - APPROVED Administrator Riley advised that Frederick County is the recipient of funding from the federal government, which would permit it to issue Recovery Zone Bonds as part of the American Recovery and Reinvestment Act. Under this program Frederick County has been allotted $4,984,000 for Recovery Zone Economic Development Bonds and $7,476,000 for Recovery Zone Facility Bonds. The Recovery Zone Economic Development Bonds are taxable government bonds with a 45% interest subsidy to issuers or a 45% tax credit to investors. They must be used to promote economic development or activity in a Recovery Zone, which is an area designated by the issuer as having significant poverty, unemployment or home foreclosures, and empowerment zones, renewal communities, and areas affected by military base closure. The bonds must be issued by January 1, 2011. Recovery Zone Facility Bonds are tax - exempt private activity bonds that can be used to finance new depreciable property used in a trade or business in a recovery zone and must be issued by January 1, 2011. On September 30, 2009 Governor Kaine Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 182 signed an executive order establishing rules and a timeline for local governments to use their allocations for Recovery Zone Bonds. This executive order established two key deadlines. Local governments must file a Notice with the Governor no later than November 2 nd of their intent to use their allocations. Second, a "definite and binding financing commitment from the purchaser or underwriter of the bonds" must be secured and required documentation provided to the Governor no later than December 15 He noted staff has some possible projects which could benefit from these funding sources: Recovery Zone Economic Development Bonds - Transfer Frederick County's allocation to the Frederick County Sanitation Authority for the installation of a new filtration system. This third filter would allow better management of the Anderson Treatment Plant and is part of a plan to extract an additional 1 million gallons per day by incorporating the north pit. Also included in this project is the installation of a new pump system in the north pit as well as the associated piping to the plant. The project estimate is $1.5 million. The filter design is 80 percent complete as of this date; - Transfer Frederick County's allocation to the Frederick County Sanitation Authority for the replacement of the Red Bud sanitary sewer pump station which will be needed for any additional development in the northern section of the county. This project is estimated at $2 million with the pump station design completed; - Utilize bonds to fund a possible joint transportation facility; or - Construction of a county fire station. Recovery Zone Facility Bonds - Utilize private activity funds to further development of the Artillery project located south of Kemstown; or - If the Greystone project receives approval these private activity funds could be utilized to assist with the development of that project as well. He went on to say if the Board had other projects that could benefit from this funding allocation, staff could include them in the Notice of Intent of Use to the Governor. He concluded by saying staff is seeking direction from the Board regarding whether to utilize this funding allocation or return this allocation to the state. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board voted to commit to Frederick County's funding allocation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 133 Gary A. Lofton Aye COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, September 29, 2009 at 8:00 a.m. All members were present. The following items were discussed. ** *Items Requiring Action * ** 1. Joint Agreement for Inspections Services — (Resolution #036 -09) The committee reviewed and unanimously endorsed a proposed mutual assistance agreement submitted by Building Official, John Trenary. The Mutual Assistance Agreement will be between the City of Winchester and Frederick County and will establish requirements for Frederick County providing inspection services related to the proposed hospital expansion. A resolution will be prepared for the board's review. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved the Ordinance Approving Mutual Aid Agreement between Frederick County and the City of Winchester for Building Inspections Assistance at the Winchester Medical CenterNalley Health Expansion. WHEREAS, the City of Winchester desires to utilize Frederick County's building inspection's staff of certified inspectors to assist and /or augment the City's limited staff capabilities for conducting required building inspections on the Winchester Medical CenterNalley Health Expansion construction project in accordance with the Virginia Uniform Statewide Building Code in a timely manner; and WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, find this mutual aid agreement to be in the best interest of both Frederick County and the City of Winchester. NOW, THEREFORE, BE IT ORDAINED, that the Board of Supervisors of the County of Frederick, Virginia approves the Mutual Aid Agreement between Frederick County and the City of Winchester for Building Inspections Assistance at the Winchester Medical CenterNalley Health Expansion project, as attached. BE IT FURTHER ORDAINED, that the Chairman is hereby authorized to execute this mutual aid agreement on behalf of Frederick County. ADOPTED this 14 day of October, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. Proposal for Spay/Neuter Program — Animal Shelter The committee reviewed and unanimously endorsed a request from Animal Shelter Manager, Kathy Whetzel, to consider an offer from an anonymous benefactor to donate an RV Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 184 equipped with all the necessary equipment to perform spay /neuter surgeries. The attachment memorandum dated September 22, 2009, describes the need for these services. The memorandum also indicates that this vehicle will be shared with other organizations who will also share in the costs. Costs incurred by Frederick County will be offset by revenue generated from existing spay /neuter fees. Staff will await the decision of the board before replying to the benefactor. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board endorsed the request so staff can pursue this option. Chairman Shickle stated he hoped there was a way to make this happen. Supervisor Lofton thanked the anonymous benefactor and stated this was a worthwhile project. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Closed Session A closed session was convened in accordance with the Code of Virginia §2.2 -3711 Subsection A, (3), Acquisition and Disposition of Real Estate. After reconvening into regular session, the committee unanimously certified that only items covered under the above section were discussed in the closed session. No action was taken. 2. Discussion of HVAC Repair Options — Bowman Library As a result of previous reviews and comments by the public works committee, bids were solicited and received for repairs to the HVAC equipment at the Bowman Library. Because of the results of these bids, Assistant County Administrator Kris Tierney prepared a memorandum dated September 21, 2009, highlighting the results and requesting input from the committee about a possible new direction. After reviewing the bid results including new technical information, the committee recommended that the repairs be rebid with an emphasis on replacing the damaged compressor only with an add alternate to replace the entire chiller system. The committee further recommended that the bid results be returned to the committee prior to submittal to the finance committee. 3. Update on Proposed Stormwater Regulations Deputy Director of Public Works, Mr. Joe Wilder, presented the committee with an update of the proposed stormwater regulations which have been revised to reflect numerous (over 3,000) comments. He informed the committee that the Department of Conservation and Recreation board will vote on the revised regulations on October 5, 2009. He indicated that the revised regulations as presented in the draft will allow communities with approved stormwater ordinances to develop alternate criteria that meets the intent of the regulations. The proposed regulations will also encourage development in urban areas with a buy down provision which will allow developers to pay for additional phosphorous at a rate of $15,000 per pound over allowable. 4. Landfill Tour for City of Winchester Council Members Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 185 The director indicated that the landfill staff has attempted to schedule landfill tours on numerous occasions for members of Winchester's City Council. To date, our efforts have proven to be futile. We will suspend any further attempts unless initiated by Winchester representatives. 5. Daycare at Old Gainesboro School Gainesboro Magisterial District Supervisor, Mr. Gary Dove, indicated that he had been approached by a representative from the Redland United Methodist Church to explore the possibility of establishing a daycare facility in the old Gainesboro School. He will coordinate a meeting with staff and Redland representatives. In all probability, the existing ancillary building would be the logical choice for such an application. 6. Miscellaneous Report a) Tonnage Report (Attachment 4) b) Recycling Report (Attachment 5) c) Animal Shelter Dog Report (Attachment 6) d) Animal Shelter Cat Report (Attachment 7) TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on September 28, 2009 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) James Racey (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Dave Burleson (voting) ** *Items Requiring Action * ** 2. Valley Connector Support Request The Northern Shenandoah Valley Regional Commission and operators of the Valley Connector commuter bus service are seeking a County letter of support for additional operational funds from the Virginia Department of Rail and Public Transportation. The request requires no County funds. On a motion by Mr. Lemieux and seconded by Mr. Racey, the Committee recommended that the County give support. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the request for a letter of support for additional operational funds from the Virginia Department of Rail and Public Transportation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 i• Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 4. Enhancement Grant Application This item will not require action, but will be presented separately at. the October 14, 2009 Board meeting as a Public Hearing item as required by VDOT. At that time, Staff will be requesting Board approval to seek fiends for bicycle and pedestrian improvements to Senseny Road. The Transportation Committee has recommended approval. 5. Tevis Street Extension Staff presented the following to the Transportation Committee. See attached graphic for location of the proposed project shown in yellow. As you are aware, the County has an approved 2007 Revenue Sharing application from the Virginia Department of Transportation to build the portion of the Tevis Street Extension not funded by the Russell 150 development. The attached graphic highlights in yellow this roadway segment which runs from the boundary of the Russell 150 development, northeast to Route 522. The County has recently been approached by a local business owner that has indicated a willingness to provide $1,000,000.00 in matching funds for this project. Currently, this project has a working cost estimate of $2.5 million dollars. The County is working with VDOT to refine the cost estimate due to the fact that it includes right -of -way costs for property that is now expected to be dedicated. This process is expected to reduce the cost estimate to at least $2 million, which would then be covered equally by state funds and the local funds noted in the previous paragraph. Staff is seeking a recommendation from the Board of Supervisors on whether to accept the funds and move forward with the project. The Committee asked staff what was the potential downside to moving forward on this project and staff noted that there does not seem to be one at this time. On a motion by Mr. Racey and seconded by Mr. Lemieux, the Committee voted to recommend moving forward with the agreement. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved moving forward with the agreement concerning the Tevis Street extension. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. VDOT Bridge Work Update Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 187 VDOT Staff updated the Committee on a number of bridge maintenance projects that are, and will be, taking place in the County. Graphics are attached for your information. 3. Double Church Road Truck Restriction Staff updated the Committee on meetings held with VDOT and Warren County's County Administrator. The meetings indicated that those individuals did not see an issue with Frederick County moving forward with a truck restriction for Double Church Road. They further noted that while it may not be necessary, if support was needed from Warren County, it would likely be available. Committee members requested that staff verify that the Warren County Administrator had had discussions with Warren County Board members before making that determination. In addition, Committee members requested that staff investigate how truck restrictions are handled by consumer products such as GPS and websites such as mapquest.com. A Planning Commission liaison noted that we should wait and see how the warning signs work before moving to a full blown truck restriction. 6. Article Review Staff forwarded a number of transportation related news articles to the Committee for their consideration and they are attached for Board information 7. Other Staff updated the Committee on the status of a number of other items, including the following: a. Interstate, Primary, and Secondary Road Plans Currently on hold in response to VDOT guidance b. Work with the Northern Shenandoah Valley Regional Commission and the Shenandoah Area Agency on Aging Staff will be meeting with them to create a multijurisdictional application for additional planning funds that would be expected to lead to applications for operational funding to be used in Frederick County c. Update on Metropolitan Planning Organization Activities Staff noted that a number of plans are progressing forward (Route 7 Access Management, Route 522 Corridor Study, Route 37 Access Study) and that staff has been involved in those efforts. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #04 -09 OF THE WAMPLER PROPERTY, SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, TO REZONE 2.16 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT, WITH PROFFERS, FOR COMMERCIAL USE. THE PROPERTY IS LOCATED WEST AND ADJACENT TO MARTINSBURG PIKE (ROUTE 11), APPROXIMATELY 1,000 FEET SOUTH OF THE INTERSECTION OF ROUTE 11 AND STEPHENSON ROAD AND APPROXIMATELY 1,900 FEET NORTH OF THE INTERSECTION OF ROUTE 11 AND OLD CHARLESTOWN ROAD, IN THE STONEWALL MAGISTERIAL DISTRICT, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 4413-1 -12D — POSTPONED UNTIL THE DECEMBER 9, 2009 BOARD MEETING AT THE REQUEST OF THE APPLICANT. Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 i e PUBLIC HEARING - REZONING #05 -09 OF DMJ HOLDINGS, LLC, SUBMITTED BY PAINTER- LEWIS, PLC, TO REZONE 2.85 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT, WITH PROFFERS, FOR COMMERCIAL USE. THE PROPERTIES ARE LOCATED AT THE NORTHWEST CORNER OF ROUTE 50 EAST AND CUSTER AVENUE (ROUTE 781), IN THE SHAWNEE MAGISTERIAL DISTRICT, AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 64A- 4 -16A, 64A -4 -16, 64A -4 -17, 64A -4 -18, 64A -4 -19, AND 64A -4 -20. - A PPUnVFn Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 2.85 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Commercial Use. The properties are located on Route 50 East. The area is covered by the Route 50 Business Corridor Plan and the Eastern Frederick Land Use Plan. The site will be accessed from two locations. Primary access will be from Route 50 via a right - in/right -out only entrance. A second entrance will be a right in off of Custer Avenue. Deputy Director Ruddy advised inter - parcel connectivity will be provided. The applicant has provided a monetary contribution in the amount of $5,000. Deputy Director Ruddy noted there may be some interim level of service issues. The applicant has proffered out car washes, fast food restaurants with drive through service windows, automotive dealers with outdoor display areas, gasoline service stations, model home sales offices, amusement and recreational services operated outdoors, self storage facilities, and adult retail. Maximum building height has been proffered at 35 feet. Limits on the height of lights have also been proffered. He concluded by saying this proposal is consistent with the land use plan designation and the Planning Commission recommended approval. John Lewis, Painter - Lewis, appeared before the Board on behalf of the applicant. He noted this proposed rezoning meets the requirements of the Comprehensive Plan. He believed commercial use was the best use of this property. He acknowledged that transportation was a challenge, but this proposal works because the intersections are traffic light controlled. He went on to say the applicant proffered out all uses raised as possible concerns by the Planning Commission. He concluded by saying the proffered monetary contribution was $5,000 because the proposed intersection improvements cost about $250,000. Supervisor Lofton expressed concern over a possible conflict between vehicles turning right on red, left turns, and u -turns occurring at the intersection of Route 50 and Custer Avenue. He asked if an exit would be allowed on Pembridge Drive if the adjacent property was ever developed. Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 i� Mr. Lewis responded the adjacent lot would be allowed to utilize both of the proposed entrances for this site; however, the need for that exit should be evaluated at the time the adjacent property is developed. Supervisor Lemieux asked if the applicant or VDOT would be required to install U -turn warning signs, similar to those at Sulphur Springs Road and Route 50. Mr. Lewis responded that he believed the applicant would be required to do that installation. Chairman Shickle convened the public hearing. Todd Bryant, Shawnee District, stated it was his understanding a hotel could be as high as 60 feet and he was concerned about having a hotel adjacent to his property. He went on to say he would like to see some uses for this site eliminated. Chairman Shickle closed the public hearing. Chairman Shickle asked Deputy Director Ruddy to address Mr. Bryant's concern. Deputy Director Ruddy responded that hotels could be 60 feet tall; however, for this particular property, proffer #7 restricts height to 35 feet. Supervisor Fisher stated there were a number of transportation issues with this application (e.g. u -turn, coming out of the business, etc.). He noted the right turn lane on Custer Avenue was a much needed improvement and there was a limit on uses to those that general only 200 vehicle trips per day. Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved rezoning #05 -09. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - SENSENY ROAD ENHANCEMENT GRANT APPLICATION. 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 SCHOOL. — (RESOLUTION #030 -09) - APPR"VFn Deputy Planning Director — Transportation John Bishop appeared before the Board Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 190 regarding this item. He advised this was the annual application for Enhancement Grant funds for bicycle and pedestrian transportation enhancements in the vicinity of Senseny Road School. The Transportation Committee considered this proposal at its September 28, 2009 meeting and recommended approval. Deputy Director Bishop advised the Board of new language in this year's resolution, which concerned him. He directed the Board to the last two "Be It Further Resolved" paragraphs of the resolution. Chairman Shickle asked if any costs had been incurred by VDOT, to date. Deputy Director Bishop responded he was not aware of any. Chairman Shickle asked when the county would be able to use the money. Deputy Director Bishop responded that we have been hesitant to request the allocation of local funds from the Board given the current economic climate. He went on to say staff is investigating in -kind services that might be used as part of the local match. He concluded by saying staff was applying for the entire outstanding amount. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board directed staff to apply for the VDOT Enhancement Grant and report back to the Board with further clarification of the last "Be It Further Resolved" paragraph. WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the sponsoring local jurisdiction or state /federal agency in order that the Virginia Department of Transportation establish an enhancement project in Frederick County. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors requests the Commonwealth Transportation Board to establish a project for the improvement of bicycle and pedestrian transportation in the vicinity of Senseny Road School. BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors hereby agrees to provide a minimum 20 percent of the total cost for planning and design, right -of -way, and construction of this project. BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors hereby agrees to enter into an agreement with the Virginia Department of Transportation to provide oversight that ensures the project is developed in accordance with all state and federal requirements for design, right -of -way acquisition, and construction of a federally funded transportation project. BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors will be responsible for maintenance, upkeep, and operating costs of any facility constructed with Enhancement Program funds. Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 191 BE IT FURTHER RESOLVED, that if the Frederick County Board of Supervisors subsequently elects to cancel this project, the Frederick County Board of Supervisors hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. The Frederick County Board of Supervisors also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration. This ordinance shall be in effect on the date of adoption. Passed this 14 day of October, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS CONDITIONAL USE PERMIT #06 -09 FOR POWELL'S INVESTMENTS. LLC FOR A PUBLIC GARAGE WITHOUT BODY REPAIR. THE PROPERTY IS LOCATED AT 214 WATERLOO COURT, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 65 -A -130 IN THE SHAWNEE MAGISTERIAL DISTRICT. ( VOTE POSTPONED FROM SEPTEMBER 23.2009 BOARD MEETING.) - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this item was previously heard at the Board's September 23, 2009 meeting. Following the public hearing, the Board requested this item be tabled in order to address some review agency comments. Zoning Administrator Cheran reviewed the proposed conditions for this conditional use permit application: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to eight vehicles on site awaiting repair at any time. This condition includes within the limited eight vehicles any vehicle, such as a trailer, RV, boat, or truck, stored or parked on site. This Conditional Use Permit is not intended to enable the site to be used for storage or parking of any vehicle unless it is awaiting repair. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to four employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four square feet in size. 7. Hours of operation shall be limited from 7:00 a.m. to 7:00 p.m. 8. Any expansion or change of use shall require a new Conditional Use Permit. Chairman Shickle asked for clarification of condition 7. He did not want it to appear that Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 192 we were requiring the garage to be open from 7:00 a.m. to 7:00 p.m., but rather limiting the hours which repairs would be taking place. Zoning Administrator Cheran responded that was a correct interpretation, the condition allows the facility to be open during that period, but does not establish the actual hours the facility must be open. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved Conditional Use Permit #06 -09 with condition 7 to be modified to reflect the Chairman's concerns. Supervisor Lofton asked about the adjoining property owner's request of the applicant to fix the fence. Supervisor Fisher responded that he would speak with the applicant about addressing that concern. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye MASTER DEVELOPMENT PLAN #02 -09 — FIELDSTONE APARTMENTS — AUTHORIZED STAFF TO ADMINSTRATIVELY APPROVE Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan to develop 5.58 acres of RP (Residential Performance) District with two garden apartment buildings consisting of 25 units. This property would be accessed off of Valley Mill Road. She concluded by saying this master development plan is consistent with the requirements of the Zoning Ordinance and staff is prepared to approve this master development plan. Supervisor Lemieux asked if the applicant had any renderings of the proposed project or a time line for completion. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant and responded no to both items. Upon a motion by Supervisor Lemieux, seconded by Supervisor Fisher, the Board sent Master Development Plan #02 -09 to staff for administrative approval. Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 193 The above motion by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye RESOLUTION ( #031 -09) REQUESTING INTRODUCTION OF LEGISLATION AMENDING 15.2- 2316.2 B OF THE VIRGINIA CODE — "TRANSFER OF DEVELOPMENT RIGHTS" — APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised that over the past year, the County studied the Rural Areas, adopted the Rural Areas Policy, and drafted a Transfer of Development Rights (TDR) ordinance for incorporation into the County's Zoning Ordinance. The TDR ordinance, once adopted, would offer rural area property owners with another land use tool that could assist in capturing land values, without losing farmland, or negatively impacting demand for County services in the rural areas. Director Lawrence went on to say the TDR ordinance does not give the county the right to create density bonuses. He felt a density bonus would create an enticement to landowners. He was asking the Board to approve a resolution requesting our local legislators introduce legislation enabling localities to adopt ordinances which enable transfer of development rights (TDR) "sending" properties to transfer rights at a rate greater than their underlying zoning permits. He concluded by saying the Frederick County Farm Bureau supports this request. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the resolution requesting introduction of legislation enabling localities to adopt ordinances which enable transfer of development rights (TDR) "sending" properties to transfer rights at a rate greater than their underlying zoning permits. WHEREAS, the Frederick County Board of Supervisors adopted the Rural Areas Policy as a component of the Comprehensive Policy Plan in April 2009, a component of the Policy which strives to promote farmland preservation, recognize property rights, and minimize the fiscal impacts and demands that residential development in the rural areas places on the County's provision of public services; and WHEREAS, the Frederick County Board of Supervisors, in striving to implement the findings of the Rural Areas Policy is currently reviewing a draft ordinance which would establish a Transfer of Development Rights (TDR) program in Frederick County; and WHEREAS, Virginia Code 15.2- 2316.2 enables a locality to establish a Transfer of Development Rights program, but does not permit the locality to offer incentives to rural landowners such as bonus program, but does not permit the locality to offer incentives to rural landowners such as bonus residential lot densities that could be transferred from the "sending" area to the "receiving" area; and Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 194 WHEREAS, a Transfer of Development Rights program could be enhanced and made more attractive by enabling the rural landowner of "sending" properties to transfer greater residential lot densities than their underlying zoning would generally permit; and NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors requests its State delegation support in securing enhancements to the Virginia Code TDR enabling provisions so as to permit localities to establish local TDR ordinances which enable development rights severed from the sending areas and attached to the receiving areas to be transferred at a rate of one dwelling unit per density right or greater. This ordinance shall be in effect on the date of adoption. Passed this 14 day of October 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — HEALTH SYSTEMS /SEWAGE DISPOSAL ORDINANCE — SENT FORWARD FOR PUBLIC HEARING — (RESOLUTION #032 -09) Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed revision to Chapter 161 (Sewage Disposal Systems, Water and Sewers) to address the recommendations contained in the Rural Areas report. The proposed changes include: • Complete revision of Article I (Septic Tanks) o Broken up into two articles; new purpose section and definitions section created and placed in Article I. o Revised section regarding when a permit is required by the Health Department. o Requirements of onsite sewage systems — Prohibits the use of conditional approvals, discharging systems, and requires a 100% reserve drainfield area. o License Requirements — New section would require anyone installing or repairing systems or hauling sewage to obtain an Installation License or Septic Haulers Permit from Frederick County. o Permanent pump and haul systems — New section that states that the Board of Supervisors may issue pump and haul permits based on specific criteria, and requires that these systems be inspected. o Replacement or repair of onsite systems — Requires property owners within 300 feet of a public or private sewer system to connect to that system when their system ceases to operate in a sanitary manner or requires major alterations. o Maintenance requirements for alternative onsite sewage systems — New section that requires maintenance for alternative systems. New requirements for agreements to be executed between the property owner and the Health Department (that must be recorded). This section outlines inspection requirements, requirements that the inspection reports be provided to the Health Department, modification procedures and a noncompliance statement. • Revisions to the Violations and Penalties Section (Article III) o New Article VI and titled Enforcement, Violations and Penalties. o Institutes civil penalties for violations of the maintenance requirements for alternative systems. Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 195 She concluded by saying staff was seeking comments and direction from the Board of Supervisors. Supervisor DeHaven asked if the Board adopts this ordinance would residents then be required to connect to a public system or possibly a private system to which they have no right to connect. Senior Planner Perkins responded the proposed ordinance contains a waiver provision for those who cannot attain a connection. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding an ordinance amendment to Chapter 161 to implement enhancements to the existing health system requirements. WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 161 — Sewage Disposal Systems, Water and Sewers to address the recommendations contained within the Rural Areas Report and Recommendations which was adopted by the Board of Supervisors on April 22, 2009; and WHEREAS, the Development Review and Regulations Committee (DRRC) discussed the draft ordinance on August 27, 2009 and recommended it be sent to the Planning Commission; and WHEREAS, the Planning Commission discussed the draft ordinances on September 16, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that it is in the public necessity, convenience, general welfare, and good planning practice, to direct the Frederick County Planning Commission hold a public hearing regarding implementation of enhancements to the existing health system requirements; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding an Ordinance Amendment to Chapter 161 to implement the recommendations contained within the Rural Areas Report and Recommendations applicable to on -site private residential health systems, and forward a recommendation to the Board of Supervisors. Passed this 14` day of October, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — ORDINANCE AMENDMENT — COMMERCIAL INDOOR RECREATION IN THE M1 (LIGHT INDUSTRIAL) ZONING DISTRICT — SENT FORWARD FOR PUBLIC HEARING — (RESOLUTION #033 -09) Senior Planner Candice Perkins appeared before the Board regarding this item. She Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 N advised Frederick County received a request to include Commercial Recreation Operated Indoor to the permitted uses in the M1 (Light Industrial) Zoning District. This use is currently permitted in the B2 (Business General) and the B3 (Industrial Transition) Districts. The requested recreation is for a dog training program; however, this ordinance would be applicable to all types of commercial recreation. She concluded by saying staff was seeking comments and direction from the Board regarding this proposed amendment. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning, Article VI — Part 606 — for provisions to add commercial recreation operated indoor as a permitted use in the M1 (Light Industrial) District; Article I General Provisions — Part 101 — Definitions and Word Usage. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning — for provisions to add Commercial Recreation Operated Indoor, as a permitted use in the M1 (Light Industrial) District and a revised definition. WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on August 27, 2009; and WHEREAS, Planning Commission discussed the draft ordinance on September 16, 2009 and recommended that a public hearing be held; and 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 an amendment to Chapter 165, Zoning — for provisions to add Commercial Recreation Operated Indoor as a permitted use in the M1 (Light Industrial) District. NOW, THEREFORE, BE IT REQUESTED 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 — for provisions to add Commercial Recreation Operated Indoor as a permitted use in the M1 (Light Industrial) District and a revised definition, and forward a recommendation to the Board of Supervisors. Passed this 14 day of October, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Nay Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — ORDINANCE AMENDMENT — OM (OFFICE MANUFACTURING) PARK DISTRICT REVISIONS — SENT FORWARD FOR PUBLIC HEARING - (RESOLUTION #034 -09) Senior Planner Candice Perkins appeared before the Board regarding this item. She advised Frederick County received a request to revise portions of the Office - Manufacturing Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 197 (OM) Park Zoning District. This request is for the addition of a number of uses, as well as modification to the floor to area ratio (FAR) and the height maximum in the district. The intent of the OM Park District is to implement the mixed -use industrial /office land use classification of the Comprehensive Policy Plan. It is designed to provide areas for research - and - development centers, office parks, and minimal - impact industrial and assembly uses. Uses are allowed which do not create noise, smoke, dust or other hazards. The request would add various manufacturing uses, office uses and service uses and includes revisions to the height allowance for office buildings from 60 feet to 90 feet and 70 feet for automobile parking structures, to allow a height exemption for automated storage facilities, and to increase the FAR from 1.0 to 2.0. She concluded by saying staff was seeking comments and direction from the Board regarding this proposed amendment. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding an ordinance amendment to Chapter 165 Zoning to revise and modify portions of the Office- Manufacturing (OM) Park Zoning District. WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 165 Zoning, OM Office - Manufacturing (OM) Park Zoning District, to address a request for the addition of a number of uses and modifications in the OM Zoning District; and WHEREAS, the Development Review and Regulations Committee (DRRC) discussed the draft ordinance on September 24, 2009 and recommended it be sent to the Planning Commission; and WHEREAS, the Planning Commission discussed the draft ordinance on October 7, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that it is in the public necessity, convenience, general welfare, and good planning practice, to direct the Frederick County Planning Commission hold a public hearing regarding modifications to the OM Office - Manufacturing (OM) Park Zoning District; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding an Ordinance Amendment to Chapter 165 Zoning to revise and modify portions of the Office- Manufacturing (OM) Park Zoning District regarding permitted and accessory uses, floor to area ratio (FAR) and height maximums, and forward a recommendation to the Board of Supervisors. Passed this 14 day of October, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 198 Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — ORDINANCE AMENDMENT — RURAL AREAS (RA) DISTRICT REVISIONS — SENT FORWARD FOR PUBLIC HEARING — (RESOLUTION #035 -09) Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was an ordinance amendment to implement some of the recommendations contained within the Rural Areas Report. Specifically this amendment would address changes to the rural preservation subdivision requirements contained within Article IV of the Zoning Ordinance and Articles II and V of the Subdivision Ordinance. She went on to say the proposed draft amendment proposes the following: • Rural preservation tract would be counted toward the permitted residential density of the parent tract. • Increase the rural preservation tract requirement from 40 percent to 60 percent. • Reduce lot width for rural preservation lots and exemption for rural preservation lots from the maximum depth requirements. • Elimination of agricultural lots from the RA District. • Permitted RA uses — addition of off - premise farm markets; commercial stables, equestrian facilities, and commercial riding facilities; petting farms; bed and breakfasts; country clubs (with or without banquet facilities); welding businesses; and cottage occupation signs. • Additional standards for farm wineries and welding businesses. • Revisions to the cul -de -sac length requirements in the Subdivision Ordinance. • New definitions that correspond to the new permitted /conditional uses. She concluded by saying staff was seeking comments and direction from the Board regarding this proposed amendment. Supervisor Fisher stated he could not support §165-401.03 (L), which required a conditional use permit for commercial stables, equestrian facilities, and commercial riding facilities in the Rural Areas. Senior Planner Perkins stated she could add the word "commercial" to equestrian facilities. Supervisor Fisher did not believe this would satisfy his concerns. Chairman Shickle suggested striking item L and bringing it back for discussion at a later date. Supervisor Fisher also expressed concern about §165-401.03 (C) manufacture or sale of feed and other farm supplies and equipment. He wanted to ensure individuals did have to have a conditional use permit in order to sell hay. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 2 approved the resolution directing the Planning Commission to hold a public hearing regarding an ordinance amendment to Chapters 165 and 144, Chapter 165, Zoning, Article IV — Agricultural and Residential Districts, Part 401 — RA Rural Areas District; Article II — Part 204 — Regulations for Specific Uses; Article I General Provisions — Part 101 — Definitions and Word Usage and struck § 165- 401.03 (L) for staff to revise and bring back to the Board for further discussion. WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 165, Zoning and Chapter 144, Subdivision of Land, regarding the regulations applicable to rural preservation subdivisions, agricultural lots, permitted and conditional RA uses, cul -de -sac length requirements and definitions. WHEREAS, these recommendations were contained within the Rural Areas Report and Recommendations which was adopted by the Board of Supervisors on April 22, 2009; and WHEREAS, the Development Review and Regulations Committee (DRRC) discussed the draft ordinance on August 27, 2009 and recommended it be sent to the Planning Commission; and WHEREAS, the Planning Commission discussed the draft ordinance on September 16, 2009 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that it is in the public necessity, convenience, general welfare, and good planning practice, to direct the Frederick County Planning Commission hold a public hearing regarding implementation of revisions to the existing rural preservation lot subdivision requirements; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing regarding an Ordinance Amendment to Chapters 165 and 144 to revise the regulations applicable to rural preservation subdivisions, agricultural lots, permitted and conditional RA uses, cul -de -sac length requirements, and definitions. Passed this 14 day of October by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Absent Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09 200 UPON A MOTION BY SUPERVISOR DOVE, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:15 P.M.) Richard C. Shickle .john . Riley, Jr. Chairman, Board of Supervisors eierk, Board of Supervisors Minutes Prepared By: L —1 Jay E. Ti s Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 10/14/09