Loading...
HomeMy WebLinkAboutAugust 24, 2005 Regular Meeting 061 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, August 24, 2005, at 6:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda J. Tyler; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-3711 A (7) to discuss legal matters. The above motion was approved by the following recorded vote: Richard C. Shicklc Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (7) legal matters were discussed. CALL TO ORDER Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 062 Chairman Shickle called the regular meeting to order. INVOCATION Reverend Philip Roby of the Amazing Grace Fellowship Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had one addition to the agenda. He asked that the Board add a proclamation designating September as Library Card Sign Up month as item number 6 under County Officials. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: Resolution Formally Documenting Northwestern Regional Adult Detention Ccnter (NRADC) Correctional Officers as Frederick County Employees - Tab C; Proclamation - September 2005 as Library Card Sign Up Month; Subdivision Request #27-05 of Jireh Enterprises, LLC - Tab M Upon a motion by Supervisor Tyler, seconded by Supervisor Ewing, the Board approved the Consent Agenda by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Ayc Barbara E. Van Osten Aye CITIZEN COMMENTS Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 063 Lewis Snyder, Stonewall District, appeared before the Board regarding Master Development Plan # 10-05 of Stonewall Plaza. He stated that there would be a fence placed between this property and the existing subdivision. He suggested that a gate be installed which would allow the residents pedestrian access to the property. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the minutes from the August 10,2005 Regular Meeting by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye G~eE.~~cr A~ Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board approved the minutes from the August 11,2005 Work Session by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS There were no committee appointments. RESOLUTION (#010-05) FORMALLY DOCUMENTING NORTHWESTERN REGIONAL ADULT DETENTION CENTER (NRADC) CORRECTIONAL OFFICERS AS FREDERICK COUNTY EMPLOYEES - APPROVED UNDER CONSENT AGENDA WHEREAS, Clarke, Fauquier, and Frederick Counties and the City of Winchester, hereinafter referred to as the "Participating Jurisdictions", entered into a Restated Jail Agreement on May 24, 2005 to establish the Northwestern Regional Jail Authority; and, WHEREAS, the Restate Jail Agreement provides that the cost of operating and maintaining the Northwestern Regional Adult Detention Center will be shared among the participating jurisdictions on an annual basis consistent with a formula agreed upon in the Agreement; WHEREAS, the Restated Jail Agreement identifies Frederick County as the fiscal agent for Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24105 ,064 the Northwestern Regional Adult Detention Center for the purpose of operating and maintenance costs and for all other purposes other than those associated with Jail expansion; and WHEREAS, Frederick County has supplied the correctional officers and supporting staff for operation of the Regional Adult Detention Center since its inception; and NOW, THEREFORE, BE IT RESOLVED, that Frederick County will continue to supply the correctional officcrs and all other employees needed to operate and maintain the Northwestern Regional Adult Detention Center and that these officers and employees will be administered in accordance with Frederick County personnel policies and Frederick County compensation and benefit plans. This resolution shall take effect immediately upon its adoption. This item was approved under the consent agenda. RESOLUTION (#011-05) AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) - FALL 2005 BOND SALE - APPROVED AS AMENDED Supervisor Ewing stated that he would like to see the Board take this application in two parts. Part one would be the II th elementary school and part two would be the proposed Gainesboro Elementary School. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Dove, the Board approved the Application for the Virginia Public School Authority (VPSA) - Fall 2005 Bond Sale in the amount of $6,000,000 for the 11 th elementary school. WHEREAS, the Board of Supervisors has determined that it is advisable to contract a debt and issue general bonds of the County in the maximum amount of $6,000,000 to finance certain capital improvements for public school purposes (the "Bonds") and to sell such bonds to the Virginia Public School Authority ("VPSA"); and WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable to advance money to pay the costs for such capital projects for public school purposes (the "Projects") and to reimburse such advances with proceeds of one or more financings; NOW, THEREFORE, BE IT RESOLVED BY THE FREDERICK COUNTY BOARD OF SUPERVISORS: The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing and equipping the Projects from the proceeds ofthe Bonds to be issued in the maximum amount of $6,000,000. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the Fall 2005 VPSA bond sale. The County Administrator is authorized to advertise a public hearing to be held on September 14,2005 on the issuance of the Bonds. This resolution shall take effect immediately upon its adoption. Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 065 The above resolution was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Vice-Chairman Dove stated that he was concerned aboutthe $2,000,000 for architectural and engineering design of the new Gainesboro Elementary School. He stated that the school was in need of replacement, but he was concerned with financing $2,000,0000 without knowing what the building would look like. He stated that he would like the School Board to work with the Public Works Committee to come up with a new idea for a new school design. Vice-Chairman Dove then moved to recommend that the School Board pursue proposals under PPEA (the Public-Private Education Facilities and Infrastructure Act of 2002) for the design of the new Gainesboro Elementary School. The motion was seconded by Supervisor Ewing. Supervisor Van Osten stated that ifthis motion was approved, the School Board would still need architectural funding. Vice-Chairman Dove stated that he would amend his motion to approve funding from fund balance, with the proceeds of the bond sale to be used to reimburse the County. Supervisor Ewing stated that he was still concerned about funding a project that was not yet approved. Administrator Riley stated thatthis project had been approved as part ofthe County's Capital Improvement Plan and that the land for this school has been purchased. Supervisor Forrester stated that she was "for this school being built, but not at the detriment of other students in the urban development area". She cited the overcrowding of schools in her district as an example. Supervisor Van Osten stated that she was not opposed to the PPEA process, but she would like to see the Board and the School Board delineate a policy that outlines the steps needed for a project to be approved. Chairman Shickle responded that he and School Board Chairman Van Hoose have agreed Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 '066 to attempt to address this issue, but they have not had time to meet and discuss a process. Supervisor Tyler stated that unless the County was taking advantage of a financing package the PPEA process was merely a glorified design build process. She went on to say that the school buildings should be designed with an instructional focus. Supervisor Fisher responded that there was no question this school was needed and that the Board would not accept something that did not meet thc school's needs. Supervisor Ewing advised that he would like to see the Board save money here and put it back into the classrooms where it was needed. Vice-Chairman Dove again amended his motion to state that fund balance would be used, if needed, to pay for the design of this school should the PPEA process not work and the Board would reimburse itself from bond proceeds. Supervisor Ewing accepted this amendment. Supervisor Forrester reminded the Board that by going forward they were only looking at the Gainesboro School. Dr. William Dean, Superintendent of Schools, advised that he was not sure the School Board could finance one building a year and still meet the County's growth needs. School Board Chairman Van Hoose submitted a preliminary project time lime for the Gainesboro School. He stated the cost estimates were based on the cost of the 11th elementary school. He went on to say that Indian Hollow was currently 57 students over capacity and that the new Gainesboro School would help with the capacity problem. Dr. Dean advised the Board that the PPEA process has had mixed reviews. He stated that the value to the School Board was to fast track projects, but it had not shown to provide any cost savings. He went on to say that if the School Board looked at PPEA it would focus on the advantages and disadvantages. School Board Chairman Van Hoose advised that the School Board would look at the sizing of schools at its upcoming retreat. He went on to say that the School Board would look at the PPEA process and bring information back to the Board. There being no further discussion, Chairman Shickle restated the motion for the Board's consideration - "recommend to the School Board that they pursue the design ofthe new Gainesboro Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 067 Elementary School through PPEA. rfno proposals are received then the design fees would be paid out of Fund Balance, with the County to be reimbursed from the bond proceeds." Chairman Shickle stated that the word recommend should be taken literally. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PRESENTATION BY JOHN BISHOP. WITH NORTHERN SHENANDOAH V ALLEY REGIONAL COMMISSION (NSVRC). OF THE DRAFT 2030 LONG RANGE TRANSPORTATION PLAN - BOARD ENDORSED LEAVING ROUTE ll1ROUTE 37 INTERCHANGE OPEN Mr. John Bishop, Transportation Planner for the Win-Fred Metropolitan Planning Organization, appeared before the Board and presented an overview ofthe 2030 Vision Plan and the associated Constrained Long Range Plan. He informed the Board that the proposed closure of the Route II/Route 37 Interchange prompted some public comment at the MPO's public hearing. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Fisher, the Board endorsed leaving the Route II/Route 37 interchange open. Supervisor Fisher stated that the businesses in that area superseded the Winchester Area Transportation Study (W A TS plan) and he urged the MPO to look at another solution. Supervisor Tyler stated that there was some rationale behind this closure years ago. She stated that the Board might be able to take an active role, but VDOT and the Federal Highway Administration would have the final say. Chairman Shickle stated that he would remain optimistic. There being no further discussion, the motion to endorse leaving the Route II/Route 37 interchange open was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Miuute Book Number 31 Board of Supervisors Regular Meetiug of 08/24/05 !068 REOUEST FOR CHANGES IN THE COUNTY BUS ROUTES - APPROVED Administrator Riley advised that staff received a request from Winchester Transit Authority regarding changes to some of the bus stops on the existing bus routes in Frederick County. The proposed changes are being brought to the Board for consideration and subsequent action. Stenhens Citv/LFCC 1) Discontinue the bus stop on Shady Elm. Replace with a stop at Cross Creek Village (a 55 and over community). 2) Add stops in Fredericktowne (i.e. Accomack Circle, Amelia, Caroline Avenue, and Fredericktowne Drive). 3) Add a stop in Lakeside (i.e. Chinkapin Drive). 522 South/Senseny Road 1) Discontinue the bus stop at Shenandoah Mobile Home Park on Route 522 South. (WTA advised that they have never picked up anyone at this location.) Upon a motion by Supervisor Van Osten, seconded by Supervisor Tyler, the Board approved the above changes to the Frederick County Bus/Transit Routes. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PROCLAMATlON <001-05) - SEPTEMBER 2005 AS LIBRARY CARD SIGN UP MONTH - APPROVED UNDER CONSENT AGENDA WHEREAS, the smartest card is a library card; and WHEREAS, a library card opens up a world of opportunity for people of all ages; and WHEREAS, a library card provides access to a goldmine of books, magazines, CDs, videos, computers, the Internet, and more; and WHEREAS, library cards are the ticket to a variety of free programs and services for the whole family to enjoy; and WHEREAS, children who have and use library cards perform better in school. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County proclaim September, Library Card Sign-Up Month in Frederick County, Virginia, and encourage everyone to sign up for the smartest card. Get It, Use It, @ your library. This proclamation was approved under the consent agenda. Minute Book Number 31 Board of Supervisors Regular Meetiug of 08/24/05 069 COMMITTEE REPORTS FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the Board ofSupcrvisors' Meeting Room at 107 North Kent Street on Friday, August 19,2005 at 8:00 A.M. 1. The Director ofInformation Technology requests approval for four cellular phones for a help desk application. The Director has funds in the current budget to cover this expense. The Committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 2. The Director of Public Works requests a Landfill Fund supplemental appropriation in the amount of $2.390.000. This amount represents a carry forward for capital projects. See attached memo, pgs. 1-3. The committee recommends approval for public hearing. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 3. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $185.800. This amount represents funds needed for the expansion of the Clearbrook Convenience Site and funds donated for a recycling calendar. See attached memo, pgs. 4-6. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above rcquest by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 4. The Director of Finance requests a General Fund supplemental appropriation in the amount of $1.162.467.53. a Regional Jail Fund supplemental appropriation in the amount of Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 070 $18.303.00 and an Airport Capital Fund supplemental appropriation in the amount of$94.953.88. These amounts represent outstanding purchase orders at June 30, 2005. For further detail, see attached list, pg. 7. The committee recommends approval and recommends a public hearing for the General Fund appropriation. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 5. The Director of Parks & Recreation requests a General Fund supplemental appropriation in the amount of $247.180.09. This amount represents funds to be carried forward for the sewer installation and grant funds for trail development at Sherando Park. See attached memo, pg. 8. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 6. The Superintendent ofNRADC requests a Regional Jail Fund supplemental appropriation in the amount of$158.000. This amounts represents remaining FY05 monies for per diem costs that are requested to be carried forward to FY06. See attached memo, pg. 9. The committee recommends denial at this time. - Denied. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Dove, the Board denied the above request by the following rccorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 7. The Director of Planning requests a General Fund supplemental appropriation in the amount of$1 0.000. This amount represents funds needed in FY06 budget to complete the Warrior Drive project. Funds were budgeted in the prior fiscal year. See attached memo, pgs. 10-11. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 071 the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 8. The Director of Fire & Rescue requests a General Fund supplemental appropriation in the amount of $78,949.11. This amounts represents several carry forward requests. See attached memo, pg. 12. The committee recommends approval. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 9. The School Director of Finance requests a School Operating Fund supplemental appropriation in the amount of $348.415.29 and a School Construction Fund supplemental appropriation in the amount of $l6.175.436.84. These amounts represent outstanding purchase orders at June 30, 2005. For further detail, see attached list, pgs. 13-16. The committee recommends approval and recommends a public hearing for the School Construction Fund appropriation. Committee member Lofton is opposed to funding of uniforms and other extracurricular activity costs and believes funding should be for education costs only. - Approved. Upon a motion by Supervisor Ewing, seconded by V ice-Chairman Dove, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 10. Information has been provided by continued dialogue on assessments. The Commissioner ofthe Revenue will be present for discussion. See attached information, pgs. 17-33. No action required. 11. The School Director of Finance requests a School Construction Fund supplemental appropriation in the amount of $4,543.779.17. This amount represents a carry forward of approved school construction projects. See attached memo, pg. 334-35. The committee recommends approval for public hearing. - Approved. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24105 072 Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 12. The Superintendent of Schools requests a School Construction Fund supplemental appropriation in the amount of $15.300.000. This amount represents construction costs for the replacement of Gainesboro Elementary School. See attached memo, pg. 36. The committee is forwarding this item with no recommendation. ***For Information Only*** 1. Lord Fairfax EMS Council Board sends a letter of appreciation for the Fiscal Year 2006 contribution. See attached memo, pg. 37. 2. Calendar. See attached, pg. 38. 3. Budget amendments greater than $500,000 will require a public hearing. PUBLIC HEARING PUBLIC HEARING - PROPOSED CONSERVATION EASEMENT PROGRAM AND CREATION OF AN EASEMENT AUTHORITY. (RESOLUTION #'S 012-05 AND 013-05) THE FREDERICK COUNTY BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING ON WEDNESDAY. AUGUST 24. 2005 AT 7:15 P.M. TO TAKE COMMENT ON A PROPOSED CONSERV ATlON EASEMENT PROGRAM AND THE CREATION OF AN EASEMENT AUTHORITY TO OVERSEE AND ADMINISTER THE PROPOSED PROGRAM. IF ADOPTED. THE CONSERVATION EASEMENT PROGRAM WOULD ESTABLISH A MECHANISM FOR THE COUNTY TO ACCEPT DONATED EASEMENTS ON LAND WHICH THE AUTHORITY AND THE BOARD OF SUPERVISORS DETERMINE TO BE OF CONSERVATION VALUE TO THE COUNTY. ONCE GRANTED. THE EASEMENT WOULD PROHIBIT CERTAIN ACTIVITIES OUTRIGHT AND STRICTLY LIMIT THE POTENTIAL FOR COMMERCIAL OR RESIDENTIAL DEVELOPMENT ON THE EASED PROPERTY. THE PROPOSED ORDINANCE ALSO CONTAINS PROVISIONS THAT WOULD ENABLE THE BOARD OF SUPERVISORS TO PROVIDE FUNDING FOR THE PROGRAM SUCH THAT LANDOWNERS MIGHT RECEIVE COMPENSATION FOR THE VALUE OF AN EASEMENT THEY VOLUNTARILY GRANT TO THE COUNTY. - APPROVED Assistant County Administrator Kris Tierney informed the Board that there were two resolutions requiring action in order to establish a conservation easement program and appoint the easement authority. He concluded by saying that Mr. Bob Mitchell was present to answer any legal questions the Board might have. Supervisor Fisher asked about the annual inspection ofthc casements held by the authority. Assistant Administrator Tierney responded that it would be up to the Authority or County staff to monitor the easements for enforcement. Chairman Shickle convened the public hearing. Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 073 There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the Ordinance Establishing the Frederick County Conservation Easement Program. WHEREAS, the Frederick County Board of Supervisors desires to establish a program which will enable the County to acquire conservation easements, voluntarily offered by property owners, as a means of assisting in the preservation offarm and forest land, open space, scenic vistas, historic sites, waterresources, environmentally sensitive lands, and the county's rural character; and, WHEREAS, the Open Space Land Act of Virginia expressly authorizes public bodies to acquire and hold conservation easements; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby adopt the attached Conservation Easement Program Ordinance 1. Intent: To further the goals of the County's Comprehensive Plan and provide a means to assist county landowners in protecting and preserving farm and forest land, open space, scenic vistas, historic sites, water resources and environmentally sensitive lands, and the county's rural character. This ordinance establishes a program which will enable the County to acquire voluntary conservation easements either through donation or, should funding be made available, through purchase, as one means of assuring these valuable County resources are protected. It is hoped that this will in turn assist in shaping the character and direction of development, promote tourism through the preservation of scenic and historic resources, and assist in preserving the quality oflife for the inhabitants of the County. 2. Authority/Applicability. The Frederick County Conservation Easement Program (FCEP) program is established under the provisions of the Open Space Land Act, Chapter 17, Title 15.2 (910.1-1700 et seq.), Code of Virginia and shall be available for all land in the County. The owner shall voluntarily offer any conservation easement acquired pursuant to this chapter. 3. Definitions. A. The following definitions shall apply in the interpretation and implementation of this chapter: (1) Authority. The Frederick County Conservation Easement Authority. (2) Conservation easement. The term "conservation easement" means a nonpossessory interest in real property, whether easement appurtenant or in gross, acquired through gift, purchase, devise, or bequest imposing limitations of affirmative obligations, the purpose of which include retaining or protecting natural or open-space values of real property, assuring its availability for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property. (3) Development right. The number of residential building lots that may be created from the parent tract in a given zoning district per the Frederick County Zoning and Subdivision Regulations. Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 074 (4) Owner. The term "owner" means the owner or owners of the freehold interest ofthe parcel. (5) Program administrator. The term "program administrator" means the Director of Planning and Development. (6) Parcel. The term "parcel" means a lot or tract of land, lawfully recorded in thc clerk's office of the circuit court of the County of Frederick. Because a conservation easement may contain one or more parcels, for purposes ofthis chapter the term "parcel" shall include all parcels covered by, or proposed to be covered by, the conservation easement. 4. Program administrator; powers and duties. A. Powers and duties. The Director of Planning and Development, or his designee, shall have the following powers and duties with respect to the program: (1) Establish reasonable and standard procedures and forms consistent with this chapter for the administration and implemcntation of the program. (2) Evaluate all applications to determine their eligibility and their ranking based on their score, and make recommendations thereon to the Authority. (3) Determine the number of usable development rights existing on each parcel subject to an application. (4) Where funding is made available for purchase, coordinate the preparation of appraisals. (5) Provide staff support to the Authority. (6) Assure that the terms and conditions of all easements are monitored and complied with by coordinating with each easement holder. 5. Authority; powers and duties. A. Powers and duties. The Authority shall have the powers and duties to: (1) Acquire and co-hold easements pursuant to the provisions ofthe ordinance. (2) Apply for and pursue grants, other funding, and gifts from the Virginia Land Conservation Fund, state and federal agencies, and private persons and entities for the purchase of easements. (3) Promote the program, in cooperation with the program administrator, by providing educational materials to the public and conducting informational meetings. (4) Review the ranking of applications recommended by the program administrator and make a determination as to whether an easement donation offer should be accepted and, subject to funding availability, which, ifany, conservation easements should be purchased. (5) Annually review the program's eligibility and ranking criteria and recommend to the Board of Supervisors any changes needed to maintain the program's consistency with the comprehensive plan, or to improve thc administration, implementation and effectiveness of the program. Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 075 (6) Take action to enforce compliance with tem1S of easements being co-held by the Authority. (7) Exercise any powers authorized by the Public Recreation Facilities Authorities Act. 6. Eligibility criteria. In order for a parcel to be eligible for a conservation easement, it must meet the following criteria: (i) the use of the parcel subject to the conservation easement must be consistent with the comprehensive plan; (ii) the proposed terms of the conservation easement must be consistent with the minimum conservation easement terms and conditions set forth in Section 8 (Easement Terms and Conditions) and (iii) the parcel shall obtain at least fifteen (15) points under the ranking criteria set forth under Section 7 (Ranking Criteria) unless the Authority finds that it is in the best interest of the County to waive this requirement. 7. Ranking criteria. In order to effectuate the purposes ofthis chapter, parcels for which FCEP applications for purchase have been received shall be ranked according to the criteria and the point values assigned thereto as set forth herein. Points shall be rounded to the first decimal (e.g. Under criteria A. I., a property with 740 feet of shared boundary with a park would receive 1 point for sharing a boundary, plus 1.48 points for the length of the shared boundary, which when rounded to the first decimal would be 1.5 points, for a total of2.5 points for that criteria). A. Open-space resources. (1) The parcel adjoins an existing permanent conservation easement, a national, state or local park. One (1) point, plus one (1) point for every five hundred (500) feet of shared boundary. (2) The number of usable development rights on the parcel as determined by the Program Administrator based on the applicable Frederick County Zoning Ordinance Regulations: one half (Yz) point per usable development right. B. Threat of development. (1) The parcel is zoned for a non agricultural use: three (3) points. (2) The parcel is deemed to be threatened due to it's proximity to the County's Urban Development Area or Sewer and Water Service Area boundary or to property that has been developed for a non agricultural use within the last three years: two (2) points. C. Natural, cultural, recreational, and scenic resources. (1) The parcel adjoins a state maintained road: one (1) point for each five hundred (500) feet ofroad frontage along a designated Virginia scenic highway or byway; (1) point for each one thousand (1000) feet of road frontage on a non- designated public road. (2) The parcel contains or fronts a public trail or is identified as part of a planned trail network, two (2) points; an adjoining parcel contains or fronts on a public trail or is identified as part of a planned trail network: one (1) point. (3) The parcel contains historic resources: Three (3) points if: (i) the parcel is within or adjoins a national or state historic park or Civil War Battlefield; (ii) is listed on the state or national register of historic places, or; (iii) is subject to a Minute Book Nnmber 31 Board of Supervisors Regular Meeting of 08/24/05 076 permanent easement protecting a historic resource. Two (2) points if the parcel contains, or adjoins a parccl containing a historic structure identified by the Frederick County Rural Land Mark Surveyor otherwise documented as being over 100 years old. An additional one (1) point if the parcel contains identified archaeological resources. (4) The parcel is within a watershed or sub watershed identified as impaired on the Virginia Department of Environmental Quality's Impaired Waters List: (3) points. (5) The parcel fronts on a perennial stream as identified by the USGS 7.5 minute series quad maps or other reliable source: one (1) point for every one thousand (1000) linear feet of stream frontage. (6) The parcel is within a sensitive groundwater recharging area as demonstrated by the presence of sinkholes or karst topography: one (1) point. (7) The parcel contains perennial springs or wetlands. One (1) point for each occurrence. D. For Farm or Forest land Protection (1) The parcel contains "prime farm land" as identified by the 1987 USDA Soil Survey of Frederick County one half (Y2) point for each 10 acres containing such soils, for up to a total of five (5) points. (2) The parcel is currently designated as part of an Agricultural or Forestal district: four (4) points. The parcel qualifies for land use taxation under the provision for agricultural land but is not in an Agricultural or Forestal District, three (3) points; the parcel qualifies for land use taxation under the provision for forestal land but is not in an Agricultural or Forestal District two (2) point. (3) The parcel has an approved Nutrient Management Plan and/or employs agricultural best management practices as approved by the Lord Fairfax Soil and Water Conservation District or Natural Resources Conservation Service: one (I) point (4) The property owner can document that he/she has in place a conservation plan or participates in a recognized program that restores and/or protects stream channels, riparian zones, and wetlands: one (I) point. E. Fund leveraging. (I) Non-local government funding has been identified to leverage the purchase of the conservation easement: one (1) point for each ten (10) percent of the total purchase price for which those funds can be applied. Donation of all or a portion of the easement by the owner shall be considered fund leveraging and points awarded at the same rate. 8. Easement terms and conditions. Each conservation easement shall conform with the requirements ofthe Open-Space Land Act and of this ordinance. The deed of easement shall be in a form approved by the County Attorney, and shall contain, at a minimum, the following provisions: A. Restrictions. In addition to the foregoing, the parcel shall be subject to standard restrictions contained in conservation easements pertaining to uses and activities allowed on the parcel. These standard restrictions shall be delineated in the deed of easement and may include, but not necessarily be limited to, restrictions pertaining to: (i) the accumulation of Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 OT7 trash and junk; (ii) the display of billboards, signs and advertisements; (iii) the management offorest resources; (iv) grading, blasting or earth removal; (v) the number of new dwellings and the number and size of outbuildings and farm buildings or structures; (vi) the conduct of industrial or commercial activities on the parcel; and (vii) monitoring of the easement. B. Designation of easement holders. The Authority and the Frederick County Board of Supervisors shall be the co-holders of all easements acquired under this program. The Authority shall seek one or more public bodies, as defined in Virginia Code S 1 0.1-1700, or private holder, as defined in Virginia Code SlO.I-1009, to be additional co-holders in the deed of easement or added by the Board of Supervisors and the Authority later, unless the Authority finds additional co-holders to be not feasible or not advisable. 9. Application and evaluation procedure. Each application for a conservation easement shall be processed as follows: A. Application materials to be provided to owner. The application materials provided by the program administrator to an owner shall include, at a minimum, a standard application form, a sample deed of easement, and information about the FCEP program. B. Applicationform. Each application shall be submitted on a standard form prepared by the program administrator. The application form shall require, at a minimum, that the owner: (i) provide the name and address of all owners of the parcel, (ii) the acreage of the parcel, (iii) the tax map and parcel number, (iv) the zoning designation of the parcel, (v) permission for the program administrator to enter the property after reasonable notice to the owner to evaluate the parcel and for the County's assessor or an independent appraiser to appraise the property (vi) identification of all lien holders on the parcel, including without limitation, holders of deed oftrust liens and judgement liens and (vii) identify whether it is their desire to donate or sell an easement. The application form shall also include a space for an owner to indicate that whether he volunteers to have his parcel be subject to greater restrictions than those contained in the standard sample deed of easement, and to state those voluntary, additional restrictions. C. Submittal of application. Applications shall be submitted to the office ofthe program administrator. An application may be submitted at any time. However, applications involving an easement purchase received after June 1 shall be evaluated in the following fiscal year. D. Evaluation by program administrator. The program administrator shall evaluate each complete application received and determine whether the parcel satisfies the eligibility criteria set forth in Section 6 and shall make recommendations thereon to the Authority. E. Evaluation by Authority. The FCEP shall review the list of parcels submitted by the program administrator and identify on which parcels, if any, it desires conservation easements. F. Board of Supervisors Approval. The Program Administrator shall forward to the Board of Supervisors for their review and approval, any parcel which is located within the bounds of the County's Sewer and Water Service Area or Urban Development Area, prior to the Authority pursuing acquisition of an easement. G. Application. An owner of a parcel not selected by the Aut1lOrity for purchase or acceptance of a conservation easement may reapply in any future year. 10. Acceptance of Easements. Upon approval of an cascment by thc Authority pursuant to the terms ofthis ordinance, the proposed easement shall be forwarded to the Board of Supervisors for its approval. No Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 078 easement shall be accepted unless approved by both the Authority and the Board of Supervisors. Upon approval by the Authority and the Board of Supervisors, and by any additional co-holder if applicable, the deed of easement shall be executed by all parties and recorded in the Frederick County land records. Nothing in this chapter shall obligate the Authority to purchase or accept a conservation easement on any property. 11. Purchase of conservation easement. Should the Authority desire to purchase an easement, the following procedures shall apply. A. Identification ofinWal pool. For applications received under Section 9, in which the owner has indicated a desire to sell an eascment, the program administrator shall determine the number of points to be attributed to each parcel by applying the criteria set forth in section 7. The program administrator shall rank each parcel scoring at least fifteen (15) points with the parcel scoring the most points being the highest ranked and descending therefrom. The program administrator shall submit the list of ranked parcels to the Authority. The Authority shall designate the initial pool of parcels identified for conservation easements to be purchased. The purchase price may be supplemented by non- county funding as discussed in Section 7 (E) above. The size ofthe pool shall be based upon the funds available for easement purchases in the current fiscal year. B. Additional application information required by program administrator. The program administrator may require an owner to provide additional information deemed necessary to determine: (i) whether the proposed easement is eligible for purchase; and (ii) the purchase price of such easement. C. Appraisal of conservation easement value. Each conservation easement identified by the Authority to be purchased shall be appraised either by the County's assessor or by an independent qualified appraiser chosen by the Authority. Each completed appraisal shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the Authority, which shall review each appraisal. D. Invitation of offer to sell. The Authority shall invite the owner of each parcel included in the initial pool of conservation easements to submit an offer to sell to the Authority a conservation easement on that parcel, subject to the terms and conditions of a proposed deed of easement. The invitation to sell shall be in writing and shall include the desired purchase price, the proposed deed of easement, and the date by which a written offer must be received by the program administrator in order to be considered. The invitation may contain an offer form to be returned if the owner desires to sell a conservation easement. E. Offer to sell. Each owner who desires to sell a conservation easement shall submit a written offer that must be received by the program administrator by the date contained in the invitation to offer to sell. The offer should include a statement that substantially states the following: "(The owner) offers to sell a conservation easement to the Authority for the sum of (purchase orice), subject to the terms and conditions set forth in the proposed deed of easement enclosed with the invitation to offer." Nothing in this chapter shall compel an owner to submit an offer to sell. F. Acceptance. Nothing in this chapter requires the Authority to accept an offer to sell a conservation easement. G. Offers not made; offers not accepted; invitation to other owners. Ifan owner invited to submit an offer elects not to do so, or ifhis offer to sell is not accepted by Authority, then the Authority may send an invitation to offer to sell to other owners on the list. H. Costs. If the Authority accepts an offcr to sell a conservation easement, the Authority may pay all costs, including environmental site assessments, surveys, recording costs, grantor's tax, if any, and other charges associated with closing. Provided, however, Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 079 the Authority shall not pay fees incurred for independent appraisals or legal, financial, or other advice, or fees in connection with the release and subordination of liens to the easement purchased by the Authority. I. Application. An owner for whose parcel a conservation easement is not purchased may reapply in any future year. 1. Special Consideration. The Authority shall give special consideration and take immediate action to review applications in the special case where private funding is available to cover one hundred (100) percent of the cost of the purchase, or the owner is willing to donate the conservation easement at no cost to the county, provided that such parcel meet the eligibility requirements of this ordinance. 12. Program funding. The FCEP program may, but is not required to, be funded annually by the Board of Supervisors in the County budget or by special appropriation. The Authority shall endeavor to seek funds from federal, state and private sources to effectuate the purposes of this chapter. Nothing in this chapter shall require the Board of Supervisors to fund this program. The above ordinance was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the Resolution Establishing Frederick County Conservation Easement Authority. WHEREAS, the Frederick County Board of Supervisors has established the Frederick County Conservation Easement Program enabling the County to acquire conservation easements, voluntarily offered by property owners, as a means of assisting in the preservation of farm and forest land, open space, scenic vistas, historic sites, water resources, environmentally sensitive lands, and the county's rural character; and, WHEREAS, the Frederick County Conservation Easement Program calls for the creation of an Authority to oversee and administer this program; and, WHEREAS, the Public Recreation Facilities Authorities Act authorizes the establishment of an Authority with the power to acquire, by gift or purchase, land or rights in land and to hold conservation easements, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby establish the: FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY Articles of Incorporation. I) The name of the Authority is Frederick County Conservation Easement Authority. The address of its principal office is 107 North Kent Street, Winchester, Virginia 22601. Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 NAME ADDRESS uthorities Act, Chapter the Board of Directors -" TERM ENDING years from the date f appointment years from the date f appointment years from the date f appointment years from the date f appointment years from the date f appointment years from the date f appointment years from the date f appointment - years from the date f appointment year from the date of ppointment ervation easements, by on easements conveyed chase Program pursuant wers authorized by the rs of nine (9) members, ember from the Board , and seven (7) citizen year. The initial term of ce (3) members shall be e (3) years. Subsequent -- ity Board shall be filled ible for reappointment. f the following fields; ccounting, farming, or 080 2) The Authority is created under the Public Recreational Facilities A 56 of Title 15.2 (gI5.2-5600, et seq.), Code of Virginia. 3) The participating locality is Frederick County, Virginia. 4) The names, addresses, and terms of office of the initial members of of the Authority are: Richie Wilkins 13 S. Loudoun Street 3 Winchester, VA 22601 0 Philip B. Glaize, Jf. P.O. Box 2077 2 Winchester, VA 22604 0 Diane Kearns P.O. Box 2368 3 Winchester, VA 22604 0 187 Sawlog Road 1 Gore, VA 22637 0 2973 Woodside Road 1 Winchester, VA 22624 0 Edgar C. "Bud" Good, Jr. John Light (Planning Commission member Mrs. Barbara E. Van Osten (Board of Supervisors Member) 1 03 Coopers Lane 3 Winchcster, VA 22603 0 Jim Lawrence Winchester Green Circle 2 408 Marion Street 0 Winchester, VA 22601 3654 Apple Pie Ridge Road 2 Winchester, VA 22603 0 Fruit Hill Orchard 1 P.O. Box 2368 a Winchester, VA 22604-1568 Todd B. Lodge C. Robert Solenberger E. The purposes of the Authority are to acquire and/or receive cons purchase, gift, or other conveyance; to hold and enforce conservati to it; to administer the Frederick County Conservation Easement Pur to the ordinance establishing the Program; and to exercise any po Public Recreational Facilities Authorities Act. Board of Directors 1) The powers of the Authority shall be exercised by a Board ofDirecto appointed by the Board of Supervisors, to be comprised of one (1) m of Supervisors, one (1) member from the Planning Commission members. The initial term ofthree (3) members shall be for one (1) three (3) members shall be for two (2) years. The initial term for thr for three (3) years. Each term after the initial term shall be for thre to the initial appointment of members, any vacancy on thc Author by appointment of the Board of supervisors. Members shall be elig 2) Authority members shall be knowledgeable in one or more 0 conservation, biology, real estate and/or rural land appraisal, a Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 081 forestry. 3) The Authority shall elect a chairman, vice-chairman, treasurer, and secretary at its first meeting each calendar year. 4) The members of the Board shall serve without compensation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #04-05 FOR SENSENY VILLAGE. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 49.70 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT AND 24.09 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT WITH PROFFERS. THIS 73.79 ACRES SITE IS LOCATED ON THE SOUTH OF ROSSUM LANE (ROUTE 736) AND TWINBROOK CIRCLE (ROUTE 867). AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 65-A-49B AND 65-A-55 IN THE RED BUD MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Mike Ruddy appeared before the Board regarding this application. He advised that this was a proposal to rezone 49.70 acres from RA (Rural Areas) District to RP (Residential Performance) District and 24.09 acres from RP (Residential Performance) District to RP (Residential Performance) District with proffers. The total acreage to be rezoned is 73.79 acres. The property is located south of Rossum Lane and Twinbrook Circle in the Red Bud Magisterial District. The applicant is proposing to construct 285 residential units (145 Single Family Homes and 140 Town homes). Both portions ofthe property ARE located in the Urban Development Area and Sewer and Water Service Area. The traffic impact analysis projects 2,668 vehicle trips per day with primary access being Senseny Road. The proposed impacts are acceptable and manageable. The internal road system has been designed to deter eut through traffic. The applicant has proffered to improve Rossum Lane to current VDOT standards. The applicant has further proffered $5,000 per single family dwelling and $3,000 for single family townhomes for Senseny Road improvements, which would generate $1.145 million for transportation. The project has designated Minute Book Number 31 Board of Supervisors Regular Meetiug of 08/24/05 082 a right-of-way for Route 37. The fiscal impact model has identified a net impact of $8,987 pe Evan Wyatt, Greenway Engineering, advised that this proposal was originally schedule residential unit to facilities. The applicant has proffered $10,000 per single-family unit and $8,00 per town home unit to off-set these impacts. This project will generate 177 new students at buil out. The Planning Commission reviewed this proposal and recommended approval. to go to the Planning Commission back in April; however, the applicant withdrew the applicatio in order to work with the residents ofthe Glenmont Homeowners Association. Mr. Wyatt stated tha as a result of delaying going through the public process, the applicant was able to get goo comments from the adjoining subdivision. Mr. Wyatt then reviewed the generalized developmen plan. The single-family lots would adjoin the existing single-family lots in Glenmont Village. Th existing vegetation has been preserved with a ten foot non-disturbance easement. The applicant ha further proffered a 50 foot non-disturbance easement for existing lots to the access road. Th applicant will rebuild Rossum Lane to VDOT specs. These improvements must be in place bcfor building permits are pulled. Mr. Wyatt stated that the applicant has tried to respect the wishes 0 the adjoining property owners. He offered to proffer a monetary contribution to establish homeowners' association fund. The monetary contribution for the homeowners' start up fund woul give the association approximately $30,000 in start up funds. This type of contribution profferwoul become a part of all of Greenway's future projects. He concluded by saying that there would b community trash pick up service for the residents of this development. Supervisor Forrester asked ifthis development's homeowners' association would be separate from Glenmont Village or if they would be part of the same association. Mr. Wyatt responded that they would be separate associations. Chairman Shickle asked Mr. Wyatt to show the improvements along Senseny Road. Mr. Wyatt responded a right turn lane would be installed within the Senseny Road right-of- way at the intersection of Twinbrook Road and Senseny Road. He advised that the proffer wording was drafted in conjunction with VDOT. He went on to say that the turn lanes would be constructed prior to the building permits being issued. Supervisor Ewing asked about the width of the right-of-way of the east outlet. Mr. Wyatt responded fifty feet. Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 083 Chairman Shickle asked what legal right the applicant had to develop the 24.09 acre portion of the property. Mr. Wyatt responded that the property is already zoned RP. Chairman Shickle asked if the previous master development plan ceased or needed to be amended? Mr. Wyatt responded that staff and the County's attorney felt it was important for the applicant to show what would be changing if this rezoning was approved. Chairman Shickle asked if anyone had told the applicant that the prevIOUS master development plan has relevance to the property. Mr. Wyatt responded no and went on to say that the Glenmont Village Homeowners' Association has no right to the property because they operate as separate from this proposed development. He concluded by saying that if the rezoning were not approved then the applicant could revise the master development plan and do what is allowed in the zoning district. Deputy Director Ruddy advised that the original master development plan could be followed today or the applicant could revise it. The applicant in this instance has chosen the latter. Supervisor Tyler asked if the open space would remain undisturbed. Mr. Wyatt responded yes, with the exception of building roads and the installation of utilities. Chairman Shickle asked for clarification ofthe wording of proffer C 1, which authorized the County to use the $1.145 million as matching funds for transportation improvements. He wanted to know if this wording meant the funds could only be used as matching funds. Mr. Wyatt responded no. The use of funds were not restricted, with the exception that they could only be used for transportation improvements in the Senseny Road corridor. After consultation with the applicant's legal counsel, Mr. Ben Butler, Mr. Wyatt advised that the proffer would be rewritten to authorize the use of that monetary contribution unconditionally by Frederick County. Chairman Shickle convened the public hearing. Josh Russell, Red Bud District, stated that he was concerned about the lack of road work and improvements on Glen Ridge Drive. Minnte Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 084 Dick Crane, Red Bud District and Vice President of the Glenmont Homeowners' Association, spoke in support ofthis project; however, "we are not jumping for joy". He went 0 to say that the Glenmont Homeowners' Association tried to work with the developer and felt this work paid off. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Forrester asked for support from someone else on the Board to make a motion relative to this application. She stated that she was concerned about the schools in her district and could not contribute to the current overcrowding. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Fisher, the Board approved rezoning #04-05 with the amended proffers as stated by the applicant. WHEREAS, Rezoning #04-05 of Senseny Village, was submitted by Greenway Engineering, to rezone 49.70 acres from RA (Rural Areas) District to RP (Residential Performance) District and 24.09 acres fromRP (Residential Performance) District to RP (Residential Performance) District with Proffers. This 73.79 acre site is located on the south side ofRossum Lane (Route 736) and Twinbrook Circle (Route 867), in the Red Bud Magisterial District, and is identified by Property Identification Numbers (PINs) 65-A-49B and 65-A-55. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 3, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 24, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval ofthis rezoning to be in the best interest of the public health, safety, welfare, and in conformanee with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 49.70 acres from RA (Rural Areas) District to RP (Residential Performance) District and 24.09 acres from RP (Residential Perforn1ance) District with Proffers, as described by the application and plat submitted subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Nay Lynda J. Tyler Aye Barbara E. Van Osten Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 085 PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE VI. RP RESIDENTIAL PERFORMANCE DISTRICT: SECTION 165-64. RECREATION FACILITIES. THIS IS A REOUEST FROM GREENWAY ENGINEERING REGARDING WAIVERS FOR ADDITIONAL RECREATIONAL FACILITIES FOR HOUSING TYPES WITH LOT SIZES LESS THAN 5. 000 SOUARE FEET. - APPROVED Zoning and Subdivision Administrator Mark Cheran advised that the Development Review and Regulations Subcommittee reviewed a request from Greenway Engineering to amend Section 165-64 ofthe Frederick County Zoning Ordinance. The proposed change would allow thc waiving, by the Board of Supervisors, ofthe community centerrequirement in proffered age-restricted single- family small lot subdivisions that contain less than 50 lots. The Planning Commission reviewed this request and recommended approval. Evan Wyatt, Greenway Engineering, advised that this request related to an age restricted project designed by Greenway. It was the applicant and Board's consensus that the community center requirement for small projects are too much. He requested Board approval of this request. Chairman Shickle asked how the limit of 50 lots was chosen. Mr. Wyatt responded that DRRS member Greg Unger had expenence with similar developments and suggested 50 lots. Supervisor Forrester asked if there was any feedback from Parks & Recreation. Zoning Administrator Cheran responded no. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved the changes to Section 165-64 ofthe Frederick County Zoning Ordinance, Waivers for Recreation Facilities. WHEREAS, an ordinance to amend Article VI - RP Residential Performance District, Chapter 165-64, Recreation Facilities, A(1) ofthe Frederick County Code, to allow waiving of the community center requirement in proffered age-restricted single-family small lot subdivisions that contain less than 50 lots was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval ofthis amendment on March 24,2005; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 086 July 20, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August 10,2005; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safcty, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Article VI - RP Residential Performance District, Chapter 165-64, Recreation Facilities A(I) ofthe Frederick County Code, is amended to allow waiving of the community center requirement in proffered age-restricted single-family small lot subdivisions that contain less than 50 lots. This amendment is amended as described on the attachment: S 165-64. Recreational facilities A. Housing types with lot sizes less than 5,000 square feet shall provide the following recreational units of equivalent recreational facilities for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single-family small lot housing shall provide a community center that provides for the equivalent of three age-appropriate recreational units for 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as guideline. The design of such facilities shall be approved at the time of site plan review. 1) The Board of Supervisors may provide a waiver for the community center requirement specified in j 165-64A in proffered age-restricted single-family small lot subdivisions that contain less than 50 lots. This waiver may be requested by the applicant during consideration of the Subdivision Design Plan if not Master Development Plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational unitsfor each 30 dwelling units, prorated is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a waiver by the Board of Supervisors. 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 Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 144. SUBDIVISION OF LAND: ARTICLE V. DESIGN STANDARDS: SECTION 24C. LOT REQUIREMENTS. THIS IS A REQUEST FROM GREENWAY ENGINEERING REGARDING WAIVERS OF THE PUBLIC STREET REQUIREMENTS FOR AGE-RESTRICTED COMMUNITIES. - POSTPQNED FOR UP TO 90 DAYS Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 087 Zoning and Subdivision Administrator Mark Cheran advised that The Development Review and Regulations Subcommittee discussed a request from Greenway Engineering to amend Chapter 144, Section 24 C, Subdivision of Land. The proposed change would allow the waiving by the Board of Supervisors ofthe public street requirements in proffered age-restricted communities. This would enable age-restricted communities to waive the public road requirement. The Planning Commission believed that only proffered age-restricted communities should be eligible for this waiver. The Planning Commission made another minor change to the wording of this amendment by specifying that the private street system layout should provide both the cross section (horizontal) and vertical section dimensional base and pavement detail that meets or exceeds VDOT standards. The purpose of this text change was to ensure that road construction met VDOT standards in the event the street was to be taken into the State's system at some future time. The Commission recommended approval of the amendment with the changes noted. Supervisor Van Osten stated that she was trying to figure out the advantage of this type of waIver. Administrator Riley responded "to restrict access". Evan Wyatt, Greenway Engineering, stated that a development cannot be a gated community if it does not have private streets. He stated that the cross section was not necessary, but that the vertical base was the most important. Mr. Wyatt went on to say that this waiver could be done in the R5 and R4 districts, but not in the RP (Residential Performance) District. He concluded by saying that it was important that this waiver be applicable only to proffered age-restricted communities. Supervisor Forrester asked if these streets could be brought into the VDOT system later. Mr. Wyatt responded no, not without the 50 foot cross section. Supervisor Forrester asked about emergency access. Mr. Wyatt responded that the rescue units would be provided with a pass to trigger the gate. Supervisor Van Osten asked ifthe Board was getting into a problem area with smaller roads. Mr. Wyatt responded no, as the zoning ordinance allows smaller streets. Supervisor Fisher asked about the inspection process for private roads. Mr. Wyatt responded that VDOT does not have a review requirement; therefore, the County Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 088 engineer would have to verify what was done. Supervisor Fisher stated that he was concerned because he has met with homeowners' associations with private streets where the vertical section does not exist. Mr. Wyatt stated that a provision could be added where an applicant would have to provide the Board with proofthat the work has been done right. He suggested that the Board table this issue tonight, if there was a need to revise the language. Supervisor Van Osten asked VDOT's representative about the lack ofa horizontal section. Engineer Lloyd Ingram responded that VDOT did not have an inspector on site all of the time. He stated that VDOT did spot checks, but regarding private streets, VDOT would not inspect the private road beyond its connection with VDOT right-of-way. Planning Director Lawrence advised that the County would follow the same process as VDOT where the builder would have an engineer seal/certify how the road was built. Chairman Shickle asked what recourse the County had if the road did not last at least one year. Director Lawrence responded that the County bonds private streets and this bond amount could be reduced or the County could hold a maintenance bond for one year after the development's completion. Supervisor Fisher suggested that the County require a third party inspector. Director Lawrence suggested that the County require a developer to submit a proposal detailing how the road would be built and maintained, in order to seek this waiver. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Fisher stated that he would like to see some typc of inspection requirement and process developed. Director Lawrence stated that once a homeowners' association is established, the residents will have concerns about the condition of the road, which will involve more staff time. Vice-Chairman Dove stated that the County does not release the bonds until the second coat is applied to the road. Any deficiencies will be seen during the time the subdivision is being Minute Book Number 31 Board of Supervisors Regular Meeting of 08124105 089 constructed unless it is a small subdivision. Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board postponed this proposed amendment for up to 90 days. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN OF STONEWALL PLAZA - APPROVED Planner II Candice Perkins appeared before the Board regarding this application. She advised that it was a proposal to develop 21.91 acres of property, zoned B-2 (Business, General), and located in the Stonewall Magisterial District. She stated the proposed uses are shopping center and retail services. A buffer will be provided between the project and the existing residential subdivision to the east. Access to the site will be via one commercial entrance off of North Frederick Pike and a new traffic signal will be installed at the entrancc. The applicant needs to work with VDOT to address off-site road improvements. The applicant has proposed pedestrian access to the site; however, it has been determined that the residents do not want this access; therefore, it will be eliminated. Planner II Perkins went on to say that there were no agency review comments provided for this project. The Planning Commission recommended approval of this master development plan with the transportation improvements described by the applicant. Supervisor Tyler stated that this plan has gone through the motions with positive staff conclusions; however, there appears to be a lot of reservations tied to the site plan for this project. Director Lawrence responded that the applicant is ready to submit a site plan. There was not a lot going on with the site plan, with the exception of the transportation issues. Stafffelt the VDOT issues should be brought to the Board. Supervisor Tyler asked what VDOT was doing with regard to the off-site improvements. Director Lawrence responded that staff was not saying that the applicant needed to address all ofthe off-site problems; however, they felt the Board should see what impact this project would Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 :090 have on the area. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board granted staff authority to administratively approve master development plan # I 0-05, Stonewall Plaza, with no pedestrian or vehicular access on to the site from the adjoining subdivision. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye SUBDIVISION OF JIREH ENTERPRISES, LLC - APPROVED UNDER CONSENT AGENDA This is a request to subdivide 15.74 acres into two lots consisting of 5.536 acres and 10.304 acres respectively. The property is located in the Stonewall Magisterial District and is zoned M-2 (General Industrial). This subdivision was approved under the consent agenda. BOARD LIAISON REPORTS Supervisor Tyler asked about the memo requesting the Board submit liaison reports in writing, to be included as part to the agenda packet. Administrator Riley responded that the board members could e-mail staff with the highlights of their reports and they would be compiled and put in the agenda. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Ewing suggested the County look at holding hazardous waste collections on another day besides Sunday. Administrator Riley advised that these dates were temporary because of the lack of facility space at the landfill. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05 091 FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:55 P.M.) QD Q<:~o Q U Richard C. Shickle Chairman, Board of Supervisors JOh~& Clerk, Board of Supervisors Minutes Prepared By: (--h . ~ E- 'I ; l L, ~bs Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 08/24/05