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HomeMy WebLinkAboutOctober 12, 2005 Regular Meeting 139 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, October 12,2005, at 7: 15 P.M., in the Board of Supervisors ' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman 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 regular meeting to order. INVOCATION Supervisor Fisher 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 the lease renewal request for the Department of Historic Resource - Tab G, has been removed from the agenda and will be considered at the October 26, 2005 meeting. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, 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 tabs for consideration under the consent agenda: - Request for Installation of "Watch for Children" Signs in Sovereign Village - Tab E; Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 140 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS Chairman Shickle informed those present that the Board would wai ve the Citizen Comment rules for the Master Development Plan #07 -05, Stephenson Village thereby allowing those citizens interested in addressing this item to speak at the time it is considered. There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED The minutes from the September 28, 2005 meeting were presented. A typographical error was corrected. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the minutes as corrected. 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 COUNTY OFFICIALS PRESENTATION OF NATIONAL ASSOCIATION OF COUNTY PARK AND RECREATION OFFICIALS fNACPRO) AWARD TO JIM STUTZMAN Jim Stutzman Chevrolet-Cadillac-Buick was chose Outstanding Contributor for accomplishments in the field of parks and recreation by the National Association of County Park and Recreation Officials. Chairman Shickle and Supervisor Tyler presented, on behalf of the Board, the NACPRO Award to Jim Stutzman. EMPLOYEE OF THE MONTH A WARD FOR OCTOBER, 2005 - GENE D. BOYCE- (RESOLUTION #022-05) - APPROVED The Board recognized Gene D. Boyce as Employee ofthe Month for October 2005. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 .141 WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employec of the Month award and candidates for this award may be nominated by any County employee; and WHEREAS, Gene D. Boyce, who serves as a Correctional Officer III for the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and WHEREAS, Gene is deserving of special recognition because of the exceptional performance of duty as the NRADC Automated Systems Administrator charged with operating and maintaining the Jail's three major inmate accountability, information, and communications systems. As a result of his dedication, Gene's performance far exceeded the expectations of his supervisors and contributed immeasurably to maintaining the NRADC security system at a reduced cost; and NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 12th day of October, 2005, that Gene D. Boyce is hereby recognized as the Frederick County Employee of the Month for October 2005; and, BE IT FURTHER RESOL VED, that the Board of Supervisors extends gratitude to Gene D. Boyce for his outstanding perfonnance and dedicated service and wishes his continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Gene D. Boyce is hereby entitled to all of the rights and privileges associated with this award. COMMITTEE APPOINTMENTS APPOINTMENT OF TRAVIS SAUNDERS TO FILL THE UNEXPIRED TERM OF BRETT BOYD AS MEMBER-AT-LARGE ON THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board appointed Travis Saunders to fill the unexpired term of Brett Boyd as Member-At-Large on the Historic Resources Advisory Board, said term to expire May 10, 2006. 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 REAPPOINTMENT OF JUNE WILMOT AS SHAWNEE DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board reappointed June Wilmot to serve as Shawnee District Representative on the Planning Commission. This is a four year term, said term to expire November 14,2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 .142 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 REOUEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS IN SOVEREIGN VILLAGE (RESOLUTION #023-05) - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby;" and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Wayfaring Drive (Route 1406), Rossman Boulevard (Route 1560), Godwin Court (Route 1561), Dover Drive (Route 1562), Wickham Terrace (Route 1563), Tilford Drive (Route 1564), Monet Terrace (Route 1565), and Van Gough Terrace (Route 1566), are located in a residential area and is within the secondary road system and is a viable candidate for "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at 1406 (Wayfaring Drive) from Rt. 1560 (Rossman Boulevard) to 0.13 miles east ofRt. 1560 (Rossman Boulevard); Route 1406 (Wayfaring Drive) from Rt. 1564 (Tilford Drive) to 0.14 miles east ofRt. 1400 (Morning Glory Drive); Route 1560 (Rossman Boulevard) from Rt. 657 (Senseny Road) to 0.14 miles north ofRt. 657 (Senseny Road); Route 1560 (Rossman Boulevard) from Rt. 1406 (Wayfaring Drive) to 0.27 miles north of Rt. 1562 (Dover Drive); Route 1560 (Rossman Boulevard) from Rt. 1562 (Dover Drive) to 0.07 miles north ofRt. 1561 (Godwin Court); Route 1561 (Godwin Court) from Rt. 1560 (Rossman Boulevard) to 0.142 miles east ofRt. 1560 (Rossman Boulevard); Route 1562 (Dover Drive) trom Rt. 1560 (Rossman Boulevard) to 0.083 miles east of Rt. 1560 (Rossman Boulevard); Route 1563 (Wickham Terrace) from Rt. 1562 (Dover Drive) to 0.07 miles north ofRt. 1562 (Dover Drive); Route 1563 (Wickham Terrace) from Rt. 1562 (Dover Drive) to 0.13 miles south ofRt. 1562 (Dover Drive); Route 1564 (Tilford Drive) from Rt. 1406 (Wayfaring Drive) to 0.07 miles north ofRt. 1406 (Wayfaring Drive); Route 1564 (Tilford Drive) from Rt. 1406 (Wayfaring Drive) to 0.07 miles south ofRt. 1406 (Wayfaring Drive); Route 1565 (Monet Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles east ofRt. 1564 (Tilford Drive); Route 1565 (MonetTerrace) from Rt. 1564 (Tilford Drive) to 0.09 miles west ofRt. 1564 (Tilford Drive); Route 1566 (Van Gough Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles east of Rt. 1564 (Tilford Drive); Route 1566 (Van Gough Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles west ofRt. 1564 (Tilford Drive). The signs should be placed in accordance with the provisions of Section 33.1-210.2 ofthe Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 12th day of October, 2005. This item was approved under the consent agenda. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 .143 REOUEST FROM COMMONWEALTH ATTORNEY FOR NEW POSITION - APPROYED The Commonwealth's Attorney requests a General Fund Supplemental Appropriation in the amount of $40,193. This amount represents additional Compensation Board funding for a new position approved by the state and not budgeted by the county in FY 06 budget. No additional local funds required. Upon a motion by Supervisor Van Osten, 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 MEMORANDUM FROM ASSISTANT COUNTY ADMINISTRATOR RE: LEASE RENEWAL FOR THE DEPARTMENT OF HISTORIC RESOURCES - REMOVED FROM THE AGENDA. WILL BE CONSIDERED AT THE OCTOBER 26. 2005 MEETING. MEMORANDUM FROM DIRECTOR OF ECONOMIC DEVELOPMENT COMMISSION RE: FY 2005 END OFYEARREOUEST FORFY 2006 BUDGET RE: OZONE ACTION COORDINATOR - APPROVED Administrator Riley advised that the Economic Development Commission requests a carry forward of allocated funds in the amount of$67,322.28. These monies represent the balance ofthe contract with the SHENAIR Institute at James Madison University for ozone action coordination services for Winchester/Frederick County. Upon a motion by Supcrvisor Ewing, seconded by Supervisor Van Osten, 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 COMMITTEE REPORTS PERSONNEL COMMITTEE REPORT - APPROVED The Personnel Committee met on Wednesday, October 5, 2005 at 9:00 a.m. with the following members present: Gina Forrester, Barbara Van Osten, Verne Collins, Philip Farley, and Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 Minute B Board of -------...----...-- ---- . Riley, Jr. Also present were Bruce Conover, NRADC, and Laura Withers with the ster Star. The following requests are recommended for approval by the Committee: 1. Request from the NRADC to reor~anize the Jail's Inmate Services Section: Review for restructure of the Jail's Inmate Services Section as follows: Reclassify Inmate Services Coordinator from a Range 21 to a Range 22; Reclassify Job Services Supervisor Range 21, ices Counselor Range 15, Substance Abuse Counselor Range 15, and an Inmate Case r Range 20 all to Inmate Program Specialist Range 19; Promotion of an Office Assistant II 7 to an Office Assistant III Range 9. No additional funding or personnel required. (See ent A.) - Approved --- 2. Request from the NRADC to reor~anize the Jail's Medical Section: Review request cture ofthe Jail's Medical Section. To create an Assistant Director of Nursing at a Range to change the Correctional Healthcare Assistant positions from a Range 18 to a Range 16. itional funding or personnel required. (See Attachment B.) - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board d items 1 and 2 as listed above. 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 3. Nomination for Employee of the Month - October: Review nomination from --. . strative Services Section of the NRADC for Officer Gene Boyce, for exceptional ance of duty as the NRADC Automated Systems Administrator during the month of August See Attachment C.) PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2005-2006 FISCAL YEAR BUDGET- PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2005-2006 BUDGET TO REFLECT: AIRPORT CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $956.234.65. THIS AMOUNT REPRESENTS CARRY FORWARD FOR THE UNFINISHED CAPIT AL PROJECTS: SCHOOL CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $962.761. THIS AMOUNT REPRESENTS $102.324 IN YEAR-END BALANCE FOR THE SCHOOL CAPITAL FUND AND $860.437 IN YEAR END BALANCE FOR THE SCHOOL OPERATING FUND: SCHOOL OPERATING FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $608.196. THIS AMOUNT REPRESENTS ADDITIONAL STATE DOLLARS FOR INCREASED STUDENT ENROLLMENT.- (RESOLUTION #024-05) - APPROVED -.-- Administrator Riley reviewed the items being considered. Chairman Shickle convened the public hearing. There were no public comments. ook Number 31 Supervisors Regular Meeting of 10/12/05 144 John R Winche request Program Job Serv Manage Range Attachm for restru 21 and No add approve Admim perform 2005.( .145 Chairman Shickle closed the public hearing. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on October 12,2005, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2005- 2006 Budget be Amended to Reflect: Airport Capital Fund Supplemental Appropriation in the Amount of $956.234.65. This Amount Represents Carry Forwards for Unfinished Capital Projects. Upon a motion by Supervisor Ewing, seconded by Vice Chairman Dove, the Board approved the Airport Capital Fund Supplemental Appropriation in the amount of$956,234.65. 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 Sehool Capital Fund Supplemental Aporopriation in the Amount of$962. 761. This Amount Represents $102,324 in Year-End Balance for the School Capital Fund and $860,437 in Year End Balance for the School Operating Fund. Supervisor Ewing moved to appropriate $500,000 to the School Capital Fund with the remainder to be placed in Fund Balance. The motion was seconded by Vice-Chairman Dove. Supervisor Tyler asked if $500,000 would be sufficient to meet the School's needs. She asked Dr. Dean if the School's had a priority project list. Dr. William C. Dean, Superintendent of Frederick County Public Schools, advised that there was a need for $1.2 million. He stated that neither he nor the School Board were in the position this evening to prioritize the project list. He went on to say that the Finance Committee had recommended full use of this funding for the schools and he did not receive any questions or communications prior to the meeting advising that the entire amount might not be appropriated. Supervisor Ewing stated that the Finance Committee's recommendation was to hold a public hearing and not a recommendation regarding usage or amounts. Lisa Frye, Finance Director for Frederick County Public Schools, advised that the total operating budget to maintain the 21 school sites was $775,000 and that much ofthis money is used up quickly. Supervisor Ewing stated that the $462,761 should be saved for future requests, such as fuel. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 146 Supervisor Van Osten stated she did not think it was prudent not to deal with th maintenance issues. Supervisor Forrester stated that it was short sighted not to address the repairs and shc coul not support the motion. Supervisor Fisher stated that the repair list looked realistic and that discussions should hav occurred before this evening, if the amount was to be reduced. There being no further discussion, the above motion was denied by the following recorde vote: Richard C. Shickle Nay Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Nay Gina A. Forrester Nay Lynda 1. Tyler Nay Barbara E. Van Osten Nay Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approve the School Capital Fund Supplemental Appropriation in the amount of $962,761. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye School Operating Fund Supplemental Appropriation in the Amount of $608.196. This Amount Represents Additional State Dollars for Increased Student Membership. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the above request for a School Operating Fund Supplemental Appropriation in the amount 0 $608,196. 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 ADOPTED, this 12th day of October, 2005. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 .147 PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #11-05 OF CARPERS V ALLEY. SUBMITTED BY PATTON. HARRIS. RUST & ASSOCIATES. Pc. TO REZONE 281.5 ACRES FROM RA (RURAL AREAS) DISTRICT TO R4 (RESIDENTIAL PLANNED COMMUNITy) DISTRICT FOR RESIDENTIAL AND COMMERCIAL USES. THE PROPERTIES ARE LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 81 ON THE SOUTH SIDE OF MILLWOOD PIKE (ROUTE 50 E). ACROSS FROM SULPHUR SPRINGS ROAD (ROUTE 655) AND THE RAVENS SUBDIVISION. ON THE NORTH SIDE OF THE AIRPORT. AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 64-A-82. 64-A- 83. 64-A-83A. 64-A-86. 64-A-87. 64-A-87A IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this application. He advised that this was a proposal to rezone 281 acres ofland from RA (Rural Areas) District to R4 (Planned Residential Community) District. Director Lawrence stated that the R4 zoning was not often utilized in the county, but the applicant felt this was an opportunity to utilize the combined residential/commercial component. He went on to say that ifthe Board approved this rezoning then the development of the property would be governed by design standards and proffers. The application proposes to construct 550 residential units on the eastern portion of the property. The remainder of the property will be used for B-2 (Business General) and government uses. Director Lawrence went on to say that the applicant has proposed two land offerings as part of this application: 10 acres for the National Guard Armory. 9 acres for a new Public Safety Building. The two parcels will be dedicated to the County. The revised proffers address the staffs concerns, but VDOT will address their concerns tonight. The County's Comprehensive Plan identifies the land south of Route 50 and north of the airport for future business office uses. The applicant is proposing to transition from the airport to the residential uses to the north. The Land Use Plan calls for a collector road system and the applicant has proffered a four lane road to comply with the Comprehensive Plan. Therc are a number of triggers for the four lane transportation system: Government uses would require immediate construction of this system. Development of commercial uses would require construction. Ifnone of these occur then the road will be built to four lanes by the year 2012. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12105 148 Director Lawrence advised that the applicant has requested three modifications to this application: 1. Modification #1: Submission of a Generalized Development Plan (GDP) at rezoning, in lieu ofthe Master Development Plan (MDP). (The MDP submission will follow rezoning approval, prior to development of the property.) 2. Modification #2: Allowance of a Mixture of Housing Types: Single-family attached (townhouses) and multi-family dwellings (apartments) would be predominant. 3. Modification #3: Allowance of a maximum of 60% of Total Gross Area of Business and Commercial Purposes. He stated that if the Board denied any of the three modifications it would not be appropriate to approve the rezoning application. Director Lawrence concluded by saying that the Planning Commission recommended approval of this rezoning application and advised that the revised proffers were revised as of October 12, 2005. Supervisor Van Osten advised that she had spoken with the School Board regarding revised student projection figures. She stated that this project would result in 220 students at build out (43 high school, 46 middle school, and 131 elementary school students). Jim Vickers, Owner of Oakcrest Companies, appeared before the Board on behalf of this application. He advised that his firm had been working with Miller & Smith on this project, which received a positive response from the Planning Commission. Mr. Vickers stated that he and the others involved in this project had listened to a number of issues and felt the residential units needed to be adjusted and were reduced to 550 units. The units will be broken down into 300 townhouse and 250 condominium units. When these units are sold, the applicant will contribute twice the monthly homeowners' association fee into an account, which could net between $55,000-$110,000 and could allow the association to have some reserve funds. The applicant has been in discussions with the Airport Authority and has listened to their concerns. They are currently in negotiations with the Authority for an acre for acre land swap that would allow the airport to expand. If a swap cannot be worked out then the applicant will hold the property off market for eight (8) years in order to provide the Authority with an opportunity to acquire the property. With regard to the proposed location for the new public safety building, Mr. Vickers advised that the revised proffers now allow the County to retain ownership of the property even if the building is not built. He concluded by saying that the uses on land bay #2 have been restricted to government and B-2 uses and that the firm and property are listed with the General Services Administration as an acquisition site. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 149 Chuck Maddox, Patton Harris Rust & Associates, reviewed the transportation for this project. He advised that Coverstone Drive would be the major collector and would intersect with Route 50 across from Sulphur Springs Road. He again reviewed the triggers for construction ofthe tour-lane road. He went on to say that in no way would this be a two lane road for a period longer than June 1,2012. The existing Carper's Valley entrance would, at the option of the General Services Administration, remain open as a gated access. The applicant has also offered a connection from Coverstone Drive to the adjacent property in order to facilitate a connection with Inverlee Way. He concluded by saying that water and sewer service are located on or adjacent to the site. Vice-Chairman Dove asked about a temporary western access to the property. Mr. Maddox responded that Coverstone Drive would end in a T-intersection with Prince Frederick Drive. He went on to say that the applicant would also provide $1,000 per dwelling unit to be used as matching funds for road improvements in this area. Supervisor Fisher asked about impacts to the existing Route 50, 522, and Interstate 81 intersection. Mr. Maddox responded that the Traffic Impact Analysis did not go to the I -81 interchange. Supervisor Tyler asked if the land swap would be acre for acre. Mr. Maddox responded yes. Vice-Chairman Dove asked about the Homeowners' Association fees. Mr. Vickers responded that Oakcrest would contribute twice the monthly fee into an account for the homeowners' association. He went on to say that it was Oakcrest and Miller & Smith's intent to build a majority of the units in order to that they can be involved in the start and finish of this project. Supervisor Forrester asked about the height of the condominium units. Mr. Vickers responded that they had potential to be 55 feet high. Supervisor Forrester asked VDOT's representatives if the revised proffers satisfY their concerns. Scott Alexander, Assistant VDOT Residency Administrator, responded "for the most part". He stated that there were still concerns with proffer 15.9, which states "The Applicant shall use its best efforts to obtain any necessary off-site right-of-way required for the completion of any traffic Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 150 improvements otherwise provided for herein at a commercially reasonable cost, but shall not b required to construct any improvements, including traffic signalization, if such right-of-way canno be obtained by it." Assistant Residency Administrator Alexander stated that this made him uneasy Supervisor Tyler asked ifthe traffic generation effect on the two lane road would be okay. Assistant Residency Administrator Alexander stated that he believes "we" are covered. Mr. Maddox advised that the applicant owns all ofthe right-of-way necessary to get to Princ Frederick Drive; however, they do not own the land for primary access to Prince Frederick Drive. The applicant is in the process of working with the Airport on this issue. He concluded by sayin that the applicant does have two points of connection to Route 50. Chairman Shickle convened the public hearing. Mark Flynn, Attorney for the Winchester Regional Airport, advised that the Airport coul not support residential development in the airport support area. He went on to say that the reason the airport support areas exists is because the airport is a significant economic development tool fo the county. The Authority has had significant negotiations with the developer and ifthe airport is to continue to grow, then it must grow on the north side. Mr. Flynn stated that the airport had made progress in negotiating an agreement with the applicant and it would entail the Airport conveying away wetlands that could not be developed. The applicant will convey a navigation easement and a disclosure statement will be put in all ofthe deeds. The agreement also includes land for right-of- way from Coverstone Drive to Prince Frederick Drive. Whitney Wagner, Stonewall District and representative of the Prince Frederick Group, spoke in favor of this rezoning primarily for security reasons. They have been working with the applicant for additional stand-off area and are also looking at a second way out of the property leased by the Corps of Engineers. Dave Worthington, Back Creek District, stated that he was in agreement with the comments regarding security at the Prince Frederick Group property. He would like for the applicant to consider protecting the existing wildlife habitat and wetlands. He encouraged protecting the streams with a conservation easement. He expressed concern about the overcrowding of Armel Elementary School. He concluded by asking the Board to table this issue in order to get these issues resolved. Dave McNeal, representing the Board of Directors of Raven Wing, advised that most ofthe Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 151 residents in the subdivision favored the possible jobs that will be created as part of this project. He asked what would happen at Inverlee Way. John Good, Jr., Stonewall District and representative of Blue Ridge Industries, statcd that he fully supported this application for rezoning. Patsy Gochenour, Red Bud District, expressed concern about water and sewer capabilities. She urged the Board to vote no on this project. Scott Donam, Virginia Department of Aviation, spoke against the proposed residential development to be located adjacent to the airport. Ray Hoover, resident of Airport Road, Winchester, spoke against the proposed cluster housing to be located near the airport. He showed two flight approach paths, one of which goes right over the proposed cluster homes. He stated that the Board should establish "a toll free number for complaints". Paul Anderson, Back Creek District and member of the Winchester Regional Airport Authority, spoke against the proposed rezoning. He stated that airports close when houses go in nearby. He concluded by urging the Board to take a long look at this project and its effects on the County. There being no further public comments, Chairman Shickle closed the public hearing. Mr. Maddox responded regarding Inverlee Way by saying that the applicant must close the crossover at the entrance to Carper's Valley in order for the Inverlee Way improvements to occur. With regard to the Airport Support Zone language, Mr. Maddox showed the following from the Comprehensive Policy Plan: "If new residential areas are allowed in the airport support area, aviation easements or other methods should be used to protect the operations at the airport." He stated that the all ofthe residential units would be sound proofed. Mr. Maddox went on to say that if residential units are allowed then they should be done in a certain way and the applicant intended to do that. Supervisor Tyler asked if legal counsel had reviewed the revised proffers. Director Lawrence responded no because they were received at 5:45 p.m. this evening. Supervisor Forrester asked if condominiums were preferable to townhouses. Director Lawrence responded that was a judgment call, as it depended on what the County Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 152 wanted to see. He stated that a variety of housing was better from a planning perspective. Supervisor Tyler asked the Airport's counsel ifthe eight (8) year caveat on purchasing the adjacent property was feasible. Mr. Flynn responded that the residential component ofthis project being located so close to the airport puts it in the back ofthe line for Federal and State dollars. He went on to say that from a practical standpoint, the Airport could not acquire the land. Supervisor Van Osten asked about mitigating the impact on streams. Mr. Vickers responded that the applicant would work with County staff regarding stream preservation and mitigating impacts. Supervisor Fisher stated that there were still issues with this application including the 2000 foot line, the airports land acquisition, and the land use map in the Comprehensive Plan. He stated that a lot of things in this application have merit, but "the compo plan is the compo plan and it will be my guiding light." He went on to say that ifthe plan needs to be changed to accommodate this project, then it needs to go through the process. Supervisor Fisher moved to deny rezoning application #11-05. The motion was seconded by Supcrvisor Forrester. Supervisor Tyler thanked Mr. Vickers for getting involved in this project. She noted that it did not follow the same process as a previous R-4 rezoning. She concluded by saying that the airport was an asset for the county. Supervisor Forrester echoed the same sentiments as Supervisors Fisher and Tyler. She stated that she was not comfortable moving forward with this application without legal counsel review of the revised proffers. There being no further discussion, the motion to deny rezoning application #11-05 was defeated by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Nay Director Lawrence advised that the Board should act on the three modifications requested Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 153 by the applicant prior to approving this rezoning application. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board approved Modification # 1: submission of a Generalized Development Plan (GDP) at rezoning in lieu ofthe Master Development Plan (MDP). (The MDP submission will follow rezoning approval, prior to development of the property.) Supervisor Forrester echoed her previous comments concerning legal review of the revised proffers. Thc 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 Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board approved Modification #2: allowance of a mixture of housing types; single-family attached (townhouses) and multi-family dwellings (apartments) would be predominant. Supervisor Forrester stated that she did not want to compromise the airport with cluster housing and that she was uncomfortable with this. 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 Nay Barbara E. Van Osten Aye Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved Modification #3: allowance of a maximum of 60% of Total Gross Area for business and commercial purposes. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Aye Aye Aye Aye Aye Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12105 154 Barbara E. Van Osten Aye Supervisor Forrester moved to postpone this application for 30 days in order to allow the applicant to work out unresolved issues. The motion was seconded by Supervisor Tyler. The above motion failed by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Nay Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Nay Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board approved Rezoning # 11-05 with revised proffers dated October 12, 2005. WHEREAS, Rezoning #11-05 of Carpers Valley, was submitted to rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for residential and commercial uses. The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 E), across from Sulphur Springs Road (Route 655) and the Ravens Subdivision, in the Shawnee Magisterial District, and are identified by Property Identification Numbers (PINS) 64-A-82, 64-A-83, 64-A-83A, 64-A-86, and 64-A-87A; and WHEREAS, the Planning Commission held a public hearing on this rezoning on July 20, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 12, 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 conformance 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 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for residential and commercial uses, 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 Nay Gina A. Forrester Nay Lynda 1. Tyler Nay Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #14-05 OF JCA IV WHITE HALL. LLC. TO REZONE 5 ACRES FROM RA (RURAL AREAS) DISTRICT TO Ml (LIGHT Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 155 INDUSTRIAL) DISTRICT AND 15 ACRES FROM Ml DISTRICT TO Ml DISTRICT WITH MODIFIED PROFFERS. THE PROPERTIES ARE LOCATED 950 FEET WEST OF INTERCHANGE 323 OFF 1-81. APPROXIMATELY 2. 560 FEET SOUTH OF REST CHURCH ROAD. ALONG PROPOSED ZACHARY ANN LANE. AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 33-9-6. 33-9-7. AND 33-9-8 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Assistant Planning Director Mike Ruddy appeared before the Board regarding this application. He advised that the some of subject parcels (lots 6 ,7, and 8) were part of an approved rezoning application #0009-90 of Whitehall Business Park. Application # 14-05 is a proposal to rezone 5.00 acres from RA(Rural Areas) District to M 1 (Light Industrial) District and 15 acres from M I (Light Industrial) District to Ml (Light Industrial) District with modified proffers. This applicant has proffered to address the road configuration at Rest Church Road and Zachary Ann Lane; extension of public water and sewer service from the east side ofI-8l to their development; and a monetary contribution to Fire and Rescue. The Planning Commission recommended approval of this application. 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 Forrester, the Board approved rezoning #14-05. WHEREAS, Rezoning #14-05 of JCA IV Whitehall, LLC, was submitted to rezone 5 acres from RA (Rural Areas) District to Ml (Light Industrial) District and 15 acres from MI (Light Industrial) District to Ml (Light Industrial) District with modified proffers for Caterpillar Maintenance and Sales Facility. The properties are located approximately 950 feet west from interchange 323 offI-8l, approximately 2,560 feet south of Rest Church Road, along proposed Zachary Ann Lane, in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINS) 33-9-6 and 33-9-8. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 21,2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 12, 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 conformance 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 rcvise the Zoning District Map to change 5 acres from RA (Rural Areas) District to Ml (Light Industrial) District and 15 acres from Ml (Light Industrial) District to Ml (Light Industrial) District with modified proffers for Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 156 Caterpillar Maintenance and Sales Facility, 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 Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #-07-05 OF STEPHENSON VILLAGE - POSTPONED FOR UP TO 60 DAYS Planner I Bernard Suchicital appeared before the Board regarding this application. He advised that this was a review of Phase I ofthe Stephenson Village Master Development Plan. The applicant has addressed all agency and County comments with the exception of Route 37. Staff received a revision last Friday for a proposed right-of-way on the southern boundary of the property to accommodate future Route 37. If the County agrees to this proposal then it will have to be included in the approved Master Development Plan. He concluded by saying that staff is seeking administrative authority to approve phase I of this Master Development Plan. Ty Lawson, attorney for the applicant, appeared before the Board on behalf of this application. He stated that this was an administrative process to approve this Master Development Plan. He briefly reviewed the history of this project and advised that the rezoning application was approved over two years ago. Mr. Lawson stated that this was a master development plan for phase I ofthis project. He went on to say that this proposed master development plan is in full compliance with the Zoning Ordinance, proffers, generalized development plan, and Subdivision Ordinance. The Planning Commission recommended approval and the applicant is requesting approval from the Board of Supervisors as well. Mr. Lawson stated that Route 37 was not part of the rezoning application, proffers, or Generalized Development Plan. The applicant has submitted a Master Development Plan that conforms to the proffers and Route 37 is not part of that. Mr. Lawson explained that Route 37 could not be part of this master development plan and if the applicant consented to including it then it would not be in conformance with the rezoning and proffers. He Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 .157 concluded by saying that this was an administrative process and not a public hearing. Chairman Shickle responded that he had made it clear that this was not a public hearing and that the Board was waiving the normal citizen comment rules in order to allow the public to speak at the time this application is considered, as stated earlier in the meeting. Chairman Shickle asked if there were any public comments relative to this proposal. Stannish P. Kugler, Stonewall District, spoke in opposition to this proposed Master Development Plan. Hc stated that the Route 37 corridor issue is settled in the County's Comprehensive Plan and the State Plan. He went on to say that a lot of life decisions have been made based upon the Option "C" alignment. He stated "we are your constituency and we are asking you to look out for us" and that deflection of Route 37 from the option "C" corridor would affect retirees and existing homes. He concluded by saying that the new proposed alignment was preposterous and the applicant should rework their plan to accommodate the 250' right-of-way for option "C". Chuck DeHaven, Stonewall District, stated that he had no desire to see this proposal delayed any longer than necessary and that the applicant's proposal is a step in the right direction. He went on to say that the Route 37 corridor is essential to address transportation in the long term, but to impact residents not previously impacted by Option "C" is wrong. He urged the Board to delay a decision on this Master Development Plan until these issues can be resolved. Trudi Dixon, Stonewall District, stated that she appreciated the alternate route, but it was not enough. She went on to say that corridor "C" had been approved through the federal level and that the alternate proposal should be approved by all levels of government as well. She stated that Route 37 should not be removed from the Comprehensive Plan without a public hearing and as long as it was part of the plan, it should be honored. Bill Meyer, property owner in the Stonewall District and resident of Lees burg, stated that it appears Shockey is trying to pretend that Route 37 is not there. He thought the route was chosen, but now they are acting like it is not there. Bob Boden, Stonewall District, stated that a lot of futures and lives have been based on Corridor "C". He asked how Corridor "C" could not be an option without a period of study. He went on to say that Corridor "C" needs to remain open while alternate routes are being studied. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 158 An unnamed male speaker stated that we all knew where Route 37 was to go and the developer knew that it ran through his property. Moving the road is not the way to do proper planning in this community and the route should be included on the Stephenson Village Master Development Plan. Gary R. Oates, Stonewall District, stated his opposition to any Stephenson Village Master Development Plan that does not conform to Route 37 Option "C". He went on to say that this needs to be shown on the master development plan until State and Federal officials sign off on another option. He stated that he waited until the location of Option "c" was decided before he built his home. He believes the Board still has the power to get Route 3 7 on the Master Development Plan. He concluded by saying that he believed the Board" does have a legal leg to stand on". Howard Kittel, Executive Director ofthe Shenandoah Valley Battlefield Foundation, stated that Corridor "c" goes through a substantial portion of2nd and 3rd Winchester and steps have been taken to preserve these properties since the environmental impact studies were completed. He believed the Board should give serious consideration to the proposed alternative as well as other options. Nancy Oliver, Stonewall District, stated that she was opposed to the Master Development Plan. Mary Ann Posey, Stonewall District, reminded the Board that over two years ago they were presented with a petition containing 4,200 signatures opposing the original Route 37. This route had not received State approval at that time. She stated that a new Route 37 would be set up like lubal Early Drive with exits to get off of and on to the road. She concluded by saying that a new road would not be knocking down people's houses. Mr. Lawson stated that there Is no doubt Route 37 is a hot issue. He stated that public hearings would be held to accept alternate routes, if land owners wanted to participate in that process. He explained that this applicant has gone through two rezonings and has submitted a proper plan that is ready for approval. Supervisor Tyler asked County Attorney Lawrence Ambrogi if the Board was in a position to make a substantial change to a proffered rezoning? Attorney Ambrogi responded that Mr. Mitchell had been dealing with this issue rather than Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 159 him and he did not feel comfortable issuing an opinion since he did not have all of the information. He concluded by saying that he would feel more comfortable letting Mr. Mitchell answer that question. Administrator Riley advised that responded that Mr. Mitchell had been contacted last week concerning possible legal issues; however, he has not issued an opinion. He stated that if it is the Board's desire to get an opinion from him that could be arranged. Chairman Shickle advised the Board that executive session was the best way to get a legal Op1l11On. Vice-Chairman Dove asked VDOT Resident Engineer lerry Copp ifhe had seen the revised plan for another location of Route 37. Engineer Copp responded that he had only seen it in the newspaper and what was shown tonight. Vice-Chairman Dove asked if it would be difficult for VDOT to work with staff and the applicant to come up with a location for Route 37. Engineer Copp responded that he had not had time to consider alternatives and more time would be needed. He advised that he could give advice in 60 days, but he was not sure about making a decision in that time. Supervisor Tyler asked MPO Transportation Planner lohn Bishop about the study process for Route 37 and what the modeling results showed. Mr. Bishop stated that a lack of access was the primary issue for Route 37. Supervisor Van Osten asked what types of studies need to be undertaken or could the County build off of existing studies. Mr. Bishop responded that the County could build off of existing studies. Chairman Shickle asked how MPO staff could assist the County. Director Lawrence responded that staff could work with MPO staff and VDOT to get advice, etc. Chairman Shickle stated that it sounded like there was an option out there if the Board decides it wants to explore it. Supervisor Tyler stated that the Board should take advantage ofthe applicant's generosity. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 160 She went on to ask if the County would be able to show that a shift or access point would work. Vice-Chairman Dove stated that Route 37 is in the Comprehensive Plan and he wants it in the subdivision if the master development plan is to be approved. He went on to say that he woul like to see the original corridor or a workable alternative. Supervisor Ewing echoed Vice-Chairman Dove's remarks. Supervisor Forrester stated that she was initially against the proposed industrial park and she was not thrilled with the residential component, but she believes the master development plan conforms to the ordinance. She went on to say that she would support looking into the area in the lower portion of the property for an alternative route. Supervisor Fisher believed that the Board was able to get somewhere with the alternative that has been offered, but it needs to be studied. He went on to say that the Route 37 corridor needs to stay within the Stephenson Village property and the Board needs to see how is goes through undeveloped properties. Director Lawrence advised that Planning staff would look to VDOT, Mr. Bishop, and the experts for guidance regarding this study. Chairman Shickle stated that the Board wants to know if the road can fit in the proposed alternate area and how long it would take staff to have their findings to the Board. Assistant Administrator Tierney advised that 60 days was a reasonable time line. Administrator Riley agreed, but said it might be completed sooner. Supervisor Van Osten stated that she was pleased to see the study area on the master development plan. Mr. Lawson advised that the alternate proposal was not part ofthe master development plan. He went on to say that the only item before the Board tonight was a master development plan that complies with the County's ordinances. He reiterated that the alternate proposal for Route 37 was not part of the master development plan application. Supervisor Shickle asked Mr. Lawson what a 60 day delay would do to the master development plan and if it was a problem. Mr. Lawson responded that he believed it was a problem because the applicant wanted the project to go forward. He went on to say that the applicant would continue to work with the County, Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 161 but a delay would hurt them in the course of the project. He concluded by saying that the applicant views the master development plan and the alternate Route 37 proposal as separate issues. Supervisor Tyler stated that the Route 37 plan needed to go back to the drawing board in order for it to be a transportation solution. She went on to say that alignment "c" was never an alignment. Supervisor Tyler stated that there needed to be a solution for the community and she felt the developer had done a good service. She concluded by saying that she would like to take advantage of that good service in order to disrupt as few lives as possible. Supervisor Tyler moved to grant staff authority to administratively approve Master Development Plan #07-05 with the understanding that the developer has offered a two year period to study the southern boundary for a possible alignment for Route 37. The motion was seconded by Supervisor Forrester. Supervisor Van Osten asked what would be the time frame for development activity to begin if the Board granted administratively approval? Evan Wyatt, Greenway Engineering, responded six months to one year. The above motion failed by the following recorded vote: The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Nay Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Nay Supervisor Forrester asked if the Board could turn down the plan ifit conforms entirely to what has been approved. Director Lawrence responded that staff believes it conforms to everything, but Route 37. He went on to say that the waiver granted at the rezoning affected the generalized development plan and not the master development plan. Supervisor Fisher stated that he was hearing that the Board wanted to take time to look at the proposed alternative and discuss legal issues. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Ewing, the Board postponed Master Development Plan #07 -05 for up to 60 days in order to give the applicant, County Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 162 staff, and VDOT an opportunity to work on a mutually acceptable alignment for Route 37 in Stephenson Village. Supervisor Tyler stated that she was concerned that the applicant's offer might not stand with a delay. 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 Nay Barbara E. Van Osten Aye DEVELOPMENT IMPACT MODEL - APPROVED Patrick Barker, Executive Director of the Winchester Frederick County Economic Development Commission appeared before the Board regarding the Development Impact Model. He reviewed the issues requiring Board action and asked that they take action this evening. The outstanding issues for the Board's consideration were: 1. Does the Board wish to use outputs from the Development Impact Model for understanding projected capital facilities impacts of rezoning requests? Upon a motion by Vice-Chairman Dove, seconded by Supervisor Ewing, the Board voted to use the outputs from the Development Impact Mode for understanding proj ected capital facilities impacts of rezoning requests. 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 Chairman Shickle advised that it was 11 :00 p.m. and per the Board's Rules of Procedure, a majority of the Board must agree continue the meeting or adjourn. The Board consensus was to extend the meeting beyond 11 :00 p.m. 2. Using outputs from the Development Impact Model, how does the Board wish to calculate the capital facilities impact of a rezoning request? Director Barker stated that this was a two-fold process with credit given for phasing. He Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 .163 stated that this process would also be used for mixed use projects. Supervisor Forrester stated that she was not in favor of a 15% phasing discount for residential only projects. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board voted not to give a 15% credit for any development project regardless of phasing. 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 3. Does the Board wish to phase any increase to capital facilities impacts? Upon a motion by Supervisor Tyler, seconded by Supervisor forrester, the Board voted no to phase any increase to capital facilities impacts. 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 4. How does the Board wish to address the public school children per dwelling unit values? The Board asked Al Orndorff, Superintendent for Administration, if he agreed with the figures used in the model to calculate student projections. Mr. Orndorff responded yes. Upon a motion by Supervisor Fisher, seconded by Supervisor Tyler, the Board approved the public school children per dwelling unit values. 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 Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 .164 5. How does the Board wish to allocate its licenses of the Development Impact Model? Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Boar approved the following allocation of Development Impact Model licenses: Finance Department 1 Planning & Development Department 2 County Administration 1 Economic Development 1 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 6. What process does the Board wish to implement for updating the Development Impact Model? Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the following committee membership to provide recommendations to the Board for updating the Development Impact Model: Economic Development Commission I Planning & Development 2 County Administration I Board of Supervisors 1 Frederick Co. Public Schools 1 Top of V A Building Assoc. 1 Finance I with the committee's annual updates of critical inputs to occur within two months of adoption ofthe Frederick County Budget. 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 7. When does the Board wish to implement the process? Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board approved implementation of the new Development Impact Model as of December 1,2005. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 165 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 BOARD LIAISON REPORTS Chairman Shickle advised that he did not receive many responses from the Board regarding the Rural Areas proposal. He asked that they be sent to him by Friday. CITIZEN COMMENTS Gary Oates, Stonewall District, presented the Chairman with a proposed alternate corridor for Route 37 through the Stephenson Village property. He advised that this corridor follows the power line easement and has curves with Y, mile radius. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (11 :40 P.M.) Q () ... Q~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~~..; C '-f.~ Jay . T(J>bs Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 1 0/12/05