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HomeMy WebLinkAboutOctober 26, 2005 Regular Meeting 172 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 26, 2005, at 6:30 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 1. 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 Forrester, the Board convened in Closed Session pursuant to Code a/Virginia, 1950, as Amended, Section 2.2-3711 A (7) to discuss legal issues. 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 Barbara E. Van Osten Aye Aye Aye Aye Aye Aye Absent for vote 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 issues were discussed. The above motion was approved by the following recorded vote: Minnte Book Number 31 Board of Supervisors Regnlar Meeting of 10/26/05 173 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 CALL TO ORDER Chaimlan Shickle called the regular meeting to order. INVOCATION In the absence of a minister, Vice-Chairman Dove 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 he had one change to the agenda. Master Development Plan - Winchester Regional Airport; Tab 0, was pulled at the request of the Airport. This item will be rescheduled for the November 9,2005 Board meeting. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the agenda as presented. 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 the Board's consideration under the consent agenda: Memorandum Re: Request for Road Name Change - Tab F; Parks and Recreation Commission Report - Tab J; Road Resolution - Red Fox Run, Section II - Tab P. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the Consent Agenda as presented. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 174 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 CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the minutes from the October 12,2005 Regular Meeting. 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 Supervisor Van Osten, seconded by Supervisor Ewing, the Board approved the minutes from the October 18,2005 Worksession. 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 COMMITTEE APPOINTMENTS APPOINTMENT OF JAMES STILLWELL TO SERVE AS STONEWALL DISTRICT REPRESENTATIVE ON THE PLANNING COMMISSION - POSTPONED UNTIL NOVEMBER 9. 2005 MEETING Supervisor Tyler moved to appoint James Stillwell to serve as Stonewall District Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 17: representative on the Planning Commission. The motion was seconded by Supervisor Forrester. Vice-Chairman Dove stated that he would like to postpone this appointment so he could have more time to research the candidate. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board postponed the appointment of the Stonewall District representative to the Planning Commission until the November 9, 2005 meeting. 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 APPOINTMENT OF ROBERT GROGG TO SERVE AS FREDERICK COUNTY REPRESENTATIVE ON THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Dove, the Board appointed Robert Grogg to serve as Frederick County representative on the Handley Regional Library Board. This is a four year term, said term to expire November 30,2009. 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 ROBERT B. PERRY TO SERVE AS STONEWALL DISTRICT REPRESENTATIVE ON THE BOARD OF ZONING APPEALS - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved the nomination for reappointment of Robert B. Perry to serve as Stonewall District representative on the Board of Zoning Appeals. This is a five year term, said term to expire December 31,2010. (This nomination is forwarded to the Judge ofthe Circuit Court for final approval). The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 176 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye RESOLUTION (#025-05) REOUESTlNG FREDERICK COUNTY BE DECLARED AS DROUGHT DISASTER COUNTY - APPROVED Administrator Riley stated that, based upon the extremely dry summer, Cynthia Marston, Extension Agent, recommends the Board declare an agriculture emergency by adopting this resolution. Once the resolution is approved, staff will forward it to the Governor's Office for action. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Dove, the Board approved the Resolution Requesting Frederick County be Declared a Drought Disaster County. WHEREAS, the extended drought conditions in the County of Frederick have severely affected farmers; and WHEREAS, during the 2005 growing season, the County of Frederick has received considerably less rain than normal while experiencing unseasonably high temperatures; and WHEREAS, estimated losses of pasture agricultural crops are greater than 30% and losses for individual crops range from 15% to 30% for crops such as small grains, hay, alfalfa, and apples; and WHEREAS, Frederick County farmers need federal assistance in responding to their losses as the result of extreme dry weather. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors that the County Administrator is hereby directed to submit to Governor Mark Warner a request for assistance in obtaining federal disaster designation for Frederick County, which will make available federal assistance to Frederick County farmers, who have experienced crop damage and losses due to the excessive heat and on-going drought. ADOPTED this 26th day of October, 2005. 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 RESOLUTION (#026-05) CONSENTING TO PHASE II ANNEXATION BY ORDINANCE REOUEST BY THE TOWN OF STEPHENS CITY - APPROVED Administrator Riley informed the Board that the County has received notice from the Town of Stephens City stating their intent to annex into the town limits approximately 99-981 acres owned by Village Stephens City, L.L.C.located in the phase II annexation area. Legal counsel has reviewed Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 177 this request and Attorney Clay Athey's analysis of the process and believes the request complies with the intent ofthe Voluntary Settlement Agreement and also concurs with Mr. Athey's analysis. He concluded by saying that the Board is being asked to adopt a Resolution Consenting to Phase II Annexation by Ordinance Request by the Town of Stephens City. Chairman Shickle informed Mr. Athey that the letter from Mayor Ewing referenced as Exhibit 4 in the Consent Resolution was not in the packet. He went on to say that it would have been nice if the Town had followed what had been stated in the resolution. Mr. Athey apologized and stated that he would deliver Chairman Shickle's message to the Town. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the Resolution Consenting to Phase II Annexation by Ordinance Request by the Town of Stephens City. WHEREAS, pursuant to the Voluntary Settlement Agreement, hereinafter, the "Annexation Agreement" between the County of Frederick, hereinafter the "County" and the Town of Stephens City, hereinafter, the "Town", dated March 24, 2004, the Frederick County Board of Supervisors hereinafter the "Board" granted the Stephens City Town Council, hereinafter, the "Town Council" the right to a phased annexation of approximately 350 acres ofland south of the current corporate limits of the Town of Stephens City, hereinafter, the "Phase II Annexation Area"; and WHEREAS, pursuant to Section 4.3 of the Annexation Agreement, prior to the Town Council voting to adopt an ordinance to annex any tax parcels currently within the Phase II Annexation Area, the Town Council, under Section 4.3 (B) of the Annexation Agreement, must provide a Notice of Annexation to the County thereby declaring the Town's intent to annex any tax parcel within the Phase II Annexation Area; and WHEREAS, pursuant to Section 4.3 (C) of the Annexation Agreement the Town is permitted to annex tax parcels where the owner of the tax parcels in question actually represent in writing to be anncxed into the Town and the parcels are contiguous to the current Town boundary at the time of the written request; and WHEREAS, pursuant to Section 4.5 (B) of the Annexation Agreement, the Town must include in any Notice of Annexation they send to the County: (1) a metes and bounds description ofthe tax parcels within the Phase II Annexation Area to be annexed by the Town, (2) a Plat ofthe tax parcels within the Phase II Annexation Area to be annexed by the Town, and (3) a written statement of the Town's basis for annexing the parcels, including references to the specific subsections of the Annexation Agreement the permit the annexation of the specific tax parcels by ordinance; and WHEREAS, following receipt by the County of the Town's Notice of Annexation of specific parcels in the Phase II Annexation Area, the Board of Supervisors has a sixty (60) day notice period to consent to the proposed annexation ofthe tax parcels within the Phase II Annexation Area because the annexation is permitted under the terms of the Annexation Agreement; and WHEREAS, following receipt by the County of the Town's Notice of Annexation of specific parcels in the Phase II Annexation Area, the Board of Supervisors has a sixty (60) day notice period to consent to the proposed annexation ofthe tax parcels within the Phase n Annexation Miuute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 178 Area because the annexation is permitted under the terms of the Annexation Agreement; and WHEREAS, as the terms of the Annexation Agreement relate to this particular annexation request by the Town, the Village at Stephens City L.L.C. has requested, by letter dated August 2, 2005, that the Town annex its property into the Town; and WHEREAS, during its September 6, 2005 meeting the Town of Stephens City adopted a Resolution of Intent to Adopt an Ordinance of Annexation of the four tax parcels totaling approximately 99.981 acres owned by the Village Stephens City L.L.C.; and WHEREAS, pursuant to Section 4.3 (C) ofthe Annexation Agreement, the Lands of the Village at Stephens City to be annexed into the Town is wholly within the Phase II Annexation Area and the land also adjoins the current southern corporate limits of the Town of Stephens City; and WHEREAS, during the same September 6, 2005 meeting, the Town of Stephens City authorized its Mayor to provide to the County, pursuant to Section 4.5 (B) of the Annexation Agreement, aN otice of Annexation in the form of a Resolution ofIntent to Adopt the Ordinance 0 Annexation along with four exhibits required to be forwarded to the County under Section 4.5 (B) of the Annexation Agreement including: I. A letter dated August 2, 2005 from Village at Stephens City L.L.C., by counsel, Clifford L. Athey, If., Esquire to Michael K. Kehoe, Town Administrator for the Town of Stephens City requesting that the Town annex the lands of the Village at Stephens City L.L.c., in part because the land is wholly within the Phase II Annexation Area and is contiguous with the current Town Boundary. 2. A Plat of the Lands of Village at Stephens City to be Annexed into the Town of Stephens City prepared by Randy L. Stowers, C.L.S. of Montgomery Engineering Group Inc. 3. A metes and bounds description of Tax Map parcels 85-A-53, 85-A-53(A), 85-2-B, and 85- 2-C totaling 99.981 acres (The Lands ofthe Village at Stephens City L.L.C.) which is to be annexed into the Town of Stephens City by ordinance. 4. A letter from Mayor Ray Ewing to Chairman Richard Shickle and Members of Frederick County Board of Supervisors stating the Town of Stephens City's Basis for the Phase II Annexation of the Lands of the Village at Stephens City pursuant to the Annexation Agreement between the Town of Stephens City and Frederick County as required by the Annexation Agreement. The letter lists twelve separate subsections under the Agreement which permit Stephens City's requested annexation of the Lands of Village at Stephens City by ordinance; and WHEREAS, pursuant to the Resolution adopted by the Town Council at its September 6, 2005 meeting, the Town intends to authorize an advertisement for a Public Hearing at its December 2005 meeting in order to consider adoption of the annexation ordinance; and WHEREAS, the Resolution also request that the County notify the Town on or before November 25, 2005 (60 day notice period) that it consents to the annexation because the County agrees that it is permitted under the terms ofthe Annexation Agreement or in the event the County objects to the annexation, the Town requests that the County state in writing why it feels that the annexation is not permitted under the terms of the Annexation Agreement. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick, in a meeting held on the 26th day of October, 2005; 1. The Board of Supervisors ofthe County of Frederick, by this Resolution, pursuant to Section 4.5 (C) of the Voluntary Settlement Agreement Between the Town of Stephens City and Frederick County gives notice to the Town of Stephens City that it does not object to the proposed annexation ofthe lands ofthe Village at Stephens City because it is the opinion of Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 .179 a majority of the Board of Supervisors that the proposed annexation is in compliance with the Agreement. 2. The Board of Supervisors ofthe County of Frederick authorizes and directs its Chairman to execute this resolution on behalf ofthe Board and further that he communicate to the Town of Stephens City the Board's consent to the Phase II Annexation by the Town of Stephens City of the lands of the Village at Stephens City. 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 MEMORANDUM FROM ASSISTANT COUNTY ADMINISTRATOR RE: LEASE RENEWAL FOR THE DEPARTMENT OF HISTORIC RESOURCES (POSTPONED FROM OCTOBER 12. 2005 MEETING) - APPROVED Assistant County Administrator Kris Tierney advised that the Department of Historic Resources' lease for office space was up for renewal. This lease renews each year, provided there are no changes proposed. It is being presented to the Board for consideration of a one year renewal. Administrator Riley advised that staff recommends the Board authorize renewal for a period of one year and authorize the County Administrator to give the department 60 days notice, if the space is needed. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board approved renewal of the lease for one year, with the same terms; however, if the space is needed, then the County Administrator is authorized to give the department 60 days notice. 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 MEMORANDUM RE: REOUEST FOR ROAD NAME CHANGE - APPROVED UNDER CONSENT AGENDA The Board received a request from the GIS Director to change the name of Branch Banking Drive to Security Drive. This item was approved under consent agenda. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 180 MEMORANDUM FROM COMMISSIONER OF THE REVENUE RE: REOUEST FOR EXONERATION - APPROVED Administrator Riley advised that the Board received a request from the Commissioner of the Revenue to authorize the Treasurer to refund $5,645.59 in Public Service Corporation tax to Triton PCS License Co., Inc. There is no net revenue loss from this transaction. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the refund 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 SHENAIR RE: OZONE EARLY ACTION PLAN Chelsea Jenkins, Coordinator for Valley Air Now, appeared before the Board to review the Air Quality Outreach Program. She stated that, as a result of being designated as a non-attainment area by the EP A, Frederick County and Winchester entered into an Early Action Plan in order to comply with requirements. She stated that if all Phase I measures are met then Phase II measures do not have to be implemented. She stated that in 2006 they would be focusing on energy conservation and maintaining business contacts. Supervisor Van Osten complimented Ms. Jenkins and SHENAIR on ajob well done. CORRESPONDENCE FROM SUPERINTENDENT OF FREDERICK COUNTY SCHOOLS RE: REQUEST TO PROCEED WITH THE REPLACEMENT OF GAINESBORO ELEMENTARY SCHOOL - APPROVED PUBLIC HEARING AND ADOPTED OFFICIAL APPROPRIATION PROCESS Administrator Riley advised that the school board is requesting a supplemental appropriation in the amount of $1,000,000 in the school construction fund for the commencement of the architectural design, engineering, and site testing of a replacement school for the current Gainesboro Elementary School. The Board is being requested to advertise a public hearing and formal action on this appropriation and an accompanying reimbursement resolution. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the advertisement of the public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 .181 Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrcster Ayc Lynda 1. Tyler Aye Barbara E. Van Osten Aye Chairman Shickle asked the Board to adopt the official appropriation process that was approved by the School Board at its October 18,2005 meeting. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the following approval/appropriation process: Step One: Project Identification I. Nccd is identificd. 2. Preparation of scope of project and initial cost estimate - funded with facility planning dollars in the School Operating Fund. 3. Introduce project to the School Board with recommendation to place the project on the Capital Improvement Plan. Step Two: Capital Improvement Plan (CIP) The CIP is recognition and justification of the need for a project. I. School Board approves the project for placement on the school CIP. 2. Project is placed on the County Planning Commission documents. 3. Board of Supervisors reviews and approves the County CIP. Step Three: Project Approval 1. Board of Supervisors' approval and appropriation of architectural & engineering and land funds and approval of a reimbursement resolution applicable to VPSA bond funding. 2. Bidding of project and acquisition ofland. NOTE: Land acquisition through purchase, proffers, or donation can take place any time up to the design and engineering phase. However, it is difficult to prepare preliminary scoping estimates without a defined land site. Step Four: Appropriation 1. Board of Supervisors appropriate funds for construction and remainder of project costs. NOTE: Appropriation can be requested at the time of the budget cycle OR can be requested when the School Board is ready to begin a project - outside of the budget cycle. Step Five: Financing I. Borrowing to fulfill cash flow needs for six months. Other: I. Project-specific approvals include approval by School Board of the plans and specifications for the bid document. 2. Award ofthe bid for construction. This may require an adjustment in appropriation by the Board of Supervisors. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 182 3. School Board authorizes construction cost and issues purchase order. NOTE: Presentations regarding the project can occur at various points throughout the process or upon request of either body. 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 COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on October 18,2005. Members present were: P. W. Hillyard, III, Charles Sandy, Robert Hartman, Victoria Keelon, Ronald Madagan, Jeff Butler, Larry Sullivan, Cheryl Swartz. Items Requirin~ Board of Supervisors Action: 1. None. Submitted for Board Information Only: 1. Co-sponsored Group Requests - Mr. Sandy moved that the Commission accept applications for co-sponsorship from five organizations, with Blue Ridge Youth Soccer Association's co-sponsorship contingent upon deleting two items from their travel policy manual which states (1) a player's hair must be a certain length and (2) that any player on the BRYSA travel team cannot participate in another strenuous sport, second by Mrs. Keelon, carried unanimously (8-0). 2. Policy Revisions - Mr. Sandy moved to accept revisions to the Department's Field Closure and Cancellation Policy, second by Mr. Hartman, carried unanimously (8-0). Standin2: Committee Reports: 1. Fees and Charl!es Committee - The Committee recommends the Commission accept the proposed facility and program fees for FY 2006-2007, second by Mr. Sullivan, carried unanimously (8-0). 2. Buildin2s and Grounds Committee - The Committee recommends that staff meet with Frederick County Public Schools staff to discuss inclusion of indoor recreational facilities at the new Gainesboro Elementary School, similar to the 11 th elementary school. Committee also recommends staff discuss the concept of a community library with the Handley Regional Library for inclusion in the Gainesboro Elementary School, second by Mr. Sandy, carried unanimously (8-0). 3. Aauatic Facility Committee - Mr. Hillyard reported the County has received written notification from the City of Winchester that they be considered for partnership with the County on this project if a site within proximity of the city is selected. Mr. Sandy moved that the staff meet with city officials to determine site selection criteria before Miuute Book Number 31 Board of Snpervisors Regular Meeting of 10/26/05 .183 proceeding to the detailed phase ofthe project, second by Mrs. Swartz, carried unanimously (8-0). This report was approved under the consent agenda. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #15-05 OF LEON LARGENT ESTATE. SUBMITTED BY TRIAD ENGINEERING. INC. TO REZONE 30.01 ACRES FROM RA (RURAL AREAS) DISTRICT TO Ml (LIGHT INDUSTRIAL) DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED OFF AIRPORT ROAD (ROUTE 645). APPROXIMATELY 1.2 MILES FROM THE INTERSECTION OF AIRPORT ROAD AND FRONT ROYAL PIKE (ROUTE 522). DIRECTLY SOUTHEAST OF THE AIRPORT PROPERTY. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 64-5-1. IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Mike Ruddy appeared before the Board regarding this application. He advised that this was a proposal to rezone 30.01 acres from RA (Rural Areas) District to Ml (Light Industrial) District with proffers. The property is located off of Airport Road in the Shawnee Magisterial District. The rezoning conforms to the Comprehensive Plan and Route 50 East Corridor Land Use Plan. The existing road infrastructure is in good shape and can accommodate this rezoning. The applicant has proffered $20,000 for signalization construction and road improvements in the vicinity ofthe project, as well as a monetary contribution in the amount of$0.015 per building square foot for Fire and Rescue Services. The Planning Commission recommended approval ofthe application and suggested that the applicant utilize low impact best management practices on the site as well as reconsider the amount of the contribution to Fire and Rescue Services as the amount shown seemed to be low for a one-time payment. Supervisor Forrester asked if the two suggestions had been addressed. Deputy Director Ruddy responded no, the application has not changed and the proffers have not been modified. Denny Dunlap, Triad Engineering, appeared before the Board on behalf of the applicant. He stated that this rezoning application made sense and that it brings the property into conformance with the Comprehensive Plan and Airport Support Plan. He concluded by asking the Board to approve this request. Supervisor Forrester asked if the applicant was willing to utilize low intensity development and best management practices. Mr. Dunlap responded that the applicant was anticipating using best management practices Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26105 184 and they would try to utilize low intensity storm water management practices. Steep slopes on the property would be avoided and the applicant was working with the Valley Conservation Council on preserving Buffalo Lick Run. He concluded by saying that the Fire and Rescue contribution is comparable to those proffered in other rezonings. Supervisor Fisher questioned access to the property, as the applicant presently has a 12 foot access area granted by VDOT, but does not have an easement. He went on to say that it seemed like there were a lot of if s regarding this issue. Deputy Director Ruddy advised that the Freedom Manor rezoning was somewhat similar in nature in that the applicant did not have an easement, but proffered their commitment to obtain one as well as proffered that all road infrastructure would be installed prior to building. Director Lawrence stated that the Board was hearing the rezoning this evening, but when the property is developed and the applicant returns with a master development plan, then they must acquire the necessary right-of-way. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Fisher stated that he was going to rely on the language in paragraph C of the transportation proffer regarding access to the property to satisfy his concerns. Upon a motion by Supervisor Fisher, seconded by Vice-Chairman Dove, the Board approved rezoning #15-05. WHEREAS, Rezoning #15-05 ofthe Leon Largent Estate, was submitted to rezone 30.0 I acres from RA (Rural Areas) District to Ml (Light Industrial) District for warehouse use. The property is located off Airport Road (Route 645), approximately 1.2 miles from the intersection of Airport Road and Front Royal Pike (Route 522), directly southeast of the Airport property, and is identified by Property Identification Number (PIN) 64-5-1. WHEREAS, the Planning Commission held a public hearing on this rezoning on October 5,2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 26, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this 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 Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 .18~ Map to change 30.01 acres from RA (Rural Areas) District to Ml (Light Industrial) District for warehouse use, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and property owner. This ordinance shall be in effect upon the date of adoption. 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 OTHER PLANNING ITEMS WAIVER AND SUBDIVISION APPROVAL REOUEST FOR ANTHONY COOK AND SUBDIVISION #17-05 OF MEADOWFIELD - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this application. He advised that this was a request to subdivide 1.717 acres into five single family lots. The property is located on Meadowbrook Drive in the Opequon District. It is currently zoned RP (Residential Performance) District and the current land use if vacant. There were no adverse agency comments. The applicant is seeking a waiver ofthe following requirements: street frontage, curb and gutter, sidewalks, and street lights, as the adjoining properties do not have these improvements. The Planning Commission granted a waiver of the open space requirements, recommended approval of the other waiver requests, and recommended that staff be granted administrative authority to approve this subdivision. Supervisor Ewing asked if the requested waivers conform to the existing neighborhood. Zoning Administrator Cheran responded yes. Gary Oates, GreyWolfe, Inc., appeared before the Board on behalf of the applicant. He advised that the application had been submitted to all review agencies and changes have been made per comments received from the Public Works Department. Supervisor Ewing asked, if this project created drainage problems on adjoining properties, is the applicant liable. Mr. Oates responded yes. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board granted a waiver of the street frontage, curb and gutter, sidewalks, and street light requirements. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 186 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 Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board granted staff authority to administratively approve Subdivision #17-05. 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 LAND USE PLAN DISCUSSION - COMPREHENSIVE POLICY PLAN AMENDMENT (CPP A) - ARCADIA/ROUTE 50 EAST CORRIDOR - DENIED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised that this was a request from Arcadia Route 50 for a Comprehensive Policy Plan Amendment for a 59 acre parcel located on Millwood Pike in the Shawnee Magisterial District. The property is currently zoned B-2 (Business General) District and is located in the sewer and water service area. The parcel is also located within the Route 50 East Corridor Land Use Plan, which designates the entire parcel for business use. The applicant is requesting an expansion of the urban development area to include this parcel and a change in the Route 50 East Corridor Land Use Plan to change the parcel's designation from business to mixed use. The proposed change would allow residential uses subject to the property being rezoned. The applicant offered land for a possible aquatics facility; however, this facility and business uses are currently permitted in the B-2 District, but residential uses are not. The request is to reduce the amount of commercial land in order to allow residential development. The Comprehensive Plans and Programs Subcommittee had several concerns, including the proposed loss ofland along the business corridor and residential development adjacent to industrial development. The CPPS recommended denial of this application. The Planning Commission recommended denial of this request as well. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of Arcadia Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 .187 Development and this application. He stated that the applicant views Route 50 as a commuter corridor and proposed high end town houses as a good use for this site. He went on to say that he had talked to the Parks and Recreation Department about a possible site for the proposed aquatics facility. The site design is in keeping with the arterial design plan and the applicant was seeking to amend the Route 50 East Corridor Land Use Plan, expand the urban development area, and change the proposed land use designation to mixed use. Upon a motion by Supervisor Fisher, seconded by Supervisor Forrester, the Board denied CPPA #07-05. 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 Supervisor Fisher requested that staff consider waiving the application fee for this project and bring their recommendation back to the Board for final consideration at a subsequent meeting. Supervisor Van Osten stated that she would like to make this review broader to include any application that gets denied prior to going through the entire process. Vice-Chairman Dove stated that the fee should be refunded. LAND USE PLAN DISCUSSION - COMPREHENSIVE POLICY PLAN AMENDMENT (CPPA) - BOWMAN/SHOEMAKER PROPERTIES - DENIED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised that this was a request to expand the Urban Development Area and Sewer and Water Service Area to include four parcels totaling 79.41 acres. The property is located in the Opequon Magisterial District and is zoned B-2 (Business General) and RA (Rural Areas) Districts. The applicant is further requesting a mixed use land designation and is proposing a mixture of commercial, residential, and school uses on the site. The mixed use designation would allow residential development behind the property already zoned for business. Both the Comprehensive Plans and Programs Subcommittee and Planning Commission recommended denial. Some of the reasons cited included the lack of transportation improvements and school overcrowding. The Planning Commission felt this concept had merit, but wanted to see the UDA Study completed first. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 188 Evan Wyatt, Greenway Engineering, appeared before the Board as the applicant's representative. He advised that the applicant had visited with the school board regarding land needs at Sherando High School. The school needs additional land for practice fields and overflow parking. He concluded by saying that this application was recommended unanimously by the Board of Supervisors for further study. Supervisor Ewing stated that this application's timing was off, in light of the ongoing Urban Development Area and Rural Areas studies. He went on to say that his biggest concern was traffic. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board denied CPPA #09-05. 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 MASTER DEVELOPMENT PLAN - WINCHESTER REGIONAL AIRPORT - POSTPONED UNTIL THE NOVEMBER 9. 2005 MEETING This item was postponed at the request of the Airport. ROAD RESOLUTION (#027-05) - RED FOX RUN. SECTION II - APPROVED UNDER THE CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form SR - 5A, fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05 189 This item was approved under the consent agenda. BOARD LIAISON REPORTS Supervisor Fisher stated that he would have a more detailed report on the Sanitation Authority at the next meeting. He advised that the Red Bud pump station is moving along as is the Parking Mill Expansion. CITIZENS COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten asked about the Board's willingness to discuss a committee appointment process where names would be brought forward at one meeting and voted on that the next. Supervisor Tyler stated that it was not intentional to bring her committee appointment forward at the last minute. She asked if there were different rules for Stonewall than for other districts, as she could never recall the Board tabling any recommendation for a citizen committee membcr. 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. (8:50 P.M.) "'- \) () Q.. ,-5>. 0 ~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: C---nl1/ [_ ---lift ~bS Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 10/26/05