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HomeMy WebLinkAboutJuly 9 2014 Regular Meeting Minutes001 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, July 9, 2014 at 6:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells, CALL TO ORDER Chairman Shickle called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Code Section 2.23711 A (1) to discuss personnel matters, specifically, the process for filling the upcoming vacancy in the county administrator's position. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gazy A. Lofton Aye Robert W. Wells Aye Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving personnel specifically, the process for filling the upcoming vacancy in the county administrator's position, pursuant to Virginia Code Section 2.2. -3711 A (1). The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Minute Book Dumber 40 Board of Supervisors Regular Meeting of 07/09/14 �V� Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye INVOCATION Supervisor Collins delivered the invocation. PLEDGE OF ALLEGIANCE Vice- Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED County Administrator John R. Riley, Jr. advised he had no changes to the agenda. Upon a motion by Vice�Chainman DeHaven, seconded by Supervisor Lofton, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisor comments. MINUTES - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the minutes from the June 25, 2014 regular meeting by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD (RESOLUTION #001 -14) -� GEORGE A. HOSBY APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved George A. Hosby as employee of the month for June 2014. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's Minute Book Number 44 Board of Supervisors Regular Meeting of 07/09/14 X03 employees are a most important resource; and WHEREAS, an September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and WHEREAS, George A. Hosby who serves the Northwester Regional Adult Detention Center was nominated for Exnplayee of the Month; and WHEREAS, George A. Hosby, an Of£'icer who can best be described as an all- around solid performer.. He is very dedicated to his chosen profession, is vary motivated, always gives 100% at whatever task he is assigned and is always pleasant in dealing with others. Officer Hosby has demonstrated that he is readily available to fill -in duxing periods of staff shortages and portrays a sound understanding that his availability can easily make a difference in a safe and secure workplace for all the officers; and NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 25�' day of June, 2014, that George A. Hosby is hereby recognized as the Frederick County Employee of the Month for June 2014; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to George A. Hosby for .his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that George A. Hosby is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. laeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COMMITTEE APPOINTMENTS APPOINTMENT OF PRIMA PATAL TO THE WINCHESTER - FREDERICK COUNTY CONVENTION AND VISITORS BUREAU - APPROVED - Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board appointed Pxiya Patel to the Winchester - Frederick County Convention and Visitors Bureau to f 11 the unexpired term of Rainee Simpson. Tenn expires June 30, 2015. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Minute Book ]lumber 4a Board of Supervisors Regular Meeting of 07/09/14 APPOINTMENT OF STEPHEN PETTLER AND PHILIP A. LEMIEUX TO THE DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board appointed Stephens Pettler and Philip A. Lemieux as Top of Virginia Building Association representatives to the Development lmpact Model Oversight Committee. This is a one year appointment. Term expires June 28, 2p 15. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A, Hess Aye Gary A. Lofton Aye Robert W. Wells Aye RE VEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - eppunvF.n Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund a taxpayer the amount of $2,792.54 for half of 2011, all of 2012, 2013, and 2014 real estate taxes, based on the proper filing of proof of 100% permanent and total disability directly due to military service, as required under the Virginia Code change as a result of the Constitutional amendment that took effect for 2011. Upon a motion by Vice�Chairman DeHaven, seconded by Supervisor Hess, the Board appraved the above refund request and supplement appropriation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. We11s Aye REQUEST TO SCHEDULE WORK SESSION WITH THE FREDERICK COUNTY ECONOMIC DEVELOPMENT AUTHORITY -- WORK SESSION SCHEDULED The Board of Supervisors scheduled a work session with the Economic Development Authority for Tuesday, August 19, 2014 at noon. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, June, 24, 2014 at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: Minute Book Number 40 Board of Supervisors Regular Meeting of 07/09/14 .. . ** *Item Requiring Action * ** 1. Proposed Increases in Building Inspection Fees The committee unanimously endorsed minor increases in building inspection fees. The proposed increases are reflected in the attached summary along with a brief explanation from the Building Official, Mr. John Trenary. (Attachment 1} Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the increased building inspection fees. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** I. Carry Forward Requests The committee reviewed and unanimously endorsed carry forward requests from. the following budgets: landfill, road administration, animal shelter, and Shawneeland. These requests are explained in the attached memorandums. For the most part, these requests are related to projects or purchases which could not be initiated or completed in the current fiscal year. (Attachment 2} 2. Discussion with the Fire Marshal Regarding Fee Increases The committee engaged the fire marshal in a discussion centered on their role in assisting the building inspection department related to plan review and inspections of fire safety issues such as sprinkler systems, emergency lighting, etc. Basically, it was concluded that the building off cial through the inspection department has the legal responsibility for issuing building permits and certificates of occupancy. The fire marshal's office has the legal responsibility for enforcing the f re code after the building is occupied. The committee concluded that even though there was some duplication of effort during the initial permitting and construction phases, it was advantageous to Frederick County to have both departments involved in the review and inspection of fire safety items. The fire marshal indicated that he plans to present proposed fees for inspections related to occupied structures at a future public works committee meeting. 3. Miscellaneous Reports a) Tonnage Report (Attachment 3} b) Recycling Report (Attachment 4} c) Animal Shelter Dog Report (Attachment 5} d) Animal Shelter Cat Report (Attachment 6} PUBLIC HEARING Minute Book Number 40 Board of Supervisors Regular Meeting of 07/04/14 ��i PUBLIC HEARING - ORDINANCE AMENDING THE SPECIAL ASSESSMENT FOR THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY AND AUTHORIZING THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BY AND AMONG THE BOARD OF SUPERVISORS THE _RUSSELL 150 LANDOWNER, AND THE RUSSELL 15D COMMUNITY DEVELOPMENT AUTHORITY — (RESOLUTION #005 -14} - APPROVED County Attorney Rod Williams addressed the Board regarding this item. He advised this was a prapased ordinance to amend the 2006 special assessment ordinance for the Russell 150 Community Development Authority. He briefly reviewed the history of the community development authority. He went on to say this prapased ordinance would amend the CDA special assessment amount to reflect the remaining outstanding balance. He concluded by saying this proposed amendment would facilitate payment of the special assessments. Roger Wiley, CDA legal counsel, appeared before the Board regarding this item. He stated that he had had the opportunity to review the documents the Board was being asked to approve. He went on to say the CDA Board met earlier in the afternoon and approved the amended MOU and authorized its chairman to sign. Ty Lawson, attorney for the property owner and bond holder, appeared before the Board on behalf of his clients. He stated they were here tonight seeking an approval to amend the MOU and to correct erroneous assessments. He Hated that in May 2013, the Board, upon recommendation of the CDA, approved an amended term sheet. This was done to correct the numbers. He stated the key tonight was for the Board to approve the ordinance to allow for the amended MOU. He noted there were no public dollars associated with this project or this action. He concluded by asking the Board to approve the amended MOU. C. William Orticloff, Jr., Frederick County Treasurer, appeared before the Board regarding this item. He stated it was important for 'his office to equally apply all county ordinances and the Cade of Virginia fair and equitably to all taxpayers. He went onto to say this proposal, as presented, deviated from these principles and he could not support it. Chairman Shickle convened the public hearing. Robin Casey, City of Winchester, stated her family owned property in the Shawnee Magisterial District. She stated that this proposal should ensure that all real estate and property taxes and fees need to be paid. She went on to say that, as a community resident, tax revenue needs to be used to build the community. She concluded by saying that all parties need to act in accordance with this. There being no further public comments, Chairman Shickle closed the public hearing. Minute Book Number 40 Board of Supervisors Regular Meeting of 07/09/14 : � Supervisor Hess suggested a word change to the ordinance. He stated he would like to see the word "erroneously" changed to "be in need of correction ". Mr. Wiley stated erroneous is the basis upon which the CDA and the Board of Supervisors have the authority to change the assessments. Supervisor Hess accepted the explanation. He then noted the words "Amendment" in section 3 should be replaced by the work "ordinance ". Chairman Shickle stated he was seeking a motion on the proposed ordinance and the change to Section 3 noted by Supervisor Hess. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the Ordinance amending the special assessment for the Russell 150 Community Development Authority and authorizing the first amendment to the Memorandum of Understanding by and among the Board of Supervisors, the Russe11150 landowner, and The Russell 150 Community Development Authority, with changes.as previously noted. WHEREAS, the Board of Supervisors of the County of Frederick, Virginia (the "Board ") created the Russell 154 Community Development Authority (the "CDA "} by Ordinance enacted March 9, 2005; and, WHEREAS, the CDA previously, in 2006, requested that the Board establish special assessments on the property within the CDA District; and, WHEREAS, pursuant to that request, by Ordinance enacted May 24, 2006, the Board established special assessments {the "Special Assessments ") on the property within the CDA District and authorized entry into a Memorandum of Understanding (the "Memorandum of Understanding ") among the Board, Russell 150, LC, as the original owner and developer of the property within the CDA District, and the CDA, such Memorandum of Understanding setting Earth certain agreements with Russell 150, LC and with the CDA; and, WHEREAS, the CDA issued bonds (the "Bonds "} to finance certain public improvements to benefit property within the CDA District; and, - WHEREAS, the Bonds were to be repaid exclusively from the Special Assessments, and no County tax revenues or other County funds have been or will be expended far that purpose; and, WHEREAS, Russell 150, LC defaulted on certain of its obligations with respect to the Special Assessments, the Memorandum of Understanding and the property within the CDA District, resulting in delinquencies in the payment of real property taxes and the Special Assessments, and resulting in the purchase of the Property, at acourt- ordered sale, by R150 SPE, LLC, which entity therefore takes the place of Russell 150, LC for purposes of the CDA, the Special Assessments, the Memorandum of Understanding, and the Bonds; and, WHEREAS, a portion of the original principal amount of the Bonds has been redeemed, but a balance of $5,749,000 remains outstanding; and, WHEREAS, MMA Realty Capital, LLC, having previously executed a debt service reserve fund def ciency agreemenfi, as security for the repayment of the Bonds, paid to the indenture trustee far the Bonds amount totaling $2,052,053 as amounts necessary to maintain the debt service reserve fund requirement far the bonds (the "Guarantor Advances "); and; Minute Book Number 40 Board of Supervisors 12egular Meeting of 07/04/14 i #: WHEREAS, those events have caused the amounts of the Special Assessments originally imposed to become erroneously high and in need of correction; and, WHEREAS, the original Special Assessments, now erroneous, have not been paid, and an amount in excess of $5,000,000 of them is being carried as delinquent on the books of the County Treasurer on behalf of the CDA, which has requested that they be removed and replaced with revised assessments in the cozxect amounts; and, WHEREAS, as a result, no funds are currently available to repay the Bonds or the Guarantor Advances; and, WHEREAS, the amendment of the Special Assessments and the amendment of the Memorandum of Understanding will facilitate payment of the Special Assessments and, as such, will benefit the citizens of the County by promoting increased employment opportunities, a strengthened economic base, increased tax revenues, and additional business opportunities not currently available in the local area. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. A royal of First Amendment to the Memorandum of Understandin . The First Amendment to the Memorandum of Understanding, including the accompanying Schedule 1 — Revised Special Assessment Roll and Exhibit A —Term Sheet, is approved in substantially the farm presented to the Board at this meeting, with such changes and corrections (including, without limitation, changes in the date thereof) that do not materially adversely affect the County's interests as may be approved by the County Administrator or the Chairman of the Board of Supervisors, whale approval shall be evidenced conclusively by the execution and delivery of the First Amendment to the Memorandum of Understanding. The County Administrator and the Chairman of the Board of Supervisors, or either of them, is authorized and directed to execute and deliver the First Amendment to the Memorandum of Understanding. 2. S ecial Assessment. By agreement among the Board, R150 SPE, LLC, and the CDA, pursuant to the Memorandum of Understanding, the Special Assessments to pay the costs of certain public improvements to benefit property within the CDA District are hereby amended and apportioned in accordance with the Schedule 1 — Revised Special Assessment Rall and Exhibit A —Term Sheet, accompanying the First Amendment to the Memorandum of Understanding, in substantially the form presented to the Board at this meeting. The CDA shall cause notice of the Special Assessments, as amended, to be reported to the County's Treasurer or other County official responsible for the collection of taxes. The Special Assessments, as amended shall be liens on the taxable real property in the CDA District in accordance with the provisions of Virginia Code Sections 15.2 -2404 et s_e�, 3. No Effect on Real Property Taxes or Administrative Expenses. Nothing in this Ordinance shall in any way affect the assessment or collection of regular County real property taxes on the real property within the CDA District, including but not limited to delinquent regular County real property taxes an the real property within the CDA District, which shall remain due and owing, including penalties and interest thereon, until paid. This Ordinance in no way operates to forgive ar abate any past, current, or future regular County real property taxes on the real property within the CDA District, including penalties and interest thereon. Furthermore, nothing in this Ordinance shall in any way affect the assessment or collection of administrative expenses (not to exceed $10,000 for first year of the Special Assessments and $7,500 per year thereafter) incurred in the assessment and collection of the Special Assessments, as provided for in paragraph 4(f) of the Memorandum of Understanding dated May 1, 2407. 4. Subse uezrt Resolution. The Board may make such additional changes or amendments to the Memorandum of Understanding as it determines to be necessary or appropriate by subsequent resolution. 5. Severability. If any part, section, clause or phrase of this Ordinance, or any individual assessment levied hereby, is declared to be unconstitutional or invalid far any reason, such decision shall not affect the validity of any other portion hereof or any other assessment Minute Book 1Vumber 40 Board of supervisors Regular Meeting of 07109I1a �1 hereunder. 6. Effective Date. This Ordinance shall be effective immediately. Enacted this 9`h day of July, 2014 Supervisor Fisher stated na county tax revenue had been expended for this project and there were no public funds tied to the action being taken by the Board. Supervisor Collins stated he had struggled with this for some time. He went on to say he wanted to make sure the public understands the special assessments are not monies due to the County. He stated the County was not forgiving taxes due the County. He noted the real estate taxes and any associated penalties would be paid. He concluded by saying this action cleans up a i4i�r�.Y.'�I Supervisor Wells agreed with Supervisor Collins. He went on to say if the Board did not do something then we would be looking at a property that would not be developed. He concluded by saying this is what is best for the County. Chairman Shickle stated he never thought it was reasonable that people who owed money to themselves should pay penalties on this money. There being no further discussion, the Board approved the ordinance by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E- Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE — CHAPTER 165 ZONING, ARTICLE V _PLA_NNED DEVELOPMENT DISTRICTS, PART 502 -R5 RESIDENTIAL RECREATIONAL COMMUNITY DISTRICT, SECTION 165 - 502.05_ ,_,DESIGN REQUIREMENTS. PROPOSED REVISION TO� REMOVE THE REQUIREMENT FOR R -5 COMMUNITIES MUST BE "AGE RESTRICTED COMMUNITIES" TO QUALIFY FOR PRIVATE STREETS, INCLUSION OF ADDITIONAL DESIGN STANDARDS FOR PRIVATE ROADS, AND _ MAINTENANCE RESPONSIBILITIES OF THE PRIVATE ROADS BY THE PROPERTY OWNERS ASSOCIATION. — RESOLUTION #002 -14 - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance amendment to allow private streets in the RS zoning district. She stated currently private streets are only allowed in age - restricted communities in the Minute Book lumber 40 Board of Supervisors Regular Meeting of 07/09/14 o�� RS District. She concluded by saying the Planning Commission recommended approval. Ty Lawson, attorney for the applicant, provided comments on the. staff report and highlighted the design standards. He stated the design standards came about as a result of the last Planning Commission meeting. He stated the applicant endorsed and appreciated the inclusion of these standards as part of the ordinance. He advised the applicant was requesting this amendment to allow property owners in the RS District to install private streets. He concluded by saying the applicant believed this was a good ordinance. Supervisor Collins asked how many lots were available in the subdivision. Hobie Mitchell, CEO of Lansdowne Group, responded 2,135 units had been approved. Supervisor Lofton asked about the sequence of events, particularly which would come first the house or the road. Mr. Mitchell responded that during construction of the houses is when most of the degradation of the roads occurs. Supervisor Lofton stated he was looking for assurance if the houses are being built and there is another downturn in the economy then the developer would bond the roads to make sure they are completed to each home. Senior Planner Perkins responded that with this proposal a bond would be required before the plats are approved. Chairman Shickle convened the public hearing. Michael Rey�nan, Opequon District, read the following statement: "Mr. Chairman, Supervisors. My name is Michael Reyman and I reside at Lake Frederick in Opequon District. Two years ago this Friday, nine Shenandoah homeowners held our initial meeting with Lansdowne Development as they began their due - diligence process prior to acquiring the Lake Frederick property. We spent over two hours hearing their market assessments and their initial thoughts on developing a mixed community of both age - restricted and non - age - restricted neighborhoods. At the conclusion of that meeting, I — as team leader of our homeowners group — summarized the three things we believed Lansdowne must accomplish to satisfy existing homeowners interests as they pursued their development vision for the property: • First, the age - restricted portion of the development must be of sufficient size to afford all the amenities and obligations of the then current MDP; • Second, the key to that affordability was finding creative solutions to the operations and maintenance costs of the large and incomplete clubhouse and community center amenities; • And third, agated- access solution must be developed for the east side of the lake so that ALL age - restricted residents would enjoy the gated community design we bought into. The first two items were quickly accomplished. Lansdowne brought in Shea Homes who committed to purchasing a substantially larger number of age - restricted lots than in Lansdowne's initial market assessment. And Shea brought along their Blue Star subsidiary with Minute Book Number 4fl Board of Supervisors Regular Meeting of 07/09!14 01� a proven track record of successfully managing amenities such as ours for the benefit of active adult communities. The gated - access, or private street, issue has, frankly, taken longer than any of us anticipated. And while that process has been frustrating at times, we do recognize and appreciate the careful deliberation that the County Supervisors, Commissions, Committees, and Planning Staff needed to give the issue. It was and is the right and appropriate approach to determining what is in the best interests of all parties. But now, the questions have been asked, the answers have been given, rind its time to act. Approving the requested ordinance change will enable our developer to apply to the county for permission to deliver what we the current residents stated as a fundamental requirement of the redevelopment plan for our community. And so we urge you to complete the process began two years ago and enact the proposed ordinance change before you. Thank you once again, on behalf of all Shenandoah homeowners, for' the consideration and effort the Supervisors, Commissions, Committees and County Staff have given to the issue. " Richard Setton, Opequon District, appeared before the Board and read the foilowing statement: "My name is Dr. Richard Setton and I am a resident of Lake Frederick in the Opequon District. First, and with the utmost respect and sincerity, I would like to thank the Board far the roles you play in representing the residents of Frederick County. Your questions and comments in this matter have been informed, thoughtful and helpful, and it's clear that we always need to explore in depth in order to understand the implications of our decisions. When I explored the 2009 core values of the Board, I found, in part, a mission `dedicated to providing responsible stewardsh� for county {ands to insure that citizens receive the best services possible or the. ands e�eraded' as well as 'expandin,� a commercial and industrial tax base in order to insure a viable and thrivin econom . ' I believe that our community meets the very intent. of those core values, and that the county approved MDP in 2001 recognized this very fact. Continuing to permit private streets to the entire development will enhance both the hest services possible as well as an o�o� thriving economy. Our community will consist of some 2I DD homes to families who have already enhanced that tax base, and who are no strangers to the challenges, benefits and pride of a gated community. Our current and proposed streets are all built to the VDOT standards proposed by the Planning Commission, we understand the requirements of a reserve that will sustain future street maintenance expenses, and we bring a wealth of previous life experience and knowledge to the management of community affairs. I'm aware that the county had previous negative experiences that supported your questioning our request, but I believe that each situation must be measured and evaluated on its own merits, and the merits attached to this community are substantial. What I'm saying is, don't equate our community's status with those failed others of the past. There are significant facts that are clearly different, and we ask that you examine those differences, not just the similarities. While our previous developer was unable to complete the project as planned, one only needs to visit our community to see that there has been no loss of quality, of substance and of pride, all of which have conveyed to the new developer, Lansdowne a testament to the differences between Lake Frederick and earlier communities who were unable to maintain these standards. After all is said and done, it's time to act on the substantial merits of this request. Minute Book Number 40 Board of Supervisors Regular Meeting of 67/09/14 0�2 Lastly, thank you for giving us the benefit of another of your core values — `A Board that understands the importance of clear communication and a willingness to listen. "' Kevin Walek, Opequon District, read the following statement: "Mr. Chairman; Supervisors; all. My name is Kevin Walek and I reside at Lake Frederick in Opequon District. I would like to again thank you for providing this opportunity to come before you and speak to you regarding the issue of Private streets for the Lake Frederick Community. Let me summarize some key elements of my wife's and my support for the ordinance change recommendation sent to you by the planning commission: • We believe an integrated private street development o Will provide benefits to all homeowners; o Will eliminate complexities; and o Avoid challenges in the governance and day -to -day management of the HOA. We believe the recommended ordinance changes will be key to properly integrating the demographic and socio- economic considerations that brought us to this area, and were recently underscored by John Martin speaking to the Northern Shenandoah Valley Regional Commission. Specifically: • Aging baby boomers will fuel the area's economy in the short term but younger `life - style' seekers will became an increasing percentage of the area's population over the next two or three decades; • Boomers are re- defining what it's like to grow old: looking at the promise of aging, NOT the problems of aging; • Younger life -style seekers are looking for place first, career and jab second. They want a sense of plan and community, carefree living and sustainability. Thus allowing private streets for such a community will: • A1ign both costs and benefts with the residents of the community. • In an age where less and less transportation funding will be taming from the State, such an alignment will relieve the County's general taxpayers the burden of funding the maintenance and repairs of public streets therein. As previous speakers have noted, approving the recommended ordinance change will enable our developer to apply to the county for permission to deliver what we, the current residents, stated as a fundamental requirement of the redevelopment plan for our community. And so we urge you complete the process begun two years ago and enact the proposed ordinance change before you. Thank you once again, on behalf of Shenandoah homeowners, for the consideration and effort the Supervisors, Commissions, Committees, and County Staff have given this issue. " Larry Atkinson, Opequon District and resident of Lake Frederick, asked the Board to vote for the proposed ordinance changes. He asked that the Board's deliberations be guided by the comments of Planning Commissioner Thomas, who stated if the proposed ordinance is not extremely specific "we will not get what we want ". He asked that any changes adopted be very clear about their intent: • Do not differentiate between age - restricted and non -age- restricted communities; • Adopt the Planning Comrission changes; and Minute Book Number 4p Board of Supervisors Regular Meeting of 07/09/14 X13 • Adopt language that requires the homeowners' association provide sufficient, reasonable analysis that the community can meet all future obligations. Dr. Carol Delacruz, Opequon District and resident of Lake Frederick, provided the following statement: "Mr. Chairman, Board, my name is Dr. Carol Delacruz, a resident of Shenandoah at Lake Frederick in the Opequon district. I appeared before you fn May and before the planning commission in June, so I will not repeat what I said at those meetings. My colleagues mentioned many reasons why we feel so strongly that our community should be gated in its entirety. HOA governance, snow removal, community unity, to mention a few. We presently ALREADY have two age restricted sections with private streets, one is gated, the other, not as yet. As you know, the original developer applied for and was granted the necessary ordinance for private streets throughout our community of 21 DO homes. And, as stated previously we expect at completion of the current development plan, 72% of those streets will remain private. The only change in our community is that it will now be comprised of both age - restricted and non age - restricted residents. The r�aads will be the same. We may not have teenagers in our section or small children, but some have adult children, siblings or other living with them: Also, I would like to dispel any misconceptions about our use of the road. We are an ACTIVE adult community, most have two cars, some have motorcycles, and many have boats. We travel, play golf, bicycle, kayak, work, volunteer, and engage in multiple clubs and activities ever�a,X. In other words, our daily lives will not be that much different from our new neighbors, nor will be the use of our roads. • Also, and perhaps even more important is the issue of SAFETY. We are a unique community, in that we are located adjacent to a PUBLIC fishing lake. This lake has 24/7 access and is not supervised in any way. We hear people on the lake at all hours and (as I have an older dog that requires frequent walking) I have seen non resident cars driving through our community at various times of the day and night. There is no legitimate reason for them to be there as there is no access to the main road. • The currently un -gated section is in close proximity to the lake entrance. We feel that gating this section to limit unauthorized vehicles driving through is critical to our privacy and safety. • Therefore, I urge you to enact the proposed ordinance change before you. Thank you once again for the opportunity to come before you, and for the consideration and effort you have given to this issue. " Tia1 Donovan, Opequon District and resident of Lake Frederick, read the following statement: "Mr. Chairman; Supervisors. My name is Tim Donovan and I reside at Lake Frederick in Opequon District, In the past I8 months, many residents of Shenandoah have come before the County to support Lansdowne s request for an ordinance change that would allow them to apply for providing private streets and gated - access to both the age - restricted and non - age - restricted neighborhoods of the Lake Frederick Development. In February 2013, we presented the County with a petition of support signed by aver 80% of Shenandoah residents. At multiple meetings and public hearings, we have spoken of our personal reasons for buying into agated- access community, of our understanding of the HOA's financial obligations associated with private streets, and of the financial planning we have done to assure we can meet those and all other obligations of the HOA. Minute Book Number 40 Board of Supervisors Regular il�feeting of 07/09/14 0� 4 We have spoken of the long - standing approvals for a private street, gated - access community at Lake Frederick since 2001. We have pointed out that over 70% of the roads in the community will be private under existing County approvals, and we have described the challenges the HOA would face managing a community with a mix of private and public streets. Finally we have spoken of how this development differs from other RS communities the County has been required to deal with in the past and how it can and will establish a new model for future residential development. After more than 18 months of consideration by the County's Board, Commissions, and Committees, the Planning Commission on June 28`h overcame the final hurdle to the enactment of the requested ordinance change by defaning the specific construction standards the private streets must meet in order to be acceptable to the County. And I would personally like to recognize Planning Commission Vice- Chairman Roger Thomas for his efforts to define the standards that would be acceptable to all parties and would also protect the interest of all parties. We have worked cooperatively with the developer on the private street, gated access issue for two years, and on all other issues affecting the current and future obligations of homeowners and the HOA. And so we urge you to complete the process by enacting the proposed ordinance change on private streets before you. On behalf of all Shenandoah homeowners, we thank you again for the consideration and effort the County has given to this issue. " There being no further comments, Chairman Shickle closed the public hearing. Supervisor Collins stated he would like to amend the ordinance, specifically section b (1) to read "The plan for the development shall include 1,000 or more planned lots and 33 %must be ��� County Attorney Williams responded there were two concerns with the proposed amendment. First was advertising, because this amendment would be more restrictive, the ordinance would need to be re- advertised. Second, the definition of "sold" to whom, etc. Supervisor Collins withdrew his amendment. He explained that the proposal of 33% of lots be sold would not affect this development, because the developer has sold 35% of his lots. Chairman Shickle expressed concern about land lacking adjacent properties through the use of private streets, if one development has private streets and an adjacent development has public streets. Planning Director Eric Laurence responded that public streets must be contiguous. Traffic cannot go through private streets in order to access public streets. He went on to say this proposed amendment would enable a developer to come in with a waiver request. This would allow staff to look at surrounding properties io make sure they are not land locked. Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board approved the Board approved an ordinance amending the Frederick County Code Chapter 165 Zoning, Part 502 — R5 Residential Recreational Community District, Article V — Planned Development Districts, §165 - 502.05 Design Requirements. Minute Book Number 40 Board of Supervisors Regular Meeting of 071U9114 �� 5 Supervisor Collins expressed concerns about this proposed ordinance amendment. He stated he had no doubt this developer could implement this appropriately, but he was concerned about future developments. WHEREAS, an ordinance to amend Chapter 165, Zoning to allow the use of private streets for all types of developments in the RS (Residential Recreational Community) District with a Board of Supervisors waiver was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on June 18, 2014; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on July 9, 2014; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT QRDAINED, by the Frederick County Board of Supervisors that Chapter 165 Zoning is amended to update Article V — Planned Development District, Part 502 — R5 (Residential Recreational Community) District 8165- 502.05 Design Requirements to allow the use of private streets for all types of developments in the RS (Residential Community) District with a Board of Supervisors waiver. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Par# 502 — R5 Residential Recreational Community District § 165 - 502.05 Design requirements. F, Open space. A minimum of 35% of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. « "� °r° °�° r °r +�-� ^ * °-' When communities are approved with private streets, a minimum of 45% of open space shall be required. K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County. Within any portion of a residential recreational community whic���f�es —gc- x°� +�� ^ + °�' ^ °������ *•_, the Board of Supervisors may waive the public street requirement and allow for the installation of private streets, provided that � "_�.,. ° ^ *� ^ ^�� rm *^ +�,� that — a program for the perpetual maintenance of all streets is provided which is acceptable to the Board of Supervisors and the Transportation Planner. All private streets shall meet the ollowin� VDOT standards: ^ ^� i. All structural section desi n standards• ii. Material composition and, quality standards; iii. Construction standards, techniques, and workmanship quality standards; iv. Drainage and storm water manaaement systems; v. All the design ._testing and materials, and in -place duality testing and as -built drawings for the road system must be certified by,the developer, the builder, and a re istered ro essional en ineer in the State o Vir inia that the roads meet all o VDOT structural and quality standards, and the plans are submitted to the Frederick County Engineer and the Frederick, County Planning Department. Minute Book Number 40 Board of Supervisors Reguiar Meeting of 07/09/14 o� s � Three classes of private streets shallbe - permitted �-� °^° r °� +r; °t °,a ° °mm „�; *; °n °�a shall be identified an a MDP as follows: f� Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right -oi way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not mare than SO feet apart. Along the portions of right -of way which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geometrics anal vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph }. [� Neighborhood collectors. All private streets with a projected ADT of over 400 shall have a minimum right -of- -way of 50 feet and may have lot frontage. Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph. [3]_ Local streets. All private streets with a projected ADT of 400 or less shall have a minimum right -of- -way of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of planting, spaced not more Than 50 feet apart. The harizantal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph. �i {b} Developments utilizing private streets shall meet the following conditions: �l] The plan for the developmentshall include 1000 or more planned lots. 2 The subdivision desi n fans and anal subdivision fats or all lots that utilize private streets shalt include language that states "The private streets within this development are not intended for inclusion in the system of state highways and will not be maintained b VDOT or Frederick Coun Frederick Coun and VDOT have no and will have no res onsibili or the maintenance re air or r�lacement of the private streets within this development. The maintenance and improvement of said private streets shall be the sole responsibility_ of the property owners' association”. �3 j . The developer shall establish a reserve fund ,dedicated, solely for the maintenance of the private streets within the development. "'_._ _ The reserve fund shall consist o a s eci red ercenta e o all due s collected rom the residents as determined by the developer. The percentage may be reduced by the developer or the property owners' association only after a reserve study has been completed and said study shows that a lesser amount is necessary to maintain the private street system within the development. The property owners' association shall com fete a ca ital reserve stud on a bi- annual basis and such stud will be used as the basis a�'the reserve fundin.� Such reserve study shall be held at the office of the property owners' association and available for review bathe County, if requested. I41 Sales brochures_or other literature and documents, provided by the seller of lots served by such .private streets, shall include information regarding responsibility or maintenance, repair, replacement, and covenants pertaining to such lots, including a statement that the County has no, and will have no, responsibility for the maintenance, repair, or replacement of private streets. Within R -5 residential recreation community developments approved prior to 1980, the Board of Supervisors may allow the extension of existing private roads if no other means of access is available. {3) Within developments utilizing private streets, a certified professional engineer, licensed in t_he State of Virginia, shall be employed by the developer to monitor and supervise the materials used; the ader�uacy of the subgrade; the installation of drainage structures, Minute Book Number 40 Board of supervisors Regular Meeting of 071091]4 o�� curb and gutter and all concrete items; and all road, driveway_ and parking area construction activities, including material compaction, �radin� tolerances and compliance with the plans and specifications. Prior to band release the certified ra essional en ineer licensed in the State o Vir inia shall rovide the coon with certi ication that the banded base or section o construction met densi re uirements• that all material de the were veri ied or com Hance• and that the road and arkin areas have been constructed in strict accordance with the fans ands eci ications. L. Curb and gutter. All public and private streets shall be provided wish curb and gutter. This amendment shall be in effect on the day of adoption. Passed this 9th day of July, 2014 by t11e following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Nay Christopher E. Collins Nay Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye I' . : 7 i►F�7sIT7.l7 i►�►Ci] .�7:1.0 �]sCi7�l7����i Y :1 � X1.7 �! !7 3! :7 [�l N COUNTY •CODE ,.:,CHAPTER 165, ZONING, ARTICLE___ VI AGRICULTUB.AL AND RESIDENTIAL DISTRICTS PART 402 -RP RESIDENTIAL PERFORMANCE DISTRICT, SECTION 165 - 402.09 _DIMENSIONAL REQUIREMENTS. PROPOSED REVISION TO REDUCE TIIE MINIMUM FRONT SETBACK FOR MULTIFAMILY RESIDENTIAL BUILDINGS FROM 35 FEET TO 20 FEET. — (RESOLUTION #003 -14) - DENIED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance amendment to revise the setback requirements for multi- family residential buildings. The proposed amendment would reduce the setback from 3 5 feet to 20 feet. The Planning Commission recommended approval. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Hess moved to approve the ordinance amending the Frederick County Code Chapter 165, Zoning, Part 402 — RP Residential Performance District, Article IV — Agricultural and Residential Districts, 8165- 402.04 Dimensional Requirements, X165- 409.09) Multifamily Residential Buildings. The motion was seconded by Supervisor Wells. Supervisor Fisher stated he could not support this proposal because it was putting too many things into a box and it was unacceptable to him. The above motion was defeated by the following recorded vote: Richard C. Shickle Nay Charles S. DeHaven, Jr. Aye Christophex E. Collins Nay Gene E. Fisher Nay Robert A. Hess Aye Minute Book Number 40 Board of Supervisors Regular Meeting of 07/09/14 # i► Gary A. Lofton Nay Robert W. Wells Nay OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #03 -14 — MADISON VILLAGE — INFORMATION ONLY Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for 46.26 acres zoned RP (Residential Performance) District with 640 residential units (townhouse and multifamily} and 5 acres of B2 {Business General) with commercial uses. She noted this property was rezoned in 2013 with proffers. The signalized intersection at Route 522 confarms to the generalized development plan. She concluded by saying the master development plan conforms to the Zoning Ordinance and was presented as information only. MASTER DEVELOPMENT PLAN #04 -14 — CLEARBROOK BUSINESS CENTER — INFORMATION ONLY Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan to develop 16.886 acres zoned B3 {Industrial Transition} District with commerciallindustrial uses. The property was rezoned in 2006 with proffers. The site is accessed via a public streefi that intersects with Martinsburg Pike. She concluded by saying the master development plan conforms to the Zoning Ordinance and was presented for information only. MASTER DEVELOPMENT PLAN #05 -14 — SNOWDEN BRIDGE STATION — INFORMATION ONLY Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for 91.81 acres zoned MI (Light Industrial) with industrial uses. The property was rezoned in 2405 and 2012 with proffers. The master development plan conforms to the proffers and was presented as information only. RE VEST TO AMEND SEWER AND WATER SERVICE AREA SWSA TO SERVE PROPOSED 4 HIGH SCHOOL — RESOLUTION #004 -14 -SENT FORWARD FOR PUBLIC HEARING Director of Planning &Development Eric Lawrence appeared before the Board regarding this item. He advised this was a request for an amendment to the Sewer and Water Service Area to serve the proposed 4�' high school site. The proposed property is 83 acres. Director Lawrence noted that Supervisor Fisher was willing to sponsor this request versus taking it through the . normal study process. He concluded by saying staff was seeking direction to amend the - Minnte Book Number 40 Board of Supervisors Regnlar Meeting of 07/f)9/14 �1�4 Comprehensive Plan to allow this expansion. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board voted to send this proposed amendment to the Sewer and Water Service Area forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Chaxles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye BOARD LIAISON REPORTS Chairman Shickle advised the Board that he had an outstanding request for a Joint Finance Committee meeting to discuss the Joint Judicial Center and he would report back once that meeting took place. CITIZEN COMMENTS Kenny Bennett, Back Creek District, appeared before the Board to appeal a zoning violation regarding living in a camper in Shawneeland. He stated that he was forced to live in the camper after he was laid off in 2409. He went on to say he was trying to do everything right, but zoning was causing his family real heartache. He asked what could be done to resolve this. He noted that he had water, septic, and electricity on the property. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER. BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. {8:35 P.M.} t Richard C. Shickle Jon l y, Jr. Chairman, Board of Supervisors Cler ,Board of Supervisors Minutes Prepared By: _„�{ � , `-�,, Jay E.PTi s Deputy Clerk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 07/09/14