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March 11 2015 Regular Meeting Minutes231 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 11, 2015 at 5;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.; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. ABSENT Redbud District - Vacant CALL TO ORDER Chairman Shickle called the meeting to order. CLOSED SESSION Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Frederick County Board of Supervisors convened in closed session pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, for consultation with legal counsel and briefing by staff, pertaining to a legal claim against the County, LAKE HOLIDAY COUNTRY CLUB, INC. V. FREDERICK COUNTY BOARD OF SUPERVISORS, ET AL., currently pending in the Frederick County Circuit Court, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board, and the matter requires the provision of legal advice by such counsel; and Pursuant to Section 2.2 -3711 A (3), of the Code of Virginia,1950, as amended, involving the discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board; and Pursuant to Section 2.2 -3711 A (1) of the Code of Virginia, 1950, as amended, to discuss personnel matters, specifically filling the vacant county administrator's position. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A, Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board Minute Book Number 40 Board of supervisors Regular Meeting of 03111/15 232 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 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge only legal matters, pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, specifically consultation with legal counsel and briefing by staff, pertaining to a legal claim against the County, LAKE HOLIDAY COUNTRY CLUB, INC. V. FREDERICK COUNTY BOARD OF SUPERVISORS, ET AL., currently pending in the Frederick County Circuit Court, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board., and the matter required the provision of such legal advice by such counsel; and discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to Section 2.2 -3711 A (3) of the Code of Virginia, 1950, as amended; and personnel matters, pursuant to Section 2.2 -3711 A (1) of the Code of Virginia, 1950, as amended, specifically filling the vacant county administrator's position, were discussed. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant RECESS Chairman Shickle advised the Board would recess until 7;00 p.m. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Reverend Phil Roby, Amazing Grace Fellowship, delivered the invocation. PLEDGE OF ALLEGIANCE Minute Book Number 40 Board of Supervisors Regular Meeting of 03/11/15 233 Vice - Chairman DeHaven led the Pledge of Allegiance. Chairman Shickle recognized and welcomed the leaders and members of Boy Scout Troop #1 from Opequon Presbyterian Church. ADOPTION OF AGENDA - APPROVED AS AMENDED Interim County Administrator Rod Williams advised he had two additions to the agenda - Resolution Authorizing Petition for Writ of Election to Fill Redbud District Vacancy as item 4 under county officials; and - Appointment of County Administrator and Approval of Contract with County Administrator as item 5 under county officials. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Board approved the agenda as amended by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant CONSENT AGENDA - APPROVED Interim Administrator Williams offered the following items for the Board's consideration under the consent agenda: - Memorandum Re: Closing of County Offices for Annual Apple Blossom Festival Tab C; - Resolution Authorizing Petition for Writ of Election to Fill Redbud District Vacancy — County Officials Item 4; and - Road Resolution — National Lutheran Boulevard — Tab K. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant CITIZEN COMMENTS Jay Marts, Gainesboro District, addressed the Board regarding the following: "Chairman Shickle & Members of the Board: I have a couple topics to address: Minute Book ]Number 40 Board of Supervisors Regular Meeting of 03111115 234 As you know the General Assembly session has concluded. There was no action taken on HB2165 Tax Exemptions in Frederick County that you asked Del. Dave LaRock to act as Patron. I do believe this was a good piece of legislation & you should encourage it be introduced next session. I believe this body is the appropriate authority to determine property tax exemptions. Capital Improvement Plan I am concerned that we seem to be on the very 'High End' of school construction in the Commonwealth for our new .Middle & High School. Data I have collected show we are close to double the cost of a Middle School. In Loudoun County the last one built come in at $26k per student our is now at $45K Our High School is at an astounding $74K per student while the next most expensive I could find was in Prince William County at $46K. Schools Cost $M Sq Ft K # Pupil $ per Pupil Loudoun MS -6 30.1 175 1,154 26,080 Fred Co MS 41.5 186 921 45,060 Louisa HS 48.5 273 2,011 24,134 Stafford HS 59.8 282 2,102 28,460 Loudoun Valley HS 63,5 283 1,949 32,591 Lynchburg HS 63.4 226 1,452 43,680 Prince William HS 979 425 2,140 45,751 Fred Co HS 44 91.9 255 1,250 73,520 I ask you to carefully review these expenditures with the School Board. I have requested a current copy of their CIP, but have yet to receive it. Thank you for the opportunity to address the board. " BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Board approved the minutes from the February 11, 2015 regular meeting by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the minutes from the February 18, 2015 budget work session by the following recorded vote; Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Minute Book Number 40 Board of Supervisors Regular Meeting of 03111/15 235 Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the minutes from the February 25, 2015 budget work session by the following recorded vote:: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COUNTY OFFICIALS MEMORANDUM RE: CLOSING OF COUNTY OFFICES FOR ANNUAL APPLE BLOSSOM FESTIVAL — APPROVED UNDER CONSENT AGENDA The Board approved the closing the county offices on Friday, May 1, 2015 for the 88 Shenandoah Apple Blossom Festival, REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND — APPROVED -- Interim Administrator Williams advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund United Rentals (North America) the amount of $5,522.62 for business asset taxes in 2014. The refund was a result of a duplication of assets in filing vehicles separately by including them in total business assets for business equipment. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the above refund request and supplemental appropriation, The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant RESOLUTION 0062 -15 AUTHORIZING PETITION FOR WRIT OF ELECTION TO FILL REDBUD DISTRICT VACANCY — APPROVED UNDER CONSENT AGENDA WHEREAS, Christopher E. Collins has submitted his resignation as Redbud District representative to Board of Supervisors, effective March 2, 2015; and WHEREAS, Virginia Code § 24.2- 226(A) requires the Board of Supervisors to file with the Circuit Court a petition for a writ of election to fill the vacancy in the office of Redbud District representative to Board of Supervisors within 15 days of the vacancy; and WHEREAS, state law provides for the Circuit Court to schedule such election concurrent with the general election scheduled for November 3, 2015; and NOW, THEREFORE, BE IT RESOLVED, that the Board authorizes the County Attorney to file with the Circuit Court a petition seeking issuance of a writ of election, to fill the vacancy in the office of Redbud District representative to Board of Supervisors, such election to Minute Book Number 40 Board of supervisors Regular Meeting of 43/11/15 236 occur on November 3, 2015, concurrent with the general election that same day. ADOPTED this 11 ` day of March, 2015. APPOINTMENT OF COUNTY ADMINISTRATOR AND APPROVAL OF CONTRACT WITH COUNTY ADMINISTRATOR --- APPOINTMENT OF BRENDA GARTON APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board appointed Brenda Garton as county administrator, effective May 18, 2015, and authorized the chairman to sign the contract on behalf of the county. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT — APPROVED The Public Works Committee and Green Advisory Committees met on Tuesday, February 24, 2015 at 8:00 a.m. All members were present. The following items were discussed: ** *Items Requiring Action * ** 1. Request from Landfill for Approval of Waste Acceptance and Supplemental Appropriation - APPROVED The committee reviewed and unanimously approved the following requests from the Landfill Manager, Mr. Steve Frye: a) Permission to accept discarded line poles from Rappahannock Electric Cooperative (REC). Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant b) Supplemental appropriation in the amount of $1,575,000 to cover the cost of the closure on nine (9) acres within the construction/demolition debris landfill. The justification for these requests is highlighted in the attached memorandum from Mr. Frye dated January 20, 2015. Funds for the supplemental appropriation will be derived from the landfill reserve. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved Minute Book lumber 40 Board of Supervisors Regular Meeting of 03/11/15 237 the request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Chairman Shickle advised that a public hearing would be . needed to amend the budget due to the amount of the request. * **Items Not Requiring Action* ** 1. Fire and Rescue Proposed Fees After a brief presentation by the Fire Marshal, Mr. John J. Bauserman, the committee recommended that the proposed fee schedule and related inspections be returned to the Fire and Rescue Department for further evaluation. Specifically, the committee recommended that the scope of services be prioritized to limit the number of required inspections. No time table was established for returning the request to this committee. 2. Green Advisory Committee Presentation Mr. Jon Turkel presented a brief summary of his efforts regarding the continual monitoring of energy usage throughout the county. A summary of this presentation is attached. No action was taken by the committee. 3. Closed Session The committee convened into a closed session to discuss property acquisition for multiple citizens' convenience sites in accordance with the Code of Virginia §2.2 -3711 Subsection A (3) acquisition and disposition of real estate. After reconvening from closed session, each committee member certified that only items related to property acquisition were discussed in closed session. No action resulted from the closed session. 4. Miscellaneous Reports a) Tonnage Report b) Recycling Report c) Animal Shelter Dog Report d) Animal Shelter Cat Report PUBLIC HEARING PUBLIC HEARING - TWELVE M ONTH OUTDOOR FESTIVAL PERMIT REQUEST OF GROVE'S WINCHESTER HARLEY- DAVIDSON. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86 -3 PERMIT REQUIRED APPLICATION• ISSUANCE OR DENIAL; FEE- PARAGRAPH D, TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF GROVE'S WINCHESTER HARLEY-DAVIDSON 140 INDEPENDENCE DRIVE WINCHESTER VIRGINIA. PROPERTY OWNED BY JOBALIE, LLC. - APPROVED Interim Administrator Williams advised this was a request for a twelve month outdoor festival permit by Grove's Winchester Harley- Davidson. All events are to be held on the grounds of Grove's Winchester Harley- Davidson, 140 Independence Drive, Winchester, VA. Minute Book Number 40 Board of supervisors Regular Meeting of 03/11/15 238 The property is owned by JOBALIE, LLC, Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the Board approved the twelve month festival permit request for Grove's Winchester Harley- Davidson by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #05 -14 CB VENTURES LLC SUBMITTED BY CB VENTURES, LLC, TO REZONE 2.42 ACRES -OF PROPERTY FROM B1 (NEIGHBORHOOD BUSINESS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED AT 1033 AYLOR ROAD IN STEPHENS CITY AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 74 -((A)) -104 AND 74 -((A)) -105 IN THE OPEQUON MAGISTERIAL DISTRICT. — VOTE POSTPONED FOR 60 DAYS Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 2.42 acres from B 1 (Neighborhood Business) District to B2 (General Business) District with proffers. The property is located at 1033 Aylor Road in the Opequon Magisterial District. Deputy Director Ruddy advised the applicant has proffered a generalized development plan that includes the relocated Aylor Road. The proposed commercial uses are generally consistent with the Comprehensive Plan; however, the neighborhood characteristics of the adjacent land uses should be considered. He noted the proposal calls for increased vehicle trips per day, increased building height, and increased density. The Planning Commission recommended denial of this application due to its adverse impact on the adjacent neighborhood. He concluded by saying that staff was seeking Board action following the public hearing. Benjamin C. Montgomery appeared before the Board on behalf of the applicant. He reviewed the proposal to include the conversion of current Aylor Road into a utility road for I- 81. He stated the nature of the location begs to be more intense from a zoning perspective. He Minute Book Number 40 Board of Supervisors Regular Meeting of 03/11/15 23 noted there was existing B2 zoning against some of the residential area. He went on to say three uses make sense for this particular parcel: office, hotel, and restaurant. He noted part of the property could not be used due to the relocation of Aylor Road. He stated the current B1 zoning guarantees a three -story office building. B2 would permit a hotel with no windows facing the residential neighborhood. He noted that buffering had been added to aid the neighbors beside the project. Chairman Shickle convened the public hearing. Dorothy Carriker, Opequon District, advised she was an adjoining property owner. She did not believe the proposed rezoning met the current B2 requirements. She stated the B2 district provided for uses on large acreage; however, the proposed parcel was not large. She noted the parcel was not located near the Aylor Road intersection. She asked if this was the type of spot zoning Frederick County wants to see. The Planning Commission unanimously rejected this proposal and she hoped the Board would do the same. Ulysses Carriker, Opequon District, stated the site overlooks a mostly residential neighborhood due to the topography. He believed site access should be controlled and nuisances mitigated. He was concerned about the building overlooking his property and the illuminated signage. He also expressed concern about stormwater runoff because it could flood his yard and crawlspace. I Ie concluded by asking the Board to deny this proposed rezoning request. Kevin Chapman., Opequon District, stated he believed the hill elevation to be greater than what was shown on the illustration. He noted the proposed landscaping was less than adequate and the building would dominate the view from his home. He went on to say if the Board wanted to approve this application, he asked that the action be postponed until more thorough environmental studies of the property could be done. He advised that the debris from the carwash drains had been dumped on the property and there had been no reports that this property had been remediated. He noted a phase T environmental study did not always detect contamination. Alan Mocck, Opequon District, expressed concern about the height of the proposed building, how people would enter the site due to the relocated Aylor Road, and lighted signage. He hoped the Board would deny this request.. There being no further comments, Chairman Shickle closed the public hearing. Mr. Montgomery responded to the various comments. He stated he appreciated the Minute Book Number 40 Board of supervisors Regular Meeting of 03/11/15 240 residents' concerns. He proposed the Board postpone this application in order to allow the applicant to work with the neighbors to address their concerns. Supervisor Wells advised that he had spoken with the project owner and two adjacent landowner and some board members. He would like to say that he could find a way for the neighbors to have their concerns addressed. Supervisor Wells moved to deny rezoning #05 -14. The motion was seconded by Supervisor Hess, Supervisor Lofton stated that looking at the relocated Aylor Road this rezoning would appear to create an island of B2 zoned property. He stated that he could argue that this might not be the right zoning for this property. Supervisor Fisher stated there was a part of him that would like to see the application postponed in order to allow the applicant to work out the concerns expressed by the neighbors. Supervisor Wells withdrew his motion to deny. Supervisor Hess withdrew his second. Upon a motion by Supervisor Wells, seconded by Supervisor Fisher, the Board postponed Rezoning 905 -14 for 60 days. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant OTHER PLANNING ITEMS REZONING 902 -14 HERITAGE COMMONS, L.L.G. SUBMITTED BY LAWSON AND SILEK, P.L.C., TO _REZONE 96.28 +/- ACRES FROM B2 (BUSINESS GENERAL) DISTRICT TO R4 PRESIDENTIAL PLANNED COMMUNIT DISTRICT AND 54 +/- ACRES FROM RP RESIDENTIAL PERMFORMANCE) DISTRICT TO R4 (RESIDENTIAL PLANNED COMMUNITY) DISTRICT AND .31 +/- ACRES FROM THE RA (RURAL AREAS) DISTRICT TO THE R4 (RESIDENTIAL PLANNED COMMUNITY) DISTRICT WITH PROFFERS. THE PROPERTIES ARE LOCATED WEST OF THE INTERSECTION OF FRONT ROYAL PIKE ROUTE 522 AND AIRPORT ROAD (ROUTE 645) AND ARE IDENTIFIED BY THE PROPERTY IDENTIFICATION NUMBERS 63 -A -150, 64 -A -10, AND 64 -A -12 IN THE SHAWNEE _MA_GISTERIAL DISTRICT. (VOTE POSTPONED FROM DECEMBER 10, 2014 AND JANUARY 14, 2015 BOARD MEETINGS.) - DENIED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to rezone 96.28 acres from B2 (Business General) District to R4 Minute Book Number 40 Board of supervisors Regular Meeting of 03/11/15 241 (Residential Planned Community) District and 54 acres from RP (Residential Performance) District to R4 (Residential Planned Community) District and .31 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District with proffers. The project is located on 150 acres of property commonly known as Russell 150 and is proposed to accommodate 1,200 residential units and commercial uses. Senior Planner Perkins stated the applicant had included proffers regarding the 1, 200 residential units, transportation improvements, a generalized development plan with land bays. Senior Planner Perkins noted the application does not adequately address the transportation or fiscal impacts. She concluded by saying all of this issues identified in the staff report were accurate. Deputy Planning Director - Transportation John Bishop advised that staff was supportive of project phasing, but had issues with the methodology. He stated as long as the vehicle trips per day do not exceed 11,588 the applicant only has to construct Airport Road. Deputy Director Bishop noted the roadway construction relies solely upon a revenue sharing agreement that does not exist. He advised that Warrior Drive does not have a development related trigger. The proffer statement credits the applicant for transportation improvements that exceed the applicant's investment. He concluded by saying the $1 million cash proffer for transportation had been removed. Supervisor Lofton asked if there was a contract or agreement with the landowner west of I -81 indicating that they would complete their portion of the road connections. Deputy Director Bishop responded that, per conversations with the City and Glaize Developments, there was an agreement, but not a written agreement. Senior Planner Perkins concluded the presentation by advising that the Planning Commission recommended denial of this proposed rezoning. The Board of Supervisors held its public hearing in December 2014. The applicant requested that action be postponed. At the Board January 14, 2015 meeting, the applicant requested the application be postponed. She concluded by saying the application was back before the Board for action. Ty Lawson, Lawson & Silek, appeared before the Board on behalf of the applicants, property owner, and developer. He stated that he appreciated staff's input. He noted the applicant would build the roads through three administrative agreements with VDOT. He went on to say the applicant would pay the state match to the three segments identified in the generalized development plan. He noted that all of those roads would be under administrative Minute Book Number 40 Board of Supervisors Regular Meeting of 03111/15 0 agreements, subject to the County engineering and design. He stated the applicant could do something about the land they control, such as building the first segment of the project at Route 522. He advised this portion has been designed to a 30% design and the bridge design is well underway. He stated the piers would be sited not in the 1 -81 right -of -way, but on property owned by others. With regard to the Comprehensive Plan, the land uses do not match up with where we put them on the plan; however, the uses are on the plan; therefore, it is in conformance with the Comprehensive Plan. Mr. Lawson stated the project was a net tax positive for the county. He noted there was no reference to a proposed county office building in the proffer package; however, there is an offer of a tract of land, approximately 8 acres, to the county. He went on to say the applicant did do transportation credits because they were concerned about impacts. He stated the proffered public land was valued at $3.2 million. He explained that a "safety" was included so that after construction of the 600'' unit, the applicant would "pause" and contact Frederick County Schools to see how many students are coming from the development. if the number of students exceeds 120 then the applicant would pay $5,000 per unit to offset that impact. He concluded by saying the applicant was optimistic about the project, where it has been and where it is going. Evan Wyatt, Greenway Engineering, advised that he had been contacted by the applicant to help with the right -of -way administrative agreements. He noted he had looked at the original traffic impact analysis and the phasing schedule of 400 residential permits every two years. Phase I of the project, 600 units with 100,000 square feet of commercial, has a three year time frame. He noted the projected cost to construct Airport Road is $1,200 per linear foot. Matt Milstead, applicant and principal with Heritage Commons, stated the project would be bringing a high end mixed use development. He noted this was a housing project that did not exist in the County. He concluded by saying his group had interviewed many companies in order to find a product suitable for this development. Rick Cathcart, principal with Cathcart Group, addressed the Board regarding his company, his product, and projects in other localities. He stated he would be willing to build a high end assisted living facility, if needed, as part of this project. He noted his product was affordable to the median income earner and he was very confident this community would be a cash -flow positive and it would have a high assessed value. He stated 168 units was his Minute Book Number 40 Board of Supervisors Regular Meeting of 03/11/15 243 breakeven point. He went on to say his projects did not burden county services due to the demographics of its residents. He concluded by saying his units are leased as fast as they are built and they have a wait list. Supervisor Lofton asked Mr. Cathcart, if 168 units were built and there was not a waiting list, "what would you do ?" Mr. Cathcart responded that he had never faced that situation. He went on to say that his company did not rent to students. Earl Cole, representing the property owner Munimae, advised that his company wanted to sell the property. He went on to say we need to be sure the local contractors get paid. He noted the real estate taxes and special assessments have been paid and the owner has gotten rid of a bankrupt developer and bank. Mr. Milstead stated his company had been working on this project for 19 months and they had spent thousands of hours and hundreds of thousands of dollars. He advised this project would bring $300 -$350 million over seven to 10 years. He believed common ground had been reached and he requested the Board approve this rezoning request. Chairman ShickIe convened a continuation of the public hearing. Jay Marts, Gainesboro District, "I would ask you to heed the recommendation of the Planning Commission & deny this rezoning request. I have attempted to follow the Russell 150 Project, now renamed Heritage Commons, over the past couple of years. Lotsa history, many complication and abundant changes in plans. I read most of the executive summaries contained in the 200 pages in tonight's meeting agenda packet. I believe that if you cast a vote in favor of this request you should be prepared to inform your constituents as to the month & year this project will begin to bring a positive revenue to the County & not burden the current taxpayers with providing additional public service impacts. Are you willing to speak to this tonight? If not, vote NO. Thank you for the opportunity to address the board. " Alan Morrison, Gainesboro District, stated a county that does not grow becomes stagnant, but the growth must be smart and realistic. He noted he had heard two widely varying opinions on this project. He stated that part of the issue with this proposal is timing, but the other is that the County is taking on a high level of risk. He went onto say the developer was isolated and protected. He asked the Board not to put the cost of development on the backs of the county taxpayers. He stated he would like to see something happen on this property, but a lot was hanging on the risk for the county and the taxpayers. Minute Book Number 40 Board of supervisors Regular Meeting of 03/11/15 244 Becky Morrison, Gainesboro District, stated she did not know if the public hearing had been advertised properly and she asked the Board to check. Harry Smith, Winchester resident and president of United Bank, stated the Board would have to determine the validity of the comments, but he had spent most of his life promoting economic development in the area and he had not seen much development lately. He went on to say that he knows development and he knows the Cathcart Company. He concluded by saying United Bank planned to be a partner in this project as a lender. Bruce Griffin, applicant, read a letter from Pastor Charles Davis from the Church of the Brethren. The letter stated the applicants had met with church representatives and based on the meeting and the amount of proposed development, the church was supportive of the proposal. The letter concluded by requesting the Board approve the rezoning. Chairman Shickle closed the public hearing. He then stated that he was concerned that the public hearing was not advertised since it was still open. County Attorney Williams stated the vote was postponed, and left the public hearing open. Notice was properly given. If the hearing was left open then there was no need to advertise it as a public hearing. Supervisor Lofton stated he did not disagree with that opinion, but he wondered if people assumed the hearing was closed. Staff noted the Board's action at the December 10, 2014 meeting postponed the vote on the application and that a public comment period would be included as part of the Board's consideration of this matter. It was further noted that the citizen comment period at the beginning of the Board's agenda is an opportunity for citizens to address the Board regarding items that were not subject to public hearing; therefore, any interested citizens could have appeared before the Board during that time to address this application if there had been any confusion about the public hearing. Mr. Lawson stated that he agreed with the County Attorney's position. He thanked the Board for their time and attention to this topic. He stated a lot of work had been done on this project. He noted the 200 pages in the agenda packet showed the project had come a long way. With regard to risk, he stated if there were any it was on the property owner and developer. He concluded by saying he would be happy to respond to any questions. Supervisor Hess asked the applicant about paying for the students already instead of Minute Book Number 40 Board of Supervisors Regular Meeting of 03111/15 245 having the 120 cap and review. Mr. Lawson responded that he did not think this development would hit the 120 student threshold. There being no further questions, Chairman Shickle asked for a motion regarding the application. Supervisor Fisher moved to deny Rezoning 902 -14 of Heritage Commons. Supervisor Hess seconded by motion. Supervisor Lofton stated the Board and applicant had been at this a long time and "it appears we are so close ". He went on to say it pained him to stop here. He stated he was not prepared to vote and would abstain. Mr. Milstead, applicant, stated he and his group had been at this project for 19 months and he was not sure what an additional postponement of two weeks would gain anyone. He went on to say they were committed to bringing significant capital improvements. Supervisor Wells stated that staff had given their report. He noted that he had recently received a letter from Mr. Lawson regarding this proposal. Mr. Lawson stated he and his clients were frustrated trying to address issues when they do not know what the issues are. He stated a postponement of two weeks with specific direction and specific concerns to address might be helpful; however, we are still talking around issues. He concluded by saying if the Board was inclined to indulge this further, the applicant was committed to that two weeks to have a finished product. Interim Administrator 'Williams advised if the Board deferred this item for two weeks there would be a bit of a protocol problem regarding the exchange of documents. He noted that two weeks from today would mean the process would need to occur within the next two to three days in order to meet the two week meeting agenda deadline. Supervisor Wells asked that the Board meet with the applicant, developers, and staff in a joint meeting so everyone would know what is going on. Supervisor Lofton agreed with the suggestion, because he had questions about timing, whether the project was a cash positive, etc. Supervisor Fisher stated the Board did not create this system, the State Code created it. He stated everyone had been at this a long time, but the project was not what was in the best interest of Frederick County. Minute Book Number 40 Board of supervisors Regular Meeting of 03/11/15 246 Supervisor Hess stated he had no problem with the work session. He then withdrew his second from the motion to deny. Supervisor Lofton moved to postpone the vote on rezoning 402 -14 for two weeks and that the Board schedule a work session with the applicant. The motion was seconded by Supervisor Wells. Supervisor Fisher stated that two weeks was not enough time to address the issues. The above motion failed by the following recorded vote: Richard C. Shickle Nay Charles S. DeHaven, Jr. Nay Gene E. Fisher Nay Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Supervisor Fisher, seconded by Vice- Chairman DeHaven, the Board denied Rezoning #02 -14 of Heritage Commons. Supervisor Lofton advised that he would not abstain, but would vote against denial of this application. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Nay Robert W. Wells Aye Redbud District Vacant DISCUSSION — ADDITION OF THE OM (OFFICE - MANUFACTURING PARK) DISTRICT TO THE R4 (RESIDENTIAL PLANNED COMMUNITY) DISTRICT PERMITTED USES. — (RESOLUTION #063 -15) - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a minor amendment to the Zoning Ordinance in order to add the OM (Office- Manufacturing Park) District to the R4 (Residential Planned Community) District. The Development Regulations and Review Committee reviewed this proposal. The Planning Commission recommended approval. She concluded by saying staff was seeking direction from the Board regarding whether this amendment was ready to be sent forward for public hearing. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board voted to send the proposed ordinance amendment to public hearing. WHEREAS, the Frederick County Planning Department has been directed to include the Minute Boole Number 40 Board of Supervisors Regular Meeting of 03/11/15 X 24°7 OM (Office- Manufacturing Park) Zoning District to the permitted uses list of the R4 (Residential Planned Community) Zoning District; and WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the change at their January 27, 2015 meeting and recommended to include the OM (Office - Manufacturing Park) Zoning District to the permitted uses list of the R4 (Residential Planned Community) Zoning District and forwarded the recommendation to the Planning Commission and the Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on February 18, 2015 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed change at their regularly scheduled meeting on March 11, 2015; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to include the OM (Office - Manufacturing Park) Zoning District to the permitted uses list of the R4 (Residential Planned Community) Zoning District. Passed this 11 day of March, 2015 by the following recorded vote; Richard C. Shiekle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant DISCUSSION — PERMEABLE PAVERS FOR PARKING LOTS. — (RESOLUTION #064 -15) - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request to revise the Zoning Ordinance to allow permeable pavers for construction of parking lots. She noted the request was due to the new stormwater regulations and the need for additional options for dealing with stormwater onsite. Currently the ordinance only allows for their use within overflow parking areas. The proposed revision would move the option for permeable pavers out of the overflow parking areas and into the section regarding allowed surface materials. The Planning Commission recommended it be sent forward to the Board of Supervisors for review. Supervisor Fisher asked staff to look at allowing permeable surfaces versus permeable pavers. He thought it was worth consideration. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board sent this proposed amendment forward for public hearing. WHEREAS, the Frederick County Planning Department has received a request to revise Minute Rook Number 40 Board of Supervisors Regular Meeting of 031111/5 248 the Frederick County Zoning Ordinance to allow the use of permeable pavers for the construction of parking areas within all zoning districts; and WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the change at their January 27, 2015 meeting and agreed with the revision and sent the item forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the revised changes at their regularly scheduled meeting on February 18, 2015 and agreed with the revised change; and WHEREAS, the Board of Supervisors discussed the revised change at their regularly scheduled meeting on March 11, 2015; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165, NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to allow the use of permeable pavers for the construction of parking areas within all zoning districts. Passed this 11' day of March, 2015 by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant ROAD RESOLUTION ( #065 -15) — NATIONAL LUTHERAN BOULEVARD — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference are shown on the 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 requirement for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.2 -705, 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. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Minute Book Number 40 Board of Supervisors Regular Meeting of 03/11/15 249 There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle advised that he had received a thank you note from Jenny Schuller in response to a letter of appreciation the Board sent in honor of her years of service with the Fire and Rescue Association. Supervisor Hess commended the individuals who participated in the compassionate handling of a situation involving a missing elderly person from Stephens City. He also noted Cooperative Extension conducted another water testing program. 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. (10:01 P.M.) Richard C. Shickle Chairman, Board of Supervisors Roderick B. Williams Interim Clerk, Board of Supervisors Minutes Prepared By: F. Jay I T' bs Deputy Clerk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 03/11/15