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HomeMy WebLinkAboutMay 10, 2006 Regular Meeting 436 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 10,2006, at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Dove delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had one change to the agenda. It had been requested that the Russell 150 Special Assessment public hearing be postponed until the May 24, 2006 meeting. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following tabs for consideration under the consent agenda: Request for Installation of "Watch for Children" Signs in the Apple Ridge Subdivision- TabC; Public Works Committee Report - Tab D Upon a motion by Supervisor Van Osten, seconded by Vice Chairman Ewing, the Board approved the consent agenda by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of 05/1 0/06 437 The above motion was approved by the following recorded vote: Riehard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED AS CORRECTED The minutes from the April 26, 2006 meeting were presented. A typographical error was corrected. Upon a motion by Supervisor Dove, seconded by Supervisor DeHa ven, the minutes from the April 26, 2006 Regular Meeting were approved as corrected. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS There were no committee appointments. REQUEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS IN THE APPLE RIDGE SUBDIVISION (RESOLUTION #069-06) - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby"; and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining sueh sign shall be paid out of the secondary system maintenanee allocation to the affected county; and Minute Book Number 31 Board of Supervisors Regular Meeting of 05/10106 438 WHEREAS, Morning Glory Drive (Route 1400), Mesquite Court (Route 1401), Al?ine Meadow Road (Route 1402), Fern Court (Route 1403), Kapok ~ircle (~oute.1404), Tam~rac.k ~lrcle (Route 1405), and Wayfaring Drive (Route 1406), are located In a resIdentIal area and IS wlthm the secondary road system and is a viable candidate for "Watch for Children" signs. BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at Route 1400 (Morning Glory Drive), from Route 657 (Senseny Drive) to 0.45 miles north of Route 657 (Senseny Drive); Route 1401 (Mesquite Court), from Route 1400 (Morning Glory Drive) to Dead End; Route 1402 (Alpine Meadow Road), from Route 1400 (Morning Glory Drive) to 0.25 miles northeast of Route 1400 (Morning Glory Drive); Route 1403 (Fern Court), from Route 1402 (Alpine Meadow Road) to Dead End; Route 1404 (Kapok Circle), from Route 1402 (Alpine Meadow Road) to Dead End; Route 1405 (Tamarack Circle), from Route 1402 (Alpine Meadow Road) to Dead End; Route 1406 (Wayfaring Drive), from Route 1400 (Morning Glory Drive) to Dead End. The signs should be placed in accordance with the provisions of33.1-21O.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 10th day of May, 2006. This item was approved under the consent agenda. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, April 25, 2006 at 8:00 a.m. All members were present. The following items were discussed: ***Items Not Requiring Action*** 1. Discussion of Policy Related to Draina\:e Problems The Deputy Director, Joe Wilder, presented a brief summary ofthe changes that have been made by the Department of Conservation and Recreation regarding the Phase II Stormwater discharge permit requirements. The committee then discussed a drainage complaint received from the Greenbriar subdivision and reviewed past policy established in a committee meeting held on March 31, 2004, and endorsed by the board of supervisors. After discussing this particular complaint with references to similar situations in other areas of Frederick County, the committee unanimously reaffirmed the previously established policy which "limited Frederick County's involvement in drainage problems to threats against life or property on a case-by-case basis". 2. Discussions with the Vir(!inia Department of Health (VDH) Personnel Concerninl! Current Drainfield Permittinl: and Monitorinl! Procedures Representatives from the local VDH office, including Steve Lee, local office manager, participated in discussions with the committee members regarding current practices related to permitting and monitoring drainfields. Topics of discussion included the effectiveness and quality ofthird party soil evaluations and designs, the percentage of drainfield failures in Frederick County, the number of alternative drainfield systems and related inspection requirements and long term maintenance requirements for drainfields in general. After a lengthy and informative discussion, the chairman suggested that a subcommittee be established to meet with the VDH representatives to discuss these issues in more detail. This idea was unanimously endorsed with the following Minnte Book Number 31 Board of Supervisors Regular Meeting of 0511 0/06 439 members agreeing to serve on the committee: Phil Lemieux, Bob Wells, and Stan Crockett. The subcommittee will meet with the VDH and report to the committee at a later date. 3. Miscellaneous Reports a. Tonnage Report: Landfill (Attachment 1) b. Animal Shelter Dog Report (Attachment 2) c. Animal Shelter Cat Report (Attachment 3) PUBLIC HEARING PUBLIC HEARING - ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT FOR THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE AUTHORITY REGARDING THE FINANCING OF CERTAIN INFRASTRUCTURE. THE PROPOSED ORDINANCE WILL ESTABLISH A SPECIAL ASSESSMENT ON PROPERTY WITHIN THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY DISTRICT TO FINANCE CERTAIN INFRASTRUCTURE IMPROVEMENTS BENEFITTING PROPERTY WITHIN SUCH DISTRICT. THE PROPOSED ORDINANCE ALSO AUTHORIZES A MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY DEVELOPMENT AUTHORITY THAT APPROVES ISSUANCE OF THE AUTHORITY'S BONDS TO FINANCE CERTAIN INFRASTRUCTURE. - POSTPONED UNTIL THE MAY 24. 2006 REGULAR MEETING PUBLIC HEARING - PROPOSED ORDINANCE - SALARIES OF THE BOARD OF SUPERVISORS - PURSUANT TO SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO FIX THE ANNUAL SALARIES OF THE BOARD OF SUPERVISORS AS FOLLOWS: CHAIRMAN. $10.800~ VICE CHAIRMAN. $10.200: AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9.000.- APPROVED Administrator Riley advised it was the policy of the Board to hold a public hearing to set the salaries ofthe Board members. There has been no request for an increase over the current salaries. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice Chairman Ewing, seconded by Supervisor Van Osten, the Board approved the annual salaries. BE IT ORDAINED, the annual salary for each member ofthe Frederick County Board of Supervisors, for the fiscal year beginning July 1,2006, shall be as follows: Chairman, $10,800; Vice Chairman, $10,200; and each other member of the Board of Supervisors at $9,000. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 05110/06 440 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 48. ANIMALS AND FOWL: ARTICLE III. ANIMALS RUNNING AT LARGE: FENCES: SECTION 48-26. RUNNING AT LARGE UNLAWFUL~ DIVISION FENCES. THE PROPOSED AMENDMENTS WOULD ADD THE WORDS "AND FOWL" TO THIS SECTION AND A NOTICE REOUIREMENTFOR THE FIRST VIOLATION. - APPROVED Administrator Riley advised the Board that the Code & Ordinance Committee, at its March 29,2006 meeting, discussed a proposed amendment to Chapter 48 Animals, Frederick County Code. This review was prompted by a citizen complaint regarding guineas harassing his family and animals. The Board, at its April 12, 2006 meeting, approved sending this proposed amendment forward for public hearing. In conversations with representatives from the Frederick County Sheriff's Department, staff was made aware that the department had received several calls from various areas of the county regarding complaints about chickens, guineas, and pheasants running at large. This proposed amendment would add the words and fowl to Section 48-26 Running At Large Unlawful; Division Fences and would allow the Sheriff's Department to adequately address these eomplaints. This proposed amendment further adds a notice provision for the first violation, as recommended by the Code & Ordinance Committee, with subsequent violations to be punished by a Class 4 misdemeanor. The Committee unanimously recommended approval of the proposed amendment and forwarded this item to the Board of Supervisors for public hearing with a recommendation for approval. The Board will conduct its public hearing this evening and at the conclusion of which, action by the Board would be appropriate. Chairman Shickle convened the public hearing. Anita Nadal, Opequon District, expressed concern over the proposed amendment. She reviewed the eomplaints expressed by her neighbor with regard to her guineas - attacking animals; entering the house; ruining their lives. She stated that she did not believe the guineas were trying to enter their house. She explained that guineas work the garden and eat ticks. She stated that she had seen her guineas in the neighbor's yard, but only for a short time. She asked the Board not to change the County Code. Stephanie Folk, Opequon District and neighbor of the first speaker, stated the tick Minute Book Number 31 Board of Supervisors Regular Meeting of 05/1 0/06 441 population in her area is down and her garden is great. She went on to say that guineas do not attack and do no harm. She stated it would be a shame in a rural community to change the rules governing animals. She urged the Board to vote against the proposed amendment. Leon Strosnider, Opequon District, stated if the County were to adopt an ordinance dealing with confining birds then the County must do something about all of the wild geese in the area. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lemieux, seconded by Vice Chairman Ewing, the Board approved the amendment to Chapter 48, Animals and Fowl; Article III, Animals Running at Large, Fences; Section 48-26, Running at Large Unlawful; Division Fences. BE IT ORDAINED, that Chapter 48, Animals and Fowl; Article III; Animals Running at Large; Fences; Section 48-26, Running at Large Unlawful; Division Fences; be amended to read as follows: Article III Animals and Fowl Running at Large; Fences 948-26. Running at large unlawful; division fences A. As provided in 93.1-796.94:1, 918.2-121.1, and article 5, No-Fence Law, of Title 55 of the Code of Virginia, animals and fowl running at large shall be prohibited. Any person violating any provision of this section shall receive a warning from the Frederick County Sheriff's Department for the initial violation. Any subsequent violation shall be punishable by a Class 4 misdemeanor. B. Division fences shall be established in the county as provided in county ordinances adopted 12/22/1888, 7/19/1919, 12/18/1922, 11/7/1924, 3/30/1930, and 5/10/1948, which ordinances are on file in the county offices. Responsibility for construction, maintenance, and repair of such division fences shall be as provided in Article 6 of Title 55 ofthe Code of Virginia. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE. CHAPTER 142. SOLID WASTE: ARTICLE I. GENERAL PROVISIONS: SECTIONS 142-2. DEFINITIONS AND 142-8. LIMITATIONS ON TRANSFER STATIONS AND MATERIALS RECOVERY FACILITIES. THE PROPOSED AMENDMENTS WILL MORE CLEARL Y DlSTINGUlSH BETWEEN TRANSFER STATIONS AND MATERIALS' RECOVERY FACILITIES. - APPROVED Administrator Riley advised this amendment was being proposed in light of several inquiries Minute Book Number 31 Board of Supervisors Regular Meeting of 05/10/06 +42 regarding transfer stations. The Public Works Committee revised the ordinance to separate convenience site from transfer station. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the proposed amendments to Chapter 142, Solid Waste, Article I, General Provisions; Sections 142- 2, Definitions and 142-8, Limitations on Transfer Stations and Materials Recovery Facilities. BE IT ORDAINED, that Chapter 142, Solid Waste; Article I; General Provisions; Sections 142-2, Definitions; and 142-8, Limitations on Transfer Stations and Materials Recovery Facilities, be amended to read as follows: Article I General Provisions 9142-2. Definitions. Materials Recovery Facility - A solid waste management facility for the collection, processing and recovery of material such as metals from solid waste or for the production of a fuel from solid waste. In order to classify as a materials recovery facility, all materials received by the facility must be processed and recovered, with no materials being shipped from the facility to a central solid waste management facility for disposal, incineration or resource recovery. Transfer Station - Any solid waste storage or collection facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a central solid waste management facility for disposal, incineration or resource rccovery lo(".\tcd Outside of the P,edelick Coanry laud[; 1I1,eh ice ,,,ca. Add the definition of a Convenience Site - A collection point for the temporary storage of solid waste provided for individual solid waste generators who choose to transport solid waste generated on their own premises to an established centralized point, rather than directly to a disposal facility. To be classified as a convenience site, the collection point may not receive waste from collection vehicles that have collected waste from more than one real property owner. A convenience site shall be on a system of regularly scheduled collections. 9142-8. Limitation on transfer stations and materials recovery facilities. A. No transfer station shall be constructed, established, maintained or operated in the county except by the county or under contract to the county on property already designated by the county for solid waste management. B. The cou"ty o~nGd tlal1sful statio" sl,all accvpt only solid ~a5te flon, within the cOuht)"S I"Jldfill sel v ice area. Materials recovery facilities shall accept only source-separated materials. C. The Any county-owned transfer station and/or materials recovery facility shall be in conformance with the region's Solid Waste Management Plan. op<o,atGd in complialtcc w ill, the lequilc.111ents of H,,, stale DI.:Q. D. At ib option, thG COullty DoalJ ,nay ekd to aatholiLe a I,livate [;1111 01 eOll1pal'l}' tv ovelsee Miuute Book Number 31 Board of Supervisors Regular Mcetiug of 05110/06 443 the daily operations of the t,,\11~fel station 01 watuials,ecov(,lJ fa(,~liry. Any county-owned transfer station and/or material recovery facility shall be operated in compliance with the requirements fo the state DEQ. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING - REZONING #05-06 OF COMMONWEALTH BUSINESS PARK. VENTURES I OF WINCHESTER. LLC. SUBMITTED BY PAINTER- LEWIS. P.L.C.. TO REZONE 12 ACRES FROM B3 (INDUSTRIAL TRANSITION BUSINESS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED ON COMMONWEALTH COURT (ROUTE 1167). NORTH OF THE ROUTE 11 AND ROUTE 37 INTERCHANGE. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 75-A-9IB. IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Deputy Director of Planning & Development Mike Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 12 acres of land from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers. The property is located at Commonwealth Court in the Shawnee Magisterial District. This proposal corresponds with the Comprehensive Plan. The applicant attempts to address the transportation impacts associated with this proposal. Deputy Director Ruddy then reviewed the proffer statement: Extension of Commonwealth Court to the south. Reservation and dedication of approximately 1.11 acres of/and to facilitate construction of a new ramp from 1-81 southbound to Route 37. Signalization of the intersection of Route 11 and Commonwealth Court. A regional stormwater management facility. $1,000.00 monetary contribution to Fire and Rescue. He went on to say that approval of the Generalized Development Plan with this rezoning would allow the Master Development Plan to be approved administratively by staff. He concluded by saying the Planning Commission recommended approval of this rezoning. Supervisor Van Osten asked if the proffer statement was in conformance with legal review. Deputy Director Ruddy responded yes. Minute Book Number 31 Board of Supervisors Regular Meeting of 05/10106 444 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Fisher stated there were a number of positives about this rezoning, one of which IS sIgnalization. Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board approved Rezoning #05-06. WHEREAS, Rezoning #05-06 of Commonwealth Business Center, Lot 2, Ventures I submitted by GreyWolfe, Inc., to rezone 12 acres from B3 (Industrial Transition Business) Distric to B2 (General Business) District with proffers was considered. The property is located a Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange, in the Bad Creek Magisterial District, and is identified by Property Identification Number (PIN) 75-A-9IB. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 19 2006; and WHEREAS, the Board of Supervisors held a publ ic hearing on this rezoning on May 10 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval ofthis rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board ofSupervison that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning Distric Map to change 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #06-06 OF CEDAR MEADOWS (AGE- RESTRICTED COMMUNITVl. SUBMITTED BY GREENWAY ENGINEERING TO REZONE 29.7 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT WITH PROFFERS. FOR 140 SINGLE F AMIL Y HOMES. THE PROPERTIES ARE LOCATED ON THE WEST SIDE OF WHITE OAK ROAD (ROUTE 636), APPROXIMATELY 0,6 MILES SOUTH OF THE INTERSECTION OF WHITE OAK ROAD AND TASKER ROAD (ROUTE 642). AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 75-A-I06 75-A-I07 75-A-114 75-A-115 75-A-116. AND 86-A-153 IN THE OPEQUON MAGISTERIAL DISTRICT, - APPROVED Minute Book Number 31 Board of Supervisors Regular Meeting of 05/1 0/06 445 Deputy Director of Planning and Development Mike Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for 140 single family homes. The property is located on White Oak Road in the Opequon District. The land is located in the Sewer and Water Service Area and the Urban Development Area. The density complies with the Comprehensive Plan. The applicant has provided a generalized development plan that shows a private road system to serve the proposed development. A gated access will serve a secondary point of entry for Parks and Recreation and Fire & Rescue. Deputy Director Ruddy went on to say the Board previously approved an ordinance to allow a waiver of the private street requirement. The applicant is requesting this waiver, per the ordinance requirements. Deputy Director Ruddy went on to say the Board should carefully consider this waiver request. He went on to say that part ofthis property is being considered for an extension of the bike trail. The Planning Commission held its public hearing on this application and three citizens expressed concerns over the proposed application. The applicant has revised the proffer statement to address the Commission's concerns. Deputy Director Ruddy reviewed the proposed proffers: A start up fund for the homeowner's association. A monetary contribution consistent with the Development Impact Model. Doubling of the Fire & Rescue contribution. There is no school proffer due to this being an age restricted community. Deputy Director Ruddy concluded by saying the Planning Commission recommended approval of the waiver request and the rezoning. Supervisor DeHaven advised that he would be abstaining from consideration of this application due to a conflict of interest. Supervisor Van Osten asked ifthere was an official bike plan which delineated a bike path along White Oak Road. Deputy Director Ruddy responded there was no plan for White Oak Road. Supervisor Van Osten asked if the private road through the development to Sherando Park would be gated. Deputy Director Ruddy responded emergency access has changed this road and he was not Minute Book Number 31 Board of Supervisors Regular Meeting of 05/1 0106 446 sure if it would be gated. Vice Chairman Ewing asked if it made sense to keep the proposed bike path on the east side of White Oak Road. Deputy Director Ruddy advised the east side of White Oak Road is outside of the Urban Development Area; however, a location on the east side might be desirable in the future. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf ofthe applicant. He stated this location seemed suitable for an age restricted development. The applicant wanted to develop a self-contained community; therefore, they proceeded with the waiver provision to allow the construction of a gated community. Mr. Wyatt went on to say that, following discussions with VDOT, the applicant believes they can meet both the horizontal and vertical pavement requirements. The applicant has also worked with the Department of Parks & Recreation to ensure the department's future development plans could be carried out. He went on to say that a number 0 agreements have been executed to remove existing structures on park property. The applicant is also putting in conduits for electrical and phone service to eliminate overhead lines. Mr. Wyatt reviewed the proposed proffers: The transportation proffers provide for the future expansion of White Oak Road, along with a proffer to fully fund the signalization at the intersection of White Oak Road and Tasker Road. A $20,000 start up fund for the homeowner's association. The Fire & Rescue proffer has been doubled. Mr. Wyatt went on to say, with regard to the bike path, the Department of Parks & Recreation have no plans to connect the existing bike lanes to White Oak Road and the applicant is not interested in building a path in front of their property. He concluded by saying that the applicant was requesting a waiver from the Board of Supervisors regarding private streets and also approval of the Cedar Meadows rezoning. Supervisor Lemieux asked if the fencing issue with the neighbors had been resolved. Mr. Wyatt responded yes. He went on to say the fence would be installed "up front". Supervisor Lemieux stated that he would like to see the maintenance fee assessment discussed, but not within the proffer context. Chairman Shickle asked about the 30' maintenance access. Minute Book Number 31 Board of Supervisors Regular Meeting of 05/10/06 447 Mr. Wyatt referred him to proffer D. 3., which had been revised to include Parks & Recreation and Fire & Rescue. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Van Osten asked Deputy Director Ruddy to reconcile Mr. Wyatt's comments regarding the bike trail. Mr. Ruddy stated the bike plan is being discussed. The County has the 1993 bike plan, but the MPO has since contracted with a consultant to overhaul the bike plan. He concluded by saying that it can be said there are more bike opportunities in the future and not just what is noted in the 1993 plan. Upon a motion by Vice Chairman Ewing, seconded by Supervisor Lemieux, the Board approved the waiver request pursuant to Section 144-24C. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Abstained Aye Aye Aye Aye Both Supervisor Van Osten and Vice Chairman Ewing stated they thought the bike path should be on the east side of White Oak Road. Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, the Board approved Rezoning #06-06. WHEREAS, Rezoning #06-06 of Cedar Meadows, submitted by Greenway Engineering, to rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family homes was considered. The property is located on the west side of White Oak Road (Route 636), approximately 0.6 miles south ofthe intersection of White Oak Road and Tasker Road (Route 642), in the Opequon Magisterial District, and is identified by Property Identification Numbers (PINs) 75-A-106, 75-A-I07, 75-A-114, 75-A-ll5, 75-A-1l6,and86-A-153. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 19, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 10, 2006; and WHEREAS, the Frederick County Board of Supervisors finds the approval ofthis rezoning Minute Book Number 31 Board of Supervisors Regular Meeting of 05/10/06 448 to be in the best interest of the public health, safety , welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family homes, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Charles S. DeHaven, Jr. Gary W. Dove Gene E. Fisher Philip A. Lemieux Barbara E. Van Osten Aye Aye Abstained Aye Aye Aye Aye PUBLIC HEARING - TO CONSIDER A REQUEST TO REVISE THE ROUND HILL COMMUNITY LAND USE PLAN. INCLUDING EXPANSION OF THE SEWER AND WATER SERVICE AREA (SWSA). THE ROUND HILL AREA INCLUDES LAND GENERALLY LOCATED NORTH AND SOUTH OF NORTHWESTERN PIKE (ROUTE 50), WEST OF ROUTE 37. AND EAST OF CRINOLINE LANE IN THE GAINESBORO AND BACK CREEK MAGISTERIAL DISTRICTS. - (RESOLUTION #070-06) APPROVED AS AMENDED Senior Planner Susan Eddy appeared before the Board regarding this item. She advised this was a proposed amendment to the Comprehensive Plan to modify the Round Hill Land Use Plan to expand the Sewer and Water Service Area. This proposed amendment was initiated at the request ofthe Board of Supervisors. All of the land studied under this proposal is part of the Round Hill Land Use Plan. The Frederick County Sanitation Authority does not currently serve this area and they recommended expansion not occur until 2009 in order to avoid possible capacity issues. On February 22,2006, the Board discussed the capacity and design issues associated with this proposal and felt their attempt to address the concerns ofthe two churches was not adequately addressed. The Board agreed to extend the corridor design standards to encompass the proposed SWSA expansion. The design standards added clarity to the text in the existing plan. Senior Planner Eddy advised that six citizens spoke in support of the proposed SWSA expansion at the Planning Commission public hearing. The Planning Commission expressed concern about the boundary lines for the expansion, as they were exclusive ofthe B2 zoned properties on the north side of Route 50 and the Round Hill Community Center and Fire & Rescue station. The Planning Commission recommended approval Minute Book Number 31 Board of Supervisors Regular Meeting of 05110106 447 of a slightly larger expansion of the SWSA to contain 189 acres. Senior Planner Eddy went on to say that the expansion of the SWSA is a policy decision only and is not a commitment to extend service lines to the new area. Further, the proposed expansion would allow only existing residences to connect. New residences would be excluded from connection. Chairman Shickle convened the public hearing. Doug Rinker, Gainesboro District and Lay Leader for Round Hill United Methodist Church, stated that he would like to see the SWSA boundary extended to include the Round Hill United Methodist Church. He went on to say the commercial properties along Route 50 would like to be included also. Mr. Rinker cited the following reasons for the church to be included in the SWSA expansion: The community plan includes properties vital to the community and the church is a vital part of the community. There is concern a church of370 members was left out of this plan due to an oversight. Expansion of the property and facility are impossible under current conditions. The congregation is in need of public utilities due to the amount of growth it is experiencing. He concluded by respectfully requesting that Round Hill United Methodist Church become part of the SWSA. Clinton Ritter, Gainesboro District, appeared before the Board on behalf some of the landowners in the Round Hill area. He was supportive of the SWSA expansion because water and sewer would increase the land values and tax base in the area. Further, expansion of the SWSA would give businesses an opportunity to expand in the area to help the tax base. Garland McCassam, Back Creek District, stated he was glad to see the Board considering the SWSA expansion. Greg Bishop, Back Creek District, was supportive ofthe SWSA expansion as the Round Hill Community had a lot of water Is ewer problems. William Fritz, Back Creek District, urged the Board to approve the SWSA expansion as the water in the area is horrible. He stated something has to be done. Don Jessup, Stonewall District and representati ve of Rose dale Church, stated this expansion was needed, the residents were for it, and they would help get it done. Minute Book Nnmber 31 Board of Supervisors Regular Meeting of 05/1 0/06 450 John Grove, owner of Cather' s Market, spoke in favor ofthe SWSA expansion. He stated the Community needs water and sewer. Mickey Groves, Gainesboro District, spoke in support of the SWSA expansion. Pastor Steve Rebert, Emmanuel Church and Gainesboro District, stated that he hoped this proposal was ministering to the community. He urged the Board not to pass them by as there were some needs in the community. Urell Hepner, Round Hill Community, stated that he hoped the citizens could depend on the Board to get water to the church. Gary Triggs, Gainesboro District, stated water and sewer was needed badly. He went on to say that Emmanuel Church can build or expand until it gets water and sewer. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Van Osten asked how far Round Hill Methodist Church was from the proposed expanded boundary. Senior Planner Eddy stated that is was approximately 1,500 feet from the proposed boundary. Supervisor Dove asked if the Board could add the church tonight or if another hearing was required. Administrator Riley advised that it could be added since the Board was setting policy. Supervisor Van Osten move to amend the Round Hill Land Use Plan to include 189.347 acres and to further extend the boundary to include the Round Hill United Methodist Church. The motion was seconded by Supervisor Dove. Supervisor DeHaven moved to amend the motion to establish the revised boundaries to include those pareels north of Round Hill Road and south of Route 50 to the intersection of Round Hill Road and Route 50. The motion was seconded by Supervisor Ewing. Supervisor fisher stated that he felt the Board was band aiding the situation. He went on to say that he was not sure why the boundary could not be drawn to include the northern properties. Supervisor Lemieux stated there was an obvious need for water and sewer; however, with potential capacity issues and total maximum daily load requirements, this was not the time to do this expansion; therefore, he could not support it. Minute Book Number 31 Board of Snpervisors Regular Meeting of 05/1 0/06 451 There being no further discussion, the above motion to amend the original motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charlcs S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Nay Barbara E. Van Osten Aye The amended motion to approve the Round Hill Land Use Plan was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Nay Barbara E. Van Osten Aye Chairman Shickle asked staff to articulate for those present what this Board action does. Senior Planner Eddy advised this was a policy decision that extends a boundary line. It was not a commitment to pay for or install water and sewer lines. The SWSA expansion equates to water and sewer service at a landowner's expense for a business or existing house. Supervisor Ewing stated the Board needed to begin serving existing property owners instead of making provisions for new ones. AN AMENDMENT TO THE FREDERICK COUNTY 2003 COMPREHENSIVE POLlCY PLAN CHAPTER 6, LAND USE WHEREAS, An amendment to The Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, to expand the Sewer and Water Service Area (SWSA) by approximately 251 acres and to amend the Round Hill Community Land Use Plan was considered. The properties are generally located north and south ofNorthwesteffi Pike (Route 50), west of Route 37 and east of Crinoline Lane, in the Back Creek and Gainesboro Magisterial Districts. This amendment was reviewed by the Comprehensive Plans and Programs Subcommittee (CPPS), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Comprehensive Plans and Programs Subcommittee (CPPS) held a public meeting of this Comprehensive Policy Plan amendment on January 9, 2006; and WHEREAS, the Planning Commission held a public hearing on this Comprehensive Policy Plan amendment on April19, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on May 10,2006; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Minute Book Number 31 Board of Supervisors Regular Meeting of 05/1 0/06 452 Comprehensive Policy Plan amendment to be in the best interest of the public health, safety, welfare, and in good planning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, is amended to include approximately 251 acres in the Sewer and Water Service Area (SWSA) and further amended to revise the Round Hill Community Land Use Plan. The SWSA expansion is described on the attached map. This ordinance shall be in effect on the day of adoption. OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #02-06 OF LLE. LLC ROUTE 11 PROPERTY - APPROVED Planner II Candice E. Perkins appeared before the Board regarding this item. She advised this was a master development plan for 3.7 acres zoned B2 (General Business) and B3 (Industrial Transition Business) for a retail and gas station use. The property is located in the Shawnee Magisterial District. Access to the site will be by one common right-inlright-out only entrance. The applicant proposes to locate a six-foot fence along the property line adjacent to the railroad. The Planning Commission approved a waiver of the zoning district buffer requirement to allow this buffer to be shifted to the northern property line. The applicant has addressed all of staff's concerns. She concluded by saying that staff is requesting the Board grant staff authority to approve this master development plan administratively. Joe Knechtel, Potesta & Associates, appeared before the Board on behalf of the applicant. Supervisor DeHaven expressed his concern about the future right-of-way needed at the south end of the property at the signalized intersection. Mr. Knechtel responded that the spaces have been reserved and are not included in the final count necessary for this use. The property will accommodate the needed right-of-way width. Supervisor Fisher asked if the proposed right-in/right-out entrance was similar to the one at Costco. Mr. Knechtel stated the island geometry was designed so a left turn would be quite difficult. Lloyd Ingram, VDOT engineer, stated VDOT would try to make the left turn as difficult as possible. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board authorized staff to administratively approve MDP #02-06. Minute Book Number 31 Board of Supervisors Regular Meeting of 05/10/06 453 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye DISCUSSION OF ORDINANCE AMENDMENT - CHAPTER 165. ZONING - RECREATIONAL FACILITIES - WAIVER OF COMMUNITY CENTERS IN SINGLE FAMILY. SMALL LOT SUBDIVISIONS - AUTHORIZED FOR PUBLIC HEARING Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a proposed ordinance change to allow the Board of Supervisors to waive the community center requirement for subdivisions having less than fifty (50) lots, provided an equivalent ofthree age-appropriate recrcational units for each thirty (30) dwelling units can be demonstrated. He concluded by saying this item was being presented for discussion purposes. Chairman Shickle polled the Board as to their feelings regarding this proposal. Supervisor DeHaven stated that he liked the concept, but was concerned that a small development might have the same requirements as a mid-sized or large development; however, he believed the case by case review was right. Supervisor Van Osten stated she could support the proposal. Vice Chairman Ewing stated he could support the proposal, but echoed Supervisor DeHaven's comments. Supervisor Dove agreed with Supervisor DeHaven. Supervisor fisher stated he could support the proposal. Supervisor Lemieux stated he could support the proposal. Chairman Shickle stated he could not support the proposal as written. Supervisor DeHaven expressed concern over the use of the term "pro-rated" as this might mean the County is wanting to get a specific number of units. He asked Zoning Administrator Cheran to define the formula used to determine the pro-rated share. Zoning Administrator Cheran responded the formula is the same as currently in the ordinance. Administrator Riley advised the ordinance could be written to specify that any proposed Minute Book Number 31 Board of Supervisors Regular Meeting of 05/10/06 454 development that comes forward with less than 50 lots would eligible to seek the waiver. Planning Director Eric Lawrence advised that a recreational unit is valued at $25,000 per unit per 10 housing units. Supervisor DeHaven advised he would yield to that, but felt there should be some guidelines. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved advertising the proposed amendment to Section I 65-64A for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye BOARD LIAISON REPORTS Supervisor Van Osten advised the Conservation Easement Authority has requested a meeting with the Board of Supervisors either collectively or individually to go over the proposed easements and memorandum of understanding to be considered by the Board at its May 24, 2006 meeting. The Authority would like to meet prior to May 24"1. She asked the Board to provide comments and feedback to her or Senior Planner Susan Eddy. CITIZEN COMMENTS There were no public comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY VICE CHAIRMAN EWING, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:15 P.M.) (LL-Q ~ Richard C. Shickle Chairman, Board of Supervisors JOh~Y Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 05/10/06 455 Minutes Prepared By: ~ f - '--1~~._11 Jay E. Tib s Deputy Clerk, Board of Supervisors Miuute Book Number 31 Board of Supervisors Regular Meetiug of 05/10/06