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May 13 2015 Regular Meeting MinutesA Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 13, 2015, at 6:15 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. I' O A=" Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; Jason E. Ransom; 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 Board convened in closed session pursuant to Section 2.2 -3711 A (3) of the Code of Virginia, 1950, as amended, for 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. 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 Jason E. Ransom Aye Robert W. Wells Aye Upon a.motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, 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 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Jason E. Ransom 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 that only acquisition of real property, pursuant to section 2.2 -3711 A (3) of the Code of Virginia, 1950, as amended, specifically 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 Minute Book Number 40 Board of Supervisors Regular Meeting of 05/13/15 29? negotiating strategy of the Board 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 Jason E. Ransom Aye Robert W. Wells Aye CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Pastor Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Interim County Administrator Rod Williams advised that he had no changes to the agenda. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the 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 Jason E. Ransom Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Interim Administrator Williams offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report — Tab D; - Public Works Committee Report — Tab E; and - Transportation Committee Report — Meeting •of April 27, 2015 -- Tab F. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, 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 Minute Book Number 40 Board of Supervisors Regular Meeting of 05/13115 " a • Gary A. Lofton Aye Jason E. Ransom Aye Robert W. Wells Aye CITIZEN COMMENTS Dorothy Carriker, Opequon District, advised that she was present to speak regarding the CB Ventures, LLC, rezoning and she was an adjoining property owner. She stated the proposed CB Ventures rezoning did not meet the current B -2 requirements. She briefly reviewed the description of the B -2 zoning district. She noted Aylor Road was not a major intersection and it was located about 1 /2 mile south of the nearest intersection. She went on to say approval of this rezoning would create a small oasis of B -2 in the area. She concluded by saying she was concerned about privacy, traffic, transients, and neighborhood safety. Ulysses Carriker, Opequon District, spoke regarding the CB Ventures, LLC, rezoning. He expressed concern about access to the property and nuisance factors. He noted the proposed six foot tall fence and a few trees would not address those concerns. He went on to say he was concerned about rodents, odors, and water run -off from the hill. He concluded by asking the Board to deny this proposed rezoning for the safety and tranquility of the neighborhood. Alan Moeck, Opequon District, addressed the Board regarding the proposed CB Ventures, LLC, rezoning. He noted there should be three other families at tonight's meeting, but they were unable to make. He stated there was no easy direct access route to the site. He was concerned about the effect on the two schools on Aylor Road. He noted the view from his house would be impacted by a building over 30 feet in height. He went on to say a hotel would bring a transient population and more crime. He concluded by saying he hoped the Board would deny the proposed B -2 rezoning petition. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisor's comments. MINUTES - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the Board approved the minutes from the April 15, 2015 special 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 Jason E. Ransom Aye Robert W. Wells Aye Minute Book ]Number 40 Board of Supervisors Regular Meeting of 05/13/15 299 Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the minutes from the April 15, 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 Jason E. Ransom Aye Robert W. Wells Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the minutes from the April 22, 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 Jason E. Ransom Aye Robert W. Wells Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF DR. ROBERT MEADOWS AS RED BUD DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Supervisor Ransom, seconded by Supervisor Wells, the Board appointed Dr. Robert Meadows as Red Bud District representative to the Historic Resources Advisory Board. This is a four year appointment. Term expires May 13, 2019. 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 Jason E. Ransom Aye Robert W, Wells Aye APPOINTMENT OF GARY OATES TOM SIMON AND MARTHA DILG TO THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon a motion by Supervisor Hess, seconded by Vice- Chairman DeHaven, the Board appointed the following: Gary Oates for a term to expire April 15, 2019; Tom Simon to fill the unexpired term of Walter Cunningham, said term to expire April 15, 2017; and Martha Dilg to fill the unexpired term of Michael Cundiff, said term to expire Minute Book Number 40 Board of supervisors Regular Meeting of 05 /13/15 _ April 15, 2016. 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 Jason E. Ransom Aye Robert W. Wells Aye REAPPOINTMENT OF DR. ROBERT R. MEADOWS AS RED BUD DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Ransom, seconded by Vice - Chairman DeHaven, the Board reappointed Dr. Robert R, Meadows as Red Bud District representative to the Extension Leadership Council. This is a four year appointment. Term expires June 22, 2019. 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 Jason E. Ransom Aye Robert W. Wells Aye APPOINTMENT_ OF GAIL RUSH AS OPEQUON DISTRICT REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Fisher, the Board appointed Gail Rush as Opequon District representative to the Social Services Board. This is a four year appointment. Term expires June 30, 2019. 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 Jason E. Ransom Aye Robert W. Wells Aye REAPPOINTMENT OF LYNN SCHMITT TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board reappointed Lynn Schmitt to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment. Term expires July 13, 2017. The above motion was approved by the following recorded vote: Minute Book Number 44 Board of Supervisors Regular Meeting of 45/13/15 Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Jason E. Ransom Aye Robert W. Wells Aye 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 Dominion Self Storage the amount of $4,012.15 for business license taxes for 2012, 2013, 2014, and 2015. This refund was the result of the taxpayer including rental on storage units, which is not subject to business license taxes, in gross receipts. Upon a motion Supervisor Hess, seconded by Supervisor Lofton, the Board approved the 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 Jason E. Ransom Aye Robert W. Wells Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on April 14, 2015. Members present were: Kevin Anderson, Randy Carter, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Patrick Anderson and Marty Cybulski. Items Reguiring Board of Supervisors Action: None Submitted for Board Information Only 1. Policy Revision — Park Suspension -- Mr. Carter moved to change the policy to read "A decision regarding a Park Suspension or other outcomes should be determined within seven business days of the incident. ", second by Mr. Madagan, motion carried unanimously (5 -0). 2. Policy Revision — Recreation Reserve Fund — Mr. Madagan moved to change the policy to read "Staff will request the Commission to recommend receiving the discounted registration fees from the Recreation Reserve Fund's Recreation Assistance Fund at the July Parks and Recreation Commission meeting. This request will be forwarded to the Finance Committee for recommendation to the Board of Supervisors for reimbursement. The Recreation Assistance Fund is known as the PLAY Fund, an acronym for People Lending Assistance to Youth. ", second by Mr. Anderson, motion carried unanimously (5 -0). PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA Minute Book Number 40 Board of supervisors Regular Meeting of 0511311.5 302 The Public Works Committee met on Tuesday, April 28, 2015 at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: ** *Items Not Requiring Action * ** 1. Request to Purchase Vehicle for Inspections The committee reviewed a request from the Building Official, Mr, John Trenary, to purchase an additional vehicle in the current fiscal year budget. The justification for this purchase was the need to replace an aging, high mileage vehicle and the fact that actual revenues will exceed projected revenues by approximately $300,000. This additional vehicle had been cut from the proposed Fiscal Year 201512016 budget. This original budget request had included two (2) vehicle purchases. One of these vehicle purchases has been approved in the current Fiscal Year 2014/2015 budget. The committee unanimously endorsed the additional vehicle purchase. The request will be forwarded to the finance committee for their review and action. 2. Discussion of Fees for Use of County Public Meeting Spaces The committee briefly discussed the implementation of fees for the use of county public meeting spaces. After this brief discussion, Assistant County Administrator, Mr. Kris Tierney, indicated that he would research available data on usage of these spaces throughout the county buildings and present his findings at the next scheduled committee meeting. 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 TRANSPORTATION COMMITTEE REPORT — MEETING OF APRIL 27 2415 — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on April 27, 2015 at 8:30 a.m. Members Present Chuck DeHaven (voting) James Racey (voting) Gene Fisher (voting) Barry Schnoor (voting) Jason Ransom (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ** *Items Requiring Action * ** None. ** *Items Not Requiring Action * ** 1. MPO Draft Unified Planning Work Program Minute Book Number 40 Board of Supervisors Regular Meeting of 05/13/15 303 Staff presented a brief overview and update on the program. It was noted this is an annual adoption and the following tasks of the Win -Fred MPO were mentioned, noting the first four are standard annually: Program Management and Administration; Transportation Improvement Program (TIP); State /Federal Requested Work Tasks; Public Mobility; Local Technical Assistance; Pedestrian Planned Development; System Planning; Long Range Planning, Modeling, GIS and Data. A question was raised as to when the study is to start. Staff noted July is the anticipated start date. The Transportation Committee had no issues with the proposed program. 2. Kernstown Area Plan Staff presented an update on the Kernstown Area Plan and mapping of the land uses and transportation in this area. Staff noted areas of concern and the cleanup efforts in place. The Committee posed the question are we comfortable making changes in the plan. Staff also noted that public input is important and therefore a public meeting is scheduled for May 26, 2015 at 7:00 p.m. to be held at the Valley Farm Credit office. A question was asked how this meeting will be advertised. Staff replied it will be advertised via newspaper, County web, and direct contact with those living in the affected areas. The Committee would like to see a more in depth map to identify areas such as: flood plain, railroad crossings, road names, etc... such mapping will be provided. This item will be discussed further at a future meeting. 3. Other Staff provided an update on House Bill 2 from an April 14, 2015 meeting. Mr. Bishop gave a brief overview of the category placement and where Frederick County falls within these categories. Staff noted the Technical Committee for MPO has made a recommendation to go from Category B to Category C. House Bill 1887 was also discussed briefly. The Committee asked if 1887 is an amendment or a further classification. Staff noted it appears to be an additional layer of legislation that is related to HB2 not part of it. . Staff reported that the revenue sharing projects continue to move forward. The Snowden Bridge project is going well. TRANSPORTATION COMMITTEE REPORT — MEETING OF MAY 4, 2015 — APPROVED The Transportation Committee met on May 4, 2015 at 8:30 a. in. Members Present Chuck DeHaven (voting) James Racey (voting) Jason Ransom (voting) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Barry Schnoor (voting) Gene Fisher (voting) Gary Oates (liaison PC) 'Items Requiring Action * ** 1. 14132 Classification Discussion Staff reviewed the draft classifications and the most recent Secretary of Transportation presentation to the Commonwealth Transportation Board with the Committee. Staff noted that while VDOT currently has the County rated as a B, it is the opinion of our local VDOT partners and staff that within our MPO area we should be rated a C and within our rural areas we should be rated a D. This it is believed, would make the County more competitive and gives greater weight to items such as economic development and safety that were identified as our top priorities regionally early in the process. It was noted that many localities across the state are requesting adjustments and that VDOT and the CTB are listening. At the request of the committee, Staff has since followed up with the regional commission to determine what their conversations with our CTB member would indicate his feelings are on this. Ms. Shickle, Executive Director of the Northern Shenandoah Valley Regional Commission, indicated that our CTB member, Mr. Whitworth, is supportive of localities that request changes to their classification. Minute Book Number 40 Board of Supervisors Regular Meeting of 05/13/15 304 On motion by Mr. Ransom that was seconded by Mr. Racey, the committee recommended that the Board endorse a change in classification from B for the entire County to C for the MPO area and a D for the rural areas. Motion passed unanimously. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved changing the classification from B to C within the MPO and D for the rural areas. 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 Jason E. Ransom Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** 2. Interstate, Primary, and Secondary Road Improvement Plans The committee recommends approval with some minor modifications. This item will be appearing independently as a public hearing item on a future Board agenda. 3. Other PUBLIC HEARING 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, 510,200; AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9,000. - APPROVED Interim Administrator Williams advised this was a public hearing to set the annual salaries of the Board of Supervisors. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved the ordinance setting the annual salaries of the Board of Supervisors. BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for the fiscal year beginning July 1, 2015, 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 Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Minute Book Number 40 Board of Supervisors Regular Meeting of 05/13/15 305 Robert A. Hess Aye Gary A. Lofton Aye Jason E. Ransom Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #01 -15 BLACKBURN COMMERCE CENTER SUBMITTED BY STOWE ENGINEERING, PLC.. TO REZONE 128.56 +/- ACRES AS FOLLOWS: 92.066 +/- ACRES FROM RA (RURAL AREAS) DISTRICT TO M1 (LIGHT INDUSTRIAL) DISTRICT AND 36.754 +/- ACRES ARE TO REMAIN RA (RURAL AREAS) WITH PROFFERS. THE PROPERTY IS LOCATED ADJACENT TO DAWSON DRIVE APPLE VALLEY ROAD AND ROUTE 37 AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 63 -A -801 IN THE BACK CREEK MAGISTERIAL DISTRICT. - (RESOLUTION #072 -15) - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 128.56 acres from RA (Rural Areas) District to M1 (Light Industrial) District with proffers and 36.754 acres are to remain RA (Rural Areas) District. The property is located in the Back Creek Magisterial District. The proposed industrial uses are consistent with the Comprehensive Plan. Deputy Director Ruddy briefly reviewed the proffer statement. He noted all M -1 uses were permitted. A generalized development plan was provided, Access to the site would be via Apple Valley Road and Dawson Drive. The applicant has also proffered up to $625,000 for transportation improvements. The applicant has proffered a height limitation of 60 feet. Landscape screening and a green space buffer have been provided. The applicant has also proffered a fire and rescue contribution of $10,000. He noted the Planning Commission recommended approval with a modification to the timing of the transportation proffers. Deputy Director Ruddy concluded by saying staff was seeking a Board decision on this proposed rezoning request. Tim Stowe, Stowe Engineering, appeared before the Board on behalf of the applicant. He noted this project was a model for the business friendly approach and the approach has worked. He noted the wetlands on the property would constrain how the site could be developed. He went on to say a lot of the development was pushed south. He went on to say the applicant was concerned with how the project would impact neighbors so they implemented buffers and screening and limited the building heights. Mr. Stowe advised the applicant felt a regional approach to transportation was the best way to address traffic. He stated the applicant had provided a bus pull off on the site and the Kernstown Battlefield Foundation would be permitted to hunt for relics on the property and display them at their facility. He concluded by Minute Book Number 40 Board of Supervisors Regular Meeting of 05/13/15 'T saying staff had worked closely with the applicant and he requested approval of this application. Chairman Shickle convened the public hearing. Alan Moeck, Opequon District, spoke in support of the proposed use on the property; however, he did have concerns about the overall traffic improvements and how the increased traffic might impact the area. There being no further comments, Chairman Shickle closed the public hearing. Mr. Stowe advised that the applicant has attempted to follow the Comprehensive Plan and they made a contribution to offset impacts they might have. Supervisor Lofton noted Route 11 was a truck route and there was already quite a bit of truck traffic there. He noted the proffers would mitigate some of the congestion this project would introduce. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved rezoning #01 -15 Blackburn Commerce Center. 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 Jason E. Ransom Aye Robert W. Wells Aye PU BLIC HEARING - ORDINAN AMENDMENT TO THE FREDERICK COUNTY CODE -- CHAPTER 165 ZONING, ARTICLE V — PLANNED DEVELOPMENT DISTRICTS PART 501 — R4 RESIDENTIAL PLANNED COMMUNITY DISTRICT 165- 501.03 PERMITTED USES. REVISION TO THE FREDERICK COUNTY ZONING ORDINANCE TO INCLUDE THE OM (OFFICE MANUFACTURING PARK) DISTRICT TO THE PERMITTED USES IN THE R4 DISTRICT. — RESOLUTION #073 -15 - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a minor revision to the Zoning Ordinance to include the OM (Office Manufacturing Park) District to the permitted uses in the R4 District. The Planning Commission held a public hearing on this proposed amendment and recommended approval. 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 Vice- Chairman DeHaven, the Board approved the ordinance amending The Frederick County Code, Chapter 165 Zoning, Part 501 — Minute Book Number 44 .Board of supervisors Regular Meeting of 05/13/15 307 R4 Residential Planned Community District Article V — Planned Development Districts §165- 501.03 Permitted Uses. WHEREAS, an ordinance to amend Chapter 165, Zoning to include the OM (Office- Manufacturing Park) Zoning District to the permitted uses list within the R4 (Residential Planned Community) Zoning District was considered; and WHEREAS, The Planning Commission held a public hearing on this ordinance on April 15, 2015; and WHEREAS, The Board of Supervisors held a public hearing on this ordinance on May 13, 2415; 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 ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify Part 501 — R4 Residential Planned Community District; Article V --- Planned Development Districts; §165- 501.03 Permitted Uses; to include the OM (Office- Manufacturing Park) Zoning District to the permitted uses list within R4 (Residential Planned Community) Zoning District. This amendment shall be in effect on the day of adoption. Chapter 165 ARTICLE V - PLANNED DEVELOPMENT DISTRICTS Part 501 — R4 Residential Planned Community District § 165- 501.01 Intent. The intention of the Residential Planned Community District is to provide for a mixture of housing types and uses within a carefully planned setting. All land to be contained within the Residential Planned Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approval of the master development plan by the County. Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new neighborhoods with an appropriate balance between residential, employment and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R4 development. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. § 165 - 501.02 Rezoning procedure. In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article VIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. The master development plan review procedures described by Article Vlll must also be completed concurrently with or following the consideration of the rezoning. Minute Book Number 40 Board of Supervisors Regular Meeting of 05/13/15 A. Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all potential impacts, including impacts on surrounding lands, the environment and on public facilities and services. B. Land dedication. Land shall be dedicated in planned community developments for roads and facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs. C. Addition of land. The Board of Supervisors may approve the addition of land to an approved planned community through the procedures set forth in this chapter for the original approval of a planned community development. § 165- 501.03 Permitted uses. All uses are allowed in the R4 Residential Planned Community District that are allowed in the following zoning districts: RP Residential Performance District B1 Neighborhood Business District B2 General Business District B3 Industrial Transition District OM OM Office- Manufacturing Park District M1 Light Industrial District 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 Jason E. Ransom Aye Robert W. Wells Aye PUBLIC HEARING - ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE — CHAPTER 165 ZONING, ARTICLE II SUPPLEMENTARY USE REGULATIONS,_ PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, PART 202 -- OFF - STREET PARKING, LOADING AND ACCESS, §165- 202.01 OFF - STREET PARKING; PARKING LOTS. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO INCLUDE THE USE OF PERMEABLE PAVING SYSTEMS FOR PARKING LOTS. — RESOLUTION 9074 -15) - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was an ordinance revision to allow permeable paving systems in all zoning districts. She advised this change was due to changes in the storm water regulations. This proposed amendment would allow the Zoning Administrator and Director of Public Works to approve the use of permeable pavers. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board Minute Book Number 40 Board of Supervisors Regular Meeting of 05 /13/15 approved the ordinance amending The Frederick County Code, Chapter 165 Zoning, Part 202 — Off - Street Parking, Loading and Access, Article 11 — Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses § 155- 202.01 off - street parking; parking lots. WHEREAS, an ordinance to amend Chapter 165, Zoning to allow the use of permeable pavers for the construction of parking areas within all zoning districts was considered; and WHEREAS, The Planning Commission held a public hearing on this ordinance on April 15, 2015; and WHEREAS, The Board of Supervisors held a public hearing on this ordinance on May 13, 2015;; 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 ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify Part 202 — off - street parking, loading, and access, Article II — Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, §165- 202.01 off street parking, parking lots to allow the use of permeable pavers for the construction of parking areas within all zoning districts. This amendment shall be in effect on the day of adoption. Chapter 165- Zoning Article 11 SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 202 — Off - Street Parking, Loading and Access § 165 - 202.01 Off - street parking; parking lots. Off- street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights - of -way does not interfere with traffic. D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (1) Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 General Business District, the B3 Industrial Transition District, the OM Office - Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, MS Medical Support District, RA (Rural Areas) District and the HE (Higher Education) District, parking lots shall be paved with concrete, bituminous concrete, or similar materials. Such surface materials shall provide a durable, dust and gravel -free, hard surface. a. The Zoning Administrator may allow for the use of other hard - surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime -and -seal treatment or an equivalent surface. Minute Book Number 40 Board of Supervisors Regular Meeting of 05/13/15 310 b. In the RA (Rural Areas) District parking lots with (10) or fewer spaces shall be permitted to utilize gravel surfaces. c. Reinforced grass systems, , or other suitable materials may be used for overflow parking areas, low volume access ways in all Zoning Districts and for agricultural uses in the RA (Rural Areas) District. Parking areas utilizing these materials shall have defined travel aisles and designated parking bays. These materials shall only be utilized with approval of the Frederick County Zoning Administrator and the Director of Public Works. d. The Zonina Administrator may approve alternative surface materials fo r Pa lots for Parcels located inside of the Sewer and Water Service Area when necessary to implement low impact development desi n and where approved by the Director of Public Works materials may include but are not limited to permeab paving systems. 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 Jason E. Ransom Aye Robert W. Wells Aye OTHER PLANNING ITEMS 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 OPE UON MAGISTERIAL DISTRICT. VOTE POSTPONED FROM BOARD MEETING OF MARCH 11, 2015.) — VOTE POSTPONED UNTIL JUNE 10 2015 MEETING Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 2.42 acres in the Opequon Magisterial District from B 1 to B2. He reviewed the proposed generalized development plan associated with this project. He stated the Planning Commission recommended denial of this proposal because of impacts on the neighborhood character of the area. He noted the Board postponed action on this application for sixty days to allow the applicant to address concerns expressed. He advised the applicant had reduced the maximum height of any structure to 35 feet instead of 50 feet. He concluded by saying staff was seeking a decision from the Board regarding this request, Supervisor Wells asked if he was correct that he did not see a significant "no" from VDOT. Deputy Director Ruddy responded yes and noted that the generalized development plan includes portions of the road relocation project VDOT is working on. Ben Montgomery appeared before the Board on behalf of the applicant. He noted the Minute Book Number 40 Board of Supervisors Regular Meeting of 05/13/15 311 proposed maximum height of 35 feet was defined by the Zoning Ordinance and was the same height allowed in the B 1 zoning district. He went on to say there would be impacts to the adjoining residential properties if the property were developed as either a B1 or B2 property. With regard to the stormwater management concerns expressed, Mr. Montgomery noted they would be addressed by proper stormwater management and best management practices. He went on to say there would be a pond at the lowest point on the property. He stated the impacts to adjoining properties from a B1 or B2 project would be no different now because of the reduced height. Supervisor Hess asked Mr. Montgomery if he met with the neighbors after the Board postponed action in order to allow him time to do that. Mr. Montgomery responded no, that did not happen. Chairman Shickle asked for clarification to make sure there was no misunderstanding. He stated it was his understanding the Board postponed action on this application in order to give the applicant an opportunity to do something, that time has since passed, and the applicant did not do what they said they were going to do. Mr. Montgomery agreed with that interpretation. Supervisor Wells stated that he had just received some new pieces of information during the meeting with regard to building height and an illustration of a proposed hotel building. He asked if it would be appropriate to postpone the vote one more time. Chairman Shickle responded that if new information had been received then it was okay to postpone, but if there was no new information then it would be a bad precedent to postpone. Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board postponed Rezoning #05 -14 until the June 10, 2015 meeting. 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 Jason E. Ransom Aye Robert W. Wells Aye MASTER DEVELOPMENT PLAN #02 -15 — BLACKBURN COMMERCE CENTER. — APPROVED WAIVER REQUEST Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for 139 acres of RA (Rural Areas) and M1 (Light Minute Book Number 40 Board of supervisors Regular Meeting of 05113115 312 Industrial) zoned properties. She briefly reviewed the master development plan. She noted the applicant was requesting a waiver to utilize private roads within the development, pursuant to §144 -24C of the Frederick County Subdivision Ordinance. Upon a motion by Supervisor Lofton, seconded by Vice-Chairman DeHaven, the Board approved the waiver request. 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 Jason E. Ransom Aye Robert W. Wells Aye BOARD LIAISON REPORTS Supervisor Lofton advised that he attended a meeting at Lord Fairfax Community College regarding Synagro's biosolids application. He stated the presentation was excellent. He noted new rules and guidelines had been adopted regarding run -off and odor. He went onto say there is a public comment period and citizens could find out more through the Department of Environmental Quality's website. CITIZEN COMMENTS Shawn Graber, Back Creek District, spoke regarding the proposed $91.9 million dollar price tag for the 4"' high school. He asked if the Board had been in discussion regarding a possible public hearing on this proposed 0' high school. He went on to say that in lieu of building new, it might be a good idea to expand the three existing high schools. He concluded by urging the Board to have a public discussion about saving money for the county. BOARD OF SUPERVISORS COMMENTS Supervisor Wells thanked Mr. Jim Stephens for his eight years of passionate service on the Social Services Board, Supervisor Fisher informed the Board that Chairman Shickle was honored by Dr. Fitzsimmons and Shenandoah University with the Medal of Honor. He then spoke regarding the proposed 4 th high school. He stated that talking numbers at these early stages are dangerous. He noted some of the numbers were established so the project could be placed on the CIP list. He went on to say that he thought we could do better than $91 million and the schools were working with the architect to simplify the structure. Minute Book Number 40 Board of Supervisors Regular Meeting of 05113115 _1 3 Supervisor Hess applauded the students for their hard work on the Service Learning projects. He noted a lot of great ideas come out of these projects and he would encourage the Board to spread the presentations over two nights next year in order to give the students more time to talk about their projects, 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. (3:45 P.M.) Richard C. Shickle oderick B. Williams Chairman, Board of Supervisors Interim Clerk, Board of Supervisors Minutes Prepared By. c F `� Jay E. ib s Deputy Clerk, Board of Supervisors Minute Book Number 40 Board of Supervisors Regular Meeting of 05/13/15