Loading...
HomeMy WebLinkAboutOctober 27, 1999 Regular Meeting 347 A Regular Meeting of the Frederick County Board of Supervisors was held on October 27, 1999, at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman James L. Longerbeam, Vice Chairman Richard C. Shickle; Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; and Margaret B. Douglas. CALL TO ORDER Chairman Longerbeam called the meeting to order. INVOCATION The invocation was delivered by Reverend Carl E. Moore with Maranatha Fellowship. ADOPTION OF AGENDA County Administrator Riley stated that he had nothing to add. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the agenda was adopted as presented by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA County Administrator Riley suggested the following tabs for approval under consent agenda: 1. Resolution Re: Request for Installation of "Watch for Children" Sign - Ridgefield Avenue, Stephens City - Tab C; 2. Conditional Use Withdrawal for GEM Limousine - Tab S; 3. Code and Ordinance Committee Report - Tab T. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the consent agenda, as noted above, was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 348 No one appeared before the Board at this time. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, the minutes of the regular meeting of September 22, 1999, were approved as presented by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye MARY JANE LIGHT. MEMBER OF THE WINCHESTER-FREDERICK COUNTY HISTORICAL SOCIETY PRESENTED BOARD MEMBERS WITH A COPY OF "FREDERICK COUNTY. VIRGINIA: HISTORY THROUGH ARCHITECTURE" WRITTEN BY MARAL S. KALBIAN In 1987, the Board of Directors of the Winchester-Frederick County Historical Society expressed concern about the loss of so many historic county buildings. It was determined that the county needed to conduct an architectural survey of its historical resources. With the approval and financial support of the Frederick County Board of Supervisors and others, this book was published in order that more than 1,800 properties that were 50 years or older would be documented, photographed, and mapped. Mrs. Light presented each Board member with a copy of this book, and thanked them for their financial support with this project. BEN P. HALLAM REAPPOINTED TO THE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FROM STONEWALL DISTRICT Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, Ben P. Hallam was reappointed to the Industrial Development Authority from Stonewall District. This term will commence on November 10, 1999, and expire on November 10, 2003. This is a four year term. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BETTY B. LANDRUM APPOINTED TO HANDLEY REGIONAL LIBRARY BOARD Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 349 Upon motion made by Supervisor Smith, seconded by Supervisor Sager, Betty B. Landrum was appointed to the Handley Regional Library Board as a representative of Frederick County. This term will commence on November 30, 1999 and expire on November 30,2003. This is a four year term. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye JAMES R. LARRICK. JR. RENOMINATED TO BOARD OF ZONING APPEALS FROM GAINESBORO DISTRICT Upon motion made by Supervisor Shickle, seconded by Supervisor Smith, James R. Larrick, Jr., was nominated to the Board of Zoning Appeals from Gainesboro District. This nomination is submitted to the Judge of the Circuit Court for his review and decision. This is a five-year term. This term will commence on January 1,2000 and expire on December 31,2004. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#016-99) RE:REOUEST FOR INSTALLATION OF "W ATCHFOR CHILDREN" SIGN - RIDGE FIELD AVENUE. STEPHENS CITY - 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 such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Ridgefield Avenue (Route 1065) is located in a residential area and is within the secondary road system and is a viable candidate for a "Watch for Children" sign, and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install a "Watch for Children" sign in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 350 BE IT FURTHER RESOLVED, that a certified copy oftms resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. REQUEST FROM REGIONAL JAIL SUPERINTENDENT FOR APPROPRIATION OF FUNDS FROM JAIL FUND BALANCE - APPROVED Superintendent Fred Hildebrand addressed the Board concerning his request. He explained that even though his memo indicates he is requesting $115,000, the amount is actually $67,000 of which $40,000 is for the Telephone System Replacement and $27,000 for the Upgrade of Generators. He further explained that no local funding is being requested. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the above request of Superintendent Hildebrand was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W.Hamn~onSmith,Jr.-Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye REQUEST FROM WINCHESTER REGIONAL AIRPORT DIRECTOR TO CARRY FORWARD FUNDS - APPROVED Director Renny Manuel was present on behalf of the following budget request: The Winchester Regional Airport would like to request that the ending balances as of June 30, 1999 be rolled forward to FY99-00 for the following on going capital projects: Expenditure Lines Land Acqu. - South RPZ - Phase I 85-08103-7801-000-016 $ 17,778.40 Land Acqu. - South Phase II 85-08103-7801-000-031 $494,690.48 Revenue Lines State-Land Acq. South RPZ - Phase I 85-024040-0017 $ 1,422.27 Fed - Land Acq. South RPZ - I 85-033010-0014 $ 16,000.56 State - South - Phase II 85-024040-0020 $395,752.38 Local Share $ 99,293.67 Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Hamngton Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 351 REOUEST FROM COUNTY FINANCE DIRECTOR TO APPROPRIATE FIRE AND RESCUE PROFFERS-APPROVED County Administrator Riley explained that the county has received two large proffers for fire and rescue. One ofthe proffers is in the amount of$10,000 and the other $19,441.74. Due to the fact that these are such large amounts the finance director is requesting that the Board appropriate the funds so that these funds may be dispersed to the fire and rescue departments as soon as possible. Upon motion made by Supervisor Shickle, seconded by Supervisor Smith, the above request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Supervisor Shickle stated that the fire and rescue association has requested to have this information broken down in order to show what these funds are for. ESTIMATE FOR INDEPENDENT INTERNET SERVER - POSTPONED County Administrator Riley explained that he had not been able to schedule a meeting with Dr. Beck, President of Lord Fairfax Community College, in order to discuss this estimate; therefore, he would ask that this matter be postponed until the Board meeting of November 10. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the request pertaining to the independent Internet server is postponed until the next Board meeting. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shick1e - Aye W. Hamngton Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #015-98 OF JACK K. WAMPLER TO REZONE 0.69 ACRES OF A 20 ACRE PARCEL FROM B3(INDUSTRlAL TRANSITION) DISTRICT TO RA (RURAL AREAS) DISTRICT AND TO AMEND THE PROFFERS THAT WERE ADOPTED BY THE BOARD OF SUPERVISORS ON DECEMBER 9. 1998. THIS PROPERTY IS LOCATED ON THE WEST SIDE OF MARTINSBURG PIKE (ROUTE 11) APPROXIMATELY 0.5 MILES SOUTH OF THE INTERSECTION WITH HOPEWELL ROAD (ROUTE 672) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 33-A-164D IN THE Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 352 STONEWALL MAGISTERIAL DISTRICT - APPROVED Assistant Planning Director Evan Wyatt presented this request to the Board. Supervisor Orndoff had some concerns about an inactive buffer. County Attorney Larry Ambrogi explained what the law says about adverse possession and that each case is different. There was no public input. Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING-CONDITIONAL USE PERMIT #16-99 OF MARTHA TATUM FORA COTTAGE OCCUPATION - GRAPHICS WORKSHOP. THIS PROPERTY IS LOCATED AT 337 MUMAU MILL LANE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 93-A-47 IN THE OPEQUON MAGISTERIAL DISTRICT - APPROVED Planner I Mark Cheran presented this request to the Board advising that staff and planning commission recommended approval with conditions. There was no public input. Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, CUP # 16-99 was approved, as presented, by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #17-99 OF GARLAND L. BOYCE. SR. FOR A PUBLIC GARAGE - AUTO REPAIR. THIS PROPERTY IS LOCATED AT 641 MCDONALD ROAD (ROUTE 616). APPROXIMATELY TWO MILES WEST OF W ARDENSVILLE GRADE (ROUTE 608) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 51-22-G IN THE BACK CREEK MAGISTERIAL DISTRICT - DENIED Planner I Amy Lohr presented this request to the Board advising that the planning commission had recommended denial of this request. The following citizens appeared before the Board concerning this conditional use permit: Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 358 Eric Heflin, area resident, asked that this CUP request be denied as traffic problems currently exist in this area and this garage would only add to that problem. He further explained that the structure in which this family currently resides is not in compliance with the State Building Code. Daniel Boyce, told the Board that he grew up in this area, and he does not feel this business would create any additional traffic problems, and in his opinion there is no problem with traffic now. Gilbert Strosnider, area resident, asked the Board to deny this request. Daniel Whitacre, area resident, asked for a show of hands of those present that feel this request should be denied. Approximately 10-12 citizens raised their hands. Sally Boyce, wife of applicant, asked the Board to let their family continue with this business, as she feels it is a type of business needed in the area. She asked for a show of hands of those present that were in favor ofthe business. Approximately 6 -7 citizens raised their hands. Julie Miller, customer of Boyce's, explained to the Board that she would like to see this CUP approved. Supervisor Douglas explained that she had received numerous calls for and against this request; however, based on what has been presented to her, she feels that she should move for denial of CUP # 17-99. Supervisor Shickle seconded the motion for denial. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, SI. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #19-99 OF OTAN (OUTREACH TO ASIA NATIONALS) FOR A HUMANITARIAN AID ORGANIZATIONAL OFFICE. THIS PROPERTY IS LOCATED AT 261 BETHANY HILL DRIVE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 30-7-10 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planner I Mark Cheran presented this conditional use permit request to the Board. There was no public input. Upon motion made by Supervisor Shickle, seconded by Supervisor Smith, CUP # 19-99 was approved by the following recorded vote: Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 354 James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #20-99 OF CFW INTELOSN A PCS ALLIANCE FOR A 140' MONOPOLE TELECOMMUNICATIONS TOWER. THE SITE IS LOCATED AT 294 FOOTSTONE LANE (JAMES L. PATTON PROPERTY) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 42-A-332 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Zoning Administrator Mike Ruddy presented this conditional use permit request to the Board. Chairman Longerbeam asked if the county had reached the point where there are adequate towers located within the county. Planning Director Kris Tierney explained there are areas within the county that are not currently being served, and that his office is seeing more tower applications. Chairman Longerbeam explained that he thought CFW was covering the entire county. Paula Figgatt, with CFW, addressed the Board to explain that it depends on what the citizens want, as to how many towers CFW makes application for in the county. She further explained that her company does offer a co-location; however, it is at a fee. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Shickle, CUP #20-99 was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye Chairman Longerbeam stated that he felt the county had reached the point wherein enough is enough, and he felt that was the situation with additional towers being located throughout the county. Ifthe county needs to retain the services of experts in this area, in order to determine how many towers this county needs in order to meet the needs ofthe citizens, then that is what we need to do. He does not want to see towers being erected throughout the county at the rate they have been during the past few years. He directed the planning staff to look into this, and report back to the Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 355 Board as soon as possible. PUBLIC HEARING - CONDITIONAL USE PERMIT #21-99 OF CFW INTELOSN A PCS ALLIANCE FOR A 140' MONOPOLE TELECOMMUNICATIONS TOWER. THE SITE IS LOCATED ON 161 TRINITY LANE (ROUND HILL UNITED METHODIST CHURCH PROPERTY) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 52-A-142A IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Zoning Administrator Mike Ruddy presented this request to the Board. Mr. Warren Rankin, area resident living in close proximity of the church, appeared before the Board, and asked that they deny this request as he does not want this tower close to his property. Winston McKay, representing Round Hill United Methodist Church, appeared before the Board and advised them that this tower proposal has been presented to the 350 members of the church congregation and they are in favor of the tower location. Chairman Longerbeam asked how much is the church being compensated for the tower being located on their property. Mr. McKay replied $300 per month. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, CUP #21-00 was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #22-99 OF CFW INTELOSN A PCS ALLIANCE FOR A 180' MONOPOLE TELECOMMUNICA nONS TOWER. THE SITE IS LOCATED NEAR THE INTERSECTION OF MARLON DRIVE AND ROUTE 50 WEST (CALVIN L. RITTER PROPERTY) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 40-A148 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Zoning Administrator Mike Ruddy presented this request to the Board. There was no public input. Upon motion made by Supervisor Shickle, seconded by Supervisor Orndoff, CUP #22-99 was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 356 Chairman Longerbeam advised that if he were staying on this Board their would not be another tower approved without a master plan on telecommunications in place. PUBLIC HEARING - PROPOSED AMENDMENTS TO CHAPTER 165. ZONING. AMENDING SECTION 165-59. PERMITTED USES - RP (RESIDENTIAL PERFORMANCE) ZONING DISTRICT. ESTABLISHING SINGLE FAMILY SMALL LOT HOUSING; SECTION 165-65F; DEFINING DIMENSIONAL REOUlREMENTS FOR SINGLE FAMILY SMALL LOT HOUSING; SECTION 165- 29. MOTOR VEHICLE ACCESS; SECTION 165-37.C.m PERIMETER SINGLE FAMILY SEPARATION BUFFERS ;SECTION 165-63. OPEN SPACE REOUlREMENTS; SECTION 165-64. RECREATIONAL FACILITIES. IN ADDITION. PROPOSED AMENDMENT TO CHAPTER 144. SUBDIVISION. AMENDING SECTION 144-25. LOT ACCESS. THE PROPOSED AMENDMENTS MODIFY A PREVIOUSLY EXISTING HOUSING TYPE PROVIDING ADDITIONAL FLEXIBILITY WITHIN THE ORDINANCE AND INCREASED DESIGN STANDARDS AND AMENITIES - APPROVED Zoning Administrator Mike Ruddy presented these proposed amendments to the Board, and explained that the text has been refined in an effort to combine patio homes with the proposed senior housing to form a single housing type referred to as Single Family Small Lots. The housing type would require additional amenities if this small lot size were used and would not be limited to elderly housing. He further explained that it is the intent of this revision to ensure a quality development through the provision of additional amenities such as recreational facilities, increased landscaping standards, and quality private road design. A higher quality development would be assured regardless of the status ofthe owners. In addition, the minimum lot size would be increased over that currently permitted in Patio Homes. The proposed housing type would permit a reduction in the required setback and buffer distances, and would permit access via private roads. Mf. Ruddy went on to explain that the resulting amendment enhances the existing RP (Residential Performance) requirements and provides additional flexibility within the ordinance. More importantly, efficient administration and enforcement of the ordinance would be accomplished. Once again, it should be recognized that developers do have the ability, through deed restrictions and covenants, to limit ownership based upon the senior status of the persons buying into the development. Steve Gyurisin, of G. W. Clifford Associates, appeared before the Board to express his thanks to the planning staff for all their assistance with these amendments, as he feels it will be a great benefit for the county. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the proposed amendments to Chapter 165, and 144 as follows, were approved: Housing Amendment - Single Family Small Lot Housing Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 357 165-59. Permitted Uses. B. Structures are to be erected or land used for one (1) or more ofthe following uses: (1) Any ofthe following residential structures: Single Family Detached Rural Traditional, Single Family Detached Traditional, Single Family Detached Urban, Single Family Detached Cluster, Single Family Detached Zero Lot Line, Single Family SmaIl Lot,-pmm Honse, Duplex, Multiplex, Atrium House, Weak-Link Townhouse, Townhouse, Garden Apartments. 165-65. Dimensional Requirements A. Single Family Detached Rural Traditional B. Single Family Detached Traditional C. Single Family Detached Urban D. Single Family Detached Cluster E. Single Family Detached Zero Lot Line F. Single Family Small Lot G. Duplex H. Multiplex I. Atrium House J. Weak-Link Townhouse K. Townhouse L. Garden Apartments Single Family Small Lot Housing 165-65. F. Single Family Small Lot. Single Family Small Lot housing shall be a single family detached residence on an individual lot. The intent of this housing type is to provide an alternative to conventional single family lots that can be tailored to the unique needs of specialized populations such as those of the older person. (1) Dimensional requirements shall be as follows: a) Minimum Lot Size: 3,800 square feet. b) Off-Street Parking Spaces: 2 c) Setback from State Road: 25 feet. d) Setback from Private Road: 20 feet. e) Rear Yard: 15 feet. f) Side Yard: Zero lot line option may be used with this housing type. If chosen, the minimum side yard shall be 10 feet for that yard opposite the zero lot line side. If not chosen, the minimum side yard shall be 5 feet. 2) A minimum of twenty (20) landscape plantings shall be provided on each individual lot. At least one-quarter (1/4) of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum oftwo (2) inches in caliper at time of planting and the shrubs shall be a minimum three (3) gallon container at time of planting. 3) Maximum building heights shall not exceed twenty (20) feet in height. 4) Detached accessory buildings shall not be permitted. 165-29. Motor Vehicle Access. (14) Private roads providing lot access to Multifamily and Single Family Small Lot Housing, as permitted in Section 144-24 of the Subdivision Ordinance, shall be a minimum of twenty (20) feet in width. The pavement design for the private roads shall include eight (8) inches of Aggregate Base Material, Type I, Size #21-B, and shall be paved with a 165 #psy Asphalt Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 358 Concrete Type SM - 2A surface treatment CG-7, or Roll Top curb and sidewalks s Planning Commission may approve a another recreational amenity is substitut Single Family Small Lot 165-37. C. (1) Perimeter single family separa (a) Wherever possible or practical, sing single family zero lot line and single f: to other residential lots or structures. If other types of residential structures traditional, urban, cluster dwellings, the Screening Provided Inactive (min. feet) Full Screen 75 Landscape Screen 150 No Screen 350 If single family zero lot line or single f: family detached traditional, urban, and c required: Screening Provided Inactive (min. feet) Full Screen 15 Landscape Screen 30 , No Screen 150 165-63. Open Space Requirements. A. Type of Development Single Family Small Lot Housing 165-64. Recreational Facilities. I A. Housing types with lot sizes ofless t , the following recreational units or e dwelling units. All such developme unit. In addition, developments cont a Community Center that provide recreational units for each thirty ( , configuration and location that is e designed to serve. The design and Commission, in conjunction with th Recreation, using the following rec facilities shall be approved at the ti Board of Supervisors Meeting of 10/27/99 , Minute Book Number 26 , ! , , .. . . In addition, curb and gutters, Standard Curb CG-6, hall be provided along private roads; however, the waiver of sidewalks on private streets, provided ed for the sidewalk. tion buffers. Ie family detached traditional, urban, cluster, and amily small lot housing, shall not be placed adjacent must be placed adjacent to single family detached following buffers are required: Distance Buffer Required Active (max. feet) Total (feet) 100' 200' 400' 25 50 50 amily small lot structures are placed against single luster residential structures, the following buffer is Distance Buffer Required Active (max. feet) 10 20 50 Total (feet) 25' 50' 200' Minimum Required Open Space 30 Percent han five thousand (5,000) square feet shall provide quivalent recreational facilities, for each thirty (30) nts shall contain at least one (1) such recreational aining single family small lot housing shall provide s for the equivalent of three (3) age appropriate 30) dwelling units. The facilities shall be in a asily accessible to the dwelling units that they are amount offacilities shall be approved by the Planning e Administrator and the Department of Parks and reational unit as a guideline. The design of such me of site plan review. ,3S9 B. (2) (f) Community Center (g) Other Recreational Facilities. Single Family Small Lot Subdivision Ordinance Amendment. 144-24. C. Lot Access. All lots shall abut and have direct access to a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation. (2) Multifamily d""..ll;llg lvts and Single Family Small Lot Housing. (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets. 1) Duplexes 2) Multiplexes 3) Atrium Houses 4) Townhouses 5) Weak-link townhouses 6) Garden Apartments 7) Single Family Small Lot Housing (b) When such lots do not abut public streets, they shall abut private roads, parking lots or access easements. The length and extent of private roads, driveways and parking aisles providing access to lots shall be minimized, and public streets shall be provided in larger subdivisions where substantial distances are involved. In no GMG shallstlGh a lot Individual lots shall be no more than five hundred (500) feet from a state maintained road, as measured from the public street along the access route. The Planning Commission may allow lots to be located as much as eight hundred (800) feet from a State maintained road in cases where enhanced circulation is provided with a driveway loop. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Ir. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - PROPOSED AMENDMENT TO CHAPTER 165, ZONING, AMENDING SECTION 165-50, PERMITTED USES - RA (RURAL AREAS) ZONING DISTRICT: SECTION 165-51. CONDITIONAL USES, PERMITTING SCHOOLS WITH A RESIDENTIAL COMPONENT AS A CONDITIONAL USE IN THE RA (RURAL AREAS) ZONING DISTRICT: SECTION 165-145, DEFINITIONS, REDEFINING SCHOOLS WITH AND WITHOUT A RESIDENTIAL COMPONENT - APPROVED Zoning Administrator Mike Ruddy presented this ordinance amendment to the Board. He explained that the proposed text amendment, which is provided in the Board's agenda, pertains to allowing schools with a residential component in the RA (Rural Areas) Zoning District as a Conditional Use and is a result of an inquiry received by the planning department regarding the permissibility of such a use. There was no public input. Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 3BO Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the following ordinance amendment was approved: Schools Amendment - RA (Rural Areas) Zoning District. 165-50. Permitted Uses. E. Schools (without residential component). 165-51. Conditional Uses. CC. Schools (with residential component). 165-145. Definitions. Sdlool - A.uy bu;]Jing u""J flil otganized c:Ju.:ation VI ;liiS1Iu"tion in any blllUGh of J.....tivwkdgG. School: A) Without residential component - Any building used for organized education or instruction in any branch of knowledge. This school does not contain rooms where overnight lodging and meals are provided to students. B) With residential component - Any building used for organized education or instruction in any branch of knowledge. This school does contain rooms where overnight lodging and meals are provided to students. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye PUBLIC HEARING - PROPOSED AMENDMENT TO CHAPTER 165, ZONING, ARTICLE X, BUSINESS AND INDUSTRIAL ZONING DISTRICTS. SECTION 165- 82, DISTRICT USE REGULATIONS TO ALLOW FIRE STATIONS, COMPANIES AND RESCUE SQUADS AS A PERMITTED USE IN SECTIONS A) Bl (NEIGHBORHOOD BUSINESS) DISTRICT: B) B2 (BUSINESS GENERAL) DISTRICT: C) B3 (INDUSTRIAL TRANSITION) DISTRICT: AND D) Ml (LIGHT INDUSTRIAL) DISTRICT. THE PROPOSED AMENDMENT WOULD ESTABLISH FIRE STATIONS, COMPANIES AND RESCUE SQUADS AS A PERMITTED USE IN THE ABQVE REFERENCED BUSINESS AND INDUSTRIAL ZONING DISTRICTS - APPROVED Zoning Administrator Mike Ruddy presented this amendment request to the Board.. He explained this amendment would allow fire stations, companies, and rescue squads as a permitted use in the B 1 (Neighborhood Business), B2 (Business General), B3 (Industrial Transition), and Ml (Light Industrial) Zoning Districts. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the following Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 361 ordinance amendment was approved: Fire Stations, Companies, and Rescue Squads Amendment: Bl (Neighborhood Business) Zoning District. B2 (Business General) Zoning District. B3 (Industrial Transition) Zoning District. Bl (Light Industrial) Zoning District. Article X - Business and Industrial Zoning Districts 165-82. District Use Regulations. A. B 1 Neighborhood Business District. Allowed Uses Fire Stations, Companies, and Rescue Squads B. B2 Business General District. Allowed Uses Fire Stations, Companies, and Rescue Squads C. B3 Industrial Transition District. Allowed Uses Fire Stations, Companies, and Rescue Squads D. Ml Light Industrial District. Allowed Uses Fire Stations, Companies, and Rescue Squads The above amendment was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye OTHER PLANNING ITEMS: MEMORANDUM RE: RELOCATION OF ROUTE 522 NORTH County Administrator Riley presented this information to the Board. He advised them that the recently approved Winchester Area Transportation Study (W A TS) calls for the relocation ofthe intersection of Route 522 North with Route 50. This relocation is primarily a result of the planned improvements to the Interstate 8l/Route 50 interchange and the significant increases in traffic that are anticipated. The W A TS shows Route 522 leaving its present alignment just north of Old Bufflick Road and taking a more easterly heading, ultimately intersection Route 50 somewhere to the east in the vicinity of Prince Frederick Drive. Mr. Riley further advised that staff feels it is Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 .362 imperative for the Board to take the lead in determining the most desirable alignment for this road section in order to ensure minimal disruption to existing and planned developments in the area. The plan calls for a 100' wide path which leaves the current Route 522 and passes just to the west of the Airport's Runway Protection Zone, then turns slightly east and then north traveling through Prince Frederick Office Park to intersect with the existing Ryco Lane. Supervisor Shickle stated that he felt this information should be advertised in order that citizens might know what is being planned. Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the above plan was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Abstained W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye MEMORANDUM RE: CONDITIONAL USE PERMIT WITHDRAWAL (GEM LIMOUSINE) - APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Code & Ordinance Committee met Wednesday, October 21, 1999 at 4:00 P.M. in the Conference Room, Planning and Development Office, Fourth Floor of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Present was chairman of the committee Richard C. Shickle, Supervisor Robert M. Sager, Stephen G. Butler, and Michael L. Bryan. Also present was County Attorney Lawrence R. Ambrogi, Commissioner of the Revenue Ellen E. Murphy, County Administrator John R. Riley, Jr., and Assistant County Administrator Lauren G. Carrier. The committee submits the following: ***Items Requiring Action*** 1. Reauest from Commissioner of the Revenue Ellen E. Murphy to Amend the Frederick County Code. Chanter 155. Taxation: Sections 155-76 and 155-94 The committee heard from Ellen E. Murphy who explained that the proposed amendment to S 155-76 Payment; delinquent payments; late filing; grace period; defines exactly what date's installment payments are to be paid. She also explained that the amendment to S 155-94 License fee and tax; brings our existing code into compliance with the state mandate that became effective January I, 1999. Specifically, persons with businesses with gross receipts of $15,000 through $99,999.99 will now owe a fee of$50, and no longer a fee of$100. The committee unanimously approved the amendments. 2. Request from the Commissioner of the Revenue Ellen E. Murphy to Amend the Frederick County Code. Chapter 155. Taxation. By the Addition of Article XXI (21) Section 155-136. Board of Supervisors Meeting of 10/27/99 Minute Book Number 26 363 The Commissioner ofthe Revenue Ellen E. Murphy explained that this article was prompted by the need for a purchaser to be assured that his portion of a parcel will not "inherit" a tax liability that properly belongs to another section of an original tract. (This came to notice when a local taxpayer wished to separate off a small section ofland that was not rezoned from a larger parcel that had a large supplemental tax bill due to the rezoning on part of the remainder tract. Had this ordinance been in effect, the county could have given assurance of the tax liability for the purchaser on their portion. Without this ordinance, they must petition the court in the event the owner of the parent tract fails to pay his liability on the section unrelated to the sold portion.) The committee unanimously approved the addition of the article. BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (Time: 9:15 P.M.) -James L. Longer am Chairman, Board of Supervisors Minutes Prepared By: \ ~A~ T: ~Ol.o~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Board of Supervisors Meeting of 10/27/99 Minute Book Number 26