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HomeMy WebLinkAboutJanuary 12, 2005 Regular Meeting 260 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, January 12, 2005, at 6:40 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 Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda J. Tyler, and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Supervisor Van Osten, seconded by Supervisor Tyler, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-3711 A (7) to discuss legal matters. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Van Osten, seconded by Supervisor Tyler, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2-3711 A (7) legal matters were discussed. Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Mceting of 01/12/05 261 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION In the absence of a minister, the invocation was delivered by Supervisor Fisher. PLEDGE OF ALLEGIANCE Supervisor Van Osten led the Pledge of Allegiance. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2005 ELECTION OF VICE-CHAIRMAN Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board elected Gary W. Dove to serve as Vice-Chairman. There being no further nominations, the above motion was approved by the following recorded vote: Richard C. Shiekle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye ADOPTION OF RULES OF PROCEDURE Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board adopted the Rules of Procedure Frederick County Board of Supervisors and Robert's Rules of Order, Simplified and Applied. The above motion was approved by the following recorded vote: Richard C. Shiekle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye SELECTION OF A PARLIAMENTARIAN Minute Book Number 30 Board of Supervisors Regular Meeting of 01/12/05 26 Upon a motion by Supervisor Tyler, seconded by Supervisor Ewing, County Administrator John R. Riley, Jr. was nominated as parliamentarian. There being no further nominations, Administrator Riley was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye SELECTION OF A TIME AND PLACE FOR REGULAR MEETINGS Supervisor Van Osten moved that the second and fourth Wednesdays of each month, at 7: 15 P.M., in the Board of Supervisors ' Meeting Room, County Administration 13 uilding, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2005. Should the meeting be cancelled due to inclement weather, then it will take place on the following evening. The motion was seconded by Supervisor Forrester. The above motion was passed by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CHAIRMAN'S BOARD/COMMITTEE ASSIGNMENTS Chairman Shickle offered the following committee assignments for the Board's consideration. Richard C. Shickle: Finance Committee; Joint Finance Committee; Northern Shenandoah Valley Regional Commission; MPO; Regional Jail Board (alternate) Barbara E. Van Osten: Public Safety Committee Chairman; Personnel Committee; Agriculture District Advisory; Extension Leadership; Air Quality Task Force; Regional Jail Board Bill M. Ewing: Finance Committee Chairman; Code and Ordinance Committee; Joint Finance Committee; Transportation Committee; Downtown Development Board; Regional Jail Board Gene E. Fisher: Public Safety Committee; Sanitation Authority; Airport Authority; Minute Book Number 30 Board of Supervisors Regular Meeting of 01112/05 263 Northern Shenandoah Valley Regional Commission; Water Resources Advisory Committee Gary W. Dove: Code & Ordinance Committee Chairman; Public Works Committee; Fire and Rescue; Industrial Development Authority; Planning Commission; Economic Development Commission Gina A. Forrester: Personnel Committee Chairman; Finance Committee; Social Services Board; Handley Regional Library Board; Juvenile Detention Center Lvnda J. Tvler: Chairman of Public Works Committee; Parks & Recreation Commission; Tourism Board; Frederick- Winchester Service Authority; Landfill Oversight Committee; Northern Shenandoah Valley Regional Commission; MPO Code and Ordinance Committee Gary W. Dove, Chairman Bill M. Ewing Stephen G. Butler Michael L. Bryan Finance Committee Bill M. Ewing, Chairman Richard C. Shickle Gina A. Forrester Richie Wilkins Gary A. Lofton Ronald E. Hottle C. William Orndoff, Treasurer, Non-Voting Liaison Ellen E. Murphy, Commissioner ofthe Revenue, Non-Voting Liaison Personnel Committee Gina A. Forrester, Chairman Barbara E. Van Osten Dr. Verne E. Collins Philip C. G. Farley Public Safety Committee Barbara E. Van Osten, Chairman Gene E. Fisher Hans R. Nydam Carolyn Glaize Michael D. Hockman Helen Lake Public Works Committee Lynda J. Tyler, Chairman Gary W. Dove George H. Ludwig James T. Wilson 1. Stanley Crockett Whitney "Whit" L. Wagner Robert W. Wells Minute Book Number 30 Board of Supervisors Regular Meeting of 01112/05 264 ADOPTION OF AGENDA - APPROVED AS AMENDED Administrator Riley advised that he had one addition to the agenda. He requested that the Board add a request to approve a Real Estate Sales Contract between EFG Inyestments, LLC and Frederick County to purchase approximately 6 acres located adjacent to the landfill entrance. This itcm would be listed as item #6 under County Officials. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the agenda was approved as amended by the following recorded vote: Richard C. Shickle Ayc Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following tab for the Board's consideration: Parks and Recreation Committee Report - Tab H. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS Kenneth Stiles, Stonewall District, appeared before the Board regarding the Rural Areas Study. He read from page 12 ofthe January 4,2005 draft proposal. He urged the Board to look at the impact of these proposals. He went on to say that development in the rural areas, unlike that in the urban development area, did not impact one single road or school because it was spread out. He stated that the problem the Board is trying to address has not been sufficiently defined. He advised that the 10 lots in five years proposal would have a negative impact on the property owners. He asked the Board to "kill" the 10 lots in five years because this was not the way we need to go in Frederick County. He concluded by saying that ifthis proposal was approved he would divide his Miuute Book Number 30 Board of Supervisors Regular Mcetiug of 01/12/05 , I I ~-_. 265 property into several lots bcfore the policy is adopted. Bob Carpenter, Gainesboro District, appeared before the Board rcgarding the Rural Areas Study. He advised that he was a farm owner and President of Valley Farm Credit. He stated that his organization opposes the proposed rural areas options because ofthe negative impact they would have. He advised that he has not spoken with one person in the farming community who felt this proposal would not have a negative impact. Gary McDonald, Back Creek District, advised that he owned property in several of the magisterial districts. He was concerned about the impact to roads that development would have. He went on to say that he could not find anyone interested in farming anymore. Steve Brown, Back Creek District, agreed with the other speakers regarding the Rural Areas Study. He stated that he would like to see the ordinances left as they currently exist. Paula Corbett, Red Bud District, appeared before the Board regarding the proposed aquatics center. She asked the Board to keep it on the Capital Improvement Plan and move forward with construction. She stated that the area has outgrown its existing facilities and all of the swim teams are growmg. She went on to say that because of shared pool time, these athletes have to practice at 6:00 a.m. and 9:00 p.m. She concluded by saying that without the aquatics center swimming would grow, but would eventually die off. John Good, Jr., Stonewall District, advised that he owns a farm in the Gainesboro District. He stated that "we" agree on major goals of the rural areas, but the mechanics cause trouble. He advised that an ad hoc committee had met and wished the Board to grant them 60 days to prepare and present an alternative proposal at a public work session with the Board of Supervisors. He believed it was important to not only criticize, but to supply an option. This would allow the farmers to get back to their typical concerus. Margaret Douglas, Back Creek District, advised that the more costly and complicated the procedure is the more impossible it is for the farmer. Katie Comer, Stonewall District, appeared before the Board regarding thc aquatics ccntcr. She advised that she was a Senior at Millbrook High School and had been a swim team member for 10 years. She practices from 6:00-7:00 a.m and 9:00-10:00 p.m., but she does not like struggling for practice time. She feared that younger students would not have the same opportunities to be part Minute Book Number 30 Board of Supervisors Regular Meeting of 01112/05 266 of a swim team, if the aquatics center was not built. Steve Grant, Shawnee District, urged the Board not to vote in favor of the Rural Area proposal. He felt the farming community was being unfairly blamed for development. He stated that land was the farmer's nest egg and it was unfair to tell farmers that they could only partially retire. He concluded by saying that farming has been the backbone of this community for years. Claus Bader, Red Bud District, advised the he had attended several ofthe rural areas work sessions and he has never heard the problem of development defined yet. He asked if the current proposal had been reviewed by all of the stakeholder groups. He cautioned the Board about unintended consequences. He went on to say that the County needed to look at solid design standards ifthere was concern about development in the rural areas. He also asked the Board to vote favorably on the pipestem lot proposal before them this evening. Rob Carver, Gainesboro District and president ofthe Winchester Swim Team, advised that he had three children who swim competitively and he supported the aquatics center. Steve White, Stonewall District, asked the Board to place the aquatics center back on the capital improvements plan and that the PPEA proposal be considered also. He concluded by asking the Board to do something "forward thinking" for the residents. Greg Hewitt, Stonewall District, advised that he did not like the idea ofthe steep slopes and wetlands being taken out ofthe development criteria. He advised that the ad hoc committee could work through this problem and he requested that the Board give them 60 days to develop a plan. Tricia Stiles, Stonewall District, bclicved that there were unintended consequences with this proposal. She stated that if the Board passed this plan as presented then a lot of green space would be subdivided. She went on to say that if farmers needed to subdivide their property then they want to be able to do it without restriction. She concluded by urging the Board to work with the men and women who would be most impacted by this decision. Ross Hewitt, Stonewall District, stated that his family owned a farm on Apple Pie Ridge Road and he wanted to come back to Frederick County, after college, to farm. He stated that this rural areas proposal was a disincentive to farmers and he believed the focus was in the wrong direction. Mike Artz, City of Winchester, stated that as a surveyor, he has seen quite a few interesting Minute Book Number 30 Board of Supervisors Regular Meetiug of 0 1/12/05 267 design concepts come forth. He had a few suggestions about promoting agriculture in Frederick County. He went on to say that he had a client who was concerned about the policy of vesting and he felt that the simplest option would be to state "that upon complete and proper application to the planning department" vests a project. He thanked the Board, Planning Commission, Comprehensive Plans and Policies Subcommittee, and staff for all of the time they have spent working on this proj ect. Evan Wyatt, Shawnee District, addressed the Board regarding the buffer waiver proposal listed on the agenda. He advised that this proposal requires the consent of adjoining property owners and he requested that the Board send this item forward for public hearing. Nick Lauderdale, Gainesboro Distriet, addressed the Board regarding the Rural Areas Study. He stated that he and his wife moved here over three years ago. He stated that the one thing that sold them on their house was the view of the fanning area. He went on to say that he also came here for less regulation. He concluded by saying that he echoed the comments ofthe other speakers. Theresa Krause, Gainesboro District, stated that Frederick County needs a year round pool faeility. She informed the Board that the lifeguards have to travel out of the area for training and that the swim teams have to work together and cooperate for the success of the program. She concluded by saying that the community is growing and it needs a recreation facility. Marcus Adams, Gainesboro Distriet, stated that he was a landowner and beef farmer who has no desire to sell his property; however, there are farmers who might want to sell and they should be able to without government intervention. Phil Lemiux, Red Bud District, appeared before the Board on behalf of the Top of Virginia Building Association. He stated that his organization was a stakeholder and participant in this process. He previously submitted a position paper to the County whieh identified the elements of the study that showed potential and those elements that were cause for concern. He went on to say that the policy discussed this evening is not what was offered to the public during the stakeholder meetings. He concluded by saying that the Top of Virginia Building Association could not support a policy that was not submitted for public review. He urged the Board to forego the 10 in five concept. Stephanie Vaughan, Back Creek District, presented the Board with petitions supporting the Minute Book Number 30 Board of Supervisors Regular Meeting of 01112/05 268 I I I L. aquatic center. She stated that there were limited possibilities to exercise in the fall and winter, but this facility would enhance the quality oflife of the county's residents. There was a possibility to generate revenue through events and programs. She went on to say that the high school swim teams are growing and need a state of the art facility. She concluded by saying that the most important reward for building this facility is our children and it will benefit people of all ages. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten reported that the Shenandoah Resource and Conservation Council would be presenting an easement workshop at January 28th at Lord Fairfax Community College. Supervisor Forrester advised that she believed the aquatics center was overdue in Frederick County and she would like to see the Board move on this project. She concluded by saying to those in favor of the aquatics center "we are hearing you." MINUTES-APPROVED Upon a motion by Vice-Chairman Dove, seconded by Supervisor Tyler, the Board approved the minutes from the December 8, 2004 worksession with the School Board. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the minutes from the December 8, 2004 worksession regarding the discussion of open space requirements in the RP (Residential Performance) District and the discussion of pipestem lots. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the minutes from the December 8, 2004 Regular Meeting. Minute Book Number 30 Board of Supervisors Regular Meeting of 01/12/05 269 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COUNTV OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF PAIGE MANUEL TO FILL THEMEMBER-AT-LARGE SEAT ON THE PLANNING COMMISSION - APPROVED Upon a motion by Chairman Shickle, seconded by Supervisor Van Osten, the Board appointed Paige Manuel to fill the member-at-Iarge seat on the Planning Commission. This appointment is to fill the unexpired term of Gene E. Fisher, said term to expire January 26,2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye APPOINTMENT OF DOUGLAS C. RINKER AS GAINESBORO REPRESENTATIVE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Vice-Chairman Dove, seconded by Supervisor Van Osten, the Board appointed Douglas C. Rinker to the Frederick County Industrial Development Authority to fill the unexpired term of Carmen Rio, said term to expire November 10, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye NOMINATION OF RICHARD SISLER FOR MEMBERSHIP ON THE LOCAL EMERGENCY PLANNING COMMITTEE - APPROVED Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board nominated Minute Book Number 30 Board of Supervisors Regular Meeting of 01/12105 270 Richard Sisler, with EDS U.S. Government Solutions, for membership on the Local Emergency Planning Committee. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye APPOINTMENT OF RHODA KRIZ TO SERVE AS THE MEMBER-AT -LARGE ON THE HISTORIC RESOURCES ADVISORY BOARD Upon motion by Chairman Shickle, seconded by Supervisor Tyler, the Board appointed Rhoda Kris to serve as the member-at-large to the Historic Resources Advisory Board. This is a four year term, said term to commence January 12, 2005 and expire January 12,2009. Supervisor Forrester asked if Bessie Solenberger did not wish to be reappointed. Chaimlan Shiekle responded that he did not inquire as to her interest in reappointment. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Nay Lynda 1. Tyler Aye Barbara E. Van Osten Aye PROPOSED GRANT OF EASEMENT OF APPROXIMATELY FIVE FEET (5') IN LENGTH ACROSS PUBLIC OPEN SPACE LAND CONVEYED TO THE FREDERICK COUNTY BOARD OF SUPERVISORS UPON CREATION OF THE SHAWNEELAND SANITARY DISTRICT. THE PURPOSE OF THIS CONVEYANCE IS FOR THE CONSTRUCTION OF AN ON-SITE SEWAGE DISPOSAL SYSTEM (CONTINUED FROM DECEMBER 8. 2004 MEETING.) (ITEM #2 UNDER PUBLIC WORKS COMMITTEE REPORT) - APPROVED Administrator Riley advised that the public hearing on this item was held at the December 8, 2004 meeting; however, the Board deferred action pending review and recommendation from the Public Works Committee. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved the grant of easement by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Minute Book Number 30 Board of Supervisors Regnlar Meeting of 01112/05 271 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REOUEST TO SCHEDULE PUBLIC HEARING RE: SALE OF SURPLUS PROPERTY AT THE INTERSECTION OF CHURCHILL DRIVE AND WARRIOR DRIVE - APPROVED The Construction of Warrior Drive created potential surplus property at thc intersection of Churchill Drivc and Warrior Drive. This property includes lot 33 which contains approximately 8,000 square feet and lot 44, which contains approximately 10,370 square feet. Staff prepared appraisals for both parcels with the exprcss intent of selling this property. Per consultation with the Commonwealth's Attorney's Office, the County offered the homeowners on lots 33 and 44 the opportunity to purchase the subject parcels at the appraised value. The homeowners' failure to respond by the prescribed deadline indicated to staff that they were not interested in purchasing the property at the appraised value. Staff is requesting the Board authorize a public hearing to consider declaring the subject parcels surplus and sell said property at a public sale. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the request to schedule the public hearing on this request, said hearing will be February 9, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye MEMORANDUM OF UNDERSTANDING BETWEEN THE FREDERICK COUNTY BOARD OF SUPERVISORS AND LORD FAIRFAX COMMUNITY COLLEGE RE: ALTERNATIVE LOCATION OF COUNTY ADMINISTRATOR'S OFFICE - APPROVED Administrator Riley advised that this memorandum of under standing between the Board of Supervisors and Lord Fairfax Community College is in response to the County Administrator's Continuity of Operations Plan. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved the Memorandum of Under standing between the Frederick County Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 01112/05 272 and Lord Fairfax Community College re: Alternative Location of County Administrator's Office. INTRODUCTION This Memorandum of Understanding (MOU) has been developed in order to outline the basic terms of an agreement between the Frederick County Board of Supervisors and Lord Fairfax Community College concerning the relocation of the County Administrator's Office in the event of an emergency. For thc purposes of this MOU, the County Administrator's Office shall include: (1) County Administrator's Offices; (2) Finance Department; (3) Personnel Department; and (4) Information Services/Data Processing. The intent of the MOU is to provide a framework for the location and continued operations of the County Administrator's Office. Modifications to the basic MOU shall be the result of discussions between the county administrator and the president of Lord Fairfax Community College, and with the consent of the chairman of the Frederick County Board of Supervisors, and approval by the respective governing body, if deemed appropriate. PROVISIONS FOR THE MEMORANDUM OF UNDERSTANDING Section I (Services to be Provided) In the event of a natural or man made emergency or disaster, which precipitates thc relocation of the County Administrator's Office, Lord Fairfax Community College will provide the following: 1) Office space for the County Administrator's Office, in the adjunct faculty offices - Room 133. 2) Partitions to divide the alternate space into the necessary areas for County Administration, Personnel, Finance, and Information Services Departments, if necessary. 3) Additions to current cable and phone capabilities from existing Lord Fairfax Community College equipment inventories to accommodate the communication needs of the County Administrator's Office and Departments of Finance, Personnel, and Information Services. This includes: Three to five multi-line phones, fax line, and five computer work stations with at least one networked printer. (County Administrator's Office) One to two computer workstations and printer, one phone line, fax machine, and typewriter (manual or electric). (Personnel Department) Five computer workstations with onc networked printer and five to seven multi-line phones. (Finance Department) Four computer workstations and one phone line. (Information Services) All computers will have access to A/S 400 and Internet. I Access to a copy machine. 4) The proposed space will be ready for occupancy and communication needs will be installed and operational within 10 hours of the notice of relocation. Section II (Costs and Conditions) lLord Fairfax Community College shall permit the County of Frederick to bring it's existing A/S 400 unit or a replacement to the County Administrator's alternate location for connection to the network owned and operated by Lord Fairfax Community College. Costs associated with wiring and other work necessary to facilitate the A/S 400 connection shall be borne by Frederick County. Minute Book Number 30 Board of Supervisors Regular Meeting of 01/12/05 273 1) Occupancy and use of the office spacc shall be at no cost to the County of Frederick. 2) Partitioning of the proposed space into the necessary number of workstations would be performed under the direction of Lord Fairfax Community College Buildings & Grounds Personnel. 3) Costs associated with outsourcing or staff work to create the required work spaces will be based on thc actual costs of materials, parts, and contracted services. There will be no charge for labor. Section III (Protections) 1) The Frederick County Board of Supervisors shall protect, indcmnify, and defend and save harmless, Lord Fairfax Community College, its officers and employees, from any and all claims, liabilities, and/or damages directly related to the provisions of operations defined in the introduction of this agreement. 2) This MOU may be amended by agreement ofthe county administrator of Frederick County, with the consent of the chairman of the Frederick County Board of Supervisors and the President of Lord Fairfax Community College. Approval from the Frederick County Board of Supervisors will be requested for proposed amendments if deemed appropriatc. Dated this day of ,2005. Lord Fairfax Community College By: Dr. John J. Sygielski, President Lord Fairfax Community College County of Frederick, Virginia By: Richard C. Shickle, Chairman Frederick County Board of Supervisors By: John R. Riley, Jr. County Administrator The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REQUEST FROM LORD FAIRFAX SOIL AND WATER DISTRICT FOR A SUPPLEMENT AL APPROPRIATION - APPROVED Administrator Riley advised that the Lord Fairfax Soil & Water Conservation District requests a General Fund Supplemental Appropriation in the amount of $44,677. This amount is needed to fund two positions and will be fully reimbursed by LFSWD. No additional local funds are needed. Finance Director Shiffler advised that the County is currently fiscal agent for the agency's Minute Book Number 30 Board of Supervisors Regular Meeting of 01112105 274 payroll and this amount would be reimbursed to the County. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved this request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REOUEST FROM PUBLIC WORKS DIRECTOR FOR APPRO V AL OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF APPROXIMATELY SIX (6) ACRES OF PROPERTY LOCA TED ADJACENT TO THE FREDERICK COUNTY LANDFILL - APPROVED Administrator Riley advised that this was a request from the Public Works Director for the Board to approve the purchase of approximately six (6) acres ofland located adjacent to the entrance of the Frederick County Regional Landfill. The purchase amount of $85,000 was previously discussed by the Board in closed session and represents an amount equivalent to current assessed property values of adjacent properties. The Public Works Director would like the Board to authorize him to proceed with this acquisition. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the Real Estate Sales contract, dated January 4,2005 between EFG Investments, LLC and Frederick County Virginia. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on December 21,2004. Members present were: Charles Sandy, Cheryl Swartz, Robert Hartman, and P. W. Hillyard, III. Items Requiring Board of Supervisors Action: 1. None Minute Book Number 30 Board of Supervisors Regular Meeting of 01/12/05 Submitted for Board Information Onlv: 1. Mr. Hartman moved that the Commission request the Public Works Committee make a recommendation to the Board of Supervisors to accept the PPEA Proposal for an Aquatic Center which was tabled by the Committee at a February 2004 meeting, second by Mr. Hillyard, carried unanimously (4-0). PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, December 28,2004 at 8:00 a.ill. All members were present. The following items were discussed. ***Items Requiring Action*** 1. Revised Bid for the Renovation of the Courtroom at the Old Frederick Countv Courthouse - Lantz Construction Approved The committee reviewed and unanimously approved a revised bid submitted by Lantz Construction Company, Inc. for the renovation ofthe courtroom ofthe old county courthouse. The revised bid is within the available funding. (see Attachment 1). Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the revised bid submitted by Lantz Construction Company for renovation of the courtroom of the old county courthouse. The above request was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 2. ReQuest for Easement in Shawneeland Sanitary District - (This Item was Approved Earlier in the Meetin~. The committee reviewed and unanimously approved a request from Mr. Tim Stowe for an easement to construct a sewer discharge line on Shawneeland Sanitary District (SSD) property. (see Attachment 2). In addition to the approval of the easement, the committee approved a policy recommendation to submit all future SSD issues directly to the public works committee with a notice furnished to the advisory committee, if active members are available at the time of the action. **Items Not Requiring Action** 1. Desi~n ofthe New Animal Shelter A contract has been executed with Design Learned, Inc. et al for the design of the new Frederick County Animal Shelter. The committee unanimously recommended to advertise the project for construction as soon as the design is completed. The bid results will determine the actual funding requirements for the project. Minute Book Number 30 Board of Supervisors Regular Meetiug of 01/12/05 275 276 2. Future Status of Shawneeland Sanitary District Advisory Committee (SSDAO Mr. George Ludwig made a motion to form an ad hoc committee to review the current arrangement of the SSDAC and draft a revised document to replace the current procedures and guidelines established for the SSD. The ad hoc committee would include the SSD manager, a member of the public works committee, two (2) SSD citizens, and the Back Creek Magisterial District Supervisor. The motion was unanimously approved; however, a time table was not established as to when or where the ad hoc committee would meet. 3. Ad Hoc Committee to Review Revisions to the Erosion and Sediment Control Ordinance Mr. Joe Wilder, Deputy Director of Public Works, requested the formation of an ad hoc committee to review and recommend revisions to the county's Erosion and Sediment Control ordinance. The following publ ic works committee members agreed to serve on this committee: Whit Wagner, Lynda Tyler, and Bob Wells. Mr. Wilder will coordinate the meetings and provide staff guidance. 4. Miscellaneous Reports a. Tonnage Report: Landfill b. Animal Shelter Dog Report c. Animal Shelter Cat Report FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, December 15, 2004 at 8 :00 a.m. Committee member Gina Forrester was absent. 1. The County Administrator requests a General Fund budget transfer in the amount of $5.400 from Operational Contingencv to Other Operating SUPj)lies. This transfer is needed to purchase first aid kits and three defibrillators. See attached memo, pgs. 1-3. The committee recommends approval. - APPROVED Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 2. The County Administrator requests a General Fund budget transfer in the amount of $21.000 from Operational Contingencv to ADP Equipment. This transfer is needed to purchase two remote control cameras to continue to televise the Board of Supervisors and Planning Commission meetings. See attached memo, pg. 4. The committee recommends approval. - APPROVED Upon a motion by Chairman Shickle, seconded by Supcrvisor Ewing, the Board approved the above request by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Aye Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 01112/05 277 Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 3. The Sheriff rcqucsts a General Fund supplemental appropriation in the amount of $4.200. This amount represents funds received from the Federal Air Marshall for usc ofthc firing range. Appropriation is requested for maintenance of the firing range. No additional local funds required. See attached memo, pg. 5. The committee recommends approval. The committee also requested that this item be includcd in the budget process. - APPROVED Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $18.250. This amount represents insurance proceeds and it is requested to be appropriated to go toward replacing thc cruiscrs that wcre totaled. No additional local funds required. See attached memo, pg. 6. The committee recommends approval. - APPROVED Upon a motion by Chairman Shickle, seconded by Supervisor Tyler, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye S. The Director of Fire & Rescue requests a General Fund supplemental appropriation in the amount of $88.738. This amount represents an unbudgeted Homeland Security Grant. No additional local funds required. See attached memo, pg. 7. The committee recommends approval. Upon a motion by Chairman Shickle, seconded by Supervisor Van Ostcn, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 6. The Clerk of the Court requests a General Fund supplemental appropriation in the amount of$307,644. This amount represents funds to pay the Clerk's office salaries. The County Minute Book Number 30 Board of Supervisors Regular Meeting of Oll12/05 : 278 is currently paying their fringe benefits. Salaries are reimbursed by the state. This item was approved by the Personnel Committee. See attached memo, pgs. 8-9. The committee recommends approval and to implement January 2005. - APPROVED Upon a motion by Chairman Shickle, seconded by Supervisor Tyler, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 7. The Superintendent of the Regional Jail requests a Jail Fund supplemental appropriation in the amount of $320.000. This amount is needed to pay to transfer inmates to Roanoke City Jail and increased costs associated with medical and laboratory supplies. See attached memo, pg. 10. The committee recommends approval. - APPROVED Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 8. The Superintendent ofthe Regional Jail requests approval to proceed with final design of the proposed Community Corrections Center. It is also requested that the Finance Committee consider for approval the plans to consolidate the Community Corrections Center and add a 3rd Pod to the main jail. See attached memo, pg. 10. Handout has been inserted at the end of this report. The committee recommends approval. - APPROVED Upon a motion by Chairman Shickle, seconded by Supervisor Ewing, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye 9. The Director of Parks and Recreation requests a General Fund supplemental appropriation in the amount of $150.000. This amount is needed to construct a playground at Sherando Park and can be funded with parks and recreation proffers. See attached memo, pg. 11. The Committee recommends approval. Chairman Shickle voted against this item. - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the Minute Book Number 30 Board of Supervisors Regular Meeting of 01/1210S 279 above request by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 10. The Commissioner of the Revenue reported to the Finance Committee the accomplishments fo the recently hired field auditor in her department. 11. The School System provided information on the schools salary scale comparison. See attached memo, pgs. 12-14. 12. The Board of Supervisors referred back to the Finance Committee the proposed Development Review Fees for additional review and work. See attached memo, pgs. l5-23. The committee recommended changes and this item will return to the January Finance Committee meeting for further review. 13. The County Administrator has provided a review of items for discussion of the Sarbanes-Oxley Act. See attached memo, pgs. 24-25. The committee recommends approval ofthe County Administrator's recommendations. Upon a motion by Chairman Shickle, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Ayc Gene E. Fisher Aye Gina A. F orrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 14. Attached is the County budget calendar, pgs. 26-28. ***For Information Only*** 1. The Superintendent of Schools provided comparative school information as requested. See attached memo, pgs. 29-38. 2. The Finance Director provided a report on fund balance. See attached, pg. 39. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #24-04 OF SHENANDOAH MOBILE COMPANY. FOR A TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 226 STONEY HILL ROAD (ROUTE 668) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 28-A-165 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Zoning Administrator Mark Cheran appeared before the Board on behalf ofthis application. Minute Book Number 30 Board of Supervisors Regular Meetiug of 01/12105 280 He ad vised that this was an application to construct a 199 foot telecommunications facility with in the Gainesboro District. The propcrty is zoned RA (Rural Areas) and there were no adverse agency comments. He went onto say that the original conditional use permit for this site was approved by the Board of Supervisors on April 8, 1998. The property is located outside ofthe urban development area and there are no significant impacts on adjoining properties. The Planning Commission recommended approval of this application with the following conditions: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall bc addressed and complied with at all times. 2. The tower shall be available for collocating personal wireless service providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve months of the approval of this conditional use permit, the conditional use permit will be deemed to be invalid. 6. The existing telecommunications tower must be removed 90 days after the start of construction of the new 199-foot telecommunications facility. 7. A certified Virginia engineer shall provide verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Supervisor Van Osten noted that there was a lengthy conversation at the Planning Commission about the tower being built 1 foot below the 200 foot limit. She stated that Mr. Chuck Wilmot, Winchester Regional Airport, requested that this facility be lighted. Supervisor Tyler asked about the issue of the tower height. Zoning Administrator Cheran responded that the application was forwarded to the FAA during the review process and this agency did not require the structure to be lighted. Supervisor Forrester asked about the availability of space to collocate public safety equipment on this tower. Paula Figgott, Shentel, stated that the County currently collocates on several of these towers now. She went on to say that Shentel agrced with the recommendation of the FAA regarding not lighting the tower, but if the County required it then they would comply. Supervisor Fisher stated that common sense would say to light the tower and he believed this Minute Book Number 30 Board of Supervisors Regular Meeting of 01/12/05 281 requirement should be part of this permit. Chairman Shickle convened the public hearing. "Renny" Manuel, Winchester Regional Airport, advised that an FAA review of this application had been performed on this tower. The report stated that the tower lies near a military training area and route; however, because of the tower's height it was not required to be lighted. The Regional Airport requests that the tower be lighted in an effort to protect aircraft. There being no further public comments, Chairman Shickle closed the public hcaring. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board approved Conditional Use Permit #24-04 with an added condition #8 to require the tower to be lighted. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. F orrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Ayc PUBLIC HEARING - REZONING #10-04 OF A.P.R. MINI-STORAGE, LLC, SUBMITTED BY FOLTZ LAND SURVEYING, TO REZONE 2.5473 ACRES FROM RA (RURAL AREAS) DISTRICT TO Bl (NEIGHBORHOOD BUSINESS) DISTRICT, AND 10.1134 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT. THIS PROPERTY IS LOCATED ON THE NORTH SIDE OF ROUTE 776 ABOUT 500 FEET EAST OF THE INTERSECTION WITH ROUTE 522, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 64B-A-38, IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Planner II Candice Perkins appeared before the Board on behalf of this application. She stated that this was an application to rezone a total of 12.6607 acres from RA (Rural Areas) District to the B 1 (Neighborhood Business) District (2.5473 acres) and the B2 (General Business) District (10.1134 acres). The property is located in the Shawnee Magisterial District. The Winchester Regional Airport has initiated efforts to acquire 5.96 acres of this parcel. Planner II Perkins went on to say that the applicant has proffered a traffic impact analysis if this rezoning is approved; however, the improvcmcnts to Bufflick Road would not take place until after the impact has occurred. The Planning Commission reviewed this application at its August 18, 2004 meeting and recommended denial. The application was tabled at the September 8, 2004 meeting at the Minute Book Number 30 Board of Supervisors Regular Meeting ofOll12!05 28 applicant's request and again at the November 10, 2004 meeting in order to review revised proffers. She concluded by saying that the application was in general conformance with the Route 50 East Land Use Plan and Comprehensive Policy Plan. Ty Lawson, representing A.P .R., appeared before the Board on behalf ofthis application. He stated that staff had done a great job reviewing the history ofthis project. He felt the applicant had addressed the impacts through the proffer statement. The proposed use is mini-storage and office. This restriction would go away when the adjacent properties are rezoned. He believed the proposed uses did not generate sufficient traffic trips and he believed this use was compatible with the airport. He went on to say that there were no plans to develop or put improvements on the property the airport plans to purchase. He concluded by asking for approval of this request. Renny Manuel, Winchester Regional Airport, confirmed what the applicant said. Supervisor Ewing askcd if the office building would serve the mini-storage or another use. Mr. Lawson responded that the applicant had no plans for the office at this time and there were no immediate plans to develop an office building. Supervisor Tyler asked Mr. Lawson if the applicant was still proposing to rezone the entire property even though the applicant Is in negotiations with the airport regarding a possible purchase. Mr. Lawson responded yes, because neither the airport nor the property owner know how large the parcel to be purchased will be. Supervisor Tyler asked Director Manuel ifthe rezoning would be a detriment to the Airport's negotiations or would it have no impact. Director Manuel responded that the Airport's concern was it did not want to see the entire 12 acre parcel rezoned; however, the appraisal ofthe property is based on best use regardless ofthe current zoning. Chairman Shickle called the public hearing to order. John Pierce, Shawnee District, informed the Board that he has lived on Bufflick Road for 23 years and he is opposed to this rezoning. He stated that a number of commercial uses are not compatible with the existing residential neighborhood. He advised that the narrow road cannot handle the added traffic; however, ifit is widened then most ofthe residents would lose their front yards. He went on to say that he was concerned about the hours of operation, types of items stored Minute Book Number 30 Board of Supervisors Regular Meeting of 01112/05 283 in the facility, and water run-off. He concluded by thanking the Board for responding to his e-mails. Patrick Eaves, Shawnee District, advised that he too lives on Bufflick Road. He stated that building this into a neighborhood is quite a difficulty. He went on to say that this service is not needed because there are a number of similar facilities in the County. He stated that there was not a lot of tax revenue in this use. He concluded by saying that the applicant is building for the future and it can only happen if the residents are no longer there. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Fisher moved to approve Rezoning Application #10-04, as it is in keeping with the Comprehensive Plan and the proffers do protect the residents. The motion was seconded by Supervisor Dove. Supervisor Forrester asked about ensuring hazardous materials, etc. are not stored in this facility. Director Lawrence advised that a business could not be run out of one of these boxes and storage of materials is regulated by the Fire Marshal. Supervisor Tyler asked if Bufflick Road was a no-through truck road. Assistant Administrator Tierney responded yes. There being no further discussion, the Board approved Rezoning #10-04 by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Nay Gene E. Fisher Aye Gina A. Forrester Nay Lynda J. Tyler Nay Barbara E. Van Osten Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING ORDINANCE. ARTICLE VI. RP RESIDENTIAL PERFORMANCE DISTRICT: SECTION 165-65. DIMENSIONAL REQUIREMENTS: BY THE ADDITION OF PARAGRAPH P. PIPE STEM LOTS: AND ARTICLE XXII. SECTION 165-156. DEFINITIONS - APPROVED Zoning Administrator Cheran advised that the Development Review and Regulations Subcommittcc evaluated a request from Greenway Engineering to allow pipestem lots as an alternative lot design. The proposed ordinance incorporates several design standards for pipestem lots. These include limiting the total number of pipe stem lots in a development to no more than 5% Minute Book Number 30 Board of Supervisors Regular Meeting of 01112/05 284 of all lots, restricting all pipe stem lots except those with a single-lot driveway, and have a minimum road frontage of 20 feet. The Planning Commission recommended approval of this proposed ordinance. Chairman Shickle called the public hearing to order. Evan Wyatt, Greenway Engineering, stated that this proposal was discussed at the December 8,2004 Board work session. He felt it promotes in fill development in the urban development area. He went on to say that a limited number of lots could be utilized such as 5 lots per 100 lots. He stated that VDOT and EMS concerns have been addressed. He concluded by requesting the Board approve this amendment. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the Ordinance Amending the Frederick County Code, Article VI, RP Residential Performance District, Chapter 165-65, Dimensional Requirements; and Article XXII, Definitions, 165-156, Definitions and Word Usage, Zoning. WHEREAS, An ordinance to amend Article VI, RP Residential Performance District, Chapter 165-65, Dimensional Requirements; and Article XXII, Definitions, Chapter 165-156, Definitions and Word Usage, Zoning, to allow pipestem lots as an alternative lot design in Frederick County. This amendment was considered by the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled meetings; and WHEREAS, The Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on August 28, 2003; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on Fcbruary 4,2004; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on January 12,2005; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfarc, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board ofSupcrvisors that Articlc VI, RP Residential Performance District, Chapter 165-65, Dimensional Requircmcnts; and Articlc XXII, Definitions, Chapter 165-156, Dcfinitions and Word Usage, Zoning, is amcnded to allow pipe stem lots as an altcrnativc lot design in Frederick County. This amendment is amended as described: ~ 165-65. Dimensional requirements. P. Pipestem Lots. The use of Pipe stem lots is permittedfor single~ramily detached traditional, single-family detached urban and single~amily detached cluster lot types, if all of the following design requirements are met: Minnte Book Number 30 Board of Supervisors Regular Meeting of 01112/05 285 (1) The total number of pipe stem lots in a residential development may not exceed jive percent (5%) of the total number o.rlots. (2) Pipestem lots shall have a minimum road frontage oftwenty (2 0) feet. (3) Pipestem lot driveways shall access only one (1) lot. (4) Minimum yards shall be asfollows: (a) Front, side and rear yards: twenty (20) feet. (b) Accessory buildings: twenty (20) feet. (c) Side yard of lots adjoining pipestem driveway yard: fifteen (15) feet. (5) Pipestem lot driveways shall not adjoin other pipestem driveways. (6) Unless specified differently above, pipestem lots shall comply with all other regulations of the Frederick County Zoning and Subdivision Ordinances. ~165-156. Definitions and word usage. Lot, Pipestem - A residential lot fronting on a public or private street in which access is provided by a narrow strip of land, referred to as the pipestem driveway yard, which is less than the minimum required front yard width, and located between adjoining residential lots fronting on the same street. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Nay Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE. CHAPTER 144. SUBDIVISION OF LAND: ARTICLE IV. SUBDIVISION REVIEW PROCEDURES: SECTION 144-11. PRELIMINARY SKETCHES. TO BRING THIS SECTION INTO CONFORMANCE WITH CURRENT STATE CODE REOUlREMENTS REGARDING VESTED RIGHTS. - PUBLIC HEARING CANCELLED OTHER PLANNING ITEMS DISCUSSION OF 2005-2006 CAPITAL IMPROVEMENTS PLAN (CIF) - AUTHORIZED FOR PUBLIC HEARING Senior Planner Susan Eddy appeared before the Board on behalf of this item. She advised that this year's Capital Improvements Plan contains 12 new projects. She briefly summarized the capital projects and reviewed a map ofthe project locations. She concluded by saying that the plan is in conformance with the Comprehensive Policy Plan. Upon a motion by Supervisor Tyler, seconded Supervisor Forrester, the Board approved sending the Capital Improvements Plan forward for public hearing. Minute Book Number 30 Board of Supervisors Regular Meeting of 01/]2/05 28 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye DISCUSSION OF PROPOSED CHANGES TO COUNTY CODE. ZONING. SECTION 165-37D(3) - WAIVER TO BUFFER DISTANCE REQUIREMENTS - AUTHORIZED FOR PUBLIC HEARING Zoning Administrator Cheran appeared before the Board on behalf ofthis item. He advised that the Development Review and Regulations Subcommittee at its December 9, 2004 meeting discussed a request from Greenway Engineering to amend Section 165-37 D (3) of the Frederick County Zoning Ordinance to allow waiving of distance requirements from the zoning district buffers requirements. Section 165-37 D (3) currently requires the establishment of a category "B" buffer when B-1 and B-2 are developed adjacent to RA zoned properties primarily used for residential use. The existing ordinance does not allow waivers for buffers and screening. All buffers and screening must meet the zoning district requirements as noted in Section 165-37 D (1) (a). Staff recommends that any waivers be limited to distances, not to screening. The Planning Commission voted to forward this proposed ordinance amendment to the Board for discussion. Thc proposed section would read as follows: "(3) Whenever land is to be developed in the B-1 (Business, Neighborhood) or B-2 (General Busincss) Zoning District that is adjacent to land primarily used for residential use in the RA (Rural Areas) Zoning District, a "B" category buffer shall be provided on the land to be developed. The Planning Commission may reduce the required bujfer distance requirements with the consent of the adjacent (affected) property owners. The distance requirements of Section 165-37 D (1) (a), may be reduced provided the landscaping requirements of this section are met." Chairman Shickle asked how RA (Rural Areas) zoned property use as residential would be determined under this proposal. Zoning Administrator Cheran responded that staff would do their homework to make sure thcy understand what the adjoining property looks like before making a determination. Director Lawrence advised that as long as the house was in close proximity to the adjoining Minute Book Number 30 Board of Supervisors Regular Meeting of 01112/05 287 property then it would be considered residential. Supervisor Fisher stated that properties zoned RA (Rural Areas) Distriet seem like they never get buffered. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Tyler, the Board approved sending this proposed amendment forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Nay Gina A. Forrester Nay Lynda 1. Tyler Aye Barbara E. Van Osten Aye DISCUSSION OF RURAL AREAS STUDY - DECISION DEFERRED UNTIL MARCH 11.2005 TO ALLOW ALTERNATE PROPOSALS TO BE SUBMITTED Senior Planner Eddy appeared before the Board on behalf of this item. She high lighted the proposals and reviewed the goals. With regard to land development, the proposal called for a density of one unit per five aeres. Subdivision of property would be phased with no more than ten lots created in any five year period. A landowner could request a rezoning to permit a faster rate of development. This proposal would minimize the strain on County resourees and permit the growth to be better absorbed. The proposal also called for mandatory clustering and a 60% set aside for open space. Senior Planner Eddy went on to say that most rural land owners oppose the phasing and rezoning provisions. She concluded by saying that the Planning Commission recommended thatthis proposal be forwarded to the Board for review. Supervisor Van Osten commended the work of staff, the Comprehensive Plans and Polieies Subcommittee, and citizens on this proposal. She stated that all proposals were made in good faith to address the concerns of the publie. Senior Planner Eddy informed the Board that in 2004 there were 505 lots created in the Residential Performanee District (63%) and 292 lots created in the Rural Areas District (37%). Supervisor Van Osten stated that this 37% represents more building occurring in the Rural Areas District. She went on to say that she believed a consensus could be reached on this proposal. She recommended that the Board allow the citizen committee to present their alternative proposal to the Board, but she would suggest that they be given a 30 day rather than 60 day time limit. Minute Book Number 30 Board of Supervisors Regular Meetiug of 01112/05 288 Vice-Chairman Dove stated that he was frustrated that another group is coming in at the "11 th hour" with another proposal. Supervisor Tyler thanked staff and the large landowners for all of their work and input in this process. Supervisor Fisher stated that he was still troubled by this proposal and did not feel "we are where we can be". He felt the Board could come up with something better than this. Supervisor Van Osten stated that the 10 lots in five years caused a lot of consternation. She would like to have the Board forego the lOin five proposal; however, she was a strong advocate for phasing. Chairman Shickle asked the Board to express their concerns with this proposal so staff and other could see where they might want to go regarding this issue. Vice-Chairman Dove stated that he would like to see the County receive proffers from homes created through the rezoning process. He did not believe the lOin five scenario would work; however, he would like to see it be a number that would not invite building a lot of houses. Supervisor Tyler stated that she agreed with phasing, but she felt the lOin five proposal was going to back fire. Supervisor Van Osten concurred with the previous comments. She does advocate phasing, but felt the lOin five proposal negatively impact landowners with over 100 acres. Supervisor Forrester echoed Vice-Chairman Dove's remarks. Supervisor Ewing stated that he could not see where "we have fixed anything yet". Supervisor Fisher previously stated his position. Chairman Shickle stated that he could only go with the phasing option under the rezoning proposal; however, he did not support rezoning. He stated that clustering was okay, but he was not sure it would get the Board to where they want to be. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board voted to allow up to March 11,2005 to receive the alternate proposal from Mr. Good's citizen committee, and also allow others to submit alternate proposals for the Rural Areas Study during that time. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 01112/05 289 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye BOARD LIAISON REPORTS BOARD OF SUPERVISORS COMMENTS ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:50 P.M.) ... JO~~ Clerk, Board of Supervisors , \L-Q. 0 c.. 9-. 0 (.) J..J Richard C. Shick.le Chairman, Board of Supervisors Minutes Prepared By: 9:CWt, p~ '1l.l Jay . Ti s Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 01/12/05