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HomeMy WebLinkAboutFebruary 09, 2005 Regular Meeting 331 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 9,2005, at 7: 15 P.M., in the Board of Supervisors ' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda 1. Tyler, and Barbara E. Van Osten. CALl, TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Phillip Roby of the Amazing Grace Fellowship Church delivered the invocation. ADOPTION OF AGENDA - APPROVED Administrator Riley advised that he had no additional items for the agenda. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the agenda was approved as presented 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 CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the consent agenda: Parks and Recreation Commission Report - Tab D. Upon a motion by Supervisor Ewing, 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 J. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS Dr. Ward Vaughan, Back Creek District, appeared before the Board to discuss the need for Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 332 an indoor aquatics center. He cited the many health benefits such a facility would provide to the citizens of the County. He further cited how this facility would be an asset to the builders in Frederick County, as well as the residents and ncw families moving into the area. He concluded by citing the many bencfits this facility would provide for the schools and rccrcation programs. Peggy Ann Livermore, Back Creek District, appeared before the Board regarding the proposed sale of Shawnee land lots. She stated that shc had lived in Shawnee land most of her life and shc was concerned about the proposed minimum bid price for thesc surplus lots. She felt that the loss of revenue on land that could be sold at a premium price would be substantial. She asked the Board to hold off on authorizing the sale in order to allow time for the community to reorganize. She concluded by citing several concerns relative to this proposal including a loss oftrees, drivcway culverts, and bonds for filling in perc holes. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten informed those present that a community preparedness summit of public and private stakeholders in Frederick County and Winchester would be held in the Board Room on Friday, February 25,2005 from 9:00 A.M. - 11:00 A.M. Administrator Riley reminded everyone present that the American Cancer Society would be conducting its annual telethon on Sunday, February 13,2005. MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the minutes from the January 12,2005 Regular Meeting were 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 Upon a motion by Supcrvisor Forrester, seconded by Supervisor Van Osten, the Board approved the minutes form the January 19, 2005 Budget Worksession by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 333 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Dove, seconded by Supervisor Forrester, the Board approved the minutes from the January 19, 2005 Budget Worksession by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gcnc E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Forrester, scconded by Supervisor Van Osten, the Board approvcd the minutes from the January 26,2005 Budget Worksession with the School Board 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 COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF JAMES L. LONGERBEAM. KENNETH Y. STILES. AND RICHARD G. DICK AS FREDERICK COUNTY CITIZEN MEMBERS TO THE CONSOLIDATION STEERING COMMITTEE - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Fisher, the Board appointed James 1. Longerbeam, Kenneth Y. Stiles, and Richard G. Dick as Frederick County citizen members to the Consolidation Steering 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. F orrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REAPPOINTMENT OF CORDELL WATT AS BACK CREEK DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 334 Upon a motion by Supervisor Van Osten, scconded by Supervisor Tyler, the Board reappointed Cordell Watt as Back Creek District Representative to the Planning Commission. This is a four year term, said term to expire February 22, 2009. 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 Ayc Lynda J. Tyler Aye Barbara E. Van Osten Aye REAPPOINTMENT OF RALPH BLOOM AS TOWN OF MIDDLETOWN REPRESENTATIVE TO THE TRANSPORTATION COMMITTEE - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board reappointed Ralph Bloom as Town of Middletown representative to the Transportation Committee. This is a one year term, said term to expire February l3, 2006. 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 Ostcn Aye REAPPOINTMENT OF ROBERT B. PERRY AS MEMBER-AT-LARGE FREDERICK COUNTY REPRESENTATIVE TO THE NORTHERN SHENANDOAH VALLEY DISABILITY SERVICES BOARD - APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board rcappointed Robert B. Perry as member-at-large Frederick County Representative to the Northern Shenandoah Valley Disability Services Board. This is a three year term. Said term to expire March 31,2008. 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 Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 335: RESOLUTION (#032-05) AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) - SPRING 2005 BOND SALE - APPROVED Administrator Riley advised that this was a resolution seeking Board permission to apply for $7.7 million in bond proceeds intended for the final borrowing on the Admiral Byrd Middle School Construction ($1,560,000), construction of the eleventh elementary school ($4,800,000), land acquisition and design for the transportation facility ($850,000), and initial design, architectural and engineering for the replacement Gainesboro elementary school ($200,000). Supervisor Forrester moved to approve the resolution authorizing Frederick County to submit an application to VPSA for school financing and to schedule a public hearing. The motion was seconded by Supervisor Van Osten. WHEREAS, the Board of Supervisors has determined that it is advisable to contract a debt and issue general obligation bonds ofthe County in the maximum amount of $7,410,000 to finance certain capital improvements for public school purposes (the "Bonds") and to sell such bonds to the Virginia Public School Authority ("VPSA"); and WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable to advance money to pay the costs for such capital projects for public school purposes (the "Projects") and to reimburse such advances with proceeds of one or more financings; NOW, THEREFORE, BE IT RESOLVED BY THE FREDERICK COUNTY BOARD OF SUPERVISORS: The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing and equipping the Projects from the proceeds ofthe Bonds to be issued in the maximum amount of $7,410,000. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the Spring 2005 VPSA bond sale. The County Administrator is authorized to advertise a public hearing to be held on March 9,2005 on the issuance of the Bonds. This resolution shall take effect immediately upon its adoption. Supervisor Ewing stated that the Board was again faced with a last minute bond issuance for projects that it had not approved. He went on to say that it was difficult to support such a request. Supervisor Ewing cited the transportation facility and the replacement of the Gainesboro school as the projects to which he was rcferring. Chairman Shickle stated that both projects were on the capital improvcmcnts plan, but no further action had been taken regarding each. Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 336 Vice-Chairman Dove concurred with Supervisor Ewing. He stated that he would like to see some plans for these projects before authorizing funding. Supervisor Van Osten stated that this bond application included funds for land acquisition and design. She stated that the School Board was looking for an acknowledgment that these facilities were needed. She concluded by saying that she supported these requests. Supervisor Fisher stated that he also questioned the transportation facility and the Gainesboro school design and architectural expenses. He went on to say, if the Board approved them, he would be interested in just seeing a project budget outlining the fees for architectural, engineering, construction, site work; just to see what those project budgets were. School Finance Director Lisa Frye advised the Board that the appropriation decision occurs when the School asks for permission to embark on a project. She stated that the replacement of Gainesboro elementary and the transportation facility have been in the Capital Improvement Plan and they now need to be started. She went on to say that the request for appropriation for both projects arc in the construction fund portion of the 2006 budget. She concluded by saying that the portion of the application stating that the Board of Supervisors has approved these projects is actually saying that the Board has approved a resolution authorizing the projects to be included in the application. Supervisor Tyler stated that if the capital improvements plan is approved, then that would mean these projects have received conditional Board approval. She asked why they would be put on the capital improvements plan if there was no intent to seek funding. Supervisor Ewing stated that the C.I.P. was just a prioritized wish list and it had no authority to commence a project. Chairman Shickle asked when would be the appropriate time for board members to say they did not want to build these projects. Director Frye responded that would occur following the March 9, 2005 public hearing and during the budget approval process. She went on to say that she would add a footnote to page 7 of the application advising that these two projects were pending approval subject to the public hearing. Chairman Shickle stated that there was a need to do more work on communication relative to the VPSA bond issues in general and there was a need to foster dialogue between the two bodies. Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 33r There being no further discussion, the motion to approve the resolution authorizing Frederick County to submit an application to VPSA for school financing and to schedule a public hearing was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda 1. Tyler Bill M. Ewing Nay Nay Nay Aye Aye Aye Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 18,2005. Members present were: Charles Sandy, Robert Hartman, P. W. Hillyard, III, Victoria Keelon, and Steven White. Items requiring Board of Supervisors Action 1. None Submitted for Board Information Onlv 1. Election of Chairman and Vice Chairman - The Commission unanimously elected Mr. Steven White, Chairman and Mr. P. W. Hillyard, III, Vice Chairman to serve in 2005. 2. Meeting Date, Time, and Place - The Commission unanimously agreed to meet the third Tuesday of each month at 7:00 p.m. in the first floor conference room, 107 N. Kent Street. 3. Grant Request Recommendation - Mr. Hartman moved that the staff reapply for a 50/50 matching grant to the Department of Conservation and Recreation to construct a spray ground at Sherando Park, second by Mr. White, carried unanimously (4-0). PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, January 25, 2005 at 8:00 a.m. All mcmbcrs were present. The following items were discussed: ***Items Requiring Action*** 1. Discussion of PPEA Proposal and Contract for the Aauatic Center and Public Safetv Buildin!!. Respectivelv A closed session was convened under Virginia Code g2.2-3 711.30 to discuss an unsolicited PPEA proposal for the aquatic center and to review a proposed contract for the design and construction ofthe new public safety building under the PPEA format. After reconvening from the closed session, the following action was taken: a. Aquatic Center: The committee recommended that the unsolicited proposal submitted by the Shockey Companies for the aquatic center be forwarded to the board for their review and discussion. Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 338 Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved moving forward with this process and to seck competing proposals. 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 Aye Gina A. Forrester Ayc Lynda J. Tyler Aye Barbara E. Van Osten Aye b. Public Safetv Bui1din~: The committee unanimously recommended that a worksession be scheduled to include the board of supervisors and members ofthe public safety and public works committees to review the contract submitted by the Shockey Companies for the design and construction of the public safety building. A worksession was scheduled for Wednesday, March 2, 2005 at 1 :00 PM to address this item. 2. Sale of Lots in the Shawneeland Sanitarv District (SSm - Approved to Hold Public Hearinl! to Declare Properties as Surplus Land The committee reviewed and unanimously approved a motion to advertise for sale all of the lots owned by the SSD except those previously designated by the advisory committee and staff for future use by the SSD. The SSD currently owns 434 lots, of which 361 will be advertised for sale. In addition to the above motion, the committee unanimously recommended that any further real estate transactions be handled by a consultant under contract with the SSD. Staff is recommending that similar services be engaged to assist the SSD manager in processing the bids from the initial advertisement. Staff is further recommending a minimum bid price of $2,000 per lot. This latter price will serve to offset past uncollected sanitary district fees on the subject lots. Upon a motion by Supervisor Tyler, seconded by Supcrvisor Van Osten, the Board approved the advertisement of a public hearing to declare those properties owned by the Shawneeland Sanitary District surplus land. 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 **Items Not Requiring Action** 1. Ad Hoc Committee - Shawneeland Sanitarv District The following members were recommended to serve on an ad hoc committcc cstablished to review the current guidelines for the sanitary district advisory committee. Barbara Van Osten( Back Creek Magisterial District Supervisor), George Ludwig (public works committee representative), Dave Burleson (staff representative), Bob Hartman, and George Higginbotham, (Shawneeland Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 339 residents). George Ludwig will serve as the committee chairman and will be responsible for coordinating all meetings. 2. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 1) b. Recycling Report (Attachment 2) c. Animal Shelter Dog Report (Attachment 3) d. Animal Shelter Cat Report (Attachment 4) PUBLIC HEARING PUBLIC HEARING- SOLICIT PUBLIC COMMENT ON THE DECLARATION OF SURPLUS PROPERTY AND ADVERTISING THE PROPERTY FOR SEALED BIDS. THE PROPERTY TO BE CONSIDERED IS LOCATED AT THE INTERSECTION OF CHURCHILL DRIVE AND WARRIOR DRIVE. THE PROPERTY CONSISTS OF AN 8.000 SQUARE FOOT PARCEL ADJACENT TO LOT 33 AND AN APPROXIMATE 10.370 SQUARE FOOT PARCEL ADJACENT TOLOT44 IN THE FREDERICKTOWNEESTATES SUBDIVISION -APPROVED Administrator Riley advised that this item was self explanatory. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board declared the subject properties to be surplus and to be sold at a public sale. 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 PLANNING CQMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - REZONING #13-04 OF WESTBURY COMMONS. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 3.13 ACRES FROM B2 (BUSINESS GENERAL) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY FRONTS ON THE EAST SIDE OF WESTMINSTER- CANTERBURY DRIVE (ROUTE 1318). APPROXIMATELY 1.00 FEET SOUTH OF THE INTERSECTION OF NORTH FREDERICK PIKE (ROUTE 522). IN THE STONEWALL MAGISTERIAL DISTRICT. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 53-4-3-E AND 53-4-3-F - APPROVED Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 31+0 Planner II Candice Perkins appeared before the Board on behalf of this application. She stated that this was an application to rezone 3.13 acres from B2 (General Business) District to RP (Residential Performance) District to accommodate an 11 single-family small lot subdivision. The property is located in the Stonewall Magisterial District and is within the Urban Development Area and the Sewer and Water Service Area. She went on to say that the County's long range plan calls for commercial use on this property; however, due to its location a rezoning to residential IS appropriate. She then reviewed the proffer statement submitted by the applicant: The property will be developed in conformance with a Generalized Development Plan submitted with the rezoning package. A contribution of $1 ,000 per lot to less the impacts on capital facilities. Assurance that the site will be developed to accommodate no more than 11 age-restricted single family detached dwelling units with a minimum of 6,000 square feet per lot. The site will be served by a private street that meets the public street requirements utilized by VDOT and that the Homeowners Association will be rcsponsible for the maintenance. A five-foot wide asphalt pedestrian trail system will be constructed throughout the project, with connections to the center commons and community center. Community common open space will be provided in the center and northwest quadrant of the property as well as around the perimeter of the site. A Category B full screen buffer along the portion of the northern property line adjacent to existing B2 zoned parcel. The applicant will provide a twenty-five foot landscaped buffer along the wester project property line, adjoining Westminister-Canterbury Drive. Planner II Perkins stated that the applicant had proffered a four-foot high fence to adjoin the landscape buffer; however, the Planning Commission recommended removal of this requirement. She went on to say that maintenance responsibility for the Community Center and pedestrian trail were unclear. She concluded by saying that the Planning Commission recommended approval. Supervisor Tyler asked how the Board could eliminate the requirement for a community center that could not be met by only 11 lots. Director Lawrence responded that staff was meeting with the applicant to develop an ordinance amendment to work around this requirement, if the Board moves to approve this application. He stated that the process would take about two months to complete. He stated that this project, if approved would have to proceed under the existing ordinance until the master Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 341 development plan stage at which time, the amendment, if approved, could be applied to this proj ect. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf ofthe applicant, Harvest Communities. He providcd the Board with a hand out detailing the project's housing product along with letters of support from adjoining property owners. He askcd that it be made part of the record. Supervisor Dove asked how long it would take the applicant to complete thc master development plan. Mr. Wyatt responded that the applicant would start after the rezoning and try to dovetail it with the adoption of the proposed zoning text amendment. Supervisor Fisher asked if the applicant would be willing to include the Homeowners Association in the communication process when the timc comes to dedicate the open space, etc. Mr. Wyatt responded that language would be included in all ofthe deeds, but the applicant would see that there was full disclosure. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved Rezoning #13-04, Westbury Commons. 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 PUBLIC HEARING - REZONING #14-04 FOR THE HAGGERTY PROPERTY, SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, TO REZONE 111.56 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY IS LOCATED ADJACENT AND EAST OF EDDY'S LANE (ROUTE 820), APPROXIMA TEL Y THREE MILES EAST OF WINCHESTER AND 1.500 FEET SOUTH OF ROUTE 7. THE SUBJECT SITE IS FURTHER LOCATED ADJACENT AND SOUTH OF THE OPEOUON W ASTEW ATER TREATMENT PLANT PROPERTY AND ADJACENT AND WEST OF OPEOUON CREEK. WHICH FORMS THE BOUNDARY OF CLARKE COUNTY, IN THE RED BUD MAGISTERIAL DISTRICT, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 55A-212 AND 55-A-212A. - APPROVED. Deputy Planning Director Mike Ruddy appeared before the Board on behalf of this application. He explained that this was a proposal to rezone 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) Districtwith proffers to accommodatc a 300 unit residential Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 342 development with a mixture of single-family detached homes and single-family attached townhomes. This property is located in the Red Bud District and is adjacent and east of Eddy's Lane (Route 820), approximately 3 miles east of Winchester and 1,500 feet south of Route 7, adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The parcel is situated in the Urban Development Area and Sewer and Water Service Area. The traffic impact analysis for this project estimates 2,833 vehicle trips per day. Deputy Director Ruddy went on to say that the applicant has proffered 12.48 acres to address the Route 37 arterial improvement. He went on to say that due to the complicated nature ofthe roads in this area, it might be appropriate for the County to reevaluate the Eastern Road Plan. The property is served by the Frederick County Sanitation Authority, with wastewater to be piped to the Opequon Wastewater Treatment Plant. Deputy Director Ruddy then reviewed the some of proffers for this project: A proposed Frederick County Sanitation Authority Regional Pump Station. A 600-foot buffer adjacent to the Frederick-Winchester Service Authority operations. The extension ofthe water main to the Frederick-Winchester Service Authority property. The construction ofthe "spine" collector road from Route 7 to the southern property line. The right-of-way for a future collector road to the properties to the west. The right-of-way for Route 37 through the limits of the Haggerty property. The construction ofa landscape screen adjacent to the Route 37 right-of-way. Residential development for this property shall not exceed 300 residential units and housing types shall be limited to single family attached and single family detached. A monctary contribution of$1 0,211 for each single family detached unit and $8,051 for each single family attached townhouse unit. The connection to Route 7 will be made prior to the issuance of the first building permit. Deputy Director Ruddy concluded by saying that Planning Commission recommended approval of this rezoning application and the applicant and VDOT were present to answer any questions. Chuck Maddox, Patton, Harris, Rust, & Associates, appeared before the Board on behalf of the applicant. He stated that this project was 2 Y2 years of work because the applicant was looking for the right combination of issues to bring forward to the Board. He advised that the principle issue with this project was transportation and reviewed the history of the proposed Route 7 connector Miunte Book Number 30 Board of Supervisors Regular Meetiug of 02/09/05 343 road. He stated that this project would carry traffic from Route 7 halfway to Scnseny Road. Mr. Maddox then reviewed the changes made to the proffer statement since the Planning Commission meeting: The connection to Route 7 would occur prior to the issuance of the first building permit, rather than after the 51 sl pennit. This would keep the residential traffic from impacting Eddy's Lane. The project phasing was cxtended from three years to four years, with 75 houses being built per year. A trail system interconnecting this development with others that are occurring has been proffered. Mr. Maddox stated that of this 110 acre parcel, 20 acres have been set aside for roads and 50 acres for open space. He went on to say that it was the applicant's intent to transfer the open space to the Frederick-Winchester Service Authority or Frederick County Parks and Recreation Department for the purpose of public use. Chairman Shickle asked about the status of easements or legal agreements for the portions of the proposed Route 37 and collector road, if they go across adjoining propcrtics. Mr. Maddox responded that the roads go to the property line. Chairman Shickle asked if the applicant only needed an agreemcnt from the Service Authority to construct this collector road. Mr. Maddox responded that the applicant has a letter of intent from the Service Authority in place. Chairman Shickle asked what the Board should do if this application is approved and an adjoining property owner comes in with a rezoning, does that applicant need to show the proposed road. Deputy Director Ruddy respondcd that an application would have to show Route 37 and the project would have to tie into any existing or proposed roads. Supervisor Forrester asked if these proposed improvements were consistent with the MPO scenarios in this area. Dircctor Lawrence responded that, ifthe rezoning is approved, the County would have a new conceptual road. Staff would review the Eastern Road Plan and would work with the MPO. Chairman Shickle asked if VDOT would have to buy right-of-way from the Service Minnte Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 344 Authority, when and if Route 37 is built. Mr. Maddox responded that VDOT would have to procure right-of-way from the Service Authority. Deputy Director Ruddy responded that the applicant would have to account for the road right-of-way. Assistant Administrator Tierney advised that he thought it was in the Board's purview to require the dedication of the right-of-way during the rezoning. Resident Engineer Jerry Copp stated that VDOT has the possibility of building the road when the time comes. Supervisor Dove asked Engineer Copp if he felt good about the proposed road design or would he make any changes. Engineer Copp responded that he felt good about the road and he would make no changes. Chairman Shickle convened the public hearing. Eric Fox, Red Bud District, referenced proffer 13.4 regarding the right-of-way for the east- west connector of the north-south spine road. It states that the applicant would make available the area necessary... He asked if there would be a right-of-way dedication. There being no further public comments, Chairman Shickle elosed the public hearing. Supervisor Tyler asked the applicant ifhe would be willing to address curbside trash pick up within this development in light of the current status of the Greenwood convenience site. Mr. Maddox responded that the Homeowner Association documents contain provisions for curbside trash pick up; however, it would make sense to require this service. He stated that the applicant would be willing to modify the proffers to mandate that the Homeowners Association establish funding for curbside trash pick up. Supervisor Dove stated that residential growth was creating the need to build more schools. He asked ifthe applicant would be willing to proffer a five year project phasing, which would assist the County in controlling school growth in that area. Administrator Riley cautioned the Board about negotiating proffers at this point in the process. Mr. Maddox responded that he believed that they would be fine with five years. He stated Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 345 that they would prefer doing 75 lots per year over the first two year. Supervisor fisher asked that the applicant communicate with the Homeowners Association when the open space turns over. Mr. Maddox responded that the applicant would add $1 OO/lot to a bank account on the day the Homeowners Association is established. Chairman Shickle asked Mr. Maddox to review those items that had been voluntarily offered this evening. Mr. Maddox responded: A change to proffer 2.2 regarding the maximum number of permits requested. The project phasing was changed from 4 to 5 years with the stipulation that 75 lots per year would be developed in years one and two and 50 lots per year would be dcvelopcd in the remaining three years. The Homeowners Association will do curbside trash pick up. Creation of new proffer 10.3 in which the applicant would contribute $100/unit for homeowner association operations. Supervisor Tyler asked Mr. Maddox to respond to the citizen's question concerning proffer 13.4. Mr. Maddox responded that the applicant was providing space for the road, but there was no right-of-way dedication. Supervisor Forrester stated that she appreciated the applicants transportation improvements and the voluntary concessions; however, she had a responsibility to her constituents and therefore, declined to make a motion. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved Rezoning #14-04. 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 OTHER PLANNING ITEMS RESOLUTION (#033-05) DIRECTING STAFF TO UNDERTAKE A LAND USE Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 346 STUDY OF THE TASKER WOODS URBAN DEVELOPMENT AREA (UDA) EXPANSION REOUEST - APPROVED Supervisor Fisher stated that he requested this item be brought back to thc Board because, after reconsidering the proposal, he believed this was an appropriate action. He believed the proposal had merit and the adjoining homeowners preferred this property to bc rcsidential versus industrial. He concluded by saying that he would reserve final decision until it had been through the review process. Upon a motion by Supervisor Fisher, seconded by Supervisor Tyler, the Board approved the resolution directing staff to undertake a land use study ofthe Tasker Woods UDA cxpansion request. WHEREAS, The property owners of approximately 89 acres are seeking the incorporation oftheir properties into the Urban Development Area (UDA). The properties are located on the west side of Front Royal Pike (Route 522), north of Tasker Road, and east of Macedonia Church Road, and are identified by Property Identification Numbers 76-A-49 and 76-A-48A (only the portion north of Tasker Road), in the Shawnee Magisterial District; and WHEREAS, Thc rcqucst for consideration of this UDA expansion was sponsored and presented to the Board of Supervisors by the Shawnee Magisterial District Supervisor on January 26,2005; and WHEREAS, The Board of Supervisors supported the Shawnee Magisterial District Supervisor's request to place a resolution on the next available Board of Supervisors' agenda; NOW, THEREFORE, BE IT ORDAINED that the Board of Supcrvisors directs the Planning Commission to study and return to the Board of Supervisors a land use plan and recommendation regarding the inelusion of the subject 89 acres into the Urban Development Area (UDA). 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. Forrestcr Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye BOARD LIAISON REPORTS There were no Board Liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS The Board asked Administrator Riley to schedule a worksession with the Planning Commission and Comprehensive Plans and Policies Subcommittee and citizen group(s) to go over Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05 347 i any alternate Rural Areas proposal(s) received. The Board advised that they wanted staffto attend the worksession. 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. (9:33 P.M.) \2~ 0 0, ~ 0 b.JL) Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: en c '-1 ilL :fuYiTits Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 02/09/05