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DRRC 03-27-14 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development MEMORANDUM To: Development Review and Regulations Committee From: Candice E. Perkins, AICP, Senior Planner Ct� Subject: March Meeting and Agenda Date: March 19, 2014 540/665-5651 FAX: 540/665-6395 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday. March 27, 2014 at 7:00 p.m. in the first floor conference room (purple room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRC will discuss the following agenda items: AGENDA 1) Private Streets in the R5 Zoning District. Discussion on revisions to the Frederick County Zoning Ordinance to remove the requirement that R-5 communities must be "age restricted communities" to qualify for private streets. Please contact this office if you will not be able to attend the meeting. Thank you. Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the four-story wing. I would encourage committee members and interested citizens to park in the County parking lot located behind the new addition or in the joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing. CEP/pd Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Item #1: Private Streets in the R-5 Zoning District Staff has received a second request to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) Zoning District. Currently, the use of private streets in the R5 District is only permitted within age -restricted communities and only if approved by the Board of Supervisors. The age -restricted private street allowance was added into the R5 Zoning District in 2000, along with a number of other revisions that were requested by Dogwood Development Group (prior owner of the Shenandoah Development (Wheatlands)). The changes in 2000 were approved to allow increased flexibility and alternative designs in the R5 District while recognizing that an age restricted development would have a reduced impact on capital facilities. Prior to the adoption of the age -restricted private street allowance, the use of public streets was mandatory for all new developments in the R5. This amendment proposes to allow the use of private streets within all developments in the R5 District, but would still require Board of Supervisors approval. A previous request for private streets was discussed by the DRRC in October 2012; at that time the DRRC endorsed the proposed text amendment. The Planning Commission, Public Works Committee, the Transportation Committee and the Board of Supervisors also discussed this item in 2012 and 2013. Ultimately the Board of Supervisors declined to send the requested amendment forward for public hearing. The applicant has since requested another review of the text amendment and the discussion was moved forward by the Board of Supervisors. Staff has attached a draft ordinance revision that includes the amendments requested by the applicant. The only modification is an addition that the development must include a minimum of 1,000 lots. The text is similar to what was endorsed by the DRRC in 2012. The Transportation Committee discussed this proposed change at their February 2014 meeting and forwarded it to the DRRC for comment. Staff is seeking input from the DRRC on the proposed changes shown in the attachment. Staff is seeking comments or recommendations from the DRRC to forward to the Transportation Committee. Attachments: I. Proposed Revisions 2. Correspondence from Supervisors Wells 3. Applicant Request Letter 4. Board of Supervisors minutes 2 Chapter 165. ZONING ARTICLE V. Planned Development Districts Part 502. R5 Residential Recreational Community District § 165-502.05. Design requirements. K Open space. A minimum of 35% of the gross area of any proposed development shall be designated as common open space. This opera space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan far the use of these areas. .. communities are approved with private streets, a minimum of 45% of open space shall be required. [Arnended 9-26.2012] K. Streets, The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County. .(Ari' endod 9-26-20121 (1) Within any portion of a residential recreational community�:- .. 4;; �. , . t:<,, the Board of Supervisors may allow for the installation of private streets, provided that all ., r program perpetual maintenance of -..and that a ro ram for the all streets is provided which is acceptable to the Board of Supervisors and the Transportation Planner. (a) Three classes of private streets _ permitted z� 0,7shall be identified on a MDP as follows: [i] Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right-of-way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. Along the portions of right-of-way which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geornetrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph). [21 Neighborhood collectors. All private streets with a projected ADT of over 400 shall have a minimum right-of-way of 60 feet and may have lot frontage, Neighborhood collectors shall be fined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph, [3] Local streets. All private streets with a projected ADT of 400 or less shall have a minimum tight -of -way of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph. The 11 (2) Within R-5 residential recreation community developments approved prior 10 1980, the Board of Supervisors may allow the extension of existing private roads if no other means of access is available. L. Curb and gutter. All public and private streets shall be provided with curb and gutter. �71 1:7 C7, t L. Curb and gutter. All public and private streets shall be provided with curb and gutter. ROBERT W. WELLS 5114 Laura Drive Stephens City, Virginia 22655 January 29, 2014 Mr. Charles S. (Chuck) DeHaven, Jr. Frederick County, Va. Supervisor, Stonewall District Representative Supervisor, Transportation Committee 2077 Martinsburg Pike Winchester, Virginia 22603 REFERENCE: Shenandoah Development (Lake Frederick) request for private streets Chuck: Please find enclose copies of the formal request for the above from Lawson and Silek, P.L.C. and an email that I received from Mr. Charlie Harmon, resident of Lake Frederick expressing his feeling about private streets in his community. From what I have been able to ascertain so far approximately 90% of the current residents are in favor of having private roads. I have spoken to Mr. Lawson and the current owner/developers to listen to their request. On all occasions I have expressed my desire for them to be able to assure me and the other board members that MREC and Lansdowne Development have the finances,(reserve fund) and experience necessary in installing and maintaining private streets that will assure this request success. At present one section of this development is already "Gated" and MREC and Lansdowne Development have expressed their intentions in installing a gated situation for the second section. I am presenting this information because I have been told that VDOT will not accept nor maintain roads in a Gated Community. I will rely on the Transportation Committee's resources determine if this is true. I would support this request based on receipt of the necessary assurances from MREC and Lansdowne and the approval from Transportation. If after reviewing the enclosed you need additional information please let me know. Sincerely, Robert W. (Bob) Wells LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SMITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540)665-00$0 FAcsIMu,E: (540) 7224051 October 1, 2013 Mr. Robert W. Wells Frederick County Board of Supervisors 5114 Laura Drive Stephens City, VA 22655 THOMAS MOORE LAWSON • TLAWSoN(a?LSPLc.COM Re: Shenandoah Development Our File No. 1211.001 VIA E-MAIL AND U.S. MAIL Dear Supervisor Wells: It was very nice meeting with you last week to discuss the new development at Shenandoah. This is to confirm that the owners, MREC Shenandoah VA, LLC and MREC Shenandoah Investment, LLC (collectively "MREC"), would like to formally request that the Board of Supervisors consider a waiver to allow for private streets throughout the entire Shenandoah community and not just in the age -restricted areas. MREC is committed to installing private streets that have a depth of pavement that meets or, in many cases, exceeds VDOT's standards. Its goal is to create a private, gated community that benefits the residents and also helps to create an exclusive community feel. MREC and Lansdowne Development Group have had a significant amount of experience installing and maintaining private streets in other communities and look forward to doing the same at Shenandoah. For your convenience, I enclose a draft ordinance which we would ask be considered by the Board of Supervisors and allowed to be advertised for a public hearing. Thank you for your assistance and cooperation. After you have considered this request, please feel free to call with any questions. TML.jk Enclosure cc: Lansdowne Development Group FRONT ROYALADDRM: POSTOMCE BOX 602, FROM' RmA1, VTBOIMIA 22630 • TE1XYHONE: (540)635-9415 • FACSIMTU: (5401635-9421 • E-NML: JS1tJW0t AWSOvAND91Er- John Bishop From: John Bishop Sent: Wednesday, February 05, 2014 12:31 PM To: 'cdehaven@crosslink.net' Subject: FW: Shenandoah Attachments: February 27 2013 Regular Meeting Minutes.pdf Chuck; Below are the important dates regarding the issue of private streets in Shenandoah and its previous discussion by the Board and other Committees. DRRC at their October 2012 meeting The Planning Commission discussed this item at their meeting on December 4, 2012; The Board of Supervisors discussed this item on December 12, 2012 and forwarded the amendment to the Public Works Committee and the Transportation Committee (no substantive board discussion was noted in the Board meeting minutes)= The Public Works Committee discussed the amendment at their meeting on January 29, 2013; the Committee expressed concerns about the significant impact the revised development would have on county services; concern was expressed regarding the future maintenance of the private roads, and it was suggested that the ordinance amendment be revised to require a certain percentage of the development be restricted to age restricted to offset the potential impact to county services. The Transportation Committee discussed the amendment at their meeting on February 19, 2013; there were no comments received, and the Committee recommended the proposed amendment be forwarded to the Board of Supervisors (without a recommendation) for further consideration. Board of Supervisors Discussion on February 27, 2013 — didn't send to public hearing. Minutes attached. Thanks John I 262 ! A Regular Meeting of the Frederick County Board of Supervisors was held on I Wednesday; February 27, 2013 at 7:00 P.M., in the Board of Supervisors' Meeting Room, i County Administration Building, 107 North Kent Street, Winchester, Virginia. 1 PRESENT i Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; j Bill M. Ewing; Gene E. Fisher; Robert A. Hess; and Gary A. Lofton. I CALL TO ORDER j Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. i PLEDGE OF ALLEGIANCE i i 1 Vice -Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised there were no additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the agenda by the following recorded vote: j I Richard C. Shickle Aye Bill M. Ewing Aye ! Christopher E. Collins Aye I Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye . jl CONSENT AGENDA - APPROVED i Administrator Riley offered the following items for the Boards consideration under the consent agenda: Parks and Recreation Commission Report — Tab D; and - Transportation Committee Report — Tab F. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. I Iess Aye Gary A. Lofton Aye II 1Minute Book -Number 38 Board of Supervisors Regular Meeting of 02/27f13 Under a separate consent agenda, Administrator Riley offered: - Subdivision Waiver Request— 300N, LLC (Wincrest Drive -Blue Ridge Hospice Site) — Tah G. Chairman Shickle advised he would abstain from consideration of item G due to a conflict of interest. Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the second consent agenda by the following recorded vote: Richard C. Shickle Abstain Bill M_ Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye CITIZEN COMMENTS Tim Donovan, Opequon District and resident of Lake Frederick, appeared before the Board to urge the approval of the proposed R-3 text amendment. He said it is important that it be approved so the development can continue to grow. He said the proposal was a win/win. He concluded by saving he would provide copies of a petition signed by the residents urging support of the proposed amendment. Ty Lawson, attorney with Lawson & Silek, appeared before the Board on behalf of the Lansdowne Development Group. He noted the existing Lake Frederick community was approved for private streets, however, the developer would like to continue developing this property and add non -age restricted lots. He noted 221 residents signed the petition in favor of the text amendment and waiver. IIe noted the text amendment provides tougher standards than the current ordinance. He went on to say the developer wants gated private streets for the community. He concluded by saying the applicant would like to have the text amendment and waiver request heard at the same time so the Board could see exactly what the proposal would allow. Hobie Mitehell, real estate developer and former member of the Commonwealth I ; f Transportation Board, expressed his excitement about the potential to develop the rest of the Lake Frederick community. He noted the developer planned to get the community active right away and they had no problem with the new standards proposed. He expressed some concern i about design speeds. He concluded by asking the Board to send the text amendment lorward and to consider the amendment and waiver request at the same time. Minute Book Number 38 Board of Supervisors Regular Meeting of 02127/13 BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. NIEWITS - APPROVED Supervisor Hess advised he would abstain from voting on the approval of the minutes. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the minutes from the February 13, 2013 budget work session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Abstain Gary A. Lofton Ayc Upon a motion by Vico-Chairman Ewing, seconded by Supervisor Lofton, the Board approved the minutes from the February 13, 2013 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye i ( Gene E. Fisher Aye Robert A. Hess Abstain Gary A. Lofton Aye COUNTY OFFICIAi.S COMMITTEE APPOINTMENTS REAPPOIN-TMENT OF ALLAN HUDSON TO THE RUSSELL 150 i COMMUNITY DEVELOPMENT AUTHORITY (CDA) - APPROVED Upon a motion by Vice -Chairman Ewing, seconded by Supervisor Fisher, the Board reappointed Allan Hudson to the Russell 150 Community Development Authority. This is a four year appointment. Term expires March 1, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye RF.OUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Minute Book Number 36 Board of Supervisors Regular Meeting of 02/27/13 '' 265 Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Winchester Speech Pathologists the amount of $5,152.20 for over reporting and over paying business license for one or more years. One or more subsequent years was adjusted with an increase and all other records are now correct. Upon a motion by Vice -Chairman Ewing, seconded by Supervisor Lofton, the Board approved the refund request by the following recorded vote: Richard C. Shickle Ave Bill M_ Ewing Aye Christopher E. Collins Aye Charles S. DcHavcn, Jr. Aye Gene E. Fisher Aye Robert A. Iless Aye Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 12, 2013. Members present were: Martin Cybulski, Gary Longerbeam, Charles R Sandy, Jr., Ronald Madagan, and Kevin Anderson. Members absent were: Ron llodgson, Patrick Anderson, and Christopher Collins. Items Requiring Board of Supervisor Action: 1. None. Submitted for Board Information Onto: 1. Foundation/Reserve Fund — Mr. Madagan moved to go forward with the Reserve Fund and develop policies to operate the fund, second by Mr. Sandy, motion carried unanimously (5-0). 2. Committee Appointments— Mr. Cybulski appointed the following committees: Executive Committee: Martin Cybulski and Gary Longerbeam Finance Committee: Patrick Anderson and Charles R. Sandy, Jr. Buildings and Grounds: Ronald Madagan and Gary Longerbeam Public Relations: Charles R. Sandy, Jr. and Kevin Anderson Appeals Committee: Kevin Anderson, Ronald Madagan, and Ron Hodgson FINANCE CONEMWEE REPORT - APPROVED The Finance: Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, February 20, 2013 at 8:00 a.m. The Audit Committee immediately followed. Members Stephen Swiger and Richard Shicklc were absent. Items 1 and 2 were approved under consent agenda. Upon a motion by Vice -Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr_ Aye Minute Book Number 38 Board of Supervisors Regular Meeting of OV27/13 266 1 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,207.14. Tbis amount represents payment for firing range use ($500), a reimbursement from thc Department of Homeland Security ($1,492.14), and donations to DARE ($15) and the K-9 program ($200). No local funds are required. See attached memo, p.4-8. — Approved Under Consent Agenda. 2. The Department of Social Services requests a General fund supplemental appropriation in the amount of $20,000 for Strengthening Families Innovators for Success Council. No local funds required. See attached memo, p. 9. — Approved Under Consent Agenda. 3. The NRADC Superintendent request a NRADC Fund supplemental appropriation in the amount of S261,183 for the fall 2012 employee bonus and to revitalize Office Career Advancement and Development Program this spring. The Jail Authority approved the request. See attached memo, p.10. The committee recommends approval. —Approved. Upon a motion by Vice -Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Ave Robert A. Hess Aye Gary A. Lolton Aye 4. Greenwood Volunteer F&R Company requests a General Fund supplemental appropriation in the amount of $23,797.38. This amount represents proffer funds available to Greenwood for the purchase of an ambulance. The item is listed on the County's CIY. Se e attached memo, p. 11-13. The committee recommends approval of the current balance of the proffers designated to Greenwood, $25,211.38. — Approved. Upon a motion by Vice -Chairman Ewing, seconded by Supervisor Hess, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 5. The Voter Registrar requests a General Fund supplemental appropriation in the amount of $33,385 for the June dual primary election. See attached information, p. 14-15. The committee recommends appropriation contingent on the calling of the primary. — Approved. Upon a motion by Vice -Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Nay Charles S. DeIIaven, Jr. Aye Minute Book Number 38 Board of Supervisors Regular Meeting of 02/27113 I 267 Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 6. The Transportation Director requests a General Fund supplemental appropriation in the amount of $710.904. This amount represents revenue sharing with VDOT for work on Route 11 N. No local funds required. See attached information, p. 16-17. 17he committee recommends approval. - Approved Upon a motion by Vice -Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Rill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 7. The Public Works Director requests a General Fund supplemental appropriation in the amount of $452.347 for the design of the new Round Hill Fire and Rescue Station and Social Hall. The Public Works Committee has approved this request. Local funds are required. The committee recommends approval. - Approved Upon a motion by Vice -Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Crary A. Lofton Aye S. The County Administrator requests authorization to have an appraisal on the County Administration Building. Funds are available in current budget. The committee recommends approval. -Approved Upon a motion by Vice -Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bili M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E, Fisher Aye Robert A_ Hess Aye Gary A. Lofton Aye 9. The Finance Director discusses the FY2012 Comprehensive Annual Financial Report (CAFR). No action is required. AUDIT COMAHTTEE 1. David Foley from Robinson, Farmer, Cox Associates will present the FY2012 final audit and be available for discussion of the upcoming 2013 audit. The committee authorized the Finance Committee chairman to sign the engagement letter for the 2013 audit. Minute Book Number 38 Board of Supervisors Regular Meeting of 02/27/13 ***Information Only*** 1. The Finance Director provides a Fund 10 Transfer report for January 2013. See attached, p. 18-19. 2. The Finance Director provides 1/31/13 financial statements. See attached, p. 20-30. 3. The Finance Director provides 2/13/13 General Fund fund balance report. See. attached, p. 31. TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER! CONSENT AGENDA The Transportation Committee met on February 19, 2013 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting) Mark Davis (liaison Middletown) Gene Fisher (voting) Christopher Collins (voting) James Racey (voting) Crary Oates (liaison PC) Lewis Royer (liaison Stephens City) Bryon Grigsby (voting) ***Items Requiring Action*** None ***Items Not Requiring Action*** 1. Private Streets in the R5 District Staff presented the draft modifications to the ordinance governing the use of private streets in the R5 district. The applicant was present and noted that they had specific desires regarding their development which prompted the modification request. They also noted that what they intend to build exceeds the proposed requirements. In discussion the committee did not identify any concerns with the modifications. MOTION: Mr. Racey made a motion to forward to the Board of Supervisors for consideration. Mr. Fisher seconded the motion. The motion passed with I vote against. 2. VDOT Route 37 Work For information only at this point staff and VDOT pre..wnted a drdfi of the Route 37 corridor refinements being undertaken by VDOT. The purpose of this work is to make sure that current planning for the corridor is consistent with current design standards where the old plans i may not he. Staff is doing some additional work to the map coverage and will then forward them I for consideration. This item will return to the Transportation Committee at their March meeting for a recommendation of comments to the Board of Supervisors. j 3. I-81 Corridor Coalition Staff notified the committee that the County had been solicited to join the 1-81 Corridor Coalition at a cost of $5,000.00 per year for a three year term. Staff noted that based on j discussions with local public safety leaders that the benefits of being a direct member did not I Minute Book Number 38 Board of Supervisors Regular Meeting of 02/27/13 !269 seem to justify the cost of membership. In addition the County is still a member under the is umbrella of the Northern Shenandoah Valley Regional Commission which is a member. I i MOTION: _Mr. Racey made a motion that the committee not recommend membership at this time. Motion was seconded by Mr. Grigsby. The motion passed unanimously. i i 4. Other Mr. Carter of VDOT noted that they will be approaching the committee for a recommendation regarding the reconstruction of the Rt. 623 bridge at the Frederick/Shenandoah County line. Mr. Oates asked for follow up on the discussion of MARC train access or shuttles from Frederick County that was discussed at the Planning Commission retreat. PL+ANATNG COMMISSION BUSINESS SUBDIVISION WAIVER REQUEST — 300N LLC WINCRF,ST DRIVE -BLUE RIDGF. HOSPICE SITE) — PUBLIC ROAD FRONTAGE WAIVER — APPROVFD UNDER CONSENT AGENDA This was a request from 300N, LLC to subdivide commercial lots, which would utilize r private roads instead of public streets. In order for the subdivision to occur a waiver of Section 144-24C of the Frederick County Subdivision Ordinance must be approved by the Board of I I � Supervisors. This item was approved under the consent agenda. DISCUSSION — PRIVATE STREETS IN THE R5 (RSIDENTIAL RECREATIONAL COMMUMTY) DISTRICT— DENIED SENDING FORWARD FOR PUBLIC HEARING I Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) Zoning District. She noted the use of private streets in the R5 District is currently only permitted within age -restricted communities and only if approved by the Board of Supervisors. She went on to say the proposed amendment has the potential to modify communities previously approved (not proffered) as age -restricted and could introduce dwelling units that accommodate all ages; therefore, the impacts on the County's school system should be considered with this amendment. The proposed amendment was reviewed by the Development Review and Regulations Committee, Public Works Committee, Transportation Committee, and Planning Commission. Senior Planner Perkins noted the Pablic Works Committee expressed concern about impacts on county services and future maintenance of the private streets. Supervisor Lolton asked if the Board did not allow private streets then the developer could still do their proposal using public streets? Wnutt Book Number 38 Board of SuperviRort Regular -Meeting of 02/27/13 t i Senior Planner Perkins responded if the developer kept the project as age -restricted then they could utilize private streets; however, a non -age restricted development would have to, implement public streets. I� Supervisor Lofton asked if this amendment affected current subdivisions. i Senior Planner Perkins responded no. Supervisor Lofton asked if it would affect future developments: Senior Planner Perkins responded yes. Supervisor Wisher stated that he believed the impact on county services was serious. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board denied sending this proposal forward for public hearing due to impacts on County services. Supervisor Lofton stated he was looking forward to hearing from the community. He noted if the development continues with public streets the impacts are not negated. Ile concluded by saying private streets might be an advantage to the County in the future. Vice -Chairman Ewing stated he was hoping to hear from the community also. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Nay Christopher E. Collins Nay Charles S. DeHaven, Jr. Aye Gene F. Fisher Aye Robert A. Iless Aye Gary A. Lofton Nay BOARD LTAMON REPORTS Vice -Chairman Ewing informed the Board that Trish Ridgeway, Director of Handley Regional Library, was retiring in August. Supervisor Lofton informed the Board that Karen Ridings from Cooperative Extension; was retiring. He noted she had done a wonderful job and he thanked her for her service to the' county. Chairman Shickle provided a brief report on the Joint Finance Committee meeting.' Topics included the status of the Request for Proposals for renovations to the Joint Judicial Center, salary supplements for the General District and Juvenile -Domestic Relations Courts, which were not approved, and discussions regarding outside agency and joint project funding. CITIZEN COM51ENTS Minute Back Number 38 Board of Supervisurs Regular Meeting of 02127113 271 i John Wright, Red Bud District, addressed the Board regarding the FY2014 budget. He encouraged the Board to address the priorities of salary increases, salary scales, and benefits. He noted now was the time to support the employees with a meaningful raise. He noted in the Fire Iand Rescue Department the quality of applicants is down over past years. He concluded by saying the department has seen a 19°10 turnover rate since 2008. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. Reverend Ross l4albersma delivered a bcncdiction. ADJOTTRN UPON A MOTION BY VICE=CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS ITEREBY ADJOURNED. (7:42 P.M.) Richard C. ShickJe Chairman, Board of Supervisors w5l�l 1 J 1 ey, rk, Board of Supervisors Minutes Prepared By; Jay E. Tibbi Deputy Clerk, Board of Supervisors Minute Book Number 38 Board of Supervisors Regular Meeting of 02/27/13