Bos Agenda 110812

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    BOARD OF SUPERVISORSCOUNTY OF FAUQUIERWARRENTON, VIRGINIA

    AGENDA

    November 8, 2012

    11:00 AM AGENDA REVIEW (Chester W. Stribling, Lee District Supervisor, Sponsor;

    Renee P. Culbertson, Deputy Clerk, Staff)

    12:30 PM WORKING LUNCH

    01:30 PM A WORK SESSION TO DISCUSS THE ECONOMIC DEVELOPMENT

    DELEGATION'S VISIT TO CHINA (Paul S. McCulla, County Administrator, Sponsor;

    Catherine M. Heritage, Deputy County Administrator, Staff)

    02:00 PM A WORK SESSION TO REVIEW LEACHATE TREATMENT / REUSE AND TO

    PROVIDE AN UPDATE ON LANDFILL EXPANSION (D. Lee Sherbeyn, Cedar Run

    District Supervisor, Sponsor; Mike Dorsey, Director , Staff)

    02:30 PM A WORK SESSION TO UPDATE THE BOARD OF SUPERVISORS ON THE

    ACTIVITIES OF THE BUSINESS ADVISORY COMMITTEE (Peter B. Schwartz,

    Marshall District Supervisor, Sponsor; Catherine M. Heritage, Deputy County

    Administrator, Staff)

    03:00 PM A CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7) OF THE CODE OF

    VIRGINIA FOR CONSULTATION WITH LEGAL COUNSEL PERTAINING TO

    ACTUAL OR PROBABLE LITIGATION (Kevin J. Burke, County Attorney, Sponsor;

    Kevin J. Burke, County Attorney, Staff)

    Regular Meeting

    Warren Green Building, 10 Hotel Street, Warrenton, VA 20186

    6:30 PM

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    Possible additions to the agenda and related materials are not set forth herein.

    1. INVOCATION - Chester W. Stribling, Lee District Supervisor

    2. PLEDGE OF ALLEGIANCE

    3. ADOPTION OF THE AGENDA

    4. CITIZENS' TIME

    5. PROCLAMATIONS AND RECOGNITIONS

    A Proclamation To Honor The 2012 Recipients Of The Virginia Society, Sons Of The

    American Revolution Culpeper Minute Men Chapter Fire Safety & Emergency Medical

    Services Commendation Medal (Chester W. Stribling, Lee District Supervisor, Sponsor;

    Thomas M. Billington, Fire Rescue Chief , Staff)

    6. CONSENT AGENDA

    a. Minutes of the October 11, 2012 Regular Meeting and the October 17, 2012 AdjournedMeeting of the Fauquier County Board of Supervisors (R. Holder Trumbo, Jr., Scott

    District Supervisor, Sponsor; Renee P. Culbertson, Deputy Clerk, Staff)

    b. A Resolution To Approve Funding For The Purchase Of Development Rights Of

    Qualifying Twelfth Round Applicants To The Purchase Of Development Rights (PDR)

    Program (Chester W. Stribling, Lee District Supervisor, Sponsor; Ray Pickering, DIrector,

    Staff)

    c. A Resolution to Amend the FY 2013 Adopted Budget by $82,314 (Finance Committee,Sponsor; Ari J. Sky, Director, Staff)

    d. A Resolution to Approve the Acceptance of A Conservation Easement on the Property

    of Harald B. Malmgren and Linda V.E. Malmgren (Peter B. Schwartz, Marshall District

    Supervisor, Sponsor; Kevin J. Burke, County Attorney, Staff)

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    e. A Resolution for Subdivision Street Acceptance of the Cattle Lands Subdivision for

    Cattle Lands Drive, Cedar Run Magisterial District (D. Lee Sherbeyn, Cedar Run

    District Supervisor, Sponsor; Stephanie Miller, Engineering Associate, Staff)

    f. A Resolution to Initiate an Update to Chapter 9 of the Fauquier CountyComprehensive Plan Dealing with Public Facilities and Utilities (Christopher N.

    Granger, Center District Supervisor, Sponsor; Kimberley P. Fogle, Director, Staff)

    g. A Resolution Confirming the Declaration of Local Emergency Made for Fauquier

    County on October 27, 2012 (Paul S. McCulla, County Administrator, Sponsor; Thomas

    M. Billington, Fire Rescue Chief, Staff)

    h. An Ordinance to Vacate a Portion of Vance Street in Rectortown, Virginia (R. Holder

    Trumbo, Jr., Scott District Supervisor, Sponsor; Kevin J. Burke, County Attorney, Staff)

    i. A Resolution To Complete Preliminary Engineering Work To Develop A Wastewater

    Treatment Plant To Treat Landfill Leachate (D. Lee Sherbeyn, Cedar Run District

    Supervisor, Sponsor; Mike Dorsey, Director , Staff)

    j. A Resolution Authorizing The County Administrator To Accept On Behalf Of

    Fauquier County A 2012 Emergency Management Performance Grant (EMPG)

    Awarded By The Virginia Department Of Emergency Management (Paul S. McCulla,

    County Administrator, Sponsor; Thomas M. Billington, Fire Rescue Chief , Staff)

    7. A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN

    THE UPPERVILLE VOLUNTEER FIRE COMPANY AND FAUQUIER COUNTY TO

    PLACE CAREER STAFFING IN THE UPPERVILLE STATION AND TO SPLIT THE

    COST 50/50 WITH THE COUNTY FOR THE REMAINDER OF FY 2013 (Chester W.

    Stribling, Lee District Supervisor, Sponsor; Thomas M. Billington, Fire Rescue Chief, Staff)

    8. APPOINTMENTS

    Citizen Committee, Board and Commission Appointments for Consideration (R. Holder

    Trumbo, Jr., Scott District Supervisor, Sponsor; Renee P. Culbertson, Deputy Clerk , Staff)

    9. SUPERVISORS' TIME

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    10. ANNOUNCEMENTS

    Public Hearings

    1. A RESOLUTION TO AMEND THE FY 2013 ADOPTED BUDGET BY $4,188,351 -

    Staff provided an update on FY 2012 year-end status to the Board of Supervisors at its

    October 11, 2012, work session. During the presentation, staff identified a number of

    incomplete projects and other needs in various funds requiring FY 2013 appropriation or

    transfer. Projects totaling $4,788,351 were identified at the presentation. The Code ofVirginia, 15.2-2507, requires a public hearing when amendments to the budget exceed 1% of

    the total expenditures. The FY 2013 threshold for the public hearing requirement is

    $3,474,379 based on the FY 2013 adopted budget, which totals $347,437,926. (Finance

    Committee, Sponsor; Ari J. Sky, Director, Staff)

    2. AN ORDINANCE EXEMPTING FROM TAXATION CERTAIN PERSONAL

    PROPERTY OWNED BY FAUQUIER COMMUNITY FOOD BANK AND THRIFT

    STORE, INC. - Fauquier Community Food Bank and Thrift Store, Inc., has requested that

    its personal property be declared exempt from taxation in order to permit it to retain

    additional funds to provide its services. (R. Holder Trumbo, Jr., Scott District Supervisor,

    Sponsor; Kevin J. Burke, County Attorney, Staff)

    3. A ZONING ORDINANCE TEXT AMENDMENT TO SECTIONS 3-307, 5-700, AND

    15-300 TO ALLOW SINGLE-FAMILY DWELLING UNITS AND OTHER

    COMMERCIAL LAND USES AS CATEGORY 7, ADAPTIVE USES - The Fauquier

    County Zoning Ordinance allows the adaptive reuse of older structures in the rural and

    residential districts for those new uses specified in Section 5-701 of the Ordinance. These

    new uses, Category 7, Adaptive Uses, currently include retail shops, offices, restaurants and

    multi-family uses, and require special exception approval by the Board of Supervisorspursuant to those special standards set forth in Section 5-702 of the Ordinance. While these

    provisions encourage the preservation of older buildings, they do not allow the conversion of

    formerly non-residential structures (or those buildings that were formerly used for non-

    residential uses) for residential uses except for higher density multi-family uses such as

    apartments. The purpose of this text amendment is to allow the adaptive reuse of those

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    Zoning Ordinance requires a freestanding central water system to be designed and

    constructed to serve all lots within a subdivision of seven or more lots whenever a public

    water system is not required. A public water system is not required because the properties

    are located in a non-public water growth area in the Comprehensive Plan. The central water

    requirement can only be removed with approval of a Category 31 Special Exception. Ahydrogeological report and testing is required as part of the Special Exception application

    unless this study requirement is waived. An application to waive the hydrogeological testing

    requirement was filed on September 27, 2012. The property is located on the west side of

    James Madison Highway (Routes 15/17/29). The Planning Commission recommended

    denial of the Special Exception request with a three (3) to two (2) vote. The waiver of the

    hydrogeological testing requirement was not filed in time for the Planning Commission to

    consider that application; therefore, it is being brought forward for Board of Supervisors

    consideration. The Planning Commission is not required to make a recommendation on the

    waiver request.

    (Alwington Farm, LLC, Owner/Alwington Farm Developers, LLC, Applicant , Sponsor;

    Holly Meade, Assistant Chief of Planning, Staff)

    6. A RESOLUTION TO APPROVE SPEX13-MA-002 AND SPEX13-MA-003 - ORLEAN

    VOLUNTEER FIRE COMPANY NO. 11 - CATEGORY 11 SPECIAL EXCEPTION

    FOR THE DEVELOPMENT OF A NEW FIRE STATION AND A CATEGORY 20

    SPECIAL EXCEPTION FOR AN ABOVEGROUND WATER STORAGE FACILITY

    (PIN 6935-58-4087-000, MARSHALL DISTRICT) - The owner is seeking approval of a

    Category 11 Special Exception application to allow for the construction of a new fire station,

    and a Category 20 Special Exception to allow for an aboveground water storage facility. The

    property is the existing Fire Department site, located at 6838 Leeds Manor Road (Route

    688), in Orlean. On October 25, 2012, the Planning Commission unanimously recommended

    approval of this application. (Orlean Volunteer Fire Company No. 11, Owner/Applicant ,

    Sponsor; Adam Shellenberger, Senior Planner/Urban Designer, Staff)

    Adjournment