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September 18, 1979 to194 A Special Meeting of the Frederick County Board of Supervisors was held on Tuesday, September 18, 1979 at 4:00 P. M. in the Board of Supervisors Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. ABSENT: Dr. Raymond L. Fish The Chairman called the meeting to order. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned members of the Board of Supervisors of Frederick County, Virginia, the Commonwealth Attorney, and the Clerk of the Board, do hereby waive Notice of Special Meeting to be held on Tuesday, September 18, 1979, at 4:00 P. M. in the Frederick County Board of Supervisors; Meeting Room, 9 Court Square, Winchester, Virginia, for the following purposes: 1. Consultation with attorney on legal matters. 2. Such other business as may come before the Board. Signed and attested this 18th day of September 1979. //c/ S. Roger Koontz S. Roger Koontz,Chairman Thomas B. Rosenberg Vice Chairman Back Creek District L. Fish Raymond L. Fish Gainesboro District G/ Will L. Owin Will L. Owings Opequon District R. Thomas Malcolm R. Thomas Malcolm Shawnee District / Kenneth Y. Sti Kenneth Y. Stiles Stonewall District L Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth's Attorney ATTEST: 121 J. O. Renalds, III J. O. Renalds, III County Administrator BOARD RETIRES INTO EXECUTIVE SESSION `Upon motion made by Kenneth Y. Stiles seconded by R. Thomas Malcolm, and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344, Subsection (a) (1) of the Code of Virginia, 1950, as amended to discuss personnel. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the Board withdrew from Executive Session. 2 • • • J • 195 BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas 7 L Malcolm and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS • • ORDERED THAT THE BOARD OF SUPERVISORS DO ata N 11i :;) , �,Iu� ha ma oard of lu,,li7vis o A Regular Meeting of the Frederick County Board of Supervisors was held on September 26, 1979, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. (Mr. Stiles arrived late) ABSENT: Thomas B. Rosenberger,'Vice Chairman. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Arnold Vaught of the Winchester Centre Friends Quaker Meeting. SUBDIVISIONS Line Adjustment - Fredericktowne Section I II - Opequon Distr • Mr. Renalds presented the request for lot line adjustment for Fredericktowne, Section III and stated that this will put on record the extended right -of -way extending it to 60 feet and also extending said right -of -way to Route 647. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the lot line adjustment of • Fredericktowne, Section III, Opequon Magisterial District, as set forth on the plat and survey recorded in Deed Book 443,.Page,230 to extend the right -of -way (Caroline Avenue) to sixty (60) feet and to also extend said right -of -way to Route 647. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Lot Line Adjustment - Section II - O' strict Mr. Renalds presented the request for lot line adjustment for Fredericktowne, Section II and stated that the request was to move the utility easement off Lots 86, 90, 91, 92 and 93 and deed the property back to the developer. Mr. John Riley advised that the phone and power M � lines are there but as yet no construction has begun; that this would provide ample room for building on these lots. There was no opposition. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT-RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the lot line adjustment of Fredericktowne, Section II "The Pines" to move the utility easement off Lots 86, 90, 91, 92 and 93 as set forth on plat drawn by Douglas C. Legge, C.L.S., dated September 21, 1979. The above rsolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. • PLAT VACATION - EDWIN L. RHODES - REFERRED BACK TO PLANNING COMMISSION FOR RECOMMENDATION Mr. Renalds presented the request for plat vacation of Edwin L. Rhodes stating that the original plat contained two lots and subsequently the ' owners have requested that the parcel be subdivided into three lots. He stated that in order to do this, it would be necessary to vacate the firs • plat and approve the second one setting forth three lots. Dr. Fish asked if this had been before the Planning Commission and Mr. Renalds replied that the Planning Commission has nothing to do with plat vacation and therefore the request had not been sent to them. Mr. Malcolm stated that he was hesitant to usurp the consideration of the Planning Commission in matters such as this and therefore he would be in favor of sending it to them for consideration and recommenda Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of • Frederick, Virginia, does herein refer the request of Edwin L. Rhodes , for plat vacation and resubdivision approval to the Planning Commission for consideration and recommendation. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. SITE PLAN - AMOCO FOAM PRODUCTS - STONEWALL DISTRICT - APPROVED The Planning and Development Director presented the site plan of • Amoco Foam Products. He read the recommendation and comments of the reviewing agencies and stated that the Planning Commission recommended approval with the condition that an adequate buffer be provided - on the ea t side of the access to the site bordering the residential property. Mr. Conrad Mazur and Mr. Frank Eskridge appeared before the Board representing Amoco Foam Products and stated that they were in the process of negotiating a couple of points set forth in the recommendations but ' could see no problem with them. 197 • • • L • The entrance to the plant was discussed at length and Mr. Mazur stated that several possibilities had been examined but this was the only suitable area for said entrance. Mr. Koontz asked if the term "adequate buffer" had been addressed and Mr. Pangle, Public Works Director, stated that he and the Extension Agent had looked at the property and the Amoco representatives had agreed to abide by whatever buffer we decide upon. Mr. Stiles stated that he had heard no adverse reaction to this plant in his area. The access to the property and the traffic conditions in this area were discussed at length and several Board Members expressed concern that there would be no cross -over at the entrance to the plant and traffic would have to travel down to the cross -over in front of Crown Cork and Seal Company which is already a congested area. Mr. Stiles advised that the work would be started on the traffic signal in this area tomorrow and he felt another signal would be needed in front of Crown Cork and Seal Company in the future. Mr. Eskridge stated that they had requested a cross -over from the Highway Department but this had been denied. He added that he felt the speed limit would be re- duced when the light is installed and this would help the situation tremendously. Dr. Fish stated that he would like to see a study done of this entire strip of highway and Mr. Stiles replied that this stretch of road has been discussed with the Highway Department for years and they have been completely unresponsive. He added that he would be hesitant to attach a condition to the site plan over which Amoco has no control. He then asked what.the situation with the Sanitation Authority was with regard to providing water and sewer to the site and Mr. Koontz replied that he felt this matter had been pretty well resolved. Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve Site Plan No. 024 -79 of Amoco Foam Products to construct a manufacturing plant and office on the Cather property located east of U. S. Route 11 North, immediately west of Interstate Highway 81 and South of Route 839 in the Stonewall Magisterial District withtthe following conditions: 1. That adequate buffer be provided on the east side of the access to the site bordering the residential property. 2. That.the Highway Department be requested to investigate further the feasibility of a cross -over at the entrance to the property. 3. That this site plan approval is contingent upon satisfactory resolution of water and sewer service to the site by the Frederick County Sanitation Authority. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings and Kenneth Y. Stiles. PUBLIC HEARINGS CONDITIONAL USE PERMIT NO. 017 -79 - DENNY'S, INC., - STONEWALL �. 4 DISTRICT - APPROVED Mr. Riley presented the request for conditional use permit of Denny's, Inc. and stated that all approvals had been received. He suggested that perhaps the time limit for renewal should be one year as with other conditional use permits. Mr. Koontz asked if the site distance is sufficient for the place- ment of this sign and Mr. Pangle replied that it was. Mr. Stiles stated that he would like Mr. Riley to note that hence- forth requests for conditional use permits for signs should be on a three year basis. There was no opposition. Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit No. 017 -75 of Denny's, Inc. to erect an off premise sign on his property located one mile east of Winchester on the south side of Route 7 in the Stonewall Magisterial District for a period of'three years. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. USE PERMITS - WITHDRAWN CODE, CHAPTER 21, ZONING SECTION 21 -11. CONDITIO Mr. Koontz announced that the above ordinance had been withdrawn and would be brought back to the Board at a later date. ZMAP #010 -79 - FREDERICK COUNTY PLANNING COMMISS TRICT - APPROVED Mr. Riley presented the request of the Planning Commission to rezone the property of Richard and Leona Nicholson and stated that the recommen- dation of approval of said request was unanimous. Mrs. Nicholson appeared before the Board and stated that they were in the process of building a house on this property when they discovered it was zoned business and that subsequently they had found that the property would not perk; hence, the request for the zoning change to A -2. There was no opposition. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following zoning map amend- ment petition on third and final reading: ZONING MAP AMENDMENT PE:TITION'•NO.010 -79 OF THE FREDERICK COUNTY PLANNING COMMISSION FOR RICHARD AND LEONA NICHOLSON, ROUTE 1, BOX 184, WINCHESTER, VIRGINIA, REQUESTING THAT 14 ACRES ON BUFFLICK ROAD NOW ZONED BUSINESS- LIMITED (B -1) BE REZONED AGRICULTURAL - GENERAL (A -2). THIS PROPERTY IS DESIGNATED AS PROPERTY INDENTIFI- CATION NUMBER 64B(A) 38 AND IS LOCATED IN SHAWNEE MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles. C • • 1 • J 199 I L • • P FIRST AND SECOND READINGS: The following items were read on first and second readings: 1. CONDITIONAL USE PERMIT NO. 018 -79 OF ARTHUR H. AND DOROTHY H.'FULTON, BOX 86, STEPHENS CITY, VIRGINIA, 26.816 ACRES, ZONED INDUSTIAL GENERAL (M -2), REQUESTING A CONDITIONAL USE PERMIT FOR A TRAILER REPAIR SHOP. THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 86(A)193, 914 195 IN THE OPEQUON MAGISTERIAL DISTRICT. 2. CONDITIONAL USE PERMIT NO. 019 -79 OF WINCHESTER RENDERING COMPANY, INC., P. O. BOX 2138, WINCHESTER, VIRIGNIA 5.011 ACRES ZONED AGRICULTURAL - GENERAL (A -2)., REQUESTING A CON- DITIONAL USE PERMIT FOR AN OFFICE BUILDING. THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 41 -18 IN THE GAINESBORO MAGISTERIAL DISTRICT. 3. CONDITIONAL USE PERMIT NO. 020 -79 OF ANGELO FUNKHOUSER, 112 LEE AVENUE, WINCHESTER, VIRGINIA, .5 ACRES, ZONED RESIDENTIAL- LIMITED (R -1), REQUESTING A CONDITIONAL USE PERMIT FOR THE TEMPORARY PLACEMENT OF A MOBILE HOME. THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 25- 25(A)- 26 -54(A) IN THE STONEWALL MAGISTERIAL DISTRICT. 4. ZONING MAP AMENDMENT PERITION NO. 011 -79 OF WINCHESTER RENDERING COMPANY, INC., P. 0. BOX 2138, WINCHESTER, VIRGINIA, REQUESTING THAT 5.011 ACRES ON ROUTE 679 NOW ZONED AGRICULTURAL- LIMITED (A -1) BE REZONED INDUSTRIAL - GENERAL (M -2). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 41 -18 AND IS LOCATED IN THE GAINES- BORO.MAGISTERIAL DISTRICT. 5. AN ORDI.NANCE`TO AMEND .THE FREDERICK.COUNTY.CODE, CHAPTER 21 ZONING, ADOPTED JULY 12, 1978 TO AMEND SECTION 21 -1; DELETE HOME OCCUPATION ACCESSORY STRUCTURE, AMEND SECTION 21- 16(L), DELETE SECTION 21 -16(w) (7), AMEND SECTION 21- 26(1), DELETE SECTION 21- 26(X)'(19), AMEND SECTION 21 -35, AMEND SECTION 21- 36(L), DELETE SECTION 21- 36(m), AMEND SECTION 21 -43, AMEND SECTION 21- 44(d), DELETE SECTION 21- 44(L), AMEND SECTION 21- 52(i), DELETE SECTION 21- 52(p). The Home Occupation Section is being amended to require Conditional Use Permits for home occupations in all agri- cultural and residential districts. 6. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING ADOPTED JULY 12, 1978 TO AMEND ARTICLE I, SECTION 21- 1 DEFINITIONS. 7. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE II, SECTION 21 -11 CONDITIONAL USE PERMITS. $400 TRANSFER FROM RESERVE FOR CONTINGENCIES TO PROVIDE FOUR CASH DRAWERS FOR TREASURER'S OFFICE - APPROVED The Treasurer appeared before the Board and stated that for the past two years the State Auditors have requested that she have four cash drawers, one for each clerk, instead of just the one she is currently using. She advised that she had checked with B -K Office Supply who had installed the original counter and cash drawer and found that the cost for the additional drawers would be approximately $400. Mrs. Keck9.oy requested permission to purchase these drawers in order to meet the requirements of the Auditor. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the transfer of $400 from Reserve for Contingencies for the purchase of four (4) cash drawers for the Treasurer's Office. 200 The above resolution was passed by the following recorded vote: Aye - s. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. INDUSTRIAL DEVELOPMENT AUTHORITY VACANCY NOTED Mr. Koontz noted that Mr. William Sandy had resigned his position on the Industrial Development Authority and an appointment to fill this vacancy would be necessary in the very near future. REQUEST FOR $66,360 SUPPLEMENTAL APPROPRIATION - PARKS AND RECREATION DEPARTMENT FOR STEPHENS CITY PARK FACILITIES - APPROVED Mr. Ned Cheely, Parks and Recreation Director, appeared before the • Board and stated that due to the fact that two years has elapsed since the original costs were estimated for service facilities at the Stephens City Park, there is a difference of $66,630. He explained that the bid for this project came in at $169,900 and after several deletions it had been reduced to $155,080. Mr. Stiles stated that he objected to having this matter brought up tonight without prior notice to the Board. He added that the County is ' running out of money and this type spending would have to stop somewhere. There followed a brief discussion wherein Mr. Cheely explained the N • items set forth in the bid to be constructed at the Stephens City Park and the costs thereof. He stated that he hoped a situation like this would not occur in the future but due to the time delay and the fact that the original estimate was not made by an architect or planner, the estima had been greatly missed. He advised the Board that by completing the project they would be meeting the requirements of the Commission on Out- door Recreation and everything that could be done in house had been delet from the costs. Upon motion made by Will L. Owings and seconded by Dr. Raymond L. • Fish, - BE IT RESOLVED, That the Board of Supervisors of the County of ' Frederick, Virginia, does herein approve a supplemental appropriation in the amount of $66,360 to the Parks and Recreation Department budget for ti completion the service facilities at the Stephens City Park thereby accepting the bid of H & W Construction Company in the amount of $155,080 to complete said project; and, BE IT FURTHER RESOLVED, That the Board does herein direct that $18,000 of the above supplemental appropriation be taken from Revenue • Sharing Funds and the remaining $48,360 to be taken from Reserve for Contingencies. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. BOARD RETIRES INTO EXECUTIVE SESSION