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January 24, 197929 A Regular Meeting of the Frederick County Board of Supervisors, was held on January 24, 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. ABSENT: Thomas B. Rosenberger, Vice Chairman. The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Malcolm Lerch of the Stephens City • Lutheran Parish. SITE PLANS: SP #035 -78 - L & L BUILDERS - STONEWALL DISTRICT - APPROVED Mr. Berg presented the request for site plan approval of L & L Builders I • and explained the location and purposes of the proposed warehouse building. He advised that the Highway Department and Planning Commission recommended that both entrances be paved to Highway Department standards. Dr. Fish asked if there would be landscaping and Mr. Berg stated that there would be one planting. 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 Site Plan #035 -78 of L & L Builders for a warehouse building on Lenoir Drive in Stonewall Magisterial District with the condition that the proposed new entrance be built to Virginia Department of Highways standards and the existing entrance receive bituminous treatment. The above resolution was passed by the following recorded vote: Aye - • J S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles'. SP #032 -78 - 'ALLEN PROPERTIES, INC. - OPEQUON DISTRICT - APPROVED Mr. Berg presented the request for site plan approval of Allen Properties and described the location and proposed use of the property. Mr. H. B. Alexander and Mr. John Alexander appeared in support of said site plan. There was a brief discussion regarding the number of entrances off Route 277 and the hazardous conditions caused by multiple entrances in this area. Mr. Owings stated that he felt entrances off Route 277 to properties in this • area should be served by an access road. Mr. Berg explained the options available for entrance to the subject property l stating that one'option would be to have access through the Kentucky Fried Chicken Restaurant parking lot. Mr. Alexander stated that unless the entrance as proposed on this site plan is approved, he did not feel his distributor would approve construction of the proposed gorcery store on the property. II Mr. Owings stated that he understood that a blinker light would be erected adjacent to the sicty foot right -of -way which adjoins this property and he would 30 suggest that perhaps this right -of -way be utilized as an entrance to the property. Mr. Alexander stated that he felt the entrance must be off the main road in order for the business to be successful. Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Site Plan #032 -78 of Allen Properties, Inc. for a grocery store off Route 277 in Opequon Magisterial District with the condition that the entrance to said property be located at the point of the proposed blinker light to be located adjacent to the sixty foot right -of -way adjoining said property. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Dr. Raymond L. Fish, and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. SP #037 -78 - ROBERT F. ZEIGLER - STONEWALL DISTRICT - APPROVED Mr. Berg presented the request for site plan approval of Robert F. Zeigler and described the location and proposed use of the property. He advised that the road had been built to Highway Department specifications but would not be accepted until there are additional businesses constructed thereon. Dr. Fish asked if the set back lines were as issue in this matter and Mr. Berg advised that the Board of Zoning Appeals had approved a variance from the required set back lines for the entire industrial park. There followed a brief discussion regarding the approval of the variance before any of the lots were sold or a site plan was submitted. Mr. Ambrogi advised that he did not feel the Board could challenge the variance granted by the Board of Zoning Appeals and if all requirements had been met on the site plan, the Board must approve it. Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Site Plan #037 -78 of Robert F. Zeigler for a retail air conditioning company in the Ash Hollow Industrial Park in Stonewall Magisterial District with the condition that the parking areas and building foundation must be built on original soil or on 95% compacted fill. The above resolution was passed by the fo- lowing recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. SP #028 -78 - ALLIED FURNITURE - STONEWALL DISTRICT - APPROVED Mr. Berg presented the request for site plan approval of Allied Furniture and stated that said plan meets all requirements. Mr. V. V. Cutshaw appeared before the Board in support of said plan. Mr. Stiles stated that he had talked with Carroll Brown, Director of Inspections, since the last meeting regarding this property, as well as discussing the problems with Mr. Cutshaw. He stated that he felt everything could be worked out to the satisfaction of the Inspections Department as a result of these dis- cussions. Mr. Cutshaw stated that he had discussed the problems with the building with Mr. Brown and that he had agreed to work with Mr. Brown to rectify some of the problems with the building. • • U n U CI 31 Mr. Stiles stated that the occupancy permit for the building does not relate II to the site plan. There followed a brief discussion regarding the required area of paving for this business and Mr. Stiles requested that this requirement be studied and perhaps an amendment might be made to revise the Code to provide for different requirements for paving and parking according to the type business being constructed. 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 Site Plan #028 -78 of Allied Furniture on Route 11 North in Stonewall Magisterial District with the request that the staff address the problem of parking spaces required for this type retail operation in the immediate future; and, BE IT FURTHER RESOLVED, That if the Board, after receiving the results from the abovementioned study, decides to reduce the requirements, Mr. Cutshaw may appear before the Board to request an amendment to his site plan. 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. SUBDIVISIONS: GARLAND CATHER - TWO LOTS IN BACK CREEK DISTRICT - APPROVED Mr. Berg presented the request for subdivision approval of Garland Cather and stated that the Planning Commission recommended approval of same. Mr. Cather appeared before the Board in support of his request. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the subdivision amendment request of Garland Cather to divide two lots into four on Route 654 in Back Creek 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. SUSANREED WALDON - TWO LOTS IN STONEWALL DISTRICT - APPROVED Mr. Berg presented the request for subdivision approval of Susanreed Waldon and stated that the Planning Commission recommended approval of same. Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, • Virginia, does herein approve the subdivision request of Susanreed Waldon for two BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, lots located at Routes 671 and 742 in the Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Kontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. LONE OAK SUBDIVISION AMENDMENT - OPEOUON DISTRICT - APPROVED Mr. Berg presented the request for subdivision-amendment approval for Lone Oak Subdivision and stated that only Lot 30A would be requested inasmuch as Lots 31 and 32 did not meet Health Department requirements. 32 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 subdivision amendment to Lot 30A in the Lone Oak Subdivision located on Route 641 in the Opequon Magisterial District. The above resolution was passted by the following recorded vote: Aye - S. Roger Koontz, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. CONDITIONAL USE PERMITS: CUP #023 -78 - CHARLES W. BUSH - SHAWNEE DISTRICT - APPROVED Mr. Berg presented the request for conditional use permit of Charles W. Bush and stated that the Planning Commission recommended approval of said request. Mr. Stiles asked if the one year provision should be attached to this permit and Mr. Berg replied that if this is not done, the permit will run forever with the property. Mr. Stiles suggested that after a year or perhaps two, the permit might be issued on a five year basis. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit #023 -78 of Charles W. Bush to operate a home office for bookkeeping in his residence located off Senseny Road on Country Club Drive in the Shawnee Magisterial District for a period of one year 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. RECONSIDERATION OF GRIEVANCE PROCEDURE - TABLED Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein table reconsideration of the Grievance Procedure until such time as results of legislation which is pending before the Virginia General Assembly regarding regulations set forth is said procedures is forthcoming. 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. APPOINTMENTS - PARKS & RECREATION COMMISSION - RUSSELL AND BROWN - APPROVED Mr. Renalds stated that the Parks and Recreation Commission had recommended the reappointment of Mr. J. Robert Russell and Mr. Robert Brown to the Commission as at -large members for a term of two years. Mr. Stiles stated that he still did not feel that it was proper for the Commission to recommend appointments to the Board for service on its own Commission. Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein reappoint Mr. J. Robert Russell and Mr. Robert Brown to serve as at -large members on the Fredrick County Parks and Recreation Commission for a L • FJ • • • 33 term of two (2) years, said .term to commence on January 19, 1979 and terminate on January 18, 1981. 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. ROAD NAMES COMMITTEE APPOINTMENT - CLAUDE GORE - APPROVED 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 appoint Mr. Claude Gore to serve as the representative from Stonewall District on the Road Names Committee. 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. LETTER OF SUPPORT - EMERGENCY SERVICES COUNCIL FOR PLANNING DISTRICT 7 - APPROVED Mr. Koontz presented a letter from Mr. Terry L. Sinclair, M.D., Chairman of • the Steering Committee for Planning District 7, Emergency Medical Services Council requesting a letter of support from the Board of Supervisors in order to apply for funding for said project. Dr. Fish stated that he was concerned tht this project, like most federal programs, would turn counter - productive and also that many organizations after accepting federal funding, tend to lose their identity and volunteer status. Mr. Koontz explained that this program would help the organizations meet the continuing upgrading requirements imposed by the State. Mr. Stiles stated that he was concerned that the County might be expected to 11 r1 U pick up the expenses of this program once federal funds are expended. He also stated that he did not like to vote on matters which he had not had time to study or review. Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein support the Emergency Medical Services Council for Planning District 7 in order to improve the coordination among those providing emergency care,, and to assist in providing needed emergency equipment, training programs, comm- unication equipment, etc. to the area. The above resolution was passed by the following recorded vote Aye - S. Roger Koontz, Will L._Owings, and R. Thomas Malcolm. Nay - Dr. Raymond L. Fish, and Kenneth Y. Stiles. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. om d� . retary, Board of Supervisors