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July 11, 1979135 A Regular Meeting of the Frederick County Board of Supervisors was held on July 11, 1979, in the Board of Supervisor's Meeting Room, ' I 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman;.Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Gary Robbins of the • II Gainesboro United Methodist Church. SITE PLANS Revised Site Plan No. 029 -77 - Everett Emerson - Stonewall District - APPROVED Ms. Dorothea Stefen, Zoning Administrator, presented the revised site plan request of Everett Emerson and stated that the Planning Commission recommended approval of said plan with the provision that ' the site plan not be released until an occupancy permit is obtained. Mr. Emerson asked that the requirement for ribbon in the fence • be deleted. There followed a brief discussion as to whether or not the ribbon in the fence would serve any real purpose in screening the property. Ms. Stefen advised that the building had been occupied before an occupancy permit was obtained and the Planning Commission was recom- mending that all requirements be met before the site plan is released. Mr. Brown, Inspections Director, advised that once the barbed wire and ribbon is installed on the fence and the grading has been done, all requirements for a temporary occupancy permit will be met. • Mr. Stiles then moved to approve the site plan with the removal of the requirement for ribbon in the fence inasmuch as it would serve no purpose in screening the property from Route 37. This motion was seconded by Dr. Raymond L. Fish and following a brief discussion regarding the possible alternative of screening with trees, the above motion was withdrawn. Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of • Frederick, Virginia does herein approve the Revised Site Plan No. 029 -77 of Everett Emerson for an addition to the office and storage building located on Lenoir Drive in the Gilpin Industrial Park with the stipu- lation that the requirement for placing ribbon in the fence be removed for the issuance of a temporary occupancy permit, but shall be retained as a requirement for the issuance of a final occupancy permit in order II to provide additional time to study the problem of screening and explore the possibility of alternate screening methods. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. 136 Site Plan No. 015 -79 - Coca Cola Bottl Industrial Park (Fort Collier Industri District - Approved I company - states - Ms. Stefen presented the site plan of the Coca Cola Bottling Company and stated that the Planning Commission recommended approval with the provision that the portion of land from the 720 foot contour line to the rear line of the property be grass instead of treated. Mr. Robert Mitchell, Attorney and Mr. Henry Lowry, General Manager of the Coca Cola plant, appeared before the Board in support of this site plan. Mr. Koontz stated that the problem the Board is facing at this time is the approval of site plans in this area where access roads are a problem. He advised that the Board had told the developer, Mr. I. Fred Stine, Jr., that no additional site plans would be approved until another access road was obtained and that he is currently working on this matter. Mr. Mitchell stated in good= faith._and::was-no property is located on a st and therefore he felt met a stated that the site plan h ments of the The operation of the b stated that the company wou would be fifteen trucks mak Coca Cola had purchased the property re_of:this_problem. He-.advised that the e road and is served by public utilities the requirements of the ordinances. He also been revised to meet the require - of the Planning Commission. iness was discussed briefly and Mr. Lowry employ thirty -five (35) people and there g one trip per day from this location. Mr. Stiles stated that the developer would continue to sell lots in this development thereby increasing the problem unless the Board does something to deter him. He stated that he felt the Board would be justified in turning down additional site plans until an additional access road is obtained. He further stated that he had no problems with this site plan and would like to see this business in the County but he felt the Board should notify Mr. Stine by registered mail that no additional site plans would be approved until adequate access is provided. Dr. Fish stated that he would like to draw the line at this point but he felt we owed some consideration to local industry. Mr. Koontz stated that there were other industries interested in this area and they would expect the same consideration and Mr. Stiles stated that he felt all othel property owners in the area should be notified of this action so that they would be informed of the situation. Mr. Malcolm stated that the only control the Board has over this situation is through approval or disapproval of site plans and he did not feel the next one wo ald be any easier for the Board to handle. He stated that he felt it wasl the Board had established a policy on this matter. 137 Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. i • Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve Site Plan No. 015 -79 of the Coca Cola Bottling Company to construct a bottling and storage plant on Brooke Road in the Stine Industrial Park in Stonewall Magisterial District with the stipulation that that portion of land from the 720 foot contour line to the rear line of the property be grass instead of treated; and, BE IT FURTHER RESOLVED, That the County Administrator be directed to advise Mr. I. Fred Stine, Jr., developer of Fort Collier Industrial Estates, by registered letter that no additional site plans in said development will be approved until such time as adequate access is provided. The above resolution was passed by the following recorded vote: • Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Kenneth Y. Stiles. Nay - S. Roger Koontz and R. Thomas Malcolm. JOINT MEETING CITY COUNCIL /BOARD OF SUPERVISORS/FREDERICK- WINCHESTER SERVICE AUTHORITY - UPDATE ON FACILITIES PLAN FC Mr. Jack Rattray of Alexander Potter Associates presented a hand- out outlining his presentation regarding the Frederick - Winchester Service Authority Facilities Plan Update. He then explained the outline section by section setting forth the accomplishments of the Frederick - Winchester Service Authority from its formation to the present date. Mr. Rattray advised that when the update is completed a recom- mendation will be made to both the governing bodies. Mr. Koontz thanked the members of the City Council for attending • the meeting and advised Mr. Rattray that both governing bodies would look forward to receiving their recommendations. PUBLIC HEARINGS: CUP - LORING R. NAIL - BACK CREEK DISTRICT - APPROVED Ms. Stefen stated that this request is set forth on the agenda s as a rezoning whereas it should be considered as a conditional use permit. The Board agreed with this correction. Ms. Stefen presented the request for conditional use permit of Loring R. Nail and stated that the Planning Commission recommended approval of same. There was no opposition. Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of 1 Frederick, Virginia, does herein approve the conditional use permit request of Loring R. Nail for the sale of lawnmowers from an existing building on his property located at the intersection if Route 50 West and Route 615 in the Back Creek Magisterial District with the condition that the property Mr. Nail lives:,o.n: - and -the _ .� the structure to be used for the home occupation be combined and recorded in the Clerk's office. The above resolution was Aye - S. Roger Koontz, Thomas Will L. Owings, R. Thomas Mal ZMAP #007 -79 - TH014AS BAK Ms. Stefen presented the and stated that the Planning was no opposition. Upon motion made by Kenn Malcolm, BE IT RESOLVED, That the Frederick, Virginia does here cation on third and final rea ZONING MAP AMENDMENT PET SHEILA BAKER, ROUTE 3, B REQUESTING THAT 3.889 AC INDUSTRIAL PARK NOW ZONE INDUSTRIAL- LIMITED (M -1) (M -1). THIS PROPERTY IS FICATION NO. 54 AND IS L DISTRICT. The above resolution was Aye - S. Roger Koontz, Thomas Will L. Owings, R. Thomas Malc sed by the following recorded vote: Rosenberger, Dr. Raymond L. Fish, and Kenneth Y. Stiles. - STONEWALL DISTRICT - APPROVED oning request of Thomas Baker, et ux ission recommended approval. There Y. Stiles and seconded by R. Thomas and of Supervisors of the County of approve the following rezoning appli- TION NO. 007 -79 OF THOMAS AND X 188, WINCHESTER, VIRGINIA, ES OFF ROUTE 7 IN ASH HOLLOW BUSINESS - GENERAL (B -2) AND BE REZONED INDUSTRIAL- LIMITED DESIGNATED AS PROPERTY IDENTI- CATED IN THE STONEWALL MAGISTERIAL passed by the following recorded vote: B. Rosenberger, Dr. Raymond L. Fish, olm, and Kenneth Y. Stiles. ZMAP #008 -79 - HARRY L. McCANN - The Chairman announced DISTRICT - WITHDRAWN t the rezoning request of Harry L. McCann had been withdrawn. CUP #010 -79 - DAVID B. GRIM - Ms. Stefen presented the David B. Grim and stated.that denial stating that they were development and approving a h that has not yet been built a. this application and that.thlre are several other businesses located DISTRICT - request for conditional use permit of the Planning Commission had recommended concerned about strip commercial highway )me occupation in an accessory building )d further this is not the use suggested in the Plan. Mr. Taz Shultz appeared ( before the Board representing Mr. Grim and stated that he wanted to build a building 26' x 36' for use as a dark room and protrait studlio by appointment only. He presented an aerial photograph of the p I roperty showing the existing building and the location of the new building and stated that it had been approved by all necessay agelcies. Mr. Shultz stated that Highway Department approval had been received subject to two conditions which Mr. Grim has agreed to abide by, (1) that there will be no customer parking on Route 11 and (2) there will be an area for not more than one (1) customer parking at time. Mr. Stiles stated that he could determine no local opposition to in this area. Mr. Shultz presented letters from the two adjoining property owners stating that they had no objection to Mr. Grim's proposed operation. Upon motion made by Kenneth Y. Stiles and seconded by Will L. 139 i • Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve Conditional Use Permit No. 010 -79 of David B. Grim to erect a building 26 feet by 33 feet on his property located on the west side of Route 11 in Stephenson in the Stonewall Magisterial District for a home occupation of commercial photography "on location" work by appointment only, said permit to be for a period of one (1) year with the stipulation that there will be no parking on Route 11 and there will be parking for only one (1) customer at a time and said permit shall be non - transferable. 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. Nay - Thomas B. Rosenberger. CUP # 011 -79 - ERVIN D. NATES, ET UX - SHAWNEE DISTRICT - APPROVED Ms. Stefen presented the request for conditional use permit of C mended approval of same. Ervin D. Nates, et ux and stated that the Planning Commission recom- Mr. Rosenberger advised that the Health Department would inspect the property should the Welfare Department request it Mr. Malcolm stated that the inspecting agencies will not inspect • • the premises until Board approval is obtained. He advised that Mr. and Mrs. Nates understand the position of the inspecting agencies and are aware that the permit will be held until all necessary inspections are made. Mr. Malcolm stated that this would be a baby sitting operation for not more than nine (9) children and there has been no opposition to this request. 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 approve Conditional Use Permit No. 011 -79 of Ervin D. and Margie I. Nates to operate a child care center for up to nine (9) children on their property located on the north side of Route 657 just west of Interstate 81 in the Shawnee Magis- terial District with the following stipulations: 1. The permit shall be for a one year period. 2. The permit shall be non - transferable. 3. There shall be no employees except family members. 4. The hours of operation shall be from 8:00 A.M. to 6:00 P.M. 5. There shall be no more than nine (9) children. 6. There shall be no parking on the highway right -of -way. 7. 'There shall be provided a fenced play area. 8. The permit shall become void if Inspections or Welfare cannot approve the use. The above resolution was passed by the following recorded vote: 1 Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. CUP #012 -79 - ALFRED HICKS, ET UX - OPEQUON DISTRICT - APPROVED Ms. Stefen presented the request of Alfred Hicks for a conditional use permit and stated that the Planning Commission recommended approval 140 of said request. Mr. Rosenberger stated th Mr. Hicks has recently moved that it is a one person opera was adaptable to the home occ t this is an existing operation and is business into the garage. He advised ion and the Planning Commission felt it ation requirements. There was no opposition. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit No. 012 -79 of Alfred and Annie Hicks to operate a garage for front end alignment and wheel balancing shop on their proprty located on Route 628 approximately 2100' north of the intersection of Route 629 East in the Opequon Magisterial District with the following stipula- tions: 1. The permit shall be for one (1) year. 2. The permit shall be non - transferable 3. There shall be no employees other than resident family members. 4. There shall be no outside storage. 5. Hours of operation shall be confined to daylight hours. The above resolution was Iassed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. CUP #013 -79 - REVEREND ALIEN BALTIMORE AND EDWARD BALTIMORE - The Chairman announced of Reverend Allen Baltimore AN ORDINANCE TO AMEND Upon motion made by Kenn Rosenberger and passed unani until the next regular meeti AN ORDINANCE TO AMEND TH ZONING, ADOPTED JULY 12, XII, AND XIII - A. t Conditional Use Permit No. 013 -79 d Edward Baltimore had been withdrawn. FREDERICK COUNTY CODE, 21 h Y. Stiles, seconded by Thomas B. usly, the following ordinance was tabled of the Board of Supervisors. FREDERICK COUNTY CODE, CHAPTER 21 978, TO AMEND ARTICLE XI, XII, SUBDIVISIONS Plat Revision - GlensidelSubdivision - 1 Dist Ms. Stefen presented the plat revision request of Glenside Subdivision and stated that the Planning Commission recommended approval of same. There was no opposition. 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 the plat revision of Glenside Subdivision to realign the drainage easement on Lots 5A and 7, said subdivision located in the Stonewall Magisterial District. 141 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Plat Revision - Jackson Woods Estates - Mr..Renalds stated.that this request for a lot line adjustment on Lot 34, Section 3, Jackson Woods Estates would enlarge the lot to provide additional side yard in order to meet the necessary require- ments. Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of u • Frederick, Virginia, does herein approve the plat revision for a lot line adjustment on Lot 34, Section Three of Jackson Woods Estates in Back Creek District in order to enlarge said lot to meet the required side yard requirements as set forth on the plat dated June 23, 1979 by J. R. Nicely, Land Surveyor. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Plat Revision — Greenwood Heights - Shawnee District - Approved Mr. Renalds presented the request for plat revision of Greenwood Heights Subdivision and stated that this would be a realignment of a drainage easement on Lots 78 and 80 in said subdivision. Upon motion made by R. Thomas Malcolm and seconded by Thomas B. 0 Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the plat revision to realign the drainage easement on Lots 78 and 80 in Greenwood Heights Subdivision in the Shawnee Magisterial District as set forth on the plat revision dated April 27, 1979 by Thomas A. Shockey, Land Surveyor. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Industrial Access Funds Request - Fort Collier Industrial Estates - Discussed Mr. I. Fred Stine appeared before the Board and stated that he r� L had been negotiating directly with a representative of the Hughes Estate to obtain access through Baker Lane to provide additional access to Fort Collier Industrial Estates; that he had discussed this with Mr. J. P. Darlington, another landowner in this area, and had contacted Mr. Baker .and presented to him several alternatives regarding an access roadway. He stated that if the Hughes Estate will not agree with his 1 proposal, Mr. Darlington would be agreeable to allow part of the road on his property but access to a portion of the Hughes property would still be necessary. Mr. Stine stated that he hoped this matter could be resolved within thirty days. 1 There was a discussion re the industrial park prior to Mr. Koontz advised Mr. Stine stating that no additional si until such time as a second a that he felt the Board was ll the lots where there is ac available; that in effect his property and thereby p County. Mr. Stiles stated that before another access road compounded and this inters Dr. Fish stated that at week occur at this location, problem was to hold things obtained. arding the sale of additional lots in btaining a second access to the park and hat the Board had passed a resolution e plans would be approved in this park cess road is available. Mr. Stine stated iting the development of the park especially to a road and water and'.sewer service is Board was restricting the marketability of nting new industry from coming into the more industry is located in this area obtained, the existing problem will be on cannot handle any additional traffic. e present time one to two accidents per d he felt the only solution to this they are until additional access is Mr. Stine stated that he realized an industrial park must have more than one access road and he is working on this problem. However, he requested the Board to riview each site plan as it is presented rather than issue the statement that no additional site plans would be approved until said road is available. Mr. Stiles stated that each additional site plan would make the problem worse and if some restrictions were not placed, the whole property could be developed one lot at a time. Mr. Stine stated that the matter may be resolved within the next thirty days and Mr. Koontz replied that should this be the case, the Board would be willing to discuss the matter with Mr. Stine again. Mr. Rosenberger stated that the Planning Commission had made a recommendation regarding this matter and he felt the Board should consider this recommendation at this time. Mr. Koontz explained thIt the first part of the recommendation stated that a second access road must be obtained before application for industrial access funds are submitted. Mr. Stiles stated that is to meet a stipulation t that the developer must pr field Avenue in a specifie lots for development. Upon motion made by Th L. Fish, BE IT RESOLVED, That t Frederick, Virginia does h Planning Commission that M Park (Fort Collier Industr access or right -of -way tha his request for industrial access funds t the Board put on the Dawson lot stating ide another access and cease using Smith - time; that it would not open any additional s B. Rosenberger and seconded by Dr. Raymond h e Board of Supervisors of the County of erein approve the recommendation of the I . I. Fred Stine, Jr. and Stine Industrial i al Estates) establish a second agreeable meets all reviewing agencies qualifications U n U • 1 • u 143- and specifications before the request State Access Fund Application is recommended for approval. The above resolution was made by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings and.R. Thomas Malcolm. Nay - Kenneth Y. Stiles. Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of months with the expressed concern made clear to Mr. Dawson to pursue correction before the end of the six (6) month period. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles. ROAD ADDITION - FREDERICKTOWNE SUBDIVISION, SECTION III - OPEQUON DISTRICT - APPROVED • 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 request the Virginia Department of Highways and Transportation to accept into the Secondary Road System, a section of Westmoreland Drive and Wythe Avenue, in Fredericktowne Subdivision, Section III, pursuant to the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended: The section of Westmoreland Drive from end of state maintenance :'07 miles east of Halifax Avenue to Wythe Avenue, a distance of'.02 miles. • u Wythe Avenue from Lot 69 (Westmoreland Avenue) to Lot 44 ' fl Westmoreland Avenue from Caroline Avenue to Essex Circle N BE IT FURTHER RESOLVED, That this Board does guarantee the Common- wealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage as recorded in Deed Book 443, Page 296, dated April 28, 1975. BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department • II of Highways and Transportation. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. OPEQUON COMMITTEE REPORT - STREAMS TO BE POSTED Mr. Stan Pangle, Public Works Director, presented a report from the Opequon Committee stating that it had been determined by the Health ' Department that Opequon and Abrams Creeks were not safe for swimming. He advised that the Committee therefore recommended that the streams be posted setting forth this fact. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, Frederick,, Virginia, does herein approve the Planning Commission • recommendation that temporary use of Smithfield Avenue for eighteen (18) months granted for Harris Intertype be extended for six (6) months with the expressed concern made clear to Mr. Dawson to pursue correction before the end of the six (6) month period. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles. ROAD ADDITION - FREDERICKTOWNE SUBDIVISION, SECTION III - OPEQUON DISTRICT - APPROVED • 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 request the Virginia Department of Highways and Transportation to accept into the Secondary Road System, a section of Westmoreland Drive and Wythe Avenue, in Fredericktowne Subdivision, Section III, pursuant to the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended: The section of Westmoreland Drive from end of state maintenance :'07 miles east of Halifax Avenue to Wythe Avenue, a distance of'.02 miles. • u Wythe Avenue from Lot 69 (Westmoreland Avenue) to Lot 44 ' fl Westmoreland Avenue from Caroline Avenue to Essex Circle N BE IT FURTHER RESOLVED, That this Board does guarantee the Common- wealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage as recorded in Deed Book 443, Page 296, dated April 28, 1975. BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department • II of Highways and Transportation. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. OPEQUON COMMITTEE REPORT - STREAMS TO BE POSTED Mr. Stan Pangle, Public Works Director, presented a report from the Opequon Committee stating that it had been determined by the Health ' Department that Opequon and Abrams Creeks were not safe for swimming. He advised that the Committee therefore recommended that the streams be posted setting forth this fact. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, 144 BE IT RESOLVED, That the Frederick, Virginia does of Supervisors of the County of n request the Frederick County Health Department to post the Opequdn and Abrams Creeks as being potentially hazardous to health as set forth in their letter of June 26, 1979 . in order to advise the public that swimming is hazardous, and people doing so would be swimming at their own risk. The above resolution wasipassed_by the following recorded vote: Aye - S. Roger Koontz, Thomas B.Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles. MONTHLY STAFF REPORT - ACCEPTED After review, the monthly staff report was accepted. ORDINANCE - FIRST AND SECOND READING Mr. Renalds read the following ordinance on first and second reading: ZONING MAP AMENDMENT PETITION NO. 009 -70 OF GEORGE L. MILLER, ROUTE 1, WINCHESTER, VIRGINIA, REQUESTING THAT .99 ACRES ON ROUTE 522 SOUTH NOW ZONED AGRICULTURAL- GENERAL BE REZONED BUSINESS - GENERAL (B -2). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 76(A)3A AND IS LOCATED IN SHAWNEE MAGISTERIAL DISTRICT PLAT REVISION - LOTS 343 AND 344 - LAKE HOLIDAY ESTATES Mr. Joseph Massie appeared before the Board and stated that the net effect of this requested plat revision would be that the lot line would come into the roadway ten (10) feet in exchange for an easement back to the property owners for continued use as a roadway; therefore, there would be no change from that for which the road was dedicated, but it would change the lot line to comply with the ordinance. There followed a brief discussion as to whether or not this would be considered a variance and whether or n( change. Ms. Stefen advised Appeals had stated that the right to make this change. )t the Board had the authority to make this that the attorney for the Board of Zoning Board of Zoning Appeals did not have the Mr. Renalds stated that when Lake Holiday was put to record, the County Board approved lot sized and roads stated that these are still private roads and any time a plat is changed it must be done by i the governing body; that there was no problem in granting an easement to meet set back lines. Mr. Stiles stated thatishould the Board approve this request they would be making a lotlsalable which is now unsalable due to the mistake of the contractor who built the house thereon. He Upon motion made by Dr.1 Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve a plat revision to Lots 343 and 344 of Lake Holiday Estates, Gainesboro District, to extend the lot lines ten (10) feet into the roadway in exchange for an easement back to the property owners for continuing use as a roadway in order to change the lot lines of requirements for same. said lots to comply with the ordinance • • • 1 • i 145 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, ' Will L. Owings, and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. OAK HILL SUBDIVISION - BACK CREEK DISTRICT - DENIED Mr. Rosenberger stated that the Planning Commission had considered this subdivision and recommended denial thereof. Mr. William Tisinger appeared before the Board representing Mr. and Mrs. Fred Strawson, the owners, and Mr. Thomas Glass, the option owner of the property. He presented a brief history of the property • describing the purchase and the rezoning of the property in 1973 at which time there was no opposition. He advised that Mr. Strawson had made clear his plans for development of the property; that he is now seeking subdivision approval after Section I has been approved, platted and sold and further that this land is set forth as R -1 in the Compre- hensive Plan. Mr. Tisinger stated that they have developed a plan ' which complies with the law which they feel is attractive and in accordance with good zoning practice. He described the surrounding • area and the requirements set forth in the deed of dedication. Mr. Tisinger explained the procedure which had been followed by the developers and stated that approvals have been granted by every agency set forth in the County ordinance. He compared the plan of this subdivision, as far as site distance from the entrance, to DavMar Village and Stonebrook. Mr. John Perry appeared before the Board and stated that he had been retained to do a drainage study on the property. He stated that in his calculations he looked at several conditions and other possible uses and the result was that approximately 1/2 inch of additional water • be development would contributed.under the worst conditions through the ' of this subdivision whereas if the property was tilled it would be increased by 308. Mr. Robert Mitchell appeared before the Board representing the parties in opposition to this subdivision and presented a list of people who were in attendance and are in opposition to said subdivision. He stated that the nature of the community surrounding this area is agricultural; that the property was rezoned in 1973 when many others • were approved and there was no opposition but notification to sur- rounding property owners of the intent to rezone the property was not required at that time. Mr. Mitchell advised that the land is surrounded by agricultural land used for agricultural purposes on. all three sides and that the land is currently in land use. He stated that a previous plat of this property was recorded for five acre lots and was recently vacated. ' Mr. Mitchell read the "Purposes" section set forth in the Subdivision Ordinance and stated that he felt this portion of the ordinance as well as Sections 18 -20, 18 -21, 18 -25 and 18 -47 145 146 provided grounds for denial of this subdivision. He urged the Board.to consider traffic in the area stating that this is a feeder road and traffic would be increased 20 %; that the opposition feels there is a safety factor and is concerned for the safety of the school children and the question of a fire hazard. He stated that the opposition was also concerned about sewers and drain - fields in this area inasmuch as this is a natural water course. Mr. Mitchell advised that all adjoining property owners were opposed to this subdivision. Mr. Mitchell introduced Mr. Stanley Bauserman who stated that he had lived in this area all his life and should this subdivision be approved, it would double the density of the area and a great deal of raw sewage would be discharged which could cause a problem with the water supply. He added that the development would require a great deal of water and there has been no study on what this will do to the water table in this area. Mr. Bauserman presented a drawing setting forth the drainage of the property. Mr. Rich Beatty appeared before the Board and stated that he had lived in this subdivision and has experienced very severe erosion problems. He added that when 1:3 acre lots are cleared for a house there is very little vegetation left which causes severe erosion problems. Mr. Jim Huey appeared before the Board and stated that he felt prospective buyers of property in this development should be made aware that livestock borders the area on three sides. Mr. Rosenberger stated that he felt the Board had four very definite reasons for denying this subdivision request and he cited the following reasons: (1) the need for a traffic study on Route 631 for safety; (2) introduction of the Zoning Ordinance refers to this area as rural; (3) this subdivision is in direct conflict with the Land Use Plan; and (4) Section 18 -20.of the Frederick County Code entitled Land Must Be Suitable. He then moved to deny the request based upon the above reasons and requested that Code Section 18 -20 be included in full in his motion for denial. Mr. Owings stated that although this subdivision is not in his magisterial district, it does border the Opequon District and several of his constituents are concerned about it. He then seconded the motion. Mr. Stiles stated that he had checked with the Commissioner of Revenue's Office and this land has been in land use since the inception of the Land Use Tax Ordinance and has been taxed as agricultural land. He advised that he too felt many of the problems should have begin addressed at the time of rezoning but were not even though he felt they were valid concerns. Mr. Stiles stated • • 1 • .147 that he felt the Planning Commission statement that 1973 was a banner year for rezonings was totally irrelevant to the matter. He also stated that he was very leery of telling a man what he could or could not do with his land and that he was approaching this matter from the standpoint that it must be positively shown that what the man wants to do with his land will damage the area around him and he felt this has been shown in this case. Upon motion made by Thomas B. Rosenberger and seconded by • J • Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the request of Mr. Fred Strawson, et ux et al, to approve the plat of the Oak Hill Sub- division, containing 26 lots in Back Creek Magisterial District for the following reasons: (1) The need of a traffic study on Route 631 for safety (2) The introduction.of the Zoning Ordinance refers to this area as rural (3) This subdivision is in direct conflict with our Land Use Plan (4) Section 18 -20 of the Frederick Code which reads: Land must be suitable - The administrator shall not approve the subdivision of land if from adequate investigations conducted by all agencies concerned, it has been determined that in the best interest of the public the site is not suitable for platting and development purposes of the kind proposed. The above resolution was passed by the following recorded vote: of a Regional Library Board until the next meeting. DRAFT CONTRACT - REGIONAL LIBRARY BOARD - TABLED The Board tabled the draft contract regarding the establishment \J BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Thomas B. Rosenberger, seconded by Dr. BOARD WITHDRAWS FROM EXECUTIVE SESSION • Upon motion made by R. Thomas Malcolm, seconded by Will L. Owings, and passed unanimously, the Board withdrew from executive session. Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Raymond L. Fish 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 INTO REGULAR SESSION Upon motion made by R. Thomas Malcolm, seconded by Will L. Owings and passed unanimously, the Board reconvened into Regular Session. MR. JOHN R. RILEY, JR. EMPLOYED AS PLANNING DIRECTOR Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, 4> BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the employment of Mr. John ME R. Riley, Jr., as Planning Director for Frederick County at a salary of $16,692 with all benefits of a Department Director for Frederick County and moving expenses of $500. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. FINANCE COMMITTEE RECOMMENDATIONS: Mr. Rosenberger presented the finance committee recommendations and the following action was taken. Forward Funds - Fiscal Year 1978 -1979 to Fiscal Year 1979- Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following unexpended appropriations remaining within the 1978 -1979 General Operating Fund to be carried forward for use within the 1979 -1980 General Operating Fund budget: 01- 01FO -214A 01- 01GO -120A 02- 02AO -405A 02- 02BO -11OD 02- 02BO -403A 10- 1OBO -312A 10- 10EO -326A 10- 1OGO -226A 10- 1OHO -902B 10- 1OJO -290A 14- 14AO -207A 14- 14AO -215B 14- 14AO -218A 14- 14AO -223A 14- 14AO -306A 14- 14AO -311A 14- 14AO -603A 18- 18EO -600A 18- 18F5 -499A 18- 18F6 -601A 18- 18F6 -601B 18- 18F8 -601A Rent -Lease of Equipment $ Extra Help /Overtime Office Equipment Extra Help /Overtime DP Furniture and Fixtures Motor Fuels and Lubricants Census, Surveys and Reports Contracted Services Clearbrook Water System Contracted Maintenance Service Electric Current Repair & Replacement - Buildings & Grounds Communications Water and Sewer Service Cleaning Materials and Supplies Fuel Alterations to Old Buildings Purchase of Land Site Development Improvement to Sites (COR) Softball Lights Improvement to Sites _ SUB TOTAL Title II Funds (Counter Cyclical) 1,000.00 1,000.00 900.00 600.00 1,000.00 1,633.00 1,000.00 12,246.00 25,000.00 3,286.00 1,000.00 3,000.00 250.00 500.00 1,000.00 1,000.00 25,115.00 7,500.00 12,614.50 195,215.04 22,320.60 16,644.00 $ 333,854.14 06- 06AO -399A Flares, Photo, etc. $ 312.63 06 -06AO -499A Misc. Equipment 949.00 10- 10AO -120A Extra Help /Overtime 19.55 10- 10AO -405A Office Equipment 29.16 10- 10AO -499B Surveying Equipment 150.00 11- 11AO -403A Furniture and Fixtures 150.00 12 -12AO -499A Misc. Equipment'. 790.00 18 -18F1 -499A Misc. Equipment 1,412.25 TOTAL $ 337,666.73 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. GRANTS - - (ALCOHOL AND HIGHWAY Mr. Rick Miller, Director of the Division of Court Services appeared before the Board and introduced Mr. Vince Burgess, VASAP Administrator. Mr. Miller explained the request for grants stating that the first in the amount of $88,783 would be a continuation and revision grant; • • • 149, • • that under this grant the ASAP field office presently operational in Luray will be continued, and an additional office opened in Leesburg. He stated that the grant would enable persons to be locally serviced rather than commuting into Winchester. Mr. Miller advised that no local monies would be involved and the full budget would be met with federal funds and client fees. He stated that Frederick County would be compensated for its grant handling to a maximum of $9,371 and that the local share shown is a soft match made up of judge's salaries from the districts covered. Mr. Miller stated that the second grant in the amount of $95,613 would be a continuation for special weekend patrols with primary emphasis on drunk driving and that the grant will continue to pay for the overtime costs of local police and the attendant fringe benefits costs. He explained that patrols would be established solely by the local department. Mr. Rosenberger stated that the Finance Committee recommended approval of the two grants with the deletion of the additional office in Leesburg. Mr. Miller explained the services to be rendered from the Leesburg office stating that many clients from that area are now being served in our ASAP program and this office would make the operation much more efficient and would reduce the travel for participants. Mr. Stiles stated that he felt these grant requests should be • considered by the ASAP Advisory Committee prior to action by the Board of Supervisors. He further stated that he felt the Board of Supervisors should meet with the Advisory Committee to discuss the program. Mr. Malcolm stated that he could not see what would be accomplished by such a meeting insofar as the Advisory Committee has already consid- ered and endorsed these grants and recommends approval of them by the Board.of Supervisors. Dr. Fish asked if it was urgent that the Board act on this tonight • and Mr. Burgess stated that the sooner the grants are submitted the better the chance for funding. Mr. Stiles stated that there have been some very serious questions raised about the ASAP program and its effectiveness by professional people who deal with alcoholism. Mr. Malcolm stated that any questions brought to the attention of the Advisory Committee had been dealt with and if there were other questions, they should be brought to the atten- tion of the Committee for consideration. Mr. Stiles then moved to table the ASAP grant requests until the VI Board of Supervisors could meet with the Advisory Committee at the next meeting of the Board. This motion was seconded by Dr. Raymond L. 150 Fish and denied by the following recorded vote: Aye - Kenneth Y. Stiles, Dr. Raymond L. Fish and S. Roger Koontz. Nay- Will L. Owings, Thomas B. Rosenberger and R. Thomas Malcolm. Mr. Malcolm moved to amend the Finance Committee recommendation to include the Leesburg office in the grant application. This motion was seconded by Will L. Owings and passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, and R. Thomas Malcolm. Nay - Dr. Raymond L. Fish and Kenneth Y. Stiles. Division of Court Services Grant #AL79- 069 -08 -1 (Alcohol and vt.- L........ n,G., i..1 Coo ',O'] - T............A 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 application for continuation of Grant #AL79- 069 -68-1 of the Division of Court Services in the amount of $88,783 (Alcohol and Highway Safety) to continue the ASAP field office presently operational in Luray and an additional office to be opened in Leesburg. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, and R. Thomas Malcolm. Nay - Kenneth Y. Stiles, and Dr. Raymond L. Fish. Division of Court Services Grant #PT -79- 069 -035 -1 (315 Selective Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the application for continu- ation of Grant #PT -79- 069 -035 -1 (315 Selective Enforcement) in the amount of $95,613 to continue the special weekend patrols with primary emphasis on drunk driving. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles. $700 TRANSFER FROM RESERVE FOR CONTINGENCIES FOR AIR CON- DITIONING FOR PRISONER TRANSPORT VAN - APPROVED Upon motion made by Thomas B. Rosenberger 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 transfer from Reserve for contingencies in the amount of $700 for the purchase and installation of an air conditioning unit in the prisoner transport van operated by the Frederick County Sheriff's Department. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. CARRY FORWARD FUNDS - FISCAL YEAR 1978 -79 TO FISCAL YEAR 1979-80 - APTDPOWVT) 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 • • TOTAL 90.00 806:00 204.00 960.00 85.00 1,800.00 250.00 88.00 10,757.001 6,719.00 $21,551. The above resolution was passed by the following recorded vote: of Frederick, Virginia, does herein approve the following appropria- tions remaining within the 1978 -79 General Operating Fund to be carried forward for use within the 1979 -1980 General Operating Fund budget: O1- OlAO -405A Office Equipment $ 01- 01DO -319A Office Supplies 06- 06AO -215A Repair & Replace - Radio, Radar, etc. 02- 02AO -120A Extra Help /Overtime 18- 18GO -399A Emergency Supplies 10- 18F1 -120A Extra Help /Overtime 10- 10AO -215D Repair & Replacement - Radio 10- 10AO -221A Schools and Training 14- 14AO -603A Alterations to Old Buildings 18- 18F1 -llOG Supervisor of Sports & Athletics 18- 18F1 -11OH Supervisors or Recreation Programming Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. DOG PROBLEM REFERRED TO COMMITTEE ON LAW ENFORCEMENT AND COURTS Mr. Malcolm presented a letter regarding a dog problem and re- 0 quested that it be referred to the Committee on Law Enforcement and Courts for consideration. Mr. Stiles advised that this letter is now before the Committee. RESOLUTION TO EXPAND MEMBERSHIP OF SCHOOL BOARD - TABLED D"r. Fish presented a resolution wherein the school board would be expanded from five to seven members by the addition of two members from the county at large. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles • and passed unanimously, the Board tabled the proposal to expand the school board to seven members by the addition of two members from the county at large. UPON'MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. i rj Bohrd c7f e r v�� S' W" ecreta y, and of Supervisors 1 11