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August 22, 1979152 A Regular Meeting of the Frederick County Board of Supervisors was held on August 22, 1979, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. INVOCATION The invocation was delivered by Reverend Edgar Harrison of the Round Hill Methodist Church. The Chairman called the meeting to order. APPROVAL OF MINUTES 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 minutes of the Regular Meetings of the Board held on June 20, 1979 and July 11, 1979, as sub- mitted. 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. RESOLUTION RE: 4 ABAN 'INDED - NEN Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles and passed unanimously, the previous resolution set forth in the minutes of the June 20, 1979 Board meeting regarding the abandon- ment of Route 804 was rescinded. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, WHEREAS, It appearing to the Board that Route 804 from Route 655 to 08 miles south, a total distance of .08 miles serves no public necessity and is no longer necessary for the uses of the Secondary Road System of State Highways; and, WHEREAS, Notice has been posted and published of the Board's intention to abandon said road, pursuant to Section 33.1 -151 of the 1950 Code of Virginia as amended and no opposition has been presented regarding said action; NOW THEREFORE 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 approve the abandonment of said road. 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. PREVIOUS RESOLUTION RE: RESOLUTION ADOPTED Upon motion made by Dr. n Raymond L. Fish, seconded by Kenneth Y. Stiles, and passed unanimously, the Board rescinded the previous resolution set forth in the June 20, 1979 minutes regarding the abandonment of Route 805. 153 Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, WHEREAS, It appears to the Board that Secondary Route 805 from .059 miles east of Route 681 to .063 miles east of Route 681, serves no public necessity and is no longer necessary for use in the Secondary System of State Highways; NOW THEREFORE BE IT RESOLVED, That the Clerk of the Board be directed to post and publish notice of the Board's intention to abandon the aforesaid Route 805, pursuant to Section 33.1 -151 of the 1950 Code of Virginia, as • amended. 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. HELEN W. LOCKE, DATA PROCESSING DIRECTOR AND CARROLL R. BROWN, INSPECTIONS DIRECTOR RECOGNIZED FOR NACO AWARDS The Chairman recognized Mrs. Helen W. Locke, Data Processing Director ' and Mr. Carroll R. Brown, Inspections Director for being selected for the NACO awards. He stated that he was very proud of their achievement and; • the recognition it had gained for Frederick County. PRESENTATION MANAGEMENT IMPROVEMENT CORPORATION OF AMERICA Mr. Daivd Norman Director of Govermental Services of Management Corpor- ation of America appeared before the Board and presented a brief presentation of the proposal submitted by his firm to provide services in improved manage- ment to the County. Mr. Norman presented a brief background of his firm and enumerated several of their clients. He then explained the program and the benefits the County could derive from it. There followed a brief discussion regarding the fee for the services W. French Kirk. The Board of Supervisors and the Planning Commission held joint public hearings on the following ordinance amendments and zoning map amendment petition and the following action was taken. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING ' ADOPTED JULY 12, 1978, TO AMEND SECTIONS 21 -1, 21 -15 (1), 21 -16 (v) (7), 21 -26 (1), 21 -26 (x) (19); 21 -36 (1), 21 -36 (m), 21 -44 (c), 21 -44 (1), 21 -52 (i), 21 -52 (p) - THIRD AND F INAL READING - APPROVE and the method of selection of areas to be studied. • 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 table the of Management Improvement Corporatior proposal of America until the next meeting of the Board. 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. JOINT PUBLIC HEARINGS . Present - Planning Commission: C. Langdon Gordon, Chairman; Frank Brumback, vice Chairman; Elmer Venskoske; Manuel DeHaven; James Golladay; and W. French Kirk. The Board of Supervisors and the Planning Commission held joint public hearings on the following ordinance amendments and zoning map amendment petition and the following action was taken. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING ' ADOPTED JULY 12, 1978, TO AMEND SECTIONS 21 -1, 21 -15 (1), 21 -16 (v) (7), 21 -26 (1), 21 -26 (x) (19); 21 -36 (1), 21 -36 (m), 21 -44 (c), 21 -44 (1), 21 -52 (i), 21 -52 (p) - THIRD AND F INAL READING - APPROVE 154 Mr. Lang Gordon stated that the Planning Commission felt the zoning ordinance needed some clarification regarding home occupations and after much study recommended the proposed change. He explained that the change would provide that home occupations be limited to residences or an existing build- ing on the premises but would not permit the construction of a new structure. There followed a brief discussion regarding what options an applicant might have should he have to operate under this policy and did not have a structure on his property. Mr. Gordon advised that they would have the option of applying for rezoning however the Planning Commission usually did not look favorably upon spot zoning. Mr. Brumback advised that the Planning Commission felt this was a middle -of- the -road policy which would protect both the County and the applicant. Mr. Stiles stated that he felt the policy as written might create a hardship on citizens who wish to have a home occupation but do not have an existing building. He further stated that the Board and Planning Commission have the authority to reject conditional use permit applications and revoke them if there are objections from the neighbors. Mr. Sam Lehman stated that he felt this policy should only be applicable in residential zones and not in rural areas. Dr. Fish stated that he was basically concerned about any ordinance which tells a citizen what he can or cannot do in his own home but he would agree with the intent of the Planning Commission and had no better suggestion to offer at this time. Mr. Malcolm stated that a person could build an accessory building, wait six months then apply for a conditional use permit for a home occupation there- by circumventing the ordinance and Mr. Koontz replied that good faith must enter into the matter but he felt this ordinance made it very clear to the people what the guidelines are. Upon motion made by Frank Brumback, seconded by W. French Kirk, and passed unanimously, the Planning Commission recommended approval of the proposed ordinance amendment as submitted. 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 following ordinance on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING ADOPTED JULY 12, 1978, TO AMEND SECTIONS 21 -1, 21 -15 (1), 21 -16 (v) (7), 21 -26 (1), 21 -26 (x) (19), 21 -36 (1), 21 -36 (m), 21 -44 (c), 21 -44 (1), 21 -52 (i), 21 -52 (p). An ordinance to amend the Frederick County Code, Chapter 21, zoning, adopted July 12, 1978, to amend Sec. 21 -1; delete Home Occupation Accessory Stucture, amend Sec. 21- 16(L), delete Sec. 21- 16(x)(7), amend Sec. 21- 26(L), delete Sec. 21- 26(x)(19), amend Sec. 21 -35; amend Sec. 21- 36(L), delete Sec. 21 -36 (m), amend Sec. 21 -43, amend Sec. 21- 44(c), delete Sec. 21- 44(L), amend Sec. 21 -52(i) delete Sec. 21- 52(p). This ordinance shall be in full force and effect upon adoption by the Board of Supervisors of Frederick County, Virginia. Section 21 -1 • I • • • 155 r- I L • Home Occupation - Agricultural Any occupation or business use conducted entirely within a dwelling house, by members of the family residing on the premises, and is clearly incidental and secondary to the residential use of the building excluding antique shops, boarding or rooming houses, commercial, repair or storage-of automobiles, or other motor vehicles, or restaurants. Home Occupation - Residential An occupation carried on within a dwelling house by the occupant of the dwelling, as an incidental secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises such as professional offices (e.g. medical, dental, legal, engineering and architectural) con- ducted within a dwelling house by the occupant. Section 21- 16(L)- Home Occupation - Agricultural as defined, only with a conditional use permit. Section 21- 16(v)(7) - Home occupations- accessory structure: delete. Section 21 -26(L) - Home Occupation - Agricultural as defined, only with a conditional use permit. Section 21- 26(x) (19) - Home occupation- accessory structure: delete. Section 21 -35 - Home occupations are permitted with a conditional use permit. Section 21 -36(L) - Home Occupation - Residential as defined, only with a conditional use permit. Section 21 -36(m) - Home occupation- accessory structure: delete. Section 21 -43 - Home occupations are permitted with a conditional use permit. Section 21 -44(c) - Home Occupation - Residential as defined, only with a conditional use permit. Section 21 -44(L) - Home occupations- accessory structure: delete. Section 21 -52(i) - Home Occupation - Residential as defined, only with a conditional use permit. Section 21 -52(p) - Home occupations- accessory structure: delete. 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 Stiles. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE,_CHAPTER 21, ZONING,'. ADOPTED JULY 12, 1978, TO AMEND SECTION 21 -16V (5) AND SECTION 21 -26X 11A) rPPTRTI ANTI FTTJAT. PPAT)TNr - AT)DW) PT) Mr. Gordon stated that the proposed ordinance amendment 'regarding • campgrounds was being offered as a simplification of the definition of campgrounds in the A -1 and A -2 zoning districts to provide unified terminology Dr. Fish stated that he felt it should be defined as to what is a permanent mobile home park and what is temporary. He further stated that he did not understand why the reference to outdoor recreation was allowed and mechanical amusements excluded. Mr. Koontz stated that the definition of a permanent mobile home park • is set forth in another ordinance and Dr. Fish requested that the words "as defined by County Code Section 21 -1" be added to define a permanent mobile home park. The Board concurred with this change. Mr. Stiles stated that the limitation on mechanical amusement devices would prevent it from becoming a carnival site. He added that this amendment clarifies the Code. Mr. Malcolm asked if this amendment would in any way affect the discretion of the Board to approve or disapprove conditional use permits and Mr. Gordon stated that it would not. Mr. Will Stivers appeared before the Board and stated that he was a 1 resident of Merriman's Estates and his property adjoins land which is zoned A -2; that he was concerned about what might'be located in the A -2 zone inas- much as it abuts his property. He asked who had introduced the ordinance amendment, the Board, the Planning Commission or a petition by a citizen and Mr. Gordon stated that it was a result of a court ruling because the meaning of campgrounds had not been clearly spelled out and this amendment would clarify that definition. 156 Mr. Stivers asked if there had been a proper motion by the Planning Commission to amend this ordinance and Mr. Brumback replied that that was the purpose of this public hearing. Mr. Stivers asked if there had been a petition from a property owner or his representative and Mr. Gordon stated that to his knowledge there had not been such a petition; that this was an upgrading of the ordinance and would apply to the entire County. Mr. Koontz explained that this came about as a request of the Planning Commission and the Board of Supervisors for clarification and it was not a request of an individual citizen or his representative. Mr. Stivers asked if this amendment was to make the language uniform in A -1 and A -2 districts and Mr. Gordon replied that the intent was to have it apply to agricultural zones County wide. Mr. Stivers stated that he felt the language proposed in the amendment was more ambiguous than that already contained in the ordinance. He stated that he was concerned about the definition of tourist camps, travel trailers, and permanent mobile home parks as set forth in the State and County Codes. Mr. Stivers stated that he could find no definition for a camping resort nor for recreational facilities or mechanical amusement devices. He added that if you can not define the ordinance, you cannot enforce it and therefore what good is it. Mr. Stivers stated that he felt this would not be an amend- ment to the ordinance but a change detrimental to the people. He stated that the citizens of the County are entitled to clear, concise ordinances and standards so that they might understand their effect. He added that we are in a very great water producing area and this must be protected; that to date no study has been made on the water supply in this area. Mr. Stivers stated that in the ordinance there is a lack of definition for many things and he felt the whole thing needed a good cleaning up. He therefore requested that this matter be tabled for the reasons cited above. • C • Mr. John Gowdy appeared before the Board and stated that he could not understand why the Board intended to be different about anyone hurting his word change would increa He added that he did not ment thrown out. would want to make A -1 and A -2 in the first place. He stated personal interest and he could se the Board's effectiveness to like it, he did not want it, a the same if they were that he felt strongly not see where this protect his rights. id he wanted the amend- Mr. Stiles advised that in many categories the same permitted uses are allowed. Mr. Gary Gray appeared before the Board and stated that according to campers he had talked to the campground was an absolute eyesore and he did not like this sort of thing in his back yard. He stated that he too felt the language was ambiguous and he did not understand how the same language could be used in two different zoning categories. Mr. Gray stated that Mr. Poe is now operating in violation of his conditional use permit inasmuch as he has finished his swimming pool and is charging admission and is also operating a country store. • 157 He requested that this matter be returned to the Planning Commission for reworking so that citizens could have some guarantees. Mr. Mark Stivers appeared before the Board and requested 5 minutes speaking time and 10 minutes rebuttal period. Mr. Malcolm stated that he did not want to prohibit anyone from speaking but he felt the Board should follow their established procedure. Mr. Stiles stated that he felt any citizen who wanted to appear before the Board should be heard and he did not believe the Board's procedure was • to impose a time limit for a presentation; that he was not aware of a time limit for pros and cons. There followed.a brief discussion regarding the procedure of the Board to hear.individuals speaking on an issue and Mr. Koontz stated that this had not been established as a permanent rule. A majority of the Board agreed to hear Mr. Stivers presentation but not to permit a rebuttal period. Mr. Stivers stated that his concern was whether the language of the ordinance could be enforced. He then asked Mr. Ambrogi for a definition • of a mechanical amusement device and Mr. Ambrogi replied that this would be a matter of opinion. Mr. Stivers then asked Mr. Ambrogi if he would consider a T. V. or stereo to be a mechanical amusement device and Mr. Ambrogi added that when the Board grants a conditional use permit they can put restrictions on it which would prohibit such things as motor cycles, mini bikes, etc. Mr. Stivers stated that his concern was that the Board of Supervisors would have to anticipate, each time they grant a conditional use permit, which devices would be permitted and which would be excluded as mechanical amusement devices. • Mr. Stiles stated that the solution to this problem was that conditional use permits are.approved on a year to year basis and should a problem develop, the Board can place restrictions on the permit when it comes up for renewal. Mr. Stivers stated that the citizens were entitled to a better answer than that; that problems should be dealt with before they develop. He stated that he felt the language was ambiguous and that the citizens did not understand what the intent of the Board was in proposing this amendment. Mr. Stivers added that the citizens are entitled to definitions and language which can be reasonably interpreted. He stated that he felt he was entitled • 1 to a.clarification of what this language means. He advised that he was only trying to anticipate.problems which may arise in order to save a lot of people a lot of time and money. Mr. Malcolm stated that the proposal is to change phrases so there will be consistency in A -1 and A -2 and if we do not change it it will remain Tourist Campground in A -1 and Family Campground in A -2. Mr. Stivers suggested that the wording be reworked tonight and that the citizens should then be allowed to review the proposal and get some clarifica- tion. Mr. Golladay stated that the Planning Commission works in public session on many things and these sessions are advertised so that the public might appear to present their views and input before a final recommendation is 158 made. Mr. Stiles stated that the intent of this ordinance was to establish clearly defined limits for campgrounds in agricultural districts in the County. Mr. James Finan appeared before the Board and stated that due to all the argument taking place over this proposed amendment, he felt the Board should not take action tonight but should consider and weight all the infor- mation presented before making a decision. Mr. Eugene Gunter appeared before the Board and stated that this action would not change the definition of a campground but would bring the two categories together. He asked why all these complaints had not been lodged before when the definition is essentially the same. Mr. Gunter stated that this proposed amendment came about as a result of a court decision and not at the request of Mr. Poe or anyone else. He stated that the court is the judicial body who decides what the definition is. Mr. Gunter stated that he did not feel the language was ambigous. Mr. Gordon stated that the Planning Commission had spent many long hours working on this matter and they felt the proposed amendment was in the best interest of the County and would be beneficial for everyone. Upon motion made by Manuel DeHaven, seconded by Elmer Venskoske and passed) unanimously, the Planning Commission recommended the proposed amendment for approval to the Board of Supervisors. Mr. Stiles asked Mr. Ambrogi if the list of permitted uses and excluded uses ought to be individually defined as a matter of law and Mr. Ambrogi replied that as a matter of law this would be at the discretion of the Board. Dr. Fish then moved to amend the ordinance by adding the words "as definedl by County Code Section 21.1" after the words "permanent mobile home park" This motion was seconded by Thomas B. Rosenberger , BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following zoning ordinance amendment on third) and final reading as amended: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978, TO AMEND SECTION 21- 16V(5) AND SECTION 21- 26X(14) TO READ: Campgtaiuldst , :.rTaurist,jcamps, family campgrounds, travel trailer camps, camping resorts, recreation areas on which three or more campsites are occupied or seasonal facilities maintained directly related to outdoor recreation, such as: Camping, lodging, picnicking, boating, fishing, swimming, outdoor games and sports but not including mechanical amuse- ment devices or permanent mobile home parks, as defined by County Code Section 21.1. This ordinance shall be in full force and effect upon adoption by the Board of Supervisors of Frederick County, Virginia. 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. RECESS The board recessed for fifteen minutes. REGIONAL LIBRARY CONTRACT - APPROVED Dr. Forrest Racey appeared before the Board and explained the provisions of the proposed Regional Library Contract stating that the County would participate in the amount of $49,300 this year and $52,000 next year. • • • • Renewal of the contract and board membership was discussed and Dr. 159, Racey advised that the contract would be renewed annually and board membership consisted of nine individuals and was based on financial ' support and other factors. Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the Regional Library Contract as follows: A G R E E M E N T • WHEREAS, the Common Council of the City of Winchester, Virginia, has authorized preparation of a contract for the establishment of a regional library embracing the City of Winchester, Virginia and the County of Frederick, Virginia and WHEREAS, the Board of Supervisors of Frederick County, Virginia has authorized the establishment of a regional library embracing the County of Frederick, Virginia and the City of Winchester, Virginia • NOW, THEREFORE, this 30th day of August 1979 by and between the City of Winchester, Virginia and the County of Frederick, Virginia: WITNESSETH That for and in consideration of mutual promises and agreements hereafter set forth the City of Winchester, Virginia and the County of Frederick contract between and among themselves as follows: 1. The regional public library herein established shall be be known as The Handley %ibrary w tItdts. principal 'o €£lice ii.thE:_. Handley Library Building, Winchester, Virginia. 2. Ownership of the Handley building in Winchester, Virginia and • its contents shall continue to be vested in the Handley Board of Trustees. The Handley Board of Trustees shall continue payments (regular, Sullivan, salary, and such other money as is entrusted to them for payment) to the Handley Library Board and such payments shall be credited to the City of Winchester. 3. The Treasurer of the Handley Board of Trustees who also functions as Treasurer of the Handley Library, and who has received part of her /his salary from the Handley Board of Trustees and part from the City of Winchester shall continue to serve as treasurer • of the herein established regional library. 4. The full -time Handley Library staff is paid directly from the City of Winchester treasury. Such personnel shall continue to be paid by the City of Winchester and shall continue to obtain such fringe benefits as are common to the City of Winchester employees. The amount of salary and fringe benefits paid to such personnel shall be credited to the City of Winchester as a part of their support of the regional library. 1 Me 4, 5. The regional public library herein established shall operate as a regional library as provided in Chapter 2, Title 42.1 -34 and 42.1 -37 Code of Virginia (1950), as amended. established shall be vested in the Handley Library Board created and appointed pursuant to Chapter 2, Title 42.1 -38 Code of Virginia (1950), as amended. The board shall consist of nine members with six of the members appointed by the Common Council of the City of Winchester and three appointed by the Board of Supervisors of Frederick County. 6. The management and control of the regional library herein 7. The Handley Library Board (regional) shall operate according to the laws governing regional library boards generally Title 42.1 -39 and Title 41.1 -40 Code of Virginia (1950), as amended. 8. The Handley Library Board (regional) shall provide and regulate services to the residents of the City of Winchester and the County of Frederick as shall be determined by the Board. 9. At least once each year as may be requested by the City of Winchester or the County of Frederick the Handley Library Board (regional) shall make a full report showing the progress of the library's facilities and usage, the state of its physical assests, its collections and the plans of the Board for the future. There shall also be submitted a properly audited financial report showing receipts from all sources and all disbursements, and a projected budget for the coming year. 10. The operational costs of the regional library shall be assessed to each political subdivision at the beginning of each fiscal year, but no party to this agreement shall pay less than the amount required by the State of Virginia for minimum library support from the state. 11. The participating political subdivisions to this agreement, the City of Winchester and the County of Frederick, shall meet all of the operational expenses of the regional library herein established but the direct payment from the County of Frederick shall be $49,350.00 for the fiscal period 1979 -80. The direct payment from the City of Winchester shall not exceed $107,187.00 for the fiscal period 1979 -80. 12. Each party to this agreement shall remit to the Treasurer of the regional library operational funds as stipulated in section 42.1 -41 or as previously stated in this agreement or.as shall be agreed upon. 13. In the event that either or any of the participating parties to this agreement determine to dissolve this agreement it shall be as provided by law, but any property such as books, magazines, cassettes, or other library materials shall remain the property of The Handley Library. Witness the following signatures and seals duly authorized by the respective governing bodies of the City of Winchester on the 14th day of Au9u - st , 1979 and of the County of Frederick on the 22nd day of August 1979, affixed upon duplicate copies hereof: CITY OF WINCHESTER By: Icl Wendell L. Seldon Wendell L. Seldon City Manager ATTEST: 'q/ Patricia Ashby Patricia B. Ashby Clerk of Council 11 • • r I* 161 BOARD OF SUPERVISORS FOR FREDERICK COUNTY By: Roger Koontz S. Roger Koontz Chairman ATTEST: �� /J. O. Renalls,,III J. O. Renalds, III County Administrator Reviewed and approved this 7th day of September 1979. HANDLEY LIBRARY BOARD By: Charles H. Dick • Charles H. Dick Chairman ATTEST: I cl Meredith W. Green Mi� redith W. Green Secretary 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. PUBLIC HEARINGS RESUMED • AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING ADOPTED JULY 12, 1978 TO AMEND ARTICLE V, SECTION 21- 37(b), SECTION 21- 37(c), SECTION 21 -39, ARTICLE VI, SECTION 21- 45(b), SECTION 21 -45 (c), SECTION 21 -47, ARTICLE VIII, SECTION 21- 53(b), SECTION 21 -53(c) THIRD AND FINAL READING - APPROVED Mr. Lang Gordon stated that this proposed amendment was an upgrading of the ordinance regarding square footage requirements. There was no opposition. Upon motion made by Frank Brumback, seconded by W. French Kirk and passed unanimously, the Planning Commission recommended approval of the proposed amendment as submitted. Dr. Fish asked why the footage is measured at the setback line and • suggested that perhaps it should be worded that the minimum lot width at the setback line shall be equal to not less than 1/3 the depth. Mr. Renalds stated that this proposed amendment would permit more latitude.on lots on cul -de -sacs and similar situations. 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 on third and final reading the following zoning ordinance amendment: • AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING ADOPTED JULY 12, 1978, TO AMEND ARTICLE V, SECTION 21- 37(b), SECTION 21- 37(c), SECTION 21 -39, ARTICLE VI, SECTION 21- 45(b), SECTION 21 -45 (c), SECTION 21 -47, ARTICLE VIII, SECTION 21- 53(b), SECTION 21 -53(c) TO READ: Article V. Sec. 21 -37, (b). For lots containing or intended to contain a single permitted use served by individual water and /or sewage disposal systems, the minimum lot area shall be one hundered thousand square feet. Sec. 21 -37, (c). delete. Sec. 21 -39. The minimum lot width at the setback line shall be one hundred feet or more for lots served by public water and sewage disposal; the minimum lot width at the setback line shall be a ratio of one (frontage) to three (depth) for lots served by individual water and /or sewage disposal systems. 162 Article VI, Sec. 21 -45, (b). For lots containing or intefided to contain' a single permitted use served by individual water and /or sewage disposal systems, the minimum lot area shall be one hundred thousand square feet. Sec. 21 -45; (c). delete. Sec. 21 -47. The minimum lot width at the setback line shall be one hundred feet or more for lots served by public water and sewage disposal; the minimum lot width at the setback line shall be a ratio of one (frontage) to three (depth) for lots served by individual water and /or sewage disposal systems. Article VII, Sec. 21 -53, (b). For lots containing or intended to contain a single permitted use served by individual water and sewage disposal systems, the minimum lot area shall be one hundred thousand square feet, with a minimum lot width at the setback line of a ratio of one (frontage) to three (depth). Sec. 21 -53, (c). delete. This ordinance shall be in full force and effect upon adoption by the Board of Supervisors of Frederick County, Virginia. 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. ZMAP #009 -70 OF GEORGE L. MILLER TO REZONE .99 ACRES FROM A -2 TO B -2 - SHAWNEE DISTRICT - THIRD AND FINAL READING - APPROVED Mr. Gordon stated that this request was the second one for Miller Auto Sales in this area and the Planning Commission recommended approval of same. Upon motion made by W. French Kirk, seconded by Manuel DeHaven and passed unanimously, the Planning Commission recommended approval of this rezoning 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 following Zoning Map Amendment request on third and final 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 (A -2) BE REZONED BUSINESS - GENERAL (B -2). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 76(A)3A AND IS LOCATED IN SHAWNEE MAGIS- TERIAL DISTRICT. 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. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING ADOPTED JULY 12, 1978, TO AMEND ARTICLE XI, XII, XIII AND XIII -A THIRD AND FINAL READING - APPROVED Mr. Gordon stated that this proposed amendment would provide for the addition of a third business category and the Planning Commission felt it would be beneficial to the County. Upon motion made by Elmer Venskoske, seconded by James Golladay and passed unanimously the Planning Commission recommended approval of the pro- posed amendment. 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 following zoning ordinance amendment on third and final reading: • LJ F I L I— L-1 � AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE XI, XII, XIII, AND XIII -A 163 SECTION I Article XI. Business, Neighborhood District B -1. El Sec...21 -102. Statement of Intent. The primary purpose of this district is to establish a business district that will serve the surrounding residential districts. Traffic and parking congestion is to be held to a minimum to protect and preserve property values in the surrounding residential districts and, insofar as possible, neighborhood business development should take place in the district. The district should include such activities as are necessary for the day -to -day operation and convenience of a normal household, and should be limited to 3,000 square feet. Sec. 21 -103. Use Regulations. In Business District B -1, structures to be erected or land to be used shall be for one or more of the following uses: (a) Limited retailing uses, including but not limited to con- venience -type stores, bakeries, and drug stores. (b) Personal services including automatic self- service laundries, drycleaning, barber and beauty shops. (c) Financial institutions. 1 (d) Public buildings- including:_a_library_:and.a post office. (e). Public utilities:isuch as poles, lines, distribution trans- formers, pipes, meters and /or other facilities necessary for their pro- vision and maintenance, and including water and sewer lines and stations. (f) Off - street parking as required by this Ordinance. CJ (g) Business signs. (h) Directional signs. 0 • Sec. 21 =104. Area Regulations. For permitted uses utilizing individual sewage disposal systems, the required area shall'be approved by the health official. Sec. 21 -105. Setback Regulations. (a) No. structure, except signs, shall be located between the setback line and the street, road or highway center line. (b) The setback line shall be located thirty -five feet (35') or more from any highway, street or road right -of -way which is fifty feet (50') or greater in width or sixty feet (60') or more from the center line of any street with a right -of -way less than fifty feet (50') in width and parallel or concentric to the center line. Sec. 21 -106. Yard Requirements. For permitted uses, the minimum side and rear yard adjoining or adjacent to a. residential district shall be thirty - feet (30'). The side and rear yard shall be used only for landscaping, including screening, and for a delivery entrance. A buffer with trees shall be maintained to screen the commercial activity ffom the adjoining residential area. Sec. 21 -107. Height Regulations. (a) Buildings and signs may be erected up to thirty -five feet (35') in height from grade. (b) Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet (4') above the height of the building on which the walls rest. (c) No accessory structure which is within twenty -five feet (25') of any party lotline shall be more than one story high. All accessory structures shall be less than the main structure in height. Article XII. Business, General District B -2. 21 -108. Statement of Intent. r I L Generally, this district covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking other than stocking and delivery of light retail goods, or by any nuisance factors other than occasioned by incidental light and noise of congregation of people and passenger vehicles. IN Sec. 21 -109. Use Regulations. General retailing uses including, but not limited to, auction, appliance stores, bakeries, clothing stores, drug stores, furniture stores, gift shops, automatic self- service laundaries, dry cleaning establishments, farm markets, and nurseries. (a) Travel- oriented businessess, such as hotels, motels,. and restaurants. (b) Motor vehicle sales and service uses including, but not limited to, new and used vehicle dealers, vehicle parts sales, and car washing facilities. (c) Service station. Any premises used for supplying gasoline, oil, tires, accessories and services for automobiles at retail direct to the motorist consumer, including such service as lubrications, washing and minor repairs (enclosed within the premises) and such incidental services as road service, supplying road maps and informational service and food vending machines, but not including such major repairs as: (1) Spray painting; (2) Body, fender, clutch, transmisssion, differential, axle, spring, and frame repairs; (3) Major overhauling of engines requiring removal therefrom of cylinder head or crankcase pan; (4) Repairs of raditors requiring removal thereof; (5) Recapping or retreading of tires, or (6) Storage of wrecked or disabled vehicles. (d) Office buildings, sales offices, financial institutions, and post office. (e) Public and private amusements, such as clubs, lodges, indoor theaters, poolrooms, bowling alleys, and nightclubs. (f) Institutional businesses, such as hospital, libraries, churches, and funeral homes. (g) Public utilities, such as poles, lines, distribution trans- formers; pipes, meters, water :and /or;:sewage�tt.eatment and distr:buti6nn. facilities. (h) Off - street parking as required by this Ordinance. (i) Business signs. (j) Directional signs. Sec. 21 -110. Area Regulations. For permitted uses utilizing individual sewage disposal systems, the required area shall be approved by the health official. Sec. 21 -111. Setback Regulations. (a) No structure, except signs, shall be located between the setback line and the street, road or highway center line. (b) The setback line shall be located thirty -five feet (35') or more from any highway, street or road right -of -way which is fifty feet (50') or greater in width or sixty feet (60') or more from the center line of any street with a right -of -way less than fifty feet (50') in width and parallel or concentric to the center line. Sec. 21 -112. Yard Regulations. For permitted uses the minimum side and rear adjoining or adjacent to a residential or agricultural district shall be twenty -five feet (25'). Sec. 21 -113. Height Regulations. Buildings and signs may be erected up to thirty -five feet (35') in height from grade except that: (a) A public or semi - public building such as a school, church, library, or general hospital may be erected to a height of sixty feet (60) from grade provided that required front, side and rear yards shall be increased one foot (1') over thirty -five feet (35'). (b) Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerails are exempt. Parapet walls may be up to four feet (4') above the height of the building on which the walls rest. • • F L r • 1 165 • l J • (c) No accessory structure which is within twenty -five feet (25') of any party lot line shall be more than one (1) story high. All accessory structures shall be less than the main structure in height. Article XIII. Industrial Transition District B -3 Sec. 21 -114. Statement of Intent. This district is intended for those commercial activities that may be operated in conjunction with production and marketing facilities. The uses in this district will be large, some will have open -air display; and there will be a mixture of automobile and truck traffic. It is intended that.the uses in this district shall not be sources of noise, dust or smoke; and the lots will be landscaped in front as well as to the sides and rear. Sec. 21 -115. Use Regulations. (a) Wholesale businesses. (b) Storage warehouses. (c) Monumental stone display and sales. (d) Laboratories (pharmaceutical and /or medical). (e) Laundries, including cleaning and dyeing plant. (f) Printing offices. (g) Service Station: Any premises used for supplying gasoline, oil, tires, accessories and services for automobiles at retail direct to the motorist consumer, including such services as lubrication, washing and minor repairs (enclosed within the premises) and such incidental services as road service, supplying road maps and informational service and food vending machines, and including rental of automobiles, trucks and trailers, including such major repairs as: (1) Spray painting; (2)" Body, fender, clutch, transmission, differential, axle, spring, frame, and exhaust system repairs; (3) Major overhauling of engines requiring removal therefrom of cylinder - head.or crankcase pan; (4) Repairs of radiators requiring removal thereof; and (5) Recapping or retreading of tires. (h) Veterinary hospitals. • 1 • (i) Construction material supply businesses not to include fabricating (with storage under cover). (j) Outdoor theaters. (k) Mobile home and model home sales. (1) Business signs. (m) Directional signs. Sec. 21 -116. Area Regulations. (a) For permitted uses utilizing individual sewage disposal systems, the required area shall be approved by the health official. (b) Landscaping should be provided, and may be required within and established or required front setback, side or rear yard. (c) Sufficient area shall be provided: (a) to adequately screen permitted uses from adjacent residential districts, and (b) for off - street parking for vehicles incidental to the business. Sec. 21 -117. Setback Regulations. (a) No structure, except signs, shall be located between the set - back.line and the street, road or highway center line. (b) The setback line shall be located thirty -five feet (35') or more from any highway, street or road right -of -way which is fifty feet (50') or greater in width or sixty feet (60') or more from the center line of any street with a right -of -way less than fifty feet (50') in width and parallel or concentric to the center line. Sec. 21 -118. Yard Regulations. 166 (a) For permitted uses the minimum side and rear adjoining or adjacent to a residential or agricultural district shall be twenty -five feet (25'). (b) Buildings and signs may be erected up to thirty -five feet (35') in height from grade. (c) No accessory structure which is within twenty -five feet (25') of any party lot line shall be more than one story high. All accessory structures shall be less than the main structure in height. ARTICLE XIII -A Business, Shopping Center District B -4 Sec. 21 -118.1 Statement of Intent. Community shopping centers are intended to provide a wide variety of goods and services to trade areas composed of several neighborhoods. A community shopping center provides not only for "convenience goods" such as food, drugs and personal services, but also for "shopping goods" such as apparel and furniture, as well as banking and professional services and recreation. The size of the center is intended to be directly related to the quantity of pruchasing power available for the support of these uses permitted in this zone. A community shopping center is designed and located so as to minimize traffic congestion on public highways and streets in its vicinity and to best fit the general land use pattern of the area to be served.by the center. The protective standards contained in this destrict are intended to minimize any adverse effect of the shopping center on nearby property values and to provide for safe and efficient use of the shopping center itself. Sec. 21 -118.2 General Requirements. The governing body may authorize as an amendment to the Zoning Map the designation of an area as an "SC" Shopping Center District for the location of an integrated shopping center, subject to the regulations of this and any pertinent Article. Sec. 21 -118.3 Use Regulations. In an "SC" Shopping Center District, a building or combination of buildings may be erected or used, and a lot area may be used or occupied for any of the following purposes, and no other. (a) Retail stores, grocery stores, including retail outlet or showroom for uses permitted in Paragraph 11 -2 -8, hereof but not including automobile sales agency, provided that no goods shall be displayed on the exterior of any building or on that lot, and provided that only incidental storage, including floor samples, shall be permitted. (b) Restaurants. (c) Following personal service shops, dealing directly with customers, beauty parlor, barber shop, clothes cleaning (not including a cleaning and dyeing plant), automatic self- service laundry, dress - making, millinery or similar shop provided all repair or processing work is conducted in accordance with Paragraph 11 -2 -8 below. (d) Professional offices and agencies.: }>(e) Theater (not including outdoor motion picture establishment), assembly hall, or community building, indoor recreational establishment or library, child day care center, post office. (f) Bakery, confectionery, custom shop for the production of articles to be sold at retail on the premises, provided that all baing or processing is conducted in accord with Paragraph 11 -2 -8 below. (g) Financial institutions. (h) Electrical substation, telephone and telegraph offices. (i) The following uses provided that if such uses are located on the ground floor they shall not be located within twenty feet (20') of the front of the building and provided that they shall be effectively screened from the front portion of the building by a wall or partition. (1) General servicing or repair. (2) Upholstering. (3) Carpentry or woodworking. (4) Electrical, radio, television repair. (5) Automatic, self - service laundry. (6) Tailoring, dressmaking or repair. activity. (7) Millinery repair. (8) Baking, confectionery- making, or similar processing. (9) Any similar use involving repair, processing or storage • • • 1 • i 16.7 (j) Accessory use customarily incidental to any of the above uses. (k) Business signs. 1 • • • • (1) Directional signs. (m) No area shall be zoned "SC" District use if there exists in the area sought to be zoned, any residential, industrial, or other use which would be nonconforming under the terms of this Section. The governing body may zone the area "SC" District, however, if the developer guarantees the removal or discontinuance of the nonconforming use. Sec. 21 -118.4 Development Requirements. The general plan for a shopping center shall include evidence and facts showing that it has considered and made provision for, and the development shall be executed in accordance with the following essential conditions. (a) The development shall consist of a harmonious selection of uses and grouping of buildings, service and parking areas, circulation and open spaces, planned and designed as an integrated unit, in such manner as to constitute a safe, efficient, and convenient retail shopping center. (b) The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping. (c) No more than twenty percent of the lot area shall be occupied by buildings. (d) The distance at the closest point between any two buildings or groups or units of attached buildings shall be not less than twelve feet. (e) Adequate areas shall be provided for loading and unloading of delivery trucks and other vehicles; servicing of shops by refuse collection, fuel, fire and other services vehicles; automobile accessways; and pedestrian walks. Service areas shall be screened from view from any abutting roadway and from within the parking area. (f) Provision shall be made for safe and efficient ingress and egress to and.from public streets and highways servicing the center with- out undue congestion to or interference with normal traffic flow. All points of vehicular access to and from public streets shall be located not less than two hundred feet from the intersection of any public street lines. The planning commission shall satisfy itself as to the adequacy of the thoroughfare to carry the additional traffic engendered by the shopping center. (g) No building may be located closer than one hundred feet to the ultimate right -of -way of any public street, no closer than fifty feet of a side or rear property line adjacent to an agricultural or residential district, or within twenty -five feet of any property line. (h) No parking access and service area may be located closer than twenty -five feet to a.side or rear property line adjacent to an agricultural or residential district. (i) Not less than 5.5 automobile parking spaces with suitable access shall be provided for each one thousand square feet of gross leasable floor area devoted to patron use. (j) Parking, loading, or service areas used by motor vehicles shall be located entirely within the lot lines of the shopping center and shall be physically separated from public streets. (k) Lighting facilities shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. (1) The shopping center shall be permanently screened from adjoining and contiguous residential districts by a wall, fence, evergreen hedge and/ or other suitable enclosure of minimum height five feet and maximum height seven feet, placed at least ten feet inside the "SC" District property line. The area between such enclosure and the property line shall be landscaped to form a permanent screening area. The planning commission may waive the requirement for a screening enclosure and /or screening area if equivalent screening is provided by existing parks, parkways, recreational areas, or by topography or other natural conditions. (m) A landscaped planting area shall be provided along street frontage occupied by an "SC" District at least seven feet in depth and must be located between the property line and a line parallel to and seven feet inside the "SC" District property line. (h)." No shopping center permitted in an "SC" District shall be - erected or used that is not adequately served with both sanitary sewers and public water unless authorized as a special exception and upon 168 submission of satisfactory evidence to the fact that sanitary sewers and public water supply are not feasible in the particular location in question. Such evidence may include, but shall not be limited to, a specific recommendation from the county engineer, official representative of the state health department, and /or the county sanitation authority. (o) Any area designated as being an "SC" District and lying on both sides of a public street shall be deemed to be two "SC" Districts, and all minimum requirements shall be met by buildings on each side of said public street as separate districts. (p) The planning commission and the board may prescribe particular requirements or any further reasonable conditions deemed appropriate with respect of the suitability of-the shopping center•in the "SC" District. Sec. 21 -118.5 Applications and Review by Planning Commission. (a) Preliminary plans for any "SC" District use shall be submitted to the planning commission. If, however, portions of the project are to be completed in successive stages, a less detailed sketch or layout of the area scheduled for immediate development will suffice initially, provided that as further developments occur, a plan showing all of the required detail shall then be submitted prior to the construction of any portion. Information to be shown on all shopping center plans or on attached reports shall include, in addition to the site plan as required in Article XVIII: (1) Architectural plans for any proposed buildings. (2) Engineering and architectural plans for the treatment and disposal of sewage, including the general drainage system. (3) The stages which will be followed in the construction of the planned shopping center. (4) A market analysis suitable for the size center proposed, showing the desirability of a shopping center in the location requested. (b) The planning commission shall review all preliminary plans for "SC" District uses submitted to them and shall submit these plans, with recommendations thereon, to the board for approval. (c) Upon receipt of preliminary plans for any "SC" use and recommen- dations thereon by the planning commission, the board shall have the power of approval or disapproval of these plans, and the rezoning of the area desired for "SC" District use. (d) Upon approval of the zoning change of the preliminary plan, the developer shall one calendar year, unless otherwise extended ment plan to the planning commission for its The planning commission may require that the submitted separately for the first and each and the adoption and approval submit, within not more than by the board, a final develop - review and recommendations. final development plan be successive stage. (e) The planning commission shall determine that each stage, or all of the final development plan, conforms to the intent of the preliminary plan on which the zoning change was made. The commission, having reviewed the final development plan for any or all stages of the development and finding that it is in compliance with the intent of the preliminary plan shall present its recommendations to the board. (f) Upon approval of the final plan, construction shall begin in accordance with the approved plan within one year from final approval, unless otherwise extended by the board. If the center is to be developed in stages, the initial development plan has been approved, unless otherwise extended by the board. In the event that construction is not started within the specified time, the planning commission shall review the zoning and the progress which has taken place, and, if deemed necessary, recommend to the board the reclassification of the property in a manner consistent with the comprehensive plan of the county. (g) In the event that initial development has not been completed within the specified time limit, and the property has been rezoned from "SC" District to another classification and the shopping center has been partially constructed, such partial construction shall not be considered a non - conforming use as defined in this chapter. (h) The final development plan, drawn to scale and with controlling dimensions shall contain all the necessary information and be accompanied by the supporting data as required by this article. (i) After the final development plan has been approved and when in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards are requested by the developer and such requests conform to the standards established by the approved development plan for the area to be covered by building spaces, entrances, height, setback, and lot area requirements, such adjustments may be approved by the board of supervisors, upon application, without fee, and after receiving the recommendations of the planning commission. L� r. • • is 169 1 Section II This ordinance shall be in full force and effect upon adoption by the Board of Supervisors of Frederick County, Virginia. Section III It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if they shall be declared unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. 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. SUBDIVISIONS EDWIN L. RHODES - TWO LOTS GAINESBORO DISTRICT - APPROVED Mr. Gordon stated that the Planning Commission recommended approval of this subdivision request. Upon motion made by Dr. Raymond L. Fish and seconded by Kennethy Y. 11 Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the subdivision request of Edwin L. Rhodes to subdivide 2 lots, Lot B - 2.62 acres, 200 foot road frontage and Lot C - 2.38 acres, over 200 foot road frontage located off Route 681 in Gainesboro Magisterial District. 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. LOT LINE ADJUSTMENT - GREEN ACRES, SECTION V, - SHAWNEE DISTRICT - APPROVED r1 LJ 1 Mr. Renalds stated that this request is merely a realignment of a lot line and is routine. Mr. Malcolm asked if this would in any way affect Lot 15 or Lot 13 as far as minimum lot size and Mr. Renalds replied that it would not. Upon motion made by Thomas B. Rosenberger 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 Lots 13, 14 and 15 located in Green Acres Subdivision, Section V, Shawnee Magisterial District as set forth on the plat dated August 7, 1979 and certified by Charles H. Kirkland, Certified 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. LOT LINE ADJUSTMENT - FREDERICKTOWNE, SECTION II - OPEQUON DISTRICT - rnnnnT=n Mr. Renalds stated that this request for lot line adjustment is routine and of a minor nature. Upon motion mady by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Freder Virginia, does herein approve the lot line adjustment of Lots 90, 91, 92 and 93 of Fredericktowne Subdivision, Section II, Opequon Magisterial District 1.70 as set forth on the plat dated August 14, 1979 and certified by Douglas C. Legge Certified 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. APPOINTMENT - SHALOM ET BENEDICTUS DISCUSSED The Board noted the request from Shalom et Benedictus for appointments to their Board of Directors and deemed that no action was necessary at this time inasmuch as said appointments would not be necessary until January 1980. REQUEST FOR MANUFACTURE OF GASOHOL - JOHN A. -KAPP, JR. - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that John A. Kapp, Jr. Rt. 1, Box 183A, Clearbrook, Virginia, 22624, is hereby approved by the Board of Supervisors for the manufacture of alcohol on his property for his own use in conjunction with the production of gasohol. 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. WINCHESTER AREA TRANSPORTATION PLAN - APPROVED Mr. Malcolm stated that the Committee on Engineering and Code Enforce- ment had reviewed the Winchester Area Transportation Plan and had no basic objections to it and therefore recommended approval by the Board. 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 direct the County Administrator to advise the Commissioner of the Virginia Department of Highways and Transportation that this Board has no basic objections to the Winchester Area Transportation Plan as presently written. 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. VIRGINIA DEPARTMENT OF HIGHWAYS AND Mr. John Chiles appeared before the Board and presented the proposed budget for Frederick County and stated that this is the same budget presented in June. Fish, Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the Virginia Department of Highways and Trans- portation Secondary Systems Roads Budget for Fiscal Year 1979 -1980 for Frederick County as presented in the total amount of $1,001,912.00. 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. i • • u 1 • 171 Mr. Chiles presented a report setting forth the work which had been n • accomplished during the past fiscal year. There was a brief .discussion. regarding the possibility of upgrading Route 661 due to the expected growth in this area and Mr. Chiles stated that inasmuch as this road had recently been rebuilt and could only be expanded approximately', 2 feet he did not feel the Highway Department would approve this request. Mr. Stiles asked what the status of the traffic light scheduled for that intersection was and Mr. Chiles stated that he felt sure it had been approved but would check into the situation. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Thomas B. Rosenberger, seconded by Dr. 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 WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm seconded by Will L. Owings and 1 passed unanimously the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION • Upon motion made by R. Thomas Malcolm, seconded by Will L. Owings and passed unanimously the Board reconvened into Regular Session. TRANSFER FROM RESERVE FOR CONTINGENCIES - $3000 OIC PROGRAM - APPROVED 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 • Frederick, Virginia, does herein approve a transfer from Reserve for Contingencies in the amount of $3,000 as Frederick County's contribution to the tri- county Opportunities Industrialization Center Program. 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. BINGO AND RAFFLE PERMITS TO BE ISSUED THROUGH COMMISSSIONER OF REVENUE PURSUANT TO NEW STATE REGULATIONS Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That pursuant to bingo and raffle regulations recently enacted by the Commonwealth, the Board of Supervisors does herein direct that the Commissioner of Revenue issue the bingo and raffle permits and perform the audit as set forth in the State Code; and, BE IT FURTHER RESOLVED, That the Board does herein direct that an annual, permit fee of $25.00 be charged with the option of waiver at the discretion of the Commissioner of Revenue for non - profit, charitable organizations; and" BE IT FURTHER RESOLVED, That the County staff is herein directed to draft an ordinance for consideration by the Board of Supervisors setting forth these provision; and, BE IT FURTHER RESOLVED, That the Board does affirm the approval of the bingo permit for the Round Hill Fire Company as previously administratively approved. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will 172 L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles. CONDITIONAL USE PERMIT FEE PROPOSAL - TABLED a $75.00 application fee be charged for conditional use permit applications. Mr. Rosenberger stated that the Finance Committee recommended that Mr. Stiles stated that it was his understanding that this matter would be held over until such time as the Judge has signed the order in the Poe case and the appeal has been filed and decided. 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 table the recommendation of the Finance Committee to charge a $75.00 permit fee for conditional use permit applica- tions until such time as the outcome of the Poe case is known. 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. TRANSFER FROM RESERVE FOR CONTINGENCIES IN THE AMOUNT OF $2,800 FOR TNSTAT,T.ATTnN nF CASnT.TNR TANK AT SCHOOL BUS GARAGE AND $1,200 IN REVENUE SHARING FUNDS FOR PURCHASE OF CUTTER FOR DATA PROCESSINU - 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 $2,800 for the installation of a gasoline tank at the Frederick County School Bus Garage and an amount of $1,200 in Revenue Sharing Funds for the purchase of a cutter for the Data Processing 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, R. Thomas Malcolm and Kenneth Y. Stiles. MLARY ADJUSTMENTS FOR FISCAL YEAR 1979 -1980 EFFECTIVE JULY 1, 1979 - APPROVED Mr. Rosenberger stated that salary adjustments had been discussed in the Executive Session and several were recommended for approval. Mr. Owings stated that he did not oppose these salary adjustments but felt there were other inadequacies in the county offices that should have been addressed at this time. He added that he would go along with these adjustments but he felt others should be addressed also. Lpon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, EE IT RESOLVED, By the Frederick County Board of Supervisors that the following salary adjustments for fiscal year 1979 -80 be hereby approved effective July 1, 1979 for funding as a supplemental appropriation: LINE ITEM 01- 01C -110C PnCTTTnM Secretary /Deputy Clerk, Board of Supervisors NAME Ann Kelican NEW SALARY $12,293 • U • 1 • 173 • • • • 1 01- 01D -11OB 02- 02A -11OG 03- 03A -11OB 05- 05C -110E - 12- 12A -11OA 10- 1OJ -11OC 18- 18F1 -11OC 19- 1OJ -11OD O1- 01A -110A) 01- 01C -110D) 06- 06AO -11OK 06- 06AO -110L 06- 06AO -11OM 06- 06AO -11ON 06 -06AO -1100 06- 06AO -11OP 06- 06AO -110Q 06- 06AO -110R 06- 06AO -11OT 06- 06AO -11OH 06 -06AO -1101 06- 06AO -11OS 06- 06AO -11OJ 06- 06AO -111A Account Clerk III Finance Department Clerk Typist I Comr. of Revenue Deputy /Account Clerk II (Treas. Office) Clerk Stenographer Com. Atty. Office Animal Control Officer Landfill Supervisor Recreation Program Supervisor Motor Equipment Operator II (Landfill) Clerk Typist III County Admin. Office Deputy Sheriff Deputy Sheriff Deputy Sheriff Deputy Sheriff Deputy Sheriff Deputy Sheriff Deputy Sheriff Deputy Sheriff Deputy Sheriff Sergeant Sergenat Sergeant Sergeant Process Server Dianne Ayers Katherine Ford Judy Malone Ann Reely Harold Whitacre Edward Wright Mary Donnellau William Dyke Carol Bayliss Charles W. Brill Randolph Bowers Douglas R. Loy $10,750 6,579 10,242 9,750 13,071. 12,293 12,293 11,849 8,829 12,855 10,816 11,004 Stephen Himelright 10,750 John W. Hiller 10,332 Ronald W. Smith 11,004 Richard A. Streit 11,242 James C. Horsley 10,750 Charles R. Stine 11,242 Jerry Long 13,026 Robert Sager 13,026 Robert Williamson 12,186 Paul Deaner 12,599 Paul Fahnestock 12,280 06- 06AO -111E Process Server James Taylor 11,968 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. STATE -LOCAL HOSPITALIZATION RATES - APPROVED Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT FURTHER RESOLVED, By the Frederick County Board of Supervisors, .,-that the following daily rates for the State -Local Hospitalization Program during the fiscal year 1979 -1980 are hereby approved: Winchester Memorial Hospital $118.34 University of Virginia 117.03 Shenandoah County Memorial Hospital 109.27 Medical College of Virginia 177.03 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. 174 1 PROPOSED SCHOOL BOARD MEMBERSHIP. EXPANSION - TABLED The Board agreed to table for another month the proposed resolution providing for the expansion of School Board membership. MONTHY STAFF REPORT ACCEPTED After review, the monthly report was accepted. LOT LINE ADJUSTMENT - GREENWOOD HEIGHTS, SHAWNEE DISTRICT - APPROVED 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 a lot line adustment for Lots 74 and 76'in the Greenwood Heights Subdivision in Shawnee Magisterial District as set forth on the plat dated July 24, 1979 and certified by Mr. Lee A. Ebert, Certified 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. DISCUSSION RE: FUTURE MEETING WITH BOARD OF ASSESSORS Mr. Renalds advised the Board that to date the Judge has not made any appointments to the Board of Assessors. Mr. Stiles expressed concern re- garding this situation stating that the local assessors should be working with the state assessors who have already begun work. Following a brief discussion the Board directed the County Administrator to contact the Judge in order to determine when these appointments might be made and agreed to meet with the Assessors after the appointments are confirmed. JDHN R. RILEY WELCOMED AS NEW PLANNING DIRECTOR The Board welcomed Mr. John R. Riley as Frederick County's new Planning Director. REQUEST FOR WAIVER OF LATE TAX PENALTY FEE DENIED Mr. Stiles requested waiver of a $10.00 penalty fee charged for late payment of taxes by a constituent due to mitigating circumstances. Following a brief discussion the Board denied this request. REQUEST FOR REPAIR OF RAILROAD CROSSING AT ROUND HILL TO BE FORWARDED TO RAILROAD COMPANY Mr. Rosenberger requested that the Winchester and Western Railroad Company be contacted and requested to repair the railroad crossing in front on the Round Hill Fire Company. The Board Concurred with this request and requested the County Administrator to contact said company to request this work be done. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. o upervis rs retary d of Supervisors F_ 1 L • • 1 •