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February 11, 1981 Regular MeetingZIL A Regular Meeting of the Frederick County Board of Super- visors was held on February 11, 1981, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice- Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Joseph Carawan of the Salvation Army. ADOPTION OF AGENDA Mr. Baker requested that under County Officials he wanted to add an appointment to the Welfare Department from Back Creek District and further, he would like to add a memo from the Finance Committee prior to the business of the Planning Commission. Mr. Riley noted that under Public Hearings, item number 3, Conditional Use Permit No. 026 -80 of Richard L. Martin, had been withdrawn. Mr. Stiles stated that under County Officials he had several committee appointments from Stonewall District. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the agenda was adopted as amended. COUNTY OFFICIALS Applications which had been received for appointment to the Northwestern Community Services Board, the Lord Fairfax Planning District Commission and the Planning Commission were acknow- ledged. Following a brief discussion the Board agreed to discuss the applications in Executive Session at the end of the meeting. REAPPOINTMENT OF FRANK H. FROM BACK CREEK DISTRICT PLANNING COMMISSION Upon motion made by William H. Baker and seconded by Kenneth Y. Stiles, 193 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reappointment of Frank H. Brumback to serve as the Back Creek District represen- tative on the Frederick County Planning Commission for a term of 4 years, said term to commence on February 14, 1981 and terminat on February 13, 1985. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. Mr. Stiles suggested that regarding the 2 at -large members to be appointed to the Planning Commission, the Board consider perhaps staggered terms so that the Commission would not lose several members at one time. The Board concurred. APPOINTMENT OF ROGER L. MILBURN TO PARKS AND RECREATION Upon motion made by William H. Baker and seconded by Rhoda W. Maddox, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Roger L. Milburn to serve as the representative from Back Creek on the Parks and Recreation Commission to fill the unexpired term of Mr. Keith Lupton, said term to commence on February 11, 1981 and terminate on April 28, 1982. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. APPOINTMENT OF MR. HARD G. HARDISON FROM BACK CREEK VICES BOARD - APPROVED Upon motion made by William H. Baker and seconded by Kenne Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Mr. Richard G. Hardison to the Frederick County Social Services Board to fill the unexpired term of Mr. Donald L. Baughman, said term to commence on February 11, 1981 and terminate on June 30, 1982. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. 194 REAPPOINTMENT OF MRS. ESTHER BOYD FROM STONEWALL DISTRICT TO ANIMAL CARE COMMITTEE - APPROVED Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reappointment of Mrs. Esther Boyd to serve as the Stonewall District representa- tive on the Animal Care Committee for a term of 1 year, said term to commence on January 1, 1981 and terminate on December 31, 1981. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. INTMENT OF MR. CHARLES BOYD FROM,STONEWALL DISTRICT TO STAND COMMITTEE - APPROVED Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reappointment of Mr. Charles E. Boyd to serve as the Stonewall District represen- tative on the Frederick County Stream Standards Committee, said term to commence on January 1, 1981 and terminate December 31, 1981. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. REAPPOINTMENT OF MR. J. PATRICK RUSSELL FROM DISTRICT TO FREDERICK COUNTY TRANSPORTATION SAFETY COMMISSION - APPROVED Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reappointment of Mr. J. Patrick Russell to serve as the Stonewall District representative on the Frederick County Transportation Highway Safety Commission for a term of 1 year, said term to commence on January 1, 1981 and terminte on December 31, 1981. 195 1 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. OF MR. GEORGE CATHER FROM STONEWALL DISTRI OUNTY EXTENSION ADVISORY COMMITTEE - Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reappointment of Mr. George Cather to serve as the Stonewall District representa- tive on the Frederick County Extension Advisory Committee for a term of 1 year, said term to commence on January 1, 1981 and terminate on December 31, 1981. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. Following a brief discussion it was agreed that all 1 year appointments would be set forth on the next agenda for considera -I tion by the Board. Mr. Baker suggested that upcoming appointments be submitted to the Board 1 month in advance so that consideration might be given to reappointment or new candidates might be sought. The Board concurred. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. Baker presented the report of the Finance Committee relative to word processing equipment and stated that the Finance Committee recommended favorable consideration of the purchase of this equipment. Mr. Owings reiterated this recommendation stating that after reviewing the report, the recommended equipment is far superior to the other brands tested. Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a resolution of intent to purchase Lanier word processing equipment, final 190 decision for said purchase to be made at the February 25, 1981 meeting of the Board of Supervisors. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. PUBLIC HEARINGS CUP #024 -80 - DISTRICT - AP NCE JOHNSON - OPEQUON MAGISTERIAL Mr. John Riley, Planning and Development Director, presented this request and read the reviewing agencies comments. He noted that the Planning Commission recommended approval with condi- tions. Mr. Johnson appeared before the Board in support of his application stating that this would be a hobby inasmuch as he has a full time job. He further noted that he would charge for the work in order to cover the necessary materials to conduct the business. Mr. Johnson added that he understood the conditions and had no objections to them. There was no public opposition. Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve conditional use permit #024 -80 of Lawrence Johnson to conduct a home occupation/ shoe repair shop on his property zoned A -2 (Agricultural - General), located on the south side of Route 277 East, approxi- mately 1/2 mile east of Fulton Trucking, in the Opequon Magis- terial District, with the following conditions: 1. That this use take place in the garage on the premises. 2. All parking shall be off - street parking. 3. Noone may be employed on the premises other than members of the immediate family residing on the premises. 4. If the use or occupancy changes, this conditional use permit shall expire and a new conditional use permit will be required. 5. This shall be a five year permit, reviewed annually by the staff. 197 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. CUP #025 -80 - CARROLL B. HAWKINS - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Riley presented the request of Mr. Hawkins and read the reviewing agencies comments. He stated that the Planning Commission recommended approval with conditions. Mr. Hawkins appeared before the Board in support of his request. Mr. Baker requested that the word, "value" be added in the last sentence of the Planning Commission recommendation prior to the words, "to the surrounding community, etc." There followed a brief discussion regarding the 3 year limit on this permit as opposed to the 5 year limit on the preceeding permit and Mr. Riley explained that inasmuch as this operation would be surrounded by the recently created agricultural district, there was some concern in the Planning Commission regarding its impact on the area. Mr. Baker advised that he had talked to several residents in the agricultural district and it was felt that this was a business that was needed in the area. There was no public comment. The Board discussed briefly the definition of the word, "operable," contained in condition #3, and it was the concensus of the Board to rely on the definition contained in the ordinance. Upon motion made by William H. Baker and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve conditional use permit #025 -80 of Robert S. Hawkins to operate a public garage on his property located on the east side of Route 622, approximately 1 mile north of Route 732, in the Back Creek Magisterial District, with the following conditions: 1. That this be a 3 year permit which is to be reviewed annually. 2. If the use, occupancy or ownership changes, this condi- tional use permit shall expire and a new conditional use permit shall be required. 198 3. No outside storage of inoperable vehicles. 4. Hours of operation shall be daylight hours. 5. No body or fender work. 6. Off - street parking shall be required. 7. Required installation of a commercial entrance if it is deemed necessary by the Virginia Department of Highways and Transporation. 8. Noone be employed on the premises except for members of the immediate family residing on the premises. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. ZMAP #018 -80 - HARRY S. STIMPSON, JR. - OPEQUO MAGISTERIAL DISTRICT - APPROVED Mr. Riley presented the request of Harry S. Stimpson, Jr. to rezone property located just east of the service road Route 1012, at the eastern side of the intersection of Interstate 81 and Route 277. He read the reviewing agencies comments and stated that the Planning Commission recommended approval of this request. Mr. Stimpson and Mr. William A. Johnston, Attorney, appeared before the Board in support of this request. Mr. Johnston pre- sented a brief history of the property and its development by Mr. Stimpson, stating that Mr. Stimpson had cooperated as much as he possibly could in the development of the property. He advised that the original plans for this parcel had been approved in 1972. Mr. Stimpson then reiterated Mr. Johnston's statement. He stated that he had worked very hard to cooperate and that the plan had begun in 1972 and had been actually started in 1977. Mr. Owings stated that he talked with Mr. Stimpson at length regarding this proposal and the concern that he had rela- tive to the traffic flow onto Route 1012 had been resolved. There was no public opposition. Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve ZMAP #018 -80 of Mr. Harry Stimpson, Jr., Boyce, Virginia, containing 4.600 acres, 199 5.527 acres and 5.806 acres, now zoned R -3 be rezoned R -6 (Multi - Family Residential), R -6 (Multi - Family Residential) and B -1 (Business- Neighborhood District), respectfully. This property i= designated as Parcel 144, 145 and 146 on Tax Map 85, in the Opequon Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. AN ORDIDANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 21. G1 -6.1 (a) and (b) - APPROVED Mr. Riley presented this request for ordinance amendment stating that it is basically proposed for clarification purposes in order to prevent the subdivision of property where farmers in a farming operation desire to build tenant houses on their property without having to abide by the subdivision require- ments. Mr. Stiles reitereated this comment stating that he was dubious of this amendment but at this point in time felt that th benefits outweigh the drawbacks. There was no public comment. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve an Ordinance to amend the Frederick County Code, Chapter 21, Zoning Adopted July 12, 1978, to amend Article XV, Section 21 -6.1 (a) and (b) as follows: Section 21 -6.1 - Number of Uses Associated with a Lot or Parcel (a) With the exception of group housing developments, including mobile home parks, no more than one principle structure or use and its customary accessory structures or uses shall be located on a lot or parcel in an agricultural or residential zoning district. (b) The equipment of an accessory structure, such as a sink, cook stove or other kitchen or sanitary facilities for the independent occupancy thereof, shall be prima facie evidence that such structure is not an accessory structure but a separate dwelling and must meet all minimum standards of lot area and yard requirements of the district in which it is located. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. 200 AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21 ZONING,ADOPTED JULY 12, 1918,T0 AMEND ARTICLE I, SECTION' 21 -1 "ACCESSORY USE OR STRUCTURE" - APP ROVED Mr. Riley reported that this amendment was proposed in order to remove a conflict in the site plan approval process. Mr. Stiles noted that due to the problems encountered in some previous site plan approvals, this amendment was proposed in order that site plans must meet the ordinance requirements and be presented to the Planning Commission for approval. There was no public comment. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve an Ordiannce amend- ment to amend the Frederick County Code, Chapter 21, Zoning Adopted July 12, 1978, to amend Article I, Section 21 -1 as follows: Section 21 -1. Accessory Use or Structure A subordinante use or structure customarily incidental to and located upon the same lot occupied by the main use or build- ing. On bonafide operating farms, temporary or permanent hous- ing for farm workers actively working on the farm or tenants shall be considered an accessory use and structure. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, 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 XVII, SECTION 21 -145 BY THE DELETION OF (a) APPROVED Mr. Riley presented this request for ordinance amendment stating that the purpose of the amendment was to remove a conflict in the site plan approval process. Mr. Stiles noted that this amendment would require all site plans to meet ordinance requirements and would then be approved by the Planning Commission. There was no public comment. Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve an ordinance amend- ment to the Frederick County Code, Chapter 21, Zoning Adopted 201 July 12, 1978, to amend Article XVII, Section 21 -145 by the deletion of (a): DELETE - Section 21 -145 (a) - Any development of two acres or less shall submit a site plan as required by the agent, but is otherwise exempt from the requirements of this article. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. FREDERICK MALL LAND TRUST - B -2 to R -6 CONTAINING 9.63 T n D D C _ r T T MD Q DnDn M T r T Q M A D T T i. n T C MD T rM - A D D DnVF n Mr. Riley presented the rezoning request of Frederick Mall Land Trust and stated that the Planning Commission, by a majorit vote, recommended approval of the request. Mr. James Anderson appeared before the Board representing Frederick Mall Land Trust stating that they have sought and received all necessary approvals. He noted that water and sewer are available at the site and it is near the new High School. Mr. Anderson stated that multi - family units at this site would an assest to the County and requested approval of the rezoning request. Mr. Stiles noted that this rezoning request had been pro- f cessed in accordance with the specific recommendation of the Planning Commission in conjunction with the Comprehensive Re- zoning of the County. Mr. Stiles stated that he felt multi - family development in this area would be fulfilling the County's obligation relative the requirement set forth in the Federal Grant which had been received by the County. There followed a brief discussion regarding access to the property and the added congestion to the highway traffic in the area. Mr. Koontz advised that this is already a congested area and he was concerned about the additional traffic. Mr. White noted that this is a rezoning request and he did not feel it was appropriate to discuss low income factors. He added that it might be appropriate at a site plan approval re- quest. Mrs. Maddox noted that she had had some reservations con- cerning this request but that the Planning Commission will be 2 ©2 working and addressing this situation in the County and after much thought and deliberation she would move for the acceptance of the Planning Commission's recommendation. Mr. Sam Lehman appeared before the Board and requested that the Board give serious consideration to multi- family, low income housing in the County, inasmuch as he felt it would place an added burden on the taxpayers in the County. Upon motion made by Rhoda W. Maddox and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve rezoning application No. 010 -80 of Frederick Mall Land Trust to rezone 9.63 acres from B -2 to R -6, located east of Fox Drive, approximately 2,000 feet south of Rt. 522 north, in the Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Aye - Will L. Owinqs, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. Nay - S. Roger Koontz. C HEARING - ANNUAL REVIE OF SIX Y EAR ROAD IMPROVE- Mr. Riley reported that in accordance with the Virginia Department of Highways and Transportation requirements and the Code of Virginia, Section 33.1- 70.01, a public hearing is required for annual review of the six year road improvement plan for the County. Following a brief discussion the Board set the date of March 25 for said hearing. RECOMMENDATION THAT USE PERMITS 75 F EE BE CHARGED FOR CONDITIONAL Mr. Riley presented a recommendation that conditional use permit fees be established at the rate of seventy -five dollars ($75.00) to cover the cost of advertising and postage. Mr. Stiles objected to this recommendation stating that he felt that this was another example of where the County imposes restrictions on homeowners wherein fact the County should bear the cost. There followed a brief discussion regarding this recommenda- tion wherein several Board members stated that they felt the 203 homeowner was the beneficiary inasmuch as he was being allowed t conduct a business in his home without the overhead expenses. Upon motion made by R. Thomas Malcolm and seconded by Rhoda W. Maddox, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the recommendation that conditional use permit fees be established at the rate of seventy -five dollars ($75.00). The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. STATUS OF LARGE LOT SUBDIVISION AMENDMENT DISCUSSED Mr. Riley presented the following memorandum to the Board regarding the status of large lot subdivision amendment: M E M Q. R A N D U M TO: Frederick County Board of Supervisors FROM: John R. Riley, Director SUBJECT: STATUS OF LARGE LOT SUBDIVISION AMENDMENT This memorandum is to inform you of the status of the Large Lot Subdivision Amendment proposal that was tabled on January 14, 1981 and referred back to the Planning Commission for further study. The Planning Commission has met with the public on January 22, a the Gainesboro Fire Hall and on January 27, at the Planning Commission work session to further discuss the Amendment as proposed. The Planning Commission decided on January 27, to advertise for Public Hearing the Large Lot Subdivision Amendment The Public Hearing will be held on February 18, at 3:00 P.M. Upon conclusion of the Public Hearing, the Planning Commission will present to the Board of Supervisors its findings and recommendations regarding the Large Lot Subdivision Amendment. Unless otherwise indicated, the Public Hearing date for the Boar of Supervisors would fall on March 11, 1981. If the Board has any concerns regarding the attached amendment proposal or would like to make any further request to the Planning Commission regarding this matter, please do not hesitate to contact this office. JRR :bjs Following a brief discussion the Board concurred that the date of March 11 would remain as the public hearing date on the proposed amendment. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by Rhoda W. Madddox and passed unanimously, the Board retired into Executive 204 Session in accordance with Section 2.1 -344, Subsections (a)(1) and (a)(6), to discuss legal and personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, the Board reconvened into Regular Session. PERSONNEL DIRECTOR POSITION NOT TO BE FILLED AT THIS TIME Upon motion made by William H. Baker and seconded by Rhoda W. Maddox, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the position of Personnel Director not be filled at this time and be referred back to the Personnel Committee for consideration and recommendation. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. visors- lerk Board of Supervisors