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April 10, 1974
3.� G At a Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the 10th day of April, 1974, in the Frederick County Court Room, Winchester, Virginia PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. APPOINTMENT OF ROAD VIEWE The following road viewers were appointed by the Board to represent the magisterial I 1 districts in the 1974 road viewing. Back Creek Magisterial District Stonewall Magisterial District Gainesboro Magisterial District Opequon Magisterial District - James Swing - Arthur L. Bragg - E. W. Adams, Jr. - Frederick M. Gore Shawnee Magisterial District - Raymond L. Bucklew DOG WARDEN - REPORT AND CLAIMS - APPROVED Mr. Harold Whitacre, Frederick County Dog Warden, appeared before the Board and pre- sented his monthly report. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following claims for livestock kills: 1. Ralph Myers - Opequon District - 2 lambs at $20.00 each 2. George Giles - Shawnee District - 1 calf at $50.00 3. Joe Manuel - Gainesboro District - 7 ewes at $20.00 each 4. Dr. Mark McHale - Shawnee District - 4 ewes at $10.00 each and 2 lambes at $10.00 each 5. Winston Huffman - Opequon District - 1 ewe at $25.00 The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. APPROVAL OF BILLS Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does APPROVAL OF PA Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, herein approve the bills for the month of March, 1974, in the amount of $103, 525.70 and does order the same paid by Warrants 111350 through 111536. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Nay. Mr. Madigan stated the he had voted no on the payment of the bills in view of the fact that a $22,000 bill for the Sanitation Authority had been included. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the payroll for the month of March, 1974, in the amount of $46,964.04 and does order the same paid by Warrants 111258 through 01261. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. MWM 331 APPLE BLOSSOM FESTIVAL REQUEST - APPROVED Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein grant permission to the - Shenandoah Apple Blossom Festival Committee to use the County plaza for amusement rides and concessions during the festival, May 1st through , May 5th, 1974, provided that no stakes are driven into the asphalt and further that the Apple Blossom Festival Committee shall assume full responsibility for any and all damage done to the Plaza. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. > AN ORDIANCE TO AMEND CERTAIN PLATS OFWILDE ACRES (MOUNTAIN FALLS PARK FIRST AND SECOND READING - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on first and second reading, the following ordinance: AN ORDINANCE TO AMEND CERTAIN PLATS CONTAINING LOTS, BLOCKS AND SECTIONS OF WILDE ACRES SUB- DIVISION, OTHERWISE KNOWN AS MOUNTAIN FALLS PARK, LOCATED IN BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. RESOLUTION OF VACATION AND REDEDICATION - MOUNTAIN FALLS PARK - APPROVED ' Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, WHEREAS, Mountain. Falls Park, Inc., a Virginia corporation, caused to be placed on record a certain deed of dedication which is dated September 14, 1973, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 417, Page 418, and thereafter a Deed of Vacation and Rededication dated September 21, 1973, before the sale of any lots was made pursuant to the recommendations of the surveyor, which is of record in said Clerk's Office in Deed Book 418, Page 481; and, WHEREAS, According to the recommendation of the surveyor it is now desirable to vacate said plats and rededicate the plats as provided in a Deed of Vacation and Rededi- cation dated January 10, 1974, by Mountain Falls Park, Inc. and all of the owners of lots in said subdivision; and, , WHEREAS, The same has been submitted to the Board of Supervisors of Frederick County, Virginia, pursuant to the provisions of Section 15.1 -482, Subsection (a) for its approval. NOW, THEREFORE, BE IT RESOLVED, That it appearing to the Board of Supervisors that there is no just reason why the previous deeds of dedication and plats should not be vacated and rededicated accordirg to the instrument dated January 10, 1974, signed by all ' of the lot owners in said subdivision pursuant to the provisions of Section 15.1 -482 of the Code of Virginia, the Board of Supervisors of Frederick County, Virginia, do hereby give their approval of such vacation and rededication as set forth in the instrument of the developer and owner of said subdivision and the owners of all lots in said subdivison for the purposes of having the same recorded among the land records of Frederick County, Virginia. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. REZONING APPLICATION - JOSEPH EDWARD , CHESHIRE- APPROVED ' Mr. Cheshire appeared before the Board in support of his petition for rezoning and stated that he plans to use the property for a business dealing with the sale of modular and pre built homes. i Mr. Hodgson asked if this would be a mobile home sales and Mr. Cheshire stated they Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, 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 ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 13.70 ACRES, MORE OR LESS OF JOSEPH EDWARD CHESHIREj ET UX, LOCATED x ABOUT THREE AND ONE HALF (3 1/2) MILES EAST OF WINCHESTER ON THE NORTH SIDE OF ROUTE 50 EAST, IN SHAWNEE MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -2) TO BUSINESS, GENERAL (B -2) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. ' they were not setting it up as such at this time. I Mr. There was no opposition to this rezoning application. Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole, 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 ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 13.70 ACRES, MORE OR LESS OF JOSEPH EDWARD CHESHIREj ET UX, LOCATED x ABOUT THREE AND ONE HALF (3 1/2) MILES EAST OF WINCHESTER ON THE NORTH SIDE OF ROUTE 50 EAST, IN SHAWNEE MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -2) TO BUSINESS, GENERAL (B -2) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. ' Madigan, Aye. JOHN PICKERAL ADDRESSES BOARD REGARDING THE A -2 CLASSIFICATION OF THE FREDERICK COUNTY ZONING ORDINANCE Mr. John Pickeral appeared before the Board representing a delegation of citizens who were opposed to certain provisions set forth in the Zoning Ordinance of Frederick County. He stated that his delegation was of the opinion that residential development should be removed from this category and residential development should only be allowed when the property has been rezoned through the proper channels. He stated that small developments scattered throughout the agricultural areas of the County would be very detrimental to the agricultural use of the land surrounding these developments. He suggest- ed that a moratorium be enacted prohibiting any residential development in A -2 districts un- til such time as the Board of Supervisors can rewrite the A -2 Classification of the Zoning Ordinanceto exclude residential development. Mr. Cole asked Mr. Pickeral if he was a resident of the County and Mr. Pickerral stat- J ed that he was a resident of the City of Winchester but had maintained and operated a farm in the county for a number of years. Mr. Sandy thanked Mr. Pickeral for his presentation to the Board. Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, u BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein refer the request of Mr. John Pickeral, and the delegation of citizens represented by him, for a revision of the A- 2Classification of the Zoning Ordinance to exclude residential development to the Planning Commission for study and recommendation. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Nay. G o TAX REFUNDS - APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following tax refunds as recommended by the Commissioner of Revenue) 1. Gelco Leasing Company - $82.33 - Taxes erroneously paid. 2. Mr. Cloys Ivie - $37.00 - Taxes erroneously paid. 3. Mr. and Mrs. Phillip Ramey - $55.50 - Taxes erroneously paid. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. KEITH WILLIAMS - REAPPOINTED TO PLANNING COMMISSION Upon motion made by Donald R. Hodgson and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein reappoint Mr. Keith Williams to a four year term on the Frederick County Planning Commission said term to expire in April, 1978. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CONSTITUTIONAL OFFICERS REPORTS - ACCEPTED After review the reports of the Constitutional Officers were accepted by the Board. DEPARTMENT HEADS REPORTS - ACCEPTED After review the reports of the Department Heads were accepted by the Board. CK COUNTY INDUSTRIAL AUTHORITY REQUEST FO A P PR OVA L 'ER AND SEWER LINE LOC ATIONS - WITHDRAWN Mr. Sandy stated that the request of the Winchester- Frederick County Industrial Development Authority for approval of future water and sewer line locations had been with- drawn prior to the meeting, and would be resubmitted to the Board at a later date. SUBDIVISONS Stonebrook Farms, Section II - Final Plat - Approved Mr. Berg presented the plat of Stonebrook Farms stating that it had been approved by the Planning Commission before the new zoning ordinace was adopted. He stated that Section II contains ten lots and when Section III is submitted for approval it will have to comply with the new zoning ordinance. Mr. Cole asked if any more subdivisons would be brought before the Board under the old zoning ordinance and Mr. Berg stated that there would be one more subdivison under the old ordinance. Upon motion made by Richard F. Madigan and seconded by J.Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the final plat of Stonebrook Farms, Section II containing ten lots, located in Back Creek Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; •Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Senseny Heights - Plat Revision - Approved Mr. Berg presented the plat of Senseny Heights stating that at the time thesubdivisior had been platted, there was some difficulty with easements and subsequently two easements had been platted on Lot No. 2. 1 J Ado Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, does herein approve the plat revision of Senseny Heights Subdivison located north of Senseny Road in Shawnee Magisterial District, said plat revision setting forth two easements on Lot No. 2. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; ' J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. SITE PLANS - APPROVED C. & S. Bank - Approved: Mr. Berg presented the site plan for the C. & S. branch bank to be located on Senseny Road. ' Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the site plans for the C. & S. branch bank to be located on Senseny Road adjacent to the Country Store in Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye; and Dennis T. Cole Abstaining. Sunnvside Mall - Site Plan - Approved: Mr. Berg presented the site plan for Sunnyside Mall located off Rt. 522. Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the site plan of Sunnyside Mall to.be located at the intersection of Rt. 522 and Fox Drive in Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, ' Aye. PUBLIC HEARINGS Rezoning Application - Howard O. Meuche and Gates B. Odence - Approved: Mr. Douglas Swift appeared before the Board representing the petitioners in this request for rezoning and stated that the proposed use of the property would be a sawmill and wood produce finishing and assembly operation and would be developed by Mr. Clinton Ritter, Sr. He explained the proposed development and operation of the business and its benefit to the County. There was discussion as to whether or not an operation of this type would be in conflict with the proposed park to be located in the area. Mr. Swift stated that the operation would be divided from the park land by a buffer zone and the road constructed into the sawmill could serve as an entrance road to the proposed park. Mr. Madigan asked if this could be a portable sawmill inasmuch as sawmills of this type are allowed in the A -1 District. He further stated that he did not like to rezone property from A -1 to M -2 because he felt this would set a precedent for other requests for rezonings from A -1 to M -2. Mr.. Clinton Ritter, Sr.,appeared before the Board and stated that this could not be considered a portable sawmill but was a permanent operation. He further stated that the ' property surrounding the location was not suitable for industrial development. Mr. Cole stated that considering Mr. Ritter's contributions to the County and con- sidering his standing in the community, he did not feel there would be any problem with his operation of a sawmill in this area. - Mr. Russell asked Mr. Ritter if he would agree to allow the County to have an access k road through his property to the park property and-Mr. Russell'stated that he would be ' v. agreeable to this and would dedicate a 50 foot right -of -way to the County should the Board so desire. There was no opposition to this rezoning application. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick doesiherein approve the following ordinance on third and final reading with the stipulation that an access road be provided to the County through the subject property to the county property located adjacent to said property: - — _- 9" 3q1 AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 20.66 ACRES, MORE OR LESS, OF HOWARD 0. MUECHE AND GATES B. ODENCE, LOCATED ON THE NORTH SIDE OF ROUTE 50 WEST, AND SITUATED EAST OF ITS INTERSECTION WITH THE WINCHESTER AND WARDENSVILLE RAILROAD, IN GAINESBORO MAGIS- TERIAL DISTRICT : FROM AGRICULTURAL, LIMITED (A -1) TO INDUSTRIAL, GENERAL (M -2). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. i�i'e73 IN A -1 DISTR & RECOMMENDAT Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein refer the use of portable sawmills in the A -1 District to the Planning Commission for study and recommendation. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Rezoning Application - Frederick County Fruit Growers Assocation - Approved: Mr. Joe Dorsey, past president of the,-'Frederick County Fruit Growers Assocation, appeared before the Board in support of this application for rezoning. There was no opposition. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve on third and final reading the following ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 27:.84 ACRES, MORE OR LESS, OF FREDERICK COUNTY FRUIT GROWERS' ASSOCATION, INC., LOCATED ON THE WEST SIDE OF ROUTE 522 NORTH ADJOINING THE NORTH CORPORATE LIMITS OF THE CITY OF WINCHESTER, VIRGINIA, IN GAINESBORO MAGIS- TERIAL DISTRICT; FROM BUSINESS, GENERAL (B -2) AND RESIDENTIAL, GENERAL (R -3) TO AGRICULTURAL, LIMITED (A -1). The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye Richard F. Madigan, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and J. Robert Russell, Abstaining Establishment of Section 2 -1 -22F Housing for Agricultural Worker - Approved: Upon motion made by Richard`F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors does herein approve, on third and final reading, the following ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO ESTABLISH SECTION: 2 -1 -22 F. Housing for Agricultural Workers The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Richard F. Madigan, Aye; Dennis T. Cole, Aye; Donald R. .Hodgson, Aye; and J.. Robert Russell, Abstaining. REQUEST FOR VACATION OF MAPLE STREET: AIKENS SUBDIVISION - DENIED Mr. Dickey Rabun appeared before the Board representing Mr. Linden DeHaven in his petition to vacate Maple Street in the Aikens Subdivision in Stonewall Magisterial District. Mr. Raymond McMillan appeared before the Board in opposition to this rezoning and presented a petition signed by several residents in the area. He stated that the re- sidents in the area were opposed to this vacation inth'at. Maple Street be vacated, they would have access to their property through Elm Street only. Mr. Preston Walker, President of Clearbrook Industrial Park, appeared before the Board in opposition to the petition to vacate Maple Street. He presented plats showing the existence of this street as an access road to 21 acres of property which he owns behind the Aikens Subdivision. He further stated that he now has two prospective purchasers for the sale of this property and the said street was necessary as an access, road to the property. Mr. Walker stated that he had purchased the property thinking that Maple Street was an access road into the property and that should the street be vacated it would virtually destroy the value of his property. Mr. Rabun stated that Mr. DeHaven owns almost all of the property abutting Maple Street and the residents of Aikens Subdivision have no need of this street to provide J am 3Aj$z ingress and egress to their property. Upon motion made by Denn BE IT RESOLVED, That the deny the request of Mr. Linden and June E. Aikens Subdivision The above resolution was J. Robert Russell, Aye; Dennis Aye. is;.T. Cole and seconded by J.Robert Russell, Board of Supervisors of the County of Frederick does herein DeHaven for the vacation of Maple Street in the Harry W. located in Stonewall Magisterial District. passed by the following recorded vote: Raymond C. Sandy, Aye; T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F.Madigan, CONDITIONAL USE PERMITS X H. Ray VanDyke - Mobile Home and Modular Home Development - Denied Mr. Berg presented the application for conditional use permit of H. Ray Van Dyke and described the proposed plan for the mobile home park to be located on the property. Mr. Van Dyke appeared before the Board and stated that he plans to construct a very sophisticated trailer park as recommended and approved by the Urban Commission on Urban Development and the Mobile Home Association. He described the proposed trailer park giving details on the water and sewer facilities, the roads and the recreational facilities. He further stated that the park would provide low cost housing for residents of Frederick County which is desperately needed. Mr. Eugene Gunter appeared before the Board representing Mr. Van Dyke and stated that a conditional use permit for the property had been obtained, as evidenced by a letter from Mr. Esten O. Rudolph, Commissioner of Revenue, dated August 10, 1971. He stated that the request for conditional use permit was being made inasmuch as the Department of Planning and Development had requested that this be done inasmuch as the plans for the property were not exactlyythe same as they were in 1971. He further stated that the present plan is an improvement over the plan approved in 1971 and that the plan had been presented quite thoroughly to the Planning Commission, and had been approved by that body. Mr. Gunter stated that a contract had been entered into with the Sanitation Authority with regard to the central sewerage system for the trailer park, giving the Sanitation Authority an option to take over the operation of the system or to leave it to the park operator. He further stated that approval of this plan had been received from the State Water Control Board. Mr. Sandy stated that the original permit, ldated:Septembeu 14r,:.1970.;oapproved consid- erably less lots than this permit would approve. Mr. Gunter stated that the original permit for 173 lots had been approved on September 14, 1970, and that subsequently a second permit had been approved in 1971 as evidenced by the letter from Mr. Rudolph, to allow additional lots. He further stated that Mr. Rudolph had advised him that the letter granting the conditional use permit was written following action taken by the Board at a meeting immediately preceding the date of this letter. There was discussion as to why the approval of this conditional use permit was not recorded in the minute books. Mr. Gunter again stated that the letter dated August 10th was written on authority of action taken by the Board at a meeting on August 9, 1971 and that the minutes were not recorded in 1971 in the manner that they are now recorded and that many things were not recorded as part of the minutes during that time. Mr. Sandy stated that he felt he could base the validity of a question of this magnitude on what is reflected in the minute Books_ Mr. Cole called for a point of order stating that the time limit set by the Board for presentation of a matter had been exceeded. Mr. Lou Costello appeared before the Board representing Mr. T. G. Adams and stated that in 1970, under the ordinance in effect, a conditional use permit was granted on this property at the time it was under option and subsequently the option was exercised, at a purchase price of approximately $47,000 for this property and an adjacent tract, based on the conditional use permit. He further stated that on August 10, 1971, the Board's agent Mr. Rudolph,cladvised that an amendment to the conditional use permit had been approved. He stated that the amendment was not required under the previous ordinance nor the present ordinance. He further stated that in 1971 and 1972 expenditures had been made in the pursuit of the development of this property under the conditional use permit. He stated that the purpose of a conditional use permit was to permit a use in a given area. Mr. Costello stated that a conditional use permit, once funds are expended, constitutes a vested right in the land owner and runs with the land. He further pointed out that a conditional use permit had been granted on this property and it would not be fair to withdraw the permit once funds have been expended on the property. Mr. Costello stated that this was an improved plan and had been approved by the Planning Commission. Mr. Sandy stated that the conditional use permit approved had been for 173 lots. Mr. Costello stated that the conditional use permit runs with the land and covers the use of the land. Dr. Muriel Brown appeared before the Board representing several residents in the area who were opposed to this application. She presented the following summary, prepared by a committee representing the residents in opposition: For: The Frederick County Board of Supervisors Subject: Opposition to the proposal to build a 450 'unit mobil home court and recreation park in the Pine Hills to be known as Forest Hills Estates. Gentlemen: We come to you as neighbors and friends to tell you how much we oppose Mr. Van Dyke's proposal to develop this commercial project in the location selected for it. The material we wish to present has been prepared by a committee elected at a citizens' meeting, held April 5, 1974. Committee members are Joseph Athey, Guy Conner, Mason Larwood, Louis Stelzl, and Muriel Brown, Chairman. Our principal objections to this project are as follows: 1. The drive to get it underway without the environmental impact study which, we understand, the new Virginia Constitution requires in such cases. 2. The threat of such an upstart development on long -range plans for the future of our County. 3. Interference with our water supply. 4. The fire hazard. 5. Hazards to public safety on the access roads. 6. The possible overloading of the electric power systems that supply heat and light for homes, businesses, and industries in the county. 7. The inevitability of higher taxes to pay for what the project would cost us, over and above what it might bring in as a new source of revenue. We. are developing other objections and will be glad to present these to you at another time. Respectfully submitted for the Drafting Committee by /s/ Muriel W. Brown Muriel W. Brown Route 1, Boxx268 Stephens City, Virginia 22655 April 10, 1974. Dr. Brown then explained each of the objections listed in the foregoing statement. Reverend Josiah Andrews appeared before the Board and stated that the oposition had obtained 125 signatures on the petitions opposing this proposed trailer park. Mr. Van Dyke appeared before the Board in rebuttal and gave a brief resume of the planned development stating that it would provide low cost housing and that insofar as a fire hazard is concerned, there would be a security guard on duty twenty -four hours a day and they would have their own fire - (equipment. He further stated that the sewage treatment plant planned for the development would discharge water which is 97% pure. There followed a lengthy discussion as to the impact on the schools and taxes which could be generated by a development of this size and the possible effect the development would have on the water supply in the area. Mr. Gunter requested, on behalf of his client, that Mr. Sandy and Mr. Madigan abstain from voting on this issue inasmuch as they have participated in public and non - public meetings and have helped to organize these meetings and have given direction to the opposition. He further stated that he felt the votes of Mr. Sandy and Mr. Madigan had beer determined before attending the meeting tonight. Mr. Sandy stated that he would not abstain from voting inasmuch as he had not organ- ized the meetings; that he had been asked to attend and present the facts. He stated that he was the representative for Opequon District and as such would cas his vote on this issue. Mr. Madigan stated that he had attended the meetings by invitation only and had been visited at his home by several residents concerning this matter. He further stated that he was the representative for Back Creek District ans as such he would cast his vote on this issue. Ut 3'y y Mr. Costello appeared before the Board and stated that the position taken by Mr. Gunter and his client was not the position of he and his client, Mr. T. G. Adams, and that he had every confidence the Board would consider this matter carefully and render a fair decision. He then stated that' position that he and-'his client held was that presented ' earlier to the Board. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the pplication for conditional use permit of H. Ray Van Dyke, to construct ' a mobile home and modular home development to be known as Forest Lake Estates, in Opequon Magisterial District. The above resolution was passed by the following recorded vote: Donald R. Hodgson, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Raymond C. Sandy, Aye. unty Fruit Growers' Assocation - Construction of using for Agricultural Workers - Aooroved: Mr. Berg presented this request for conditional use permit stated that it would allow the construction of housing for agricultural workers. There was no opposition. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein ' approve the application for conditional use permit of the Frederick County Fruit Growers' Association for the construction of housing for agricultural workers on the west side of Rt. 522 North just northwest of the corporate limits of the City of Winchester, in Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Richard F. Madigan, Aye; and J. Robert Russell, Abstaining. Earl Haines - Condtional Use Permit - Approved Mr. Sandy read the application of Earl Haines for a conditional use permit and stated that the Planning Commission recommends approval. There was no opposition to this appli- cation. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, ' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the application for conditional use permit of Earl Haines to construct a new office building and storage room on property located on Route 7 in Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; ' J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan Aye. Mike and Susan Kilijian - Conditional Use Permit - Approved Mr. Sandy read the application of Mike and Susan Kilijian for a conditional use permit and stated that the Planning Commission recommends approval. There was no opposition. Upon motion made by Donald R. Hodgson and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the application for conditional use permit of Mike and Susan Kilijian to conduct part -time freelance commercial photography and art work in their home located on Lot #7, Section 4 of Green Acres Subdivison in Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Marshall Ritter - Conditional Use Permit - Approved Mr. Sandy read the application for conditional use permit of Marshall Ritter and r stated that the Planning Commission recommends approval. There was no opposition to this application. Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does here approve the application for conditional use permit of Marshall Ritter to construct a mobile home park (Family two (2) spaces) on his property located on Route 642 in Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. George E. Whitacre and Thomas Lineburg - Conditional Use Permit Approved Mr. Sandy read the application for conditional use permit of George E. Whatacre and Thomas Lineburg and stated that the Planning Commission recommends approval. There was no opposition to this application. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does ©. herein approve the application for conditional use permit of George E. Whitacre and Thomas Lineburg to construct a mobile home.park consisting of two (2) spaces on their property located on the north side of Route 50 West approximately 1/8 mile before the intersection with Route 704 in Gainesboro Magisterial District. .The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye. J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. this application. Madigan, Aye. Anita Myers - Conditional Use Permit - App rov e d: Mr. Sandy read the application for conditional use permit of Anita Myers and stated that the Planning Commission recommends approval. There was no opposition to Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does hereii approve the application for conditional use permit of Anita Myers to construct a two (2) space mobile home park on her property located in Brucetown on Route 667 in Stonewall Magisterial District. The above resolution was passed by the following recorded vote: Raymond C.. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. CONDITIONAL USE PERMIT POLICY - APPROVED Mr. Madigan read the conditional use permit policy in full and stated that the policy had been recommended by the Department of Planning and Development. Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, 1 3�6 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the following Conditional Use Permit Policy: 1. In A -1, A -2, B -2, R -1,, R -2, and R -3 areas where Planning Commission review is not required by the zoning ordinance, the permits will be acted upon by the whole Board, with zoning approval required for passage gust as it is required on a building permit. ' 2. All M -1 and M -2 permits will be reviewed by both the Planning Commission and the Board of Supervisors. 3. The staff is to interpret the requirements for Conditional Use Permits to be for new uses and not for the expansion of existing permitted uses, except where specifically required. The above resolution was passed by the following recorded vote: Raymond C. Sandy, ' Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. SUPPLEMENTAL APPROPRIATION - LEGAL FEES FREDERICK - WINCHESTER SERVICE AUTHORITY - APPROVED: Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that a supplemental appropriation is hereby approved for the fiscal year 1973 -1974 in the amount of $1,262.20; said funds to be used to render payment for the legal fees necessary for the incorporation of the Frederick - Winchester Service Authority. The above resolution was passed by the following recorded vote: Raymond�,C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. I BOARD OF ASSESSORS' - RATE OF $35.00 PER DAY - APPROVED: Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein set the salary rate for the local Board of Assessors at the rate of $35.00 per day. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. RESOLUTION - DISCLOSURE OF REAL ESTATE HOLDINGS - APPROVED PENDING ENACTMENT INTO LAW BY THE COMMONWEALTH OF VIRGINIA Mr. Madigan presented a resolution providing for the disclosure of real estate holdings by members of the Board of Supervisors, Planning Commission and Board of Zoning Appeals. He moved for the approval of this resolution. Mr. Hodgson seconded the motion for purposes of discussion. ' Mr. Sandy stated that the bill on disclosure of real estate holdings had been approved by the Virginia House of Delegates and the Virginia Senate but had not been signed into law by the Governor. Mr. Cole stated that he felt this resolution should be delayed until such time as it is enacted into law by the State and he moved to amend the motion by Mr. Madigan to so ' read. After discussion, Mr. Hodgson withdrew his second to Mr. Madigan's motion. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that all members of the Board of Supervisors, the Planning Commission, and the Board of Zoning Appeals, of Frederick County, Virginia, shall make annual dis- closures of all their real estate holdings in Frederick County, as well as their hold ings in any corporation, partnership or any other business association whose primary pur- pose is to own or develop real estate in Frederick County, such annual disclosures to be filed in the Office of the Clerk of the Circuit Court of Frederick County; and, 3�t7 BE IT FURTHER RESOLVED, That this resolution shall become effective at such time as the Disclosure of Real Estate Holdings shall be enacted into law by the Commonwealth of Virginia. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. I Madigan, Aye. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Sec Board of Supervisors Chai Bd. of Supervi rs It