April 24, 1974 to June 26, 1974X7f7CIHC
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At a Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, held on April 24,
1974, in the Frederick County Courthouse, 9;iCourt Square, Winchester, Virginia.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; Donald R. Hodgson;
and Richard F. Madigan.
ABANDONMENT -ROUTE 751 - APPROVED
Mr. Renalds stated that this abandonment had been duly advertised and no opposition had been received.
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 abandon altogether
as a public road the following, in accordance with Section 33.1 -151 of the Code of Virginia (1950) as amended:
Route 751 in Gainesboro Magisterial District from Route 7n3 eastward, a distance of 0.3 mile.
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.
OF THE FREDERICK
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 approve, on first
and second reading, the following ordinance:
ORDINANCE TO AMEND SECTION 19 -1 -2 OF THE FREDERICK COUNTY
"....One of the five (5) appointed
members may be an active member of
the Planning Commission."
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.
ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING
ORDINANCE ADOPTED NOVEMBER 1, 1973
TO ADD SECTION 13 -1 -24
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 first
and second reading the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING C
a .......n.e..w .v.. rc.,,0 c.0 1 10Y1 T AIM CVl TnW.
13 -1 -24 Smelting and heat processing
to dry agricultural products
or to recycle rubber, metal
and glass.
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 ORDI NANCE TO AMEND THE FR EDERICK COUNTY ZONING
ADOPTED NOVEMBER 1, 1973 TO REZONE 2,000 FT. OF THE
IBERTY OF JOSEPH A. HUGHES IN STONEWALL MAGISTE
DISTRICT AND THE PROPERTY 7n0 FEET EAST OF
ON ROUTE 277 IN OPEQUON MAGISTERIAL
Upon motion made by Ridhard F. Madigan and seconded by Donald R. Hodgson,
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:
The area in Stonewall Magisterial District
bounded by Interstate 81 on the West; on the
North by Joseph F. Hughes and Compare,.; and
bordering Route 7 on the South for a distance
of 2,500 feet; from Business,
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Limited (B -1) to Business, General (B -2).
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The property 700 feet East of Interstate 81
on Route 277 in Opequon Magisterial District;
bounded by Plymn Owens Estates on the North;
Virginia Department of Highways on the East;
and consisting of 4.4 acres; from Residential,
General (R -3) to Business, Limited (B -1).
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 ORDINANCE TO AMEND CERTAIN PLAT
OF MOUNTAIN FALLS PARK
Mr. Joseph P. Massie appeared before the Board on behalf of thg petitioner stating
that the original survey of the property contained several errors and that prior to the
latest survey the individual lot owners were not sure of their boundary lines. He also
stated that the concrete marking system had been established as another means of lot
identification.
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 on first and second reading the following ordinance:
AN ORDINANCE TO AMEND CERTAIN PLATS
CONTAINING LOTS, BLOCKS AND SECTIONS OF
WILDE ACRES SUBDIVISION, 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.
REQUEST FOR LADIES REST ROOM FACILITIES
FOR DOWNTOWN AREA
Mrs. Courtney Bragg of the Frederick County Extension Homemakers Club appeared before
the Board to request that the ladies rest room facilities downtown be reopened. Mrs. Bragg
stated that the Home Demonstration Clubs had furnished this facility with furniture, drapes,
etc. and that the clubs, as a whole, felt that there was a definite need to have ladies
rest room facilities downtown.
Mr. Sandy stated that the former facilities had been converted into an office for the
soil scientist, and that he, Mr. Renalds and another board member had discussed remodeling
,the two rest room facilities under the Court House as the counties donation to the Loudoun
.Street Mall. Mr. Sandy told Mrs. Bragg that the Board would take this matter under advise-
ment.
Vacation of Plats - Echo Village Section 5 Lots 20 -26
Approved
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Mr. Joseph P. Massie appeared before the Board requesting the vacation of plats of
Echo Village, Section 5 containing lots 20 thur 26. He stated that the owner, Mr. T. G.
Adams plans to merge certain of these lots in order that a building permit might be obtained
to build four duplexs.
Mr. Madigan made the motion that this should go back to the Planning Commission in order
that the commissionmight give their recommendation to the Board since it may be changing
the characteristics of that area. This motion died for lack of a second.
Mr. Massie stated that this area had already been zoned multi - family and this would
be conforming with the zoning.
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 does herein
approve the vacation of Section 5, Lots 20 -26 in Echo Village Subdivision.
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 "Nay"
Resolution to Vacate Plats - Brookland Heights
Subdivision - Approved
Mr. Jim Largent appeared before the Board of Supervisors on behalf of the petitioners
v: -..i
to vacate plats of Brookland Heights Subdivision.
Mr. Cole asked if, in order to have this area changed from R -2 as it is now to R -3,
it would have to be rezoned. Mr. Berg stated it would.
Mr. Sandy stated that in order to comply with the ordinance he felt the petitioners
should go back to the Planning Commission, have the property rezoned, and then come back
to the Board with the plans. He further stated that in best interest of the County he
felt it best to run it back thur and get everything current according to the ordinance.
Mr.. Largent stated that they had been at work for about seven months on this project
and that it would create a real hardship if this request was referred back to the Planning
Commission.
Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole,
WHEREAS, a plat of subdivision of Brookland Heights was recorded in the Clerk's
Office of the Circuit Court of Frederick County, Virginia in Deed Book 377, Page 591; and,
WHEREAS, there was no dedication of streets, and all of the lots were three acres
or more in size; and,
WHEREAS all of the lot owners of Brookland Heights Subdivision holding record title
in fee simple have joined in the execution of a deed of vacation dated February 26, 1974
which deed has been duly recorded in the aforesaid Clerk's Office.
BE IT RESOLVED: That upon consideration of the deed of vacation executed by all lot
owners holding record title in fee simple; the recordation of said deed of vacation; the
fact that no streets were dedicated; and that all lots were three acres or more in size,
the Board of Supervisors of Frederick County, Virginia hereby consents to the vacation
of the Plat of Subdivision of Brookland Heights, of record in the aforesaid Clerk's
Office in Deed Book 377, Page 591.
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. Madiga
Aye.
AMENDMENT TO WATER & SEWER ORDINANCE
THIRD AND FINAL READING
I APPROVED:
Mr. Madigan read the ordinance in full.
Mr. Renalds requested that Section 2 -6.11 be added to the ordinance with reference
to non - metallic pipelines in accordance with state regulation. The Board agreed to this
addition.
II There was no opposition to this ordinance.
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BV IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia
does herein approve, on third and final reading, the following ordiance:
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AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED
"AN ORDINANCE TO REGULATE THE CONSTRUCTION
AND EXPANSION OF CENTRAL WATER AND SEWER SYSTEMS
WITHIN THE COUNTY OF FREDERICK VIRGINIA"
ADD ARTICLE II, SECTION 2 -5.9 (E)
2 -5.9. (E) "polyvinyl chloride (PVC) sewer pipe shall be in conformance with ASTM Standard
D -3034, and only pipe having a wall thickness no less than 1 /35th of the outside diameter,
(standard dimension ratio =:SDR 35) is authorized. Such pipe will, when tested in ac-
cordance with ASTM method D2412, have a stiffness factor of 46 PSI and shall be manu-
factured from plastic compounds rated as Type I, Grade ICIPVC compound as identified in
ASTM Standard D1784.
ADD ARTICLE II, SECTION 2 -6.3. (D)
2 -6 -.3. (D) Installation of PVC sewer pipe will be as stated in ASTM Standard D2321.
Solvent- cemented joints shall be made in accordance with ASTM Standard D2855. PVC sewer
pipe will not be installed immediately in contact with heat - generating pipe, or in tun-
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nels, underground vaults or accesses alongside steam lines or gas lines without proper
insulation or ventilation, or both. PVC sewer pipe should be maintained at ambient
(74 °F) or less. Insulation and ventilation shall be provided to maintain this condition.
PVC sewer pipe will be continously supported in tunnels,vaults, or underground spaces.
PVC sewer pipe connections at manholes: Where the entry or outflow of PVC sewer pipe
is located above the base of the manhole additionalbedding stabilization shall be pro-
vided. Concrete with sufficient reinforcement (attached to the manhole) may be poured
under the lower quadrant of the pipe extending from the manhole into the ditch 36" be-
yond the excavation of the manhole. PVC sewer pipe lengths greater than 20' must be
approved by the County Engineer for the particular physical limitations of the site and
equipment available to the installer.
AMEND ARTICLE III, SECTION 3.8. AS FOLLOWS
Section 3 -8. That all transmission and distribution mains shall be constructed with a
properly prepared pipe bed, free of rock and sh &ll have a minimum of 36 inches of cover
measured from the top of the pipe to the finished grade -of the street at the pipe line
location. Where cover on pipe is of such a depth as to exceed the safe loading cap-
acity of the pipe used, extra thickness pipe shall be used. Installation of PVC pres-
sure pipe will be in accordance with ASTM Standard D -2774 unless the requirements of this
Ordinance are more restrictive. The laying of PVC water pressure pipe in lengths greater
than 20' must be approved by the County Engineer for each construction site where it is
requested. Equipment for handling the size of pipe required must be inspected for suit-
ability and physical limitations of the site and ground conditions will be determined
before granting such authorization. PVC water pressure pipe shall not be installed
'
closer than 20' from pumps or machinery imparting vibration or cyclic motion to the pipe
line. PVC water pressure pipe shall be "snaked" in the ditch if layed in direct sunlight
at times when the pipe's temperature is greater than 74 Snaking shall be interpreted
as alternating,'in natural curvature, from one side of ditch to opposite.
AMEND ARTICLE III, SECTION 3 -10. AS FOLLOWS:
3 -10. Materials and Design
1. That all pipe and fittings shall be on one of the following materials:
(A) Ductile Iron Pipe conforming with AWWA Standard C151.
Pipe and fittings shall have cement - mortar lining conforming to AWWA Standard
C104. Fittings shall conform to AWWA Standard C110. Joints shall be either
push -on or mechanical conforming to AWWA Standard C111 as approved by the
County Engineer.
(B) Cast Iron Pipe conforming to AWWA Standard C106. Pipe and fittings shall have
cement - mortar lining conforming to AWWA Standard C104. Fittings shall conform
to AWWA Standard C110. Joints shall be either push -on or mechanical conforming
to AWWA Standard C111 as approved by the County Engineer.
(C) Asbestos Cement Pipe shall conform to AWWA Standard C400. Fittings shall con-
form to ASA Standard A21.10.
(D) Polyvinyl Chloride (PVC Pipe shall conform to ASTM Standard D2241. Compounds
for PVC pipe shall be Type 1, Grade;I as outlined in ASTM Standard D17$4. Pipe
shall have a minimum Standard Thermoplastic Pipe Dimension Ratio (SDR) of 26 in
accordance with ASTM Standard D2241. Joints for PVC shall be elastomeric gasket
only. No PVC pipe will be used for water main construction should the age of the
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pipe be more than six•.(6) months from the date of manufacture.
2. Design of
(A) Water distribution systems design shall be done by an individual or firm
authorized to do so by the Code of Virginia, 1950, as amended.
(B) In no case shall the pressure ratings of the pipe be less than the following:
(1) Ductile Iron, cast iron, asbestos cement - 150 psi
(2) PVC - 160 psi
(C) All changes in direction and /or branching shall be provided with thrust blocks
as approved by County Engineer. Additional information such as soil bearing'
'
capacity may be required to determine adequacy of design.
ADD ARTICLE II, SECTION 2 -6 PARA. 11:
2 -6.11 Non - Metallic Pipelines - That any pipelihe,�or conduit consisting of a non - metallic
substance and /or not carrying a traceable wire or metallic pipline installed in such a
manner as to provide a.non- continuous pass (reading) to a metal detector, have installed
along with the pipe or conduit a contin_uous metallic trace wire of copper or other trace-
able non - oxidizing metal so as to provide a positive means of location.
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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.
Reappointments Frederick County Industrial Development
Authority
Mr. Renalds stated that the following names have been submitted for reappointment '
to a four year term on the Frederick County Industrial Development Authority: Gene T. Dicks,
Albert W. Loring, Fred L. Glaize, III and Morris W. Perry.
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 reappointment of Gene T. Dicks, Albert W. Loring, Fred L. Glaize,
III and Maurice W. Perry to the Frederick County Industrial Development Authority for a
term of four years.
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.
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 appoint Paul Rhinehart, Jr. to fill the present vacancy on the authority.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson,
Nay. Mr. Hodgson stated that he had voted Nay on this appointment in that he the
representatives on the Authority should be more evenly distributed among the magisterial
districts. ,
este Freder
uture water
Mr. Don Krueger, County Engineer, appeared before the Board and stated that the
Winchester Frederick County Industrial Development Corporation was requesting approval
of location of future water and sewer lines.
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, Virginia,
does herein approve the request of the Winchester Frederick County Industrial Development
Corporation for approval of the location of future water and sewer lines.
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.
Budget Hearina Date Set
Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole,
BE IT RESOLVED, That Board of Supervisors of Frederick County, does herein set
May 22, 1974 as the date of the Public Hearing on the proposed budget for fiscal year 1974-
1975 at 7:15 P.M. in the County Court House.
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.
SUBDIVISIONS
Manuel Subdivision- Opeguon Magisterial District Preliminary Plat - Approved:
Mr. Berg submitted the plat of Manuel Subdivision stating that this plat consists of
two sections containing eleven lots per section located on Route 625 at the intersection of
633 between Stephen City and Middletown.
Mr. Berg stated that the zoning of this subdivision had been an item of controversy,
as,has a possible drainage problem.
Mr. Ken Kisner and his attorney, Mr. Ben Butler appeard before the Board in support of
this subdivsion. Mr. Kisner stated that the drainage problem would be solved through the
use of swale ditches
Mr. John Pickeral appeared before the Board representing several residents opposed to
this subdivision. He stated that they were concerned that agricultural land was being
developed into housing subdivisions. He further stated that the residents in a subdivison
in an agricultural area would be subject to the poisionous sprays used by the farmers on
their crops.
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Mr. Russell stated that he to was concerned about subdivisions being approved in
agricultural areas.
Mr. Butler stated that other subdivisions had been approved in agricultural areas
and he did not feel the Board could single out one subdivison and disapprove it when
others had already received Board approval.
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 herein approve the preliminary plat of Manuel Subdivison located on Route 625 at the
intersection of Route 633 between Middletown and Stepliens City in Opequon 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.
Resolution Requesting that Local Prisoners be Allowed to Work on County Property
Mr. Renalds presented a resolution requesting that local prisoners be allowed to
work on county property.
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 hereby request that prisoners confined in the Winchester - Frederick County Jail, who
are serving sentences for misdemeanors, be allowed to work on County property on a
voluntary basis. Such prisoners will receive credit on their respective sentences as
prescribed by the Judge of the Circuit Court of Frederick County. Frederick County shall
pay the entire cost of feeding and caring for such prisoners so worked even though they
are serving sentences for violation of the laws of the Commonwealth. The Sheriff of
Frederick County is to have charge over such prisoners while working.
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.
Mobile Home Assessments
Mr. Renalds stated he would like to have some imput from the Board - within the next
three or four days as to whether or not the Commissioner of Revenue should proceed with
the mobile'-home assessment procedure as submitted to the Board at the last regular
meeting.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY IT IS ORDERED THAT THE
BOARD OF SUPERVISORS DO NOW ADJOURN.
(9.
Secr ry Bd. of Supervisors
At a Regular meeting of the Board of Supervisors of the County of Frederick, Virginia held on the
8th day of May, 1974 in-the Board of Supervisors Meeting Room, 5 ourt Square, 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.
APPROVAL OF MINUTES
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 approve the
minutes of the regular meeting of this Board held on the 13th day of March, 1974, as submitted.
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 Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the bills
for the month of February,, 1974, in the amount of $44,703.73 and orders that the same be paid by Warrants
91878 through 62014 and 92056 through $2092.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert '
Russell, Aye; Dennis T. Cold, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
APPROVAL OF PAYROLL
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 approve the ,
payroll for the month of April, 1974 in the amount of $47,824.09 and does order the same be paid by Warrants
61537 through $1600 and 61851 through 61877.
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.
DOG WARDEN REPORT AND CLAIMS- APPROVED:
Harold Whitacre, Dog Warden, appeared before the Board and presented his monthly report.
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 does herein approve the foll-
owing claims for livestock kill and orders the same be paid:
1. Bryan Richard, 1 lamb at an assessed value of $14.00
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. '
REPUE_ST FROM FREDERICK COUNTY EDUCATION A SSOCIATION TO HAVE
ORIGINAL SCHOOL BUDGET REINSTATED- DISCUSSED
Mrs. Elaine McGee, President of the Frederick County Education Association, appeared before the Board,
and stated that the Association supported the original school budget, as they felt it was a reasonable one ,
and that it should not have been cut.
Mr. Sandy explained to Mrs. McGee, that the Board's only instruction to the School Board was that the
schools budget would have to be cut 0110,000 and that the teachers were to receive overall not more than a
10% increase in salary. He further stated that as far as who and what departments would be cut in order to
comply with this request was a decision made by the Superintendent and School Board.
Mrs. McGee stated that with the cost of living going up every day and expenses being what they are she
didn't see how the teachers of Frederick County could be expected to meet these expenses without getting the
increase they had asked for. ,
Ms. McGee asked if their were not sufficient funds in the County's building fund that could be used so
this cut would not be necessary. Mr. Madigan stated this money had been earmarked for the new County Complex.
Mr. Sandy further stated that the cut was necessary and if the cut was not made it meant that taxes
in Frederick County would be raised.
Mrs. McGee stated she was not asking the Board to raise taxes, but that taxes in Frederick County are '
low compared to neighboring localities. Mr. Madigan explained that this was true, but the reason for this
being that taxes are based on the average family income and this average income is low in Frederick County.
Mr. Madigan asked Mrs. McGee to leave the facts and figures that she had presented, with the Board and they
would review them and take them under condiseration.
Mr. Bill Pike, a teacher in Frederick County School System asked Mr. Sandy if the reason for the
$110,000 cut was made so that taxes would not have to be raised?
Mr. Sandy stated it was.
Mr. Pike further stated that he felt that the Board of Supervisors as well as the citizen of Frederick
been very fortunate in the fact that the teachers of Frederick County had provided the children of this
With a good education, but if they continued to receive this kind of treatment that the Board as well
as the School Board and the citizens of Frederick County were headed for trouble.
Mrs. Cindy Hilbrink appeared before the Board and presented a report of how Frederick County teachers
salaries compared to neighboring counties.
' Mr. Sandy explained that the Board had tried to hold all departments in the County to a 108 overall in-
crease and still balance the budget. He thanked all those interested persons for attending and stated the
Board would take the matter under consideration.
AN ORDINANCE To AMEND SECTION 19 -1 -2 OF
THE FREDERICK COUNTY ZONING ORDINANCE
' ADOPTED NOVEMBER 1, 1973Q Third•b Fina
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 does herein approve on third
and final reading the following ordinance:
ORDINANCE To AMEND SECTION 19 -1 -2
OF 'LSE FREDERICK COUNTY TONING
ORDINANCE ADOPTED NOVEMBER 1, 1973
TO READ:
"....One of the five (5) appointed members
may be an active member of the Planning
Commission."
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 ORDINANC TO AMEND THE FREDERICK COUNTY
ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ADD SECTION
13 -1 -24 THIRD AND FINAL READING - 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
on third and final reading the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING
ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ADD SECTION:
13 -1 -24 Smelting and heat processing to dry
agricultural products or to recycle
rubber, metal and glass.
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; Richard F. Madigan, Aye.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE
(1) THE AREA IN STONEWALL MAGISTERIAL DISTRICT BOUNDED BY INTERSTATE 81 ON THE WEST;
ON THE NORTH BY JOSEPH F. HUGHES AND COMPANY; AND BORDERING ROUTE 7 ON THE SOUTH FOR A DISTANCE
OF 2,500 FEET; FROM BUSINESS, LIMITED (B -1) TO BUSINESS, GENERAL (B -2) (Q) THE PROPERTY 700
FEET EAST OF INTERSTATE 81 ON ROUTE 277 IN OPEQUON MAGISTERIAL DISTRICT; BOUNDED BY PLYMN OWENS
ESTATES ON THE NORTH; VIRGINIA DEPARTMENT OF HIGHWAYS ON THE EAST; AND CONSISTING OF 4.4 ACRES
FROM RESIDENTIAL, GENERAL (R -3) TO BUSINESS LIMITED (B -1). THIRD AND FINAL 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 third and final reading the following ordinance:
AN ORIDNANCE TO AMEND THE FREDERICK COUNTY ZONING
ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE:
' The area in Stonewall Magisterial District bounded by Interstate 81 on the West; on
the North by Joseph F. Hughes and Company; and bordering Route 7 on the South for
a distance of 2,500 feet; from Business, Limited (B -1) to Business, General (B -2).
The property 700 feet East of Interstate 81 on Route 277 in Opequon Magisterial
District] bounded by Plymn Owens Estates on the North; Virginia Department of
Highways on the East; and consisting of 4.4 acres; from Residential, General
(R -3) to Business, Limited (B -1).
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Ayes J. Robert Russell,
Aye; Dennis T. Cole, Ayes Donald R. Hodgson, Aye), and Richard F. Madigan, Aye.
low
356
AN ORDINANCE TO AMEND CERTAIN PLATS OF MT. FALLS PARK -THIRD & FINAL READING- APPROVED
Mr. Berg stated that a survey had recently been conducted of Mt. Falls Park and they discovered several
in the original plat. He stated that this plat amendment would correct the original plat and proper
have been placed to indicate the correct boundaries.
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
I
third and final reading the following ordinance:
AN ORDINANCE TO'AMM CERTAIN PLATS CONTAINING LOTS, BLACKS AND SECTIONS OF WILDE ACRES
SUBDIVISION, OTHERWISE KNOWN AS MOUNTAIN FALLS PARK LOCATED IN BACK CREEK MAGISTERIAL
DISTRICT, FREDERICK COUNTY, VIRGINIA.
WHEREAS, discrepancies in the survey of the subdivision known as Wilde Acres has been discovered
the old plats of the subdivision, particularly along the boundary with Glynn and at the intersections of ,
stain Falls Boulevard and Winchester Drive with Fawn Drier and,
WHEREAS, the plats of said areas affected by said discrepancies are of record in the Clerk's
!ice of the Circuit Court of Frederick County, Virginia; and,
WHEREAS, it is deemed necessary to correct the discrepancies by vacating the plats where the
;crepancies exist and readopting plats in substitution thereof; and,
WHEREAS, the survey and plats have been made by Thomas C. Glass, Certified Land Surveyor, for
Associates, Inc., and the surveyed plats for the said area now known as Mountain Falls Park are dated
ry 11, 1974, and attached hereto, and said plats relocate properly the actual boundary lines of the sub -
on where it adjoins the Glynn property and the lots,xbads and streets located thereon to conform with the
physical location of the lots and streets.
NOW, THEREFORE, BE IT ORDAINED that the Board of Supervisors of Frederick County, Virginia, here-
by vacate the following plats of Wilde Acres: I
Section Block Lots
4 m
15, 16, 17
M
5, 6, 7, 8,
9, 10, 11,
12,
12A
3
3 M
1, 2, 3, 4
3 K
15, 16, 17
3 J
15, 16
3 L
1, 2
2 G
9, 10, 11
5 N
L
1
1, 2, 3, 4,
5, 6, 7, 8,
9,
17,
18,
19, 20
4
R
1, 2, 3, 4,
5, 6, 7, 8,
9,
10,
11,
8
12, 12A
14
L
1, 2, 3, 4,
5, 6, 7, 8,
9,
10,
11,
12
3
12A, 14,
15, 16, 17
N
1, 2, 3, 4,
5, 6, 7, 8,
9,
10,
ll „
12
5
12A, 14
S
1, 2, 3, 4,
5, 6, 7, 8,
9,
10,
11,
12
8
12A. 14
M
18, 19, 20,
21, 22,23,
24,
25,
26,
27,
4
28, 31,
32, 33
BE IT FURTHER RESOLVED, that the said surveyed plats attached hereto and made a part hereof be, '
and the same are hereby ratified and approved in the place and stead of the old plats, and that the same be re-
corded with this ordinance among the land records in the elerkts Office of the Circuit Court of Frederick County,
Virginia, it being expressly understood and agreed that the covenants and restrictions set forth in the original
deeds of dedication shall be the same covenants and restrictions applicable to these plats.
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, Ayer and Richard F. Madigan, Aye.
REDUEST FOR STREET St1GNS TD BE INSTALLED ON HICKORY,OAK AND ELM
Mrs. Mary K. Hockman submitted a letter in which she requested that street signs be installed on the
following streets in Sunnyside: Hickory, Oak and Elm.
Upon Motion made by J. Robert Russell and seconded by Dennis T. Cole,
357
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve
the request for street signs to be installed on Hickory, Oak and Elm streets in Darlington Subdivision located
in Sunnyside.
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 SUPPLEMENTAL APPROPRIATION STREET SIGNS
DARLINGTON SUBDIVISION - 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 for the fiscal year ending June 30, 1974, in the amount of $100.00 to General Fund expenditure
I account 19 -016A -499 is hereb.. approved for the purchase of road signs.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert
Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye.
PROCLAMATION HONORING SENIOR CITIZENS
Two representatives of Senior Citizens in the Winchester- Frederick County area appeared before the
board and requested a proclamation setting forth May as Senior Citizens month and the week of May 19 -25 as
Senior Citizens week in Frederick County.
Thereupon, Mr. Sandy issued the following proclamation:
WHEREAS, The Senior Citizens residing in: °the Frederick County, Virginia have contributed greatly
to the dynamic growth of our community; and,
WHEREAS, the Senior Citizens help mold the very moral fiber of our community which makes our county
a very desirable place in which to live;
THEREFORE, I Raymond C. Sandy, Chairman of the Frederick County Board of Supervisors of Frederick
County, Virginia, in recognition of the continual dynamic contributions made by our local Senior Citizens,
do hereby proclaim May as Senior Citizen Month and the week of May 19, 1974 through May 25, 1974 as Senior
Citizens Week in Frederick County, Virginia.
This proclamation is made this 8th day of May, 1974.
SCALES BID FOR NEW LANDFILL SITE- APPROVED
Mr. Renalds stated that the cost of the scales for the new landfill would be borne half by the city,
and half by the county, and that two bids had been submitted: one from Colt Industries of Fairbanks- Morris
for $15,863 for a 65 ton scale; and one from Toledo Scale Company for $18,392.20 for a 50 ton scale.
The Engineering Committee and the Engineering Department recommended the low bid from Colt Industries
of Fairbanks - Morris of $15,863 in that they felt this was the best scale.
Upon motion made by Dennis T. Cole, and seconded by J. R. Russell,
' BE IT RESOLVED, That the Board of Supervisors of the County of Frederick Virginia does herein approve
the bid of Colt Industries of Fairbanks Morris for a 65 ton scale at a cost of $15,863 for the new landfill site,
said approval to be contingent upon the City of Winchester participating in the purchase of the scales on a
50/50 basis with the County.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert
' Russell, Ayes Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
R OAD VIEWERS REPORT REVIEWED - PRIORITIES SET
The Road Viewer's report for 1974 -75 were reviewed.
Mr. Cole stated that he was under the impression that in order for a road to come under consideration
for review priority it had to be a subdivision prior to 1948 and that Lincoln Estates has become a subdivision
since this time. Mr. Cole further stated that he feat if this was done for one subdivision, the Board would
be expected to do the same for similar requests. The following priority list submitted by the Road viewers was
presented and reviewed by the Board.
N
358
1. Carpers Drive at Sunnyside, the estimated cost being $25,000 to serve 18 dwellings.
2. A road beginning at a point on Route 11, .30 miles North cost being $12,000 to serve
5 dwellings.
3. Gallilee Church Road from Route 661 to .55 miles West at an estimated cost of $25,000
to serve 5 dwellings.
4. Road service Lincoln Estates from Route 50 to the intersection 1.90 miles South of Route
50, at an estimated cost of $125,000 serving one dwelling on road and several beyond the
intersection.
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 the
Road Viewers priority list as submitted with the exception of priority number 4>. which is herein ordered de-
leated from said report.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell,
Ayer Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
A- 95 REVIEW - HERITAGE HILLS - APPROVED
Mr. Berg stated that Heritage Hills had been approved for 96 lots and not 174 and that this application
had been brought before the Planning Commission at their previous work session, and the Planning Commission
had recommended approval of 96 single family homes.
The Engineering Committee had made note of the fact that because these lots are narrow the houses
will not be able to have attached garages or carports.
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, Virginia, does herein recommend
to the Lord Fairfax Planning District Commission that the A -95 Review of Heritage Hills Subdivision for 96 single
family homes, be approved with the stipulation that houses are not to exceed 55 feet in length.
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, Ayej. and Richard F. Madigan, Aye.
CONDITIONAL USE PERMITS
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Bo4krd of Supervisors of the County of Frederick, Virginia does herein approve
following conditional use permits:
1. Mrs. Harry R. Brill - Gainesboro Magisterial District - Mobile Home Permit - Route 676,approximately
y mile south with Route 671.
2. Thomas F. Cox - Gainesboro Magisterial District - Mobile Home Permit North side of Route 50 West
opposite intersection with Route 704.
3. John Van Vorrhis - Back Creek Magisterial District - Mobile Home Permit - off Route 704 at Mt.
Salem Church.
4. H. R. Puffenberger - Back Creek Magisterial District - Mobile Hone Permit - North side of Route
803, approximately 350 feet past Round Hill School.
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.
REQUEST FOR BUILDING AND PLUMBING PERMIT REFUNDS - 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 approve
the following refunds for building and plumbing permits:
1. Building Permit Refund - Bernard Turner - $18,00 Fee paid on excess construction costs.
2. Leadman Electric and Plumbing - $29.50 Fee paid for two permits on same lot.
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.
TAX REFUND - JOHN M. DUPONT - APPROVED
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
a tax refund in the amount of $74.58 to John M. Dupont for 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.
C . ROBERT SOLENBERGER - RESIGNATION ACCEPTE
FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
6
Mr. Sandy read a letter wherein Mr. C. Robert Solenberger tendered his resignation on the
Frederick County Industrial Development Authority due to his recent appointment to the Frederick
Winchester Service Authority.
Mr. Sandy requested that Mr. Solenberger be sent a letter of appreciation for his services
to the Authority.
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, Virginia does
herein accept the resignation of C. Robert Solenberger from the Frederick County Industrial
Development 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
OFFICERS REPORTS - APPROVED
After review the reports of the Constitutional Officers were accepted by the Board.
u
DEPARTMENT HEADS REPORT - APPROVED
After review the reports of the Department Heads were accepted by the Board.
COMPENSATION OF APPRAISERS - APPROVED
Mr. Sandy presented a letter from Mr. F. C. Forberg, of the Department of Taxation addressed
to Mr. Renalds, in which he recommended Jimmie E. Hoggs, Roy Fleming and Harold McGlothlin for
employment as assistants to the Board of Assessors for the 1974 general reassessment of real estate.
Mr. Forberg recommended that Mr. Hobbs and Mr. McGlothlin be given a salary of $800.00 a
month, and be reimbursed $400.00 a month for expenses and that Mr. Fleming be given $750.00 a month
and be reimbursed $400.00 a month for expenses. The Board felt Mr. Fleming should receive the
same as Mr. Hobbs and Mr. McGlothlin.
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
approve the employment of Mr. Jim Hobbs, Mr. Howard McGlothlin and Mr. Roy Fleming as assistants
to the Board of Assessors during the 1974 general reassessment of real estate in Frederick County
at a salary of $800.00 per month and reimbursement for their expenses at the rate of $400.00 per
month.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J.
a
Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
PULBIC HEARING SET FOR CONSIDERATION OF AOLICATIO
OF ALVIN H. LONG TO RELOCATE TWO MOBILE HOMES
Mr. Alvin Long appeared before the Board and requested the relocation of two mobile homes
on his property on Route 50 East. Mr. Long stated that he had obtained a permit for the location
of these trailers and was not requesting a new permit but permission to relocate them on the
property.
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, Virginia does
herein direct that a Public Hearing be held on June 26, 1974, on the request of Alvin H. Long to
relocate two mobile homes on his property on Route 50 East.
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.
360
SANITATION AUTHORITY - BILL FOR ADDITIONAL WORK
ON THE RED BUD RUN PROJECT - APPROVED
Mr. Sandy presented a bill submitted by the Frederick County Sanitation Authority in
the amount of $15,561.45 for additional work on the Red Bud Run Project.
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 bill submitted by the Frederick County Sanitation Authority in the amount of
$15,561.45 for additional work on the Red Bud Run Project and does order the same to be paid.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Nay.
REPRESENTATIVES TO ATTEND NATIONAL ASSOCIATION OF COUNTIES CONVENTION
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
direct that Raymond C. Sandy, Chairman of the Board, J. Robert Russell, Vice Chairman of the
Board and J. 0. Renalds, County Administrator will represent Frederick County at the National
Association of Counties Convention held in Miami Beach, Florida on July 14th through 17th to a
the achievement award recently awarded to Frederick County; expenses for transportation, meals
and lodging for said representatives to be borne by the County.
The above resolution was passed by the following recorded vote; Raymond C. Sandy, Aye;
J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye.
CHAPTER 10 BOARD RESOLUTION - APPROVED
Mr. Renalds, stated that the first Chapter 10 Board resolution was passed on June 27
1973 which included Clarke, Frederick, and Warren Counties and the City of Winchester; and since
that time all localities except Winchester have passed the resolution as we passed it; Winchester
saw fit to exclude Warren County. Mr. Renalds suggested that Frederick County join with Warren
and Clarke Counties to form a Chapter 10 Board with provisions for Winchester and the counties
of Page and Shenandoah to join this program at a future date.
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 does herein
rescind the resolution passed by this Board on June 27, 1972 relative to membership on the
chapter 10 Board
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
WHEREAS Chapter 10, (Community Mental Health and Mental Retardation Services), of title
37.1 (institutions for the Mentally Ill; Mental Health Generally of the 1950 Code of Virginia),
as amended, provides for the establishment of a community mental health and mental
retardation services program; and
WHEREAS Section 37.1 of said Code requires the establishment of a Community Mental
Health and mental Retardation Board when a community mental health and mental retardation program
Is established; and
WHEREAS it is the desire of the Board of Supervisors of Frederick County, Virginia to
establish such a program and Board, with the intent of implementing the provisions of the afore-
said Chapter 10 of Title 37.1 of the 1950 Code of Virginia so amended; now therefore,
BE IT RESOLVED that there be established by the Board of Supervisors of Frederick County,
Virginia, in conjunction with the local governments of the counties of Clarke and Warren a com-
munity mental health and mental retardation services board to be known as the Northwestern
Community Mental Health and Mental Retardation Services Board. It shall be understood that the
City of Winchester and the counties of Page and Shenandoah may join this program and the Board at
a later date if they so desire.
The Northwestern Community Mental Health and Mental Retardation Services Board shall consist
of not less than 5 or more than 15 members to be appointed by the Boards of Supervisors of the
counties represented. initially, 9 members shall be appointed on the basis of one representative
for each 7,000 people in each jurisdiction involved; Clarke County, 2; Frederick County, 4;
Warren County, 3. The members of the Board shall serve the following terms from the date of the
first appointments:
1/3 members for a period of three years
1/3 members for a period of two years
1/3 members for a period of one year
The term of each member of the Board after the initial appointments shall be for three
years from January 1 of the year appointed, except that vacancies shall be filled for the balance
of an unexpired term.
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.
WATER AND SEWER PERMIT - FRANCIS P. LAGES
COLLEGE PARK SUBDIVISION SECTION 4 - DENIED
Mr. Francis P. Lages submitted a letter to the Board in which he asked for approval of
15 new single family sewer connections to be made to the City of Winchester sewer system in
Shawnee District, Frederick County, Virginia to serve lots 48 through 62 in College Park Sub-
division, Section 4 as shown on the final plat prepared by Greenway Engineering and Surveying Com
Inc1, and dated August 15, 1973.
Mr. Sandy stated that the Frederick County Sanitation Authority recommends that this not
be approved until information is received from the State water Control Board advising that the
capacity of the Winchester Sewage Treatment Plant is sufficient to accept additional connections.
Mr. Cole asked if this could be brought up again and voted upon in sixty days, as he
didn't like for Mr. Lages to have to wait for an undertermined amount of time to get this approved.
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 deny
the request of Mr. Francis Lages for 15 additional water and sewer permits for lots 48 through
62 in College Park Subdivision, Section 4, said request to be reconsidered at such time as the
State Water Control Board advises that the capacity of the Winchester Sewage Treatment Plant is
sufficient to accept additional connections.
The above resolution was::approved 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,
CONTRACT FOR RECREATIONAL CONSULTANT
Mr. Renalds stated that this contract would cover the drafting of a master plan and program
to be followed in the development of the proposed park on Hogue Creek by a consultant who would
also present the request for state funds before the State Commission on Outdoor Recreation. He
further stated that the approximate cost of the consultant's fee would be $1,300.
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 a supplemental appropriation in the amount of $1300. said funds to be used to
contract a recreational consultant for the development of the proposed park on Hogue Creek.
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.
REQUEST FOR TRANSFER - RECREATION DONATION - A
Mr. Renalds stated that x'.$5,700 recreational impact donation onGordondale Subdivision
had been received from J. P. Darlington, and it is suggested that this amount be transferred from '
the donations category in the budget to Parks and Recreation Operating Budget, if Mr. Cole would
see fit to agree to this.
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the
$5,700. donation in reserve for Parks and Recreation use in Stonewall District is herein
appropriated and authorized to be expended in the fiscal year ending June 30, 1974.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Ayer J. •
Robert Russell, Ayer Dennis T. Cole, Ayes Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
APPROPRIATION TRANSFER FOR PURCHASE OF AUTOMOBILE FO
PARRS AND RECREATION - APPROVED
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, Virginia, does
herein approve an appropriation transfer for the fiscal year ending June 30, 1974, for the pur-
chase of an automobile for the Department of Parks and Recreation as listed below: '
TRANSFER FROM TRANSFER TO
06- 006A -106Q 19 -18F1 -400 $3,500.00 •
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Ayes
J. Robert Russell, Ayer Dennis T. Cole, Ayer Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
REQUEST FOR ROAD MAINTENANCE
Mr. Sandy presented a request that was not brought out during the road hearings and asked
that it be passed on to Mr. King. The request was that secondary maintenance and repairs be
made to the section of highway in the area of Hawkins Grocery on Middle Road.
EXECUTIVE SESSION
Upon motion made by Richard F. Madigan, and seconded by Donald R. Hodgson, and passed
unanimously, the Board retired into executive session to discuss an existing subdivision, proposals
for restrictions of particular lots for single family dwellings, multiple family units, and the •
future vacating of a certain portion of the subdivision itself. '
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, and passed unan-
imously the Board withdrew from executive session.
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan and passed
unanimously the Board returned into regular session.
DELETE MULTI - FAMILY DWELLINGS FROM R -3 ZONING CATEGORY- 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 enact emergency legislation in accordance with section 15.1 -504 of the Code of Virginia
(1950) as amended, to delete Section 6- 1- 2,iTwo family dwellings; Section 6 -1 -3, Multi - family
dwellingsr and Section 6 -1 -4, Townhouses, from the Residential General, R -3 Category of the
Frederick County Zoning Ordinance.
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.
Mr. Sandy stated that the action taken by the Board would remove multi - family dwellings '
from the R -3 category of the Zoning Ordinance and that a new R -6 category would be written to in-
clude this type dwellings within the next sixty days .
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF`'
SUPERVISORS DO NOW ADJOURN.
am
343
At a Regular meeting of the Board of Supervisors of the County of Frederick,Virginia held
on the 22nd day of May, 1974 in the Frederick County Court House, Winchester, Virginia.
PRESENT: Raymond C. Sandy, Chairman; J.Robert Russell, Vice Chairman; Dennis T. Cole;
Donald R. Hodgsonj and Richard F. Madigan.
The Chairman called the meeting to order.
t
AN ORDINANCE TO AMEND THE FREDERICK COUNTY TONING ORDINANCE ADOPTED NOVEMBER
57.9414 ACRES, MORE OR LESS, OF LEE A P LACE - F IRST & SECOND READING - APPROI
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
, 1973 TO REZI
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve
•
on first and second reading the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING
ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE
57.9414 ACRES, MORE OR LESS, OF LEE A. PLACE,
LOCATED NORTH OF ROUTE 7, BOUNDED BY BAKER -
KNIGHT LANE EXTENDED AND INTERSTATE 81, IN
STONEWALL MAGISTERIAL DISTRICT: FROM INDUSTRIAL,
GENERAL (M -2) AND RESIDENTIAL, LIMITED (R -2)
TO BUSINESS, GENERAL (B -2)
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Ayej J.
r 1
Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T.Cole, Aye; and Richard F. Madigan, Aye.
AN ORDINANCE TO ESTABLISH THE FREDERICK DRIVER IMPROVEMENT CLINIC AND ITS PURPOSES - FIRST &
SECOND READING - APPROVED:
A memorandum was submitted by Mr. Renalds in which he stated that the establishment of a
driver improvement clinic had been requested by Judge Simpson and that the following ordinance
will actually set up the clinic.
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 does herein approve
on first and second reading the following ordinance.
AN ORDINANCE TO ESTABLISH THE FREDERICK DRIVER
IMPROVEMENT CLINIC AND ITS PURPOSES
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
Donald R. Hodgson, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Nay.
IN THE
ELECTRICAL SERVICE
<Z:PJ 9::417 �1 , A
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 approve
the following ordinance on first and second reading:
AN ORDINANCE REGULATING ELECTRICAL SERVICE IN-
STALLATION IN THE COUNTY OF FREDERICK, VIRGINIA
l
s
J
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
Dennis T. Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye. and Richard F. Madigan, Aye.
AN ORDINANCE TO AMEND*THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND
SECTION 21 -1 -2, SECTIONS 9 -4 & 10 -4, SECTIONS 12 -2 -3 & 13 -2 -2. ARTICLE XIII. ARTICLE VI &
ARTICLES XII & XIII - FIRST & SECOND READING - 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 does herein
approve the following ordinance on first and second reading:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING
ORDINANCE ADOPTED NOVEMBER 1, 1973, TO AMEND:
1. SECTION 21 -1 -2 TO INCREASE THE APPLICATION FEE TO $100
2. SECTION 9 -4 AND 10 -4 TO READ: "FOR PERMITTED USES THE
MINIMUM SIDE AND REAR YARD ADJOINING OR ADJACENT TO
A RESIDENTIAL OR AGRICULTURAL DISTRICT SHALL BE TWENTY
FIVE (25) FEET.
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3. SECTIONS 12 -2 -3 and 13 -2 -2 To DELETE THE LAST SENTENCE,
AND TO READ: "LANDSCAPING MAY BE REQUIRED WITHIN AN
ESTABLISHED OR REQUIRED FRONT SETBACK, SIDE OR REAR
YARD. THE PLANS AND EXECUTION MUST ENTER INTO CON-
SIDERATION TRAFFIC HAZARDS"
4. ARTICLE XIII, TO ADD SECTION 13 -1 -25 DIESEL AND IN-
DUSTRIAL VEHICLE WASHING FACILITIES.
5. ARTICLE VI, RESIDENTIAL GENERAL DISTRICT R -3;AND TO
ENACT ARTICLE 23 MULTIFAMILY - RESIDENTIAL DISTRICT R -6.
6. ARTICLE XII AND ARTICLE XIII, YARD REGULATIONS IN
MANUFACTURING DISTRICTS.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Ayer
J. Robert Russell, Ayer Dennis T. Cole, Ayer Donald R. Hodgson, Ayer and Richard F.
Aye.
Mr. Sandy stated that it was the feeling of the Board that when a subdivision is presented
to the Board for the first time, that the Board needs more then just the allotted time at the
meetings to absorb the impact of the subdivision.
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 does herein
adopt the following procedure for subdivisions:
1. Subdivision is introduced at Board meeting.
2. Board will then be allowed 30 days in order to discuss the subdivision with the people
of their district as well as with the staff to look over any problems they may see.
3. After this 30 day period the subdivision will be brought back before the Board for
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
J. Robert Russell, Ayer Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
Conditional Use Permit - L.A. and R. H. Mielzarek - Approved:
Mr. Renalds submitted a request from L. A. and R. H. Mielzarek for a conditional use
permit for a trailer in Back Creek Magisterial District. Mr. Renalds stated this was an emergency
case, as Mr. Mielzarek had lost his home in a fire and needed the trailer while his home was being
rebuilt; this permit has been approved by both the Health and Zoning Departments.
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 conditional Use Permit of L. A. and R. H. Mielzarek for the temporary location
of a trailer on their property off Rt. 608 in Back Creek Magisterial District while their home is
being rebuilt.
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.
Select Member for the
Health Planninq Committee of the
Mr. Renalds read a letter from Mr. Carl Napp, Administrator Winchester Memorial Hospital,
in which he requested that the Board consider in the vary near future naming an individual to the
Comprehensive Health Planning Committee of the Lord Fairfax Planning District Committee. The
Board agreed to take this request under advisement.
t - Charles 0. Neff - 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 does herein
refund in the amount of $13.00 for the erroneous purchase of Plumbing Permit No. 168.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J.
Robert Russell, Aye; Dennis T. Cole, Aye; Deonald R. Hodgson, Aye; and Richard F. Madigan, Aye.
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BUDGET HERRING
Mr. Sandy read the Budget Message as set forth in the proposed budget for fiscal year
1974 -1975.
Mr. Madigan described the procedure used to prepare the budget and stated that many meetings
were held by the Finance Committee and the Board of Supervisors for the discussion and preparation
of the Budget. He then presented the Expenditure Analysis of the Budget.
Mrs. McGee, President of the Frederick County Education Association appeared before the
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Board and stated she felt the money previously cut from the school budget should be put back into
the budget. She further stated that the educators of Frederick County also felt this money could
be put back into the budget,
Mr. Madigan explained to Mrs. McGee that with all the things that had to be considered in
the Budget that he felt the Board had done a good job in its final decisions on the Budget.
Dr. Wright appeared before the Board and stated that even though it was not any easy task
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that the School Board had tried to be as fair as they could in complying with the Boards request
that the School Board cut their budget by $110,000.
Mrs. McGeenintroduced Mr. Pellicora, a budget analyst, who appeared before the Board and
stated that according to his study he felt the County had sufficient funds to reinstate the
$110,000 to the school budget which had been previously cut by the Board.
Mr. Sandy explained to Mr. Pellicora that the funds he spoke of were used to carry the
County from the end of the fiscal year, June 30 until tax revenue is available to the County.
Mrs. Dorothy Keckley, Treasurer of Frederick County appeared before the Board, in opposition
to the proposed salary increase of certain County employees. Mr. Madigan explained to Mrs. Keckley
why these certain employees had received more then the proposed 108 increase.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
WHEREAS, A notice of public hearing and a budget synopsis has been published and a public
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hearing has been held on May 22, 1974, in accordance with Title 15.1, Chapter 4, Section 15.1 -162,
Code of Virginia, 1950, as amended;
THEREFORE, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia,
that the budget for the 1974 -1975 Fiscal Year, as outlined in the document entitled "Fiscal Plan
1974 -75, Frederick County, Virginia" and as finalized this date, May 22, 1974, be hereby approved
in the total amount of $15,356,200 and that appropriations in the amount of $15,356,200 be hereby
authorized for the 1974 -1975 Fiscal Year.
The above resolution was passed by the following recorded Vote: Raymond C. Sandy, Aye;
Dennis T. Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
Tax Rate - Approved
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein adopt
the tax rate for Fiscal Year 1974 -1975 as herein presented at the rate of $3.70 to be applied
to real estate, personal property and machinery.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye.
Appointment of G. W. Borden to Sanitation Authority - Approved
Mr. Sandy submitted the name of Mr. G. W. Borden from Middletown to serve on the
Sanitation Authority as the representative from Opequon Magisterial District.
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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 appointment of Mr. G.W. Borden from Middletown to serve on the Sanitation Authority
as the representative from Opequon 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.
EXECUTIVE SESSION
Upon motion made by Richard F. Madigan and seconded by J. R. Russell, and passed unan-
imously the Board retired into executive session as requested by Mr. Ambrogi to discuss legal
matters in which the County is involved.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, and passed un-
animously the Board withdrew from executive session.
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson and passed unan-
imously the Board returned into Regular session.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF
DO NOW ADJOURN.
130cretary Bd. of Supervisors
At a Regular meeting of the board of Supervisors of the County of Frederick, Virginia
on the 12th day of June, 1974 in the Board of Supervisors Meeting Room, 9 Court Square, Winchester,
Virginia.
PRESENT; Raymond Sandy, Chairman, J. Robert Russell, Vice Chairman, Dennis T. Cole,
Donald R. Hodgson and Richard F. Madigan.
The Vice Chairman called the meeting to order in the absence of the Chairman, who could
not be present at the beginning of the meeting.
APPROVAL OF MINUTES
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 does herein
approve the minutes of the Regular meeting of this board held on Marci127, 1974, April 10, 1974,
and April 24, 1974, as well as the adjourned meeting held on April 10, 1974 as submitted..
The above resolution was passed by the following.recorded vote: J. Robert Russell, Aye;
Dennis T. Cole, Aye; Donald R. Hodgson, Aye and Richard F. Madigan, Aye.
HIGHWAY DEPARTMENT ( < _ _ n' , V, \ 7 4i, S �a�,y,:
Mr. Ring presented a brief review of a master plan which had been prepared by the Highway
Department for improvements needed in Frederick County. Mr. Cole asked if the railroad crossings
in the county had been reviewed and more particularly the one in the Stephenson Post Office Area.
Mr. Ring stated that secondary funds budget would provide flashing lights at this crossing.
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 does herein
approve the bills for the month of May 1974 in the amount of 8173,211.45 and orders that the same
be paid by warrants $05694 through @05907.
The above resolution was passed by the following recorded vote: J. Robert Russell, Aye;
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Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
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APPROVAL OF PAYROLL
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 payroll for the month of May, 1974, in the amount of $50,126,56 and does order the
same paid by warrants 1105601 through #05693.
The above above resolution was passed by the following recorded vote: J. Robert Russell,
Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
AN ORDINANCE REQUIRING THE FENCING OF SWIMMIING POOLS IN FREDERICK COUNTY, VIRGINIA
FIRST AND SECOND READING APPROVED
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
herein approve on first and second reading the following ordinance.
AN ORDINANCE REQUIRING THE FENCING OF
SWIMMING POOLS IN FREDERICK COUNTY
VIRGINIA
The above resolution was passed by the following recorded vote: J. Robert Russell,
Aye; Dennis T. Cole, Ayer Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY 10, 1972, ENTITLED AN ORDINANCE
TO REGULATE THE CONSTRUCTION AND EXPANSION OF CENTRAL WATER AND SEWER SYSTEMS
WITHIN THE COUNTY OF FREDERICK, VIRGINIA - FIRST AND SECOND READING APPROVED:
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, Virginia
does herein approve, on first and second reading, the following ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY
10, 1972, ENTITLED AN ORDIANCE TO REGULATE
THE CONSTRUCTION AND EXPANSION OF CENTRAL
WATER AND SEWER SYSTEMS WITHIN THE COUNTY
OF FREDERICK, VIRGINIA
The above resolution was passed by the following recorded vote: J. Robert Russell, Aye;
Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
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OF A. H. LONG TO ESTABLISH A TRAILER PARK - NORTH OF ROUTE
Mr. Renalds stated that A. H. Long had submitted an application for a trailer park
to be located North of Route 50 East Northwest of the Silver Diner and there will be a public
hearing on this application June 26, 1974.
AN ORDINANCE TO ADOPT THE LAND USE ODMPONET OF THE COMPREHENSIVE PLAN FOR FREDERICK COUNTY
VIRGINIA - FIRST AND SECOND READING - APPROVED
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve on first and second reading the following ordinance:
AN ORDINANCE TO ADOPT THE LAND USE COMPONENT OF
THE COMPREHENSIVE PLAN FOR FREDERICK, COUNTY
VIRGINIA
The above resolution was passed by the following recorded vote: J. Robert Russell,
Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye and Richard F. Madigan, Aye,
AN ORDINANCE FOR SPECIAL ASSESSMENT FOR AGRICULTURAL HORTICULTURAL, FOREST OR OPEN SPACE
' REAL ESTATE - FIRST AND SECOND READING - APPROVED
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'
approve on first and second reading the following ordinance:
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AN ORDINANCE FOR SPECIAL ASSESSMENT FOR AGRICULTURAL,
HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE
The above resolution was passed by the following recorded vote: J. Robert Russell, Aye;
Donald R. Hodgson, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye;
CONDITIONAL USE PERMITS
DEWEY R. GILLESPIE - APPROVED
Mr. Berg presented this application for a Conditional Use Permit stating that the
is located on the North Side of East Route 7 - 2 1 1 miles east of Winchester and the applicant
wanted to construct a mobile home park. The park will consist of 10 spaces on forty acres. Each
lot would be 50 feet wide and 100 feet long
He stated that the Planning Commission had approved
this permit.
Mr. Gillespie appeared before the Board in support of his application for conditional
use permit.
Mr. Madigan asked Mr. Gillespie what.his plans were for the park as far as water and
sewer was concerned.
Mr. Gillespie stated that the water would come from additional hook ups to the already
existing park and septic systems would be put in to handle the sewer system. Mr. Gillespie further
stated that the streets leading into the park will be paved within the coming year.
Mr. Charles Boyd appeared before the Board in opposition to the proposed trailer court.
Mr. Bmyd stated he felt there was not sufficient acreage for this mobile home park to be enlarged
without causing many problems.
Mr. John xillough appeared before the Board in opposition to the proposed trailer court
stating that he felt it would only cause further problems for area citizens as well as the
Board, such as water and sewer, etc. if this permit was approved.
Mr. Cole stated that Mr. Gillespie's proposed mobile home park had met all Health Depart-
ment regulations as far as water and sewer and he could not see any reason why it should not be
approved.
Dr. Ralph Braunschweig stated that this land was not the most suitable, for water and
sewer as there was only a small area that would pass the perk test, and because of this he
questioned what Mr. Gillespie's future plans were as far as the remaining acreage was concerned.
Dr. Braunschweig stated that his land is adjacent to Mr. Gillespie's land on the East and he could
not understand the Health Department approving a health permit on this land, as he had the
property inspected by the Health Department and there were very few acceptable areas. He
further stated that a mobile home park on this property would create a fire hazard because of its
inaccessiability to the fire company and water.
Mr. Tom Mcxown appeared before the Board in opposition to the further expansion of
this Mobile home court as he felt that this would set a precedent for Mobile home courts in
the area.
Mr. Harold Vandervent appeared before the Board and stated that Mr. Gillespie had con-
tacted all the adjoining property owners with the exception of one who could not be reached,
prior to his application being submitted for this mobile home park and no one objected at that
time to this park.
Mr. Madigan asked if a percentage could be given as to how much of the total acreage
would perk? Mr. Vandervent stated he could not give this information as it was very difficult
to get a backhoe in the wooded area, so they could not give an answer to this question, but
that mobile homes would be located only on approved lots. Mr. Madigan stated that a Health
Department official was present at tonight's meeting and he wondered if he might enlighten the
Board on this matter.
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Mr. Williams of the Health Department stated he was familiar with the Park as it is now,
but that he is not familiar with proposed site and as far as he knew there had been no problems
in the sub- surface sewerage systems that are now existing at this particular park.
Mr. Vandervent stated that the Greenwood Fire Company would serve the park just as it
serves the rest of the area and that there would be no problem of access to the park.
Mr. Russell stated that Mr. Gillespie had called him and asked him to visit the park
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which he had done and he thought Mr. Gillespie had a very nice park, very clean and that it was
an asset to the County.
Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the Conditional Use Permit of Dewey R. Gillespie to construct a mobile home park on his
property located on the Northside of East Route 7, 2 1 2 miles east of Winchester in Stonewall
Magisterial District.
The above resolution was passed by the following recorded vote: J. Robert Russell, Aye;
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Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Abstaining, because he
felt a Master Plan should be submitted on all developments before approval was given by the Board.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORD
57.9414 ACRES, MORE OR LESS, OF LEE A PLACE - THIRD
ADOPTED NOVEMBER 1, 1973 TO REZONE
Mr. Sloan Kuykendall, attorney for Mr. Scott Baer appeared before the Board and stated
that this rezoning had been before the Planning Commission and had been approved by the Commission.
He further stated that if their was any opposition or if the Board had any questions that he,
Mr. Baer or his two associates would be glad to comply with any inquiries the Board might have.
Mr. Scott Baer appeared before the Board and expressed his views on the rezoning and
how he felt this rezoning and the proposed shopping center would benefit Frederick County and its
citizens as well as persons in neighboring counties. This proposed shopping center would have two
or three large department stores with some 300,000 square feet of other space. Everything would
be located on a mall in the interior and it would take about two years for completion. The
access road to the property and water and sewer were discussed. There was no opposition to this
rezoning.
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 FREDERICK COUNTY ZONING
ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE
57.9414 ACRES, MORE OR LESS, OF LEE A PLACE LOCATED
NORTH OF ROUTE 77L BOUNDED BY BAKER - KNIGHT LANE
EXTENDED AND INTERSTATE 81, IN STONEWALL MAGISTERIAL
DISTRICT: FROM INDUSTRIAL, GENERAL (M -2) AND
RESIDENTIAL, LIMITE (R -2) TO BUSINESS, GENERAL (B -2)
The above resolution was passed by the following recorded vote: J. Robert Russell,
Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye.
At this time Mr. Sandy assumed the Chairmanship.
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AN ORDINANCE TO ESTABLISH THE FREDERICK DRIVER IMPROVEMENT CLINIC AND ITS PURPOSES - THIRD AND
FINAL READING - APPROVED
The ordinance was read in full, by Mr. Madigan.
There was no opposition.
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 does herein
approve on third and final reading the following ordinance:
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AN ORDINANCE TO ESTABLISH THE FREDERICK DRIVER IMPROVEMENT CLINIC AND ITS PURPOSES
BE IT ORDAINED, By the Board of Supervisors of the County of Frederick, Virginia, that:
Section 1. Pursuant to Section 46.1 -16.1 of the Code of Virginia, 1950, as amended,
there is hereby established a traffic school for instruction concerning laws and ordinances for
the regulation of vehicular traffic and the safe operation of vehicles to be known as the Frederick
Driver Improvement Clinic.
Section 2 . Such Clinic shall be located at the Dowell J. Howard Vocational School,
Winchester, Virginia, and at such other places designated by the Director and shall be held during
the week -day evenings at reasonable hours.
Section 3 . Direction and control of said Clinic shall be vested in the Judge of the
Frederick General District court who shall appoint the personnel of said Clinic.
Section 4. The Frederick General District Court shall impose a fee, not to exceed
twenty dollars, upon all persons attending said Clinic to cover the cost of its operation.
Section 5 . This ordinance shall be effective beginning on and after June 12, 1974.
Section 6 . Should any section of this ordinance be decided to be invalid or unconstitut-
ional, such decision shall not affect the validity or constitutionality of any other section of
this ordinance.
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; Richard F. Madigan,
Aye.
AN ORDINANCE REGULATING ELECTRICAL SERVICE INSTALLATION IN THE COUNTY OF FREDERICK, VIRGINIA -
THIRD AND FINAL READING APPROVED
Mr. Madigan read the ordinance in full
Mr. Eugene Gunter appeared before the Board and stated that he had been employed by a
number of citizens, taxpayers and land owners in Frederick County to speak in opposition to this
proposed ordinance.
Mr. Gunter further stated that the Federal and State laws required that certain require-
ments be met before a final electrical connection could be made and he felt this was sufficient
without the Oounty adding an additional ordinance. •
Mr. Madigan asked Mr. Gunter if he considered this ordinance unconstitutional and Mr. ,
Gunter answered he did.
Mr. Sandy asked Mr. Gunter what the mode of housing was of the people he was representing,
Mr. Gunter replied low income, modular and mobile homes.
Mr. Jack Wampler appeared before the Board and stated that he felt this was giving the
Board too much power and would cause more hardship on certain citizens.
Mr. Bob Frye appeared before the Board and stated that he agreed with Mr. Wampler in that
he felt this was unconstitutional and that it violated the Civil Rights of the Frederick County
taxpayers.
Mr. Madigan asked the Commonwealth Attorney if he felt the ordinance was constitutional
and Mr. Ambrogi stated that he felt that it was constitutional.
Mr. Cole stated that he felt the ordinance was too restrictive in that a person must
obtain building and plumbing permits before he builds a structure.
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 following ordinance on third and final reading:
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AN ORDINANCE REGULATING ELECTRICAL SERVICE INSTALLATION
IN THE COUNTY OF FREDERICK, VIRGINIA
BE IT ORDAINED, By the Board of Supervisors of the County of Frederick, Virginia, that:
Section 1 . Any company, firm,or corporation furnishing electrical service to structures
located in Frederick County, Virginia, shall refuse such electrical service until notified by
the Frederick County Board of Supervisors or an agent thereof that all regulatory codes and
ordinances pertaining to the structure have been fully complied with.
Section 2. Upon wirtten notice, an electric service may be installed to the structure.
Section 3. This ordinance shall be in full force and effect upon its adoption and
enactment by the Board of Supervisors of the County of Frederick, Virginia.
Section 4 . Should any section of this ordinance be decided to be invalid or unconstitut-
ional, such decision shall not affect the validity or consitutionality of any other section of
this ordinance.
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.
AMEND THE FREDERICK COUNTY ZONING
-3 AND TO ENACT ARTICLE XXIII
Mr. Madigan read the proposed R -3 and R -6 Zoning Categories in full.
Mr. Cole stated that he questioned Section 23 -11 because there are many instances where
two families could live in a duplex with one approved septic system. After discussion the Board
agreed to retain this section and to add the words "with conditional use permit ".
Mr. Delmar Bayliss appeared before the Board and stated that he felt the Board should
consider carefully the policy of retaining recreational donations in each district. He further
stated that perhaps one large park for two or more districts would be better than one small park
in each district.
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
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approve on third and final reading the following ordinance:
A. SECTION 21 -1 -2 TO INCREASE THE APPLICATION FEE TO $100
B. SECTION 9 -4 AND 10 -4 TO READY "FOR PERMITTED USES THE MINIMUM SIDE AND REAR YARD
ADJOINING OR ADJACENT TO A RESIDENTIAL OR AGRICULTURAL DISTRICT SHALL BE TWENTY
FIVE (25) FEET ".
C. SECTIONS 12 -2 -3 AND 13 -2 -2 TO DELETE THE LAST SENTENCE, AND TO READ: "LANDSCAPING
MAY BE REQUIRED WITHIN AN ESTABLISHED OR REQUIRED FRONT SETBACK, SIDE OR REAR YARD.
THE PLANS AND EXECUTION MUST ENTER INTO CONSIDERATION TRAFFIC HAZARDS."
D. ARTICLE XIII, TO ADD SECTION 13- 1- 25DIESEL AND INDUSTRIAL VEHICLE WASHING FACILITIES
E. ARTICLE VI, RESIDENTIAL GENERAL DISTRICT R -3 AND TO ENACT ARTICLE XXIII MULTIFAMILY -
RESIDENTIAL DISTRICT R -6 (gge tions R -3 & R -6, Typed in full on pages 371 -A, 371 -B,
37� -C and 371 -D)
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.
Mr. Cole stated that he felt the regulations set forth in Articles XII and XIII were too
stringent. He requested that these sections of the ordinance be referred back to the Planning
Commission for careful study and consideration.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Board of Supervisors of the Cou#y of Frederick, Virginia does
herein refer Article XII and Article XIII yard regulations in manufacturing district in the M -1
& M -2 Zoning Category of the Frederick County Zoning Ordinance to the Planning Commission for
careful study and recommendation to the Board of Supervisors.
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.
OF ROBERT H. BOYD FOR THE CONSTRUCTION OF A ROLLER R114K ON THE NORTH SIDE OF ROUTE 7
BEHIND CLARKE CHRYSLER PLYMOUTH MOTORS
Mr. James Duke appeared before the Board otl behalf of Mr. Boyd the applicant.
Mr. Cole stated that he was not in favor of the two conditions stated in the
concerning a security guard, and no alcoholic beverages being allowed.
Mr. Madigan stated that this is the way Mr. Boyd wanted the application submitted.
Mr. Duke further stated that Mr. Boyd had similar operations in the Sterling,
Virginia area and they were operated under the same conditions as stated in this application.
There was no opposition.
Dennis T. Cole moved to approve the application without the conditions recommended by
the Planning Commission. Donald R. Hodgson seconded the motion.
Mr. Madigan moved to amend Mr. Cole's motion to retain the conditions recommended by
the Planning Commission relative to alcoholic beverages and the security guard. This motion died
for the lack of a second.
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the application of Robert H. Boyd for the construction of a roller rink on the north side
of Route 7 behind Clarke Chrysler Plymouth Motors with the stipulation that paved parking be
provided:
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; Richard F. Madigan, Nay,
PLANNING COMMISSION RECOMMENDATION ON SEWAGE TREATMENT PLANTS
Mr. Sandy read a memorandum from the Planning Commission in which the Planning Com-
mission recommended that no building permits be issued for lots in previously approved sub-
divisions where no capacity is available to treat sewage from these developments until such
time as the sewage treatment facilities are certified by the Virginia State Water Control Board
as having capacity to accept the additional sewage.
Mr. Berg stated that his department has received a number of letters, mainly from
residents complaining of the odor from the Winchester treatment plant and thus the Planning Com-
mission decided to make this recommendation to the Board.
Mr. Renalds stated that in a letter received from the State Water Control Board they
acknowledged the fact that the Winchester Sewage Treatment Plant is overloaded, but could give
no definite date as to when the upgrading would be completed.
Mr. Cole stated he did not think it was fair to the people of Frederick County to
have a moratorium put on building permits while the citizens of the City would still be allowed
to hook up to the plant, and continue with their building.
Mr. Phillip grove appeared before the Board and Stated he did not feel their was
enough evidence to justify the Board putting a moratorium on building in the County at this time.
He further stated that the Board had previously approved the Heritage Hills Subdivision for
hook -up to the Winchester Sewage Treatment Plant.
Mr. James Wilkins appeared before the Board and asked that the moratorium not be'
imposed on the County as it would cause a hardship on a number of citizens that had purchased
lots and were ready to build at this time.
Mr. Sandy stated that both sides had to be considered, the builder as well as the
citizens that had to put up with the odor.
Mr. Hodgson stated that he was in favor of the moratorium until such time as the
is updated to rectify the problem.
ARTICLE VI
RESIDENTIAL, GENERAL
DISTRICT R -3
Statement of Intent
This district is composed of.high concentrations of residential uses, plus certain open areas where
similar development appears likely to occur. The regulations for this district are designed to
stabilize and protect the essential characteristics of the district, to promote and encourage,
insofar as compatible with the intensity of land use, a suitable environment for family life
6 -1. USE REGULATIONS
In Residential District R -3, structures to be erected or land to be used shall be for
one or more of the following uses:
6 -1 -1. Single - family dwellings.
6 -1 -2. Rooming and Boarding Houses.
6 -1 -3. Tourist homes.
6 -1 -4. Schools.
• 6 -1 -5. Churches.
6 -1 -6. Convalescent and nursing homes, with a Conditional Use Permit.
6 -1 -7. Public parks, playgrounds, and recreational uses with a Conditional Use Permit.
6 -1 -8. General hospitals with a Conditional Use Permit.
6 -1 -9. Home Occupations, as defined, conducted entirely under cover by the occupant, with a
Conditional Use Permit.
6 -1 -10. Off- street parking as required by this ordinance.
6 -1 -11. Accessory buildings permitted as defined. However, garages or other accessory structures
such as carports, porches, and stoops attached to the main building shall be considered
part of the main building. No accessory building shall be closer than five (5) feet to
any property line.
6 -1 -12. Public utilities such as p6les, lines, distribution transformers, pipes and meters,
• including water and sewer lines.
6 -1 -13. Business signs only to advertise the sale or rent of the premises upon which erected.
' 6 -1 -14. Church bulletin boards and identification signs.
6 -1 -15. Directional signs.
6 -1 -16. Home occupation signs.
6 -1 -17. Fire stations, companies, and rescue squads.
6 -2. AREA REGULATIONS
6 -2 -1. For lots containing or intended to contain a single permitted use served by public water
and sewage disposal, the minimum lot area shall be twelve thousand (12,000) square feet,
with a minimum lot width at the setback line of eighty (80) feet.
6 -2 -2. For lots containing or intended to contain a single permitted use served by public water
systems, but having individual sewage disposal, the minimum lot area shall be twenty
thousand (20,000) square feet, with a minimum lot width at the setback line of one
hundred (100) feet.
6 -2 -3. 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 forty thousand (40,000)
square feet, with a minimum lot width at the setback line of one hunderd twenty (120)
feet.
' 6 -3. SETBACK REGULATIONS
6 -3 -1. No structure except church bulletin boards and permitted identification signs and
on- premises directional signs shall be located between the setback line and the street,
road or highway center line.
6 -3 -2. The setback line shall be located thirty -five (35) feet or more from any highway, street
or.road right -of -way which is fifty (50) feet or greater in width or sixty (60) feet or
more from the center line of any street with a right -of -way less than fifty (50) feet in
width and parallel or concentric to the center line.
composed of an adult
population with some
children, and to
encourage the development of modest
•
dwellings within the
reach of families of
modest income.
This residential district is not com-
pletely residential
as it includes public
and semi - public,
institutional, and other related uses.
6 -1. USE REGULATIONS
In Residential District R -3, structures to be erected or land to be used shall be for
one or more of the following uses:
6 -1 -1. Single - family dwellings.
6 -1 -2. Rooming and Boarding Houses.
6 -1 -3. Tourist homes.
6 -1 -4. Schools.
• 6 -1 -5. Churches.
6 -1 -6. Convalescent and nursing homes, with a Conditional Use Permit.
6 -1 -7. Public parks, playgrounds, and recreational uses with a Conditional Use Permit.
6 -1 -8. General hospitals with a Conditional Use Permit.
6 -1 -9. Home Occupations, as defined, conducted entirely under cover by the occupant, with a
Conditional Use Permit.
6 -1 -10. Off- street parking as required by this ordinance.
6 -1 -11. Accessory buildings permitted as defined. However, garages or other accessory structures
such as carports, porches, and stoops attached to the main building shall be considered
part of the main building. No accessory building shall be closer than five (5) feet to
any property line.
6 -1 -12. Public utilities such as p6les, lines, distribution transformers, pipes and meters,
• including water and sewer lines.
6 -1 -13. Business signs only to advertise the sale or rent of the premises upon which erected.
' 6 -1 -14. Church bulletin boards and identification signs.
6 -1 -15. Directional signs.
6 -1 -16. Home occupation signs.
6 -1 -17. Fire stations, companies, and rescue squads.
6 -2. AREA REGULATIONS
6 -2 -1. For lots containing or intended to contain a single permitted use served by public water
and sewage disposal, the minimum lot area shall be twelve thousand (12,000) square feet,
with a minimum lot width at the setback line of eighty (80) feet.
6 -2 -2. For lots containing or intended to contain a single permitted use served by public water
systems, but having individual sewage disposal, the minimum lot area shall be twenty
thousand (20,000) square feet, with a minimum lot width at the setback line of one
hundred (100) feet.
6 -2 -3. 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 forty thousand (40,000)
square feet, with a minimum lot width at the setback line of one hunderd twenty (120)
feet.
' 6 -3. SETBACK REGULATIONS
6 -3 -1. No structure except church bulletin boards and permitted identification signs and
on- premises directional signs shall be located between the setback line and the street,
road or highway center line.
6 -3 -2. The setback line shall be located thirty -five (35) feet or more from any highway, street
or.road right -of -way which is fifty (50) feet or greater in width or sixty (60) feet or
more from the center line of any street with a right -of -way less than fifty (50) feet in
width and parallel or concentric to the center line.
6 -4. YARD REGULATIONS
6 -4 -1. Side - The minimum side yard for each main structure shall be ten (10) feet and the '
total width of the two (2) required side yards shall be twenty -five (25) feet.
6 -4 -2. Rear - Each main structure shall have a rear yard of twenty -five (25) feet.
6 -5 HEIGHT REGULATIONS
Buildings may be erected up to thirty -five (35) feet in height from grade except that:
6 -5 -1. The height limit for dwellings may be increased up to ten (10) feet and up to three (3)
stories provided there are two (2) side yards for each permitted use, each of which is
ten (10) feet or more, plus one (1) foot or more of side yard for each additional foot
of building height over thirty -five (35) feet.
6 -5 -2. A public or semi - public
building such
as a school,
church,
library or hospital may be
•
erected to a height of sixty
(60) feet from grade
provided
that required front, side
both main and accessory buildings.
and rear yards shall be
(35) feet.
increased one
(1) foot for
each foot in height over thirty -five
'
6 -5 -3. Church spires, belfries
P , ,
cupolas, monuments
P
water
towers >
chimneys, flues flag poles,
, g P ,
television antennae and
radio aerials
are exempt.
Parapet
walls may be up to four (4)
feet above the height of
the building
on which the
roof rests.
6 -5 -4. No accessory building which is within ten (10) feet of any party lot line shall be more
than one (1) story high. All accessory buildings shall be less than the main building
in height.
6 -6. SPECIAL PROVISIONS FOR CORNER LOTS
6 -6 -1.
Of the two (2) sides of a corner lot the front shall be deemed to be the shortest of the
two (2) sides fronting on streets.
•
6 -6 -2.
The side yard on the side facing the side street shall be thirty -five (35) feet or more f
r
both main and accessory buildings.
6 -6 -3.
For subdivisions platted after the enactment of this ordinance, each corner lot shall
have a minimum width at the setback line of one hundred (100) feet.
ARTICLE XXIV
MULTIFAMILY - RESIDENTIAL
DISTRICT R -6
Statement of Intent
This district
is composed of the highest density residential uses such as multi - family dwellings
and public
or semi- public uses. The regulations for this district are designed to permit higher
•
density
living, with adequate open space and common recreation areas. While several types of
dwellings are permitted, each should not be mixed with the other without open areas to group each
,
type of
dwelling.
24 -1.
USE REGULATIONS
In Multi - family District R -6 structures to be erected, or land to be used, shall be for
one or more of the following uses:
24 -1 -1.
Apartment houses.
24 -1 -2.
Two- family detach dwellings.
24 -1 -3.
One - family semi- detached and attached dwellings (single - family homes that share one or
more common wall with adjacent single - family dwellings).
24 -1 -4.
Schools.
24 -1 -5.
Churches.
24 -1 -6.
Professional Offices.
24 -1 -7.
Public parks, playgrounds, and recreational uses with a Conditional Use Permit.
24 -1 -8.
Neighborhood commercial uses such as Drug Stores, Grocery Stores, and personal services.
Such uses shall be limited to not more than twenty -five per cent (25 %) of the total floor
area permitted.
'
24 -1 -9.
Off- street parking as required by this ordinance.
24 -1 -10.
Accessory buildings as defined. However, garages or other accessory structures such as
carports and porches attached to the main building shall be considered part of the main
building. No accessory building shall be closer than five (5) feet to any property line.
24 -1 -11. Public utilities including poles, lines, distribution transformers, pipes, and meters,
water and sewer facilities and lines.
' 24 -1 -12. Business signs.
24 -1 -13. Church bulletin boards and identification signs.
24 -1 -14. Directional signs.
24 -1 -15. Fire stations, companies, and rescue squads.
24 -2. AREA REGULATIONS
The following floor area ratios shall govern area regulations:
24 -2 -1. For apartment houses the maximum floor area shall be .28.
• 24 -2 -2. For one - family semi - detached and attached dwellings the maximum floor area ratio shall
be .14.
24 -2 -3. For all other permitted uses in this district the maximum floor area ratio shall be
.40.
24 -2 -4. Permitted floor area calculation: Floor area is defined as the sum of the gross areas
of the several floors of a building measured from the exterior faces of exterior walls
or from the center lines of walls separating two (2) buildings. The area does not
include any terrace, patio, exterior porch or balcony which is not covered or garage
spaces or areas used for major mechanical equipment. Permitted building size, in
floor area, is calculated by multiplying the Floor Area Ratio (FAR) times the gross
land area.
24 -3. SETBACK REGULATIONS
• I 24 -3 -1. No structure, except church bulletin boards and permitted identification signs and
on- premises directional signs, shall be located between the setback line and the
street, road or highway centerline.
24 -3 -2. The setback line shall be located thirty -five (35) feet or more from any highway,
street or road right -of -way which is fifty (50) feet or greater in width or sixty
(60) feet or more from the center line of any street with a right -of -way less than
fifty (50) feet in width and parallel or concentric to the center line.
' 24 -4. YARD REGULATIONS
24 -4 -1. Side - Each main building or grouping shall have side yards of twenty (20) feet when
adjoining single - family detached residence districts. In no case shall a side yard of
less than fifteen (15) feet in width be provided.
24 -4 -2. Rear - Each dwelling shall have a rear yard of twenty (20) feet.
• 24 -5. WIDTH REGULATIONS
24 -5 -1. The minimum lot width at the setback line shall be one hundred (100) feet.
I 24-5-2. The minimum lot width for each single- family attached or semi - detached dwelling shall
be eighteen (18) feet at the setback line.
24 -6. SPECIAL PROVISIONS FOR CORNER LOTS
24 -6 -1. Of the two (2) sides of a corner lot the front shall be deemed to be the shortest of
the two (2) sides fronting on streets.
24 -6 -2. The side yard on the side facing the side street shall be thirty -five (35) feet or
more for both main and accessory building.
24 -6 -3. Each corner lot shall have a minimum width at the setback line of one hundred (100)
feet, except for single - family attached dwellings which shall have a minimum width
of thirty (30) feet at the setback.
24 -7. OPEN SPACE AND RECREATION REQUIREMENTS
24 -7 -1. Required recreation area shall be provided based upon the population per dwelling unit.
Population shall be computed using a factor of three (3) persons per single- family
unit, and two (2) persons per apartment unit.
24 -7 -2. Institutions shall be exempt from this requirement.
24 -7 -3. Based upon the National Recreation and Parks Association recommendations of fifteen (15
acres of park land per 1,000 population or $30.00 expended on parks per person, .015
acres of recreation area shall be provided per person. Less area, .0075 acres per
person, may be provided if $15.00 per person is dedicated to Frederick County to
provide additional recreation in the district.
24 -8. OPEN SPACE AND RECREATION AREAS
24 -8 -1.
Common areas and recreation areas shall be maintained by and be the sole responsibility
of the developer -owner of the multi - family development. If units are to be sold or ever
are sold on an individual basis, common areas and recreation areas and open space shall
be conveyed to a non - profit corporate owner whose members shall be all of the individual
owners of the multi - family dwellings in the development, and membership shall be
'
manditory. Such organization shall not be dissolved nor shall it dispose of any common
space, open space or recreation areas by sale or otherwise, without first offering to
dedicate the same to Frederick County.
24 -8 -2.
In the event that the organization established to own and maintain common open space and
recreation areas, or any successor organization, shall at any time after establishment
of the multi - family development fail to maintain the open space and recreation areas in
reasonable order and condition in accordance with the plan, Frederick County may serve
written notice upon such organization or upon the residents and owners of the multi-
family development setting forth the manner in which the organization has failed to
maintain the open space and recreation areas in reasonable condition, and said notice
shall include a demand that such deficiencies of maintenance be cured within thirty (30)
days thereof. If the deficiencies set forth in the original notice or in the
modifications thereof are not cured within said thirty (30) days or any extension thereof,
•
the County in order to preserve the taxable value of the properties within the multi-
family development and to prevent the open space and recreation areas from becoming a
public nuisance, may enter upon said space and areas and maintain the same for a period
'
of one (1) year. Said entry and maintenance shall not vest in the public any rights to
use the open space or recreation areas except when the same is voluntarily dedicated to
the County by the residents and owners. Before the expiration of said year, the County
shall, upon its initiative or upon the request of the organization theretofore
responsible for the maintenance of the common space, call a public hearing upon notice to
such organization, or the residents and owners of the multi - family development, to be
held by the governing body, at which hearing such organization or the residents and
owners of the multi - family development shall show cause why such maintenance by the
County shall not, at the election of the County, continue for a succeeding year. If
Frederick County shall determine that such organization is ready and able to maintain
'
said open space and recreation areas in reasonable condition, the County shall cease to
maintain said common space and recreation areas at the end of said year. If Frederick
County shall determine such organization is not ready and able to maintain said open
space and recreation areas in a reasonable condition, the County may continue to
•
maintain said open space and recreation areas during the next succeeding year and
subject to a similar hearing and determination in each year thereafter.
24 -8 -3.
The decision of the County in any case shall constitute a final administrative decision
subject to appeal for judicial review.
24 -8 -4.
The cost of such maintenance by the County shall be assessed ratably against the
properties within the multi- family development and shall become a tax lien on said
properties. The County, at the time of entering upon said open space and recreation
areas for the purpose of maintenance, shall file a notice of such lien in the office of
the County Clerk upon the properties affected by such lien within the multi - family
'
development.
24 -9.
SPECIAL REGULATIONS
24 -9 -1. No more than eight (8) attached or semi - detached units shall be included in any
grouping.
24 -9 -2. Attached dwellings shall be separated by a non - combustible party wall to the roof, with •
a fire resistance of not less than two (2) hours duration.
24 -9 -3. Each dwelling shall front on a dedicated public street or a thirty -four (34) foot ,
minimum width access easement.
24 -9 -4. The facades of dwelling units in a single - family attached development shall be varied by
changing front yards by not less than two (2) feet and varying materials or design, so
that no more than four (4) adjacent dwelling units will have the same front yard depth
or the same or essentially the same architectural treatment of facades and roof lines.
24 -9 -5. For each dwelling unit there shall be an average of two (2) off - street parking spaces
provided on the lot or within one hundred fifty (150) feet thereof.
24 -10. SITE PLAN
24 -10 -1. A site plan as described in Section 16 of this ordinance shall be submitted and
approved for R -6 developments.
24 -11. SEWERAGE
No multi - family dwelling shall be constructed with individual sewerage systems and II
individual water systems, except by Conditional Use Permit.
I
Mr.•Cole stated that he did not feel the small number of hook -ups from the County made
a great deal of difference in the plants' operation. He further stated that he felt the Board
should consider this matter much more carefully before taking action.
Mr. Madigan stated that he felt the moratorium would bring the problems at the plant
to a quick solution.
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
7 L
0
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia
does herein direct that no building permits shall be issued for lots in previously approved
subdivision where no capacity is available to treat sewage from these developments until such
time as the sewage treatment facilities are certified by the Virginia State Water Control Board
as having capacity to accept the additional sewage.
The above resolution was passed by the following recorded vote: J. Robert Russell, Aye;
Donald R. Hodgson, Ayel RichardF. Madigan, Aye; Dennis T. Cole, Nay, stating he felt this action
was taken in haste and Raymond C. Sandy, Nay, stating that this would effect a lot of people.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
r 1
LJ
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia
does herein direct the County Administrator to send a letter to the State Water Control Board
requesting a reply as soon as possible as to the capacity of all sewage treatment plants in
Frederick County and the City of Winchester; copies of said letter to be sent to all government
representatives, State Senator William Truban, Delegate Raymond Guest, Delegate Alson Smith,
and Congressman Kenneth Robinson.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
J. Robert Russell, Aye; Dennis T. Cold, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
Action on Motor
Mt. Falls -
Mr. John Fauver appeared before the Board and requested that something be done about
the motorcycles that were causing a disturbance near his home in Mt. Falls. He complained that
the noise and dust were the two things that the citizens objected to the most.
Mr. Sandy told Mr. Fauver that this matter would be taken under advisement.
CONDITIONAL USE PERMITS
Mr. Renalds presented the applications for conditional use permits. There was no
opposition to any of the following applications:
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
t
herein approve the Conditional Use Permits:
BACK CREEK DISTRICT
a. Harold M. Baker
b. Stanley Lee Seabright
c. Mrs. A. M. Robinson
d. Carmen Shumaker
GAINESBORD DISTRICT
1
a. Alvin and Thelma Baker
b. Haywood F. Dodson
c. Mary Frances Rankin
OPEQUON DISTRICT
a. Harry Burroughs
b. Delmar DeHaven
STONEWALL DISTRICT
a. Robert J. O'Connor
b. Earl Haines
RM
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye.
SHERIFF* DEPARTMENT - APPROPRIATION TRANSFER - APPROVED ,
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that
the following appropriation'transfer within the 1973 -74 Fiscal year budget is herein approved
for the purchase of cameras, riot equipment and fingerprint equipment for the Sheriff's Department:
From To
06 -006A -221 $2,000.00 19 -006A -4990 $2,000.00
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; •
J. Robert Russell, Aye; Dennis T. Cold, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
SHERIF'F'S DEPARTMENT - BUDGET ADJUSTMENT - APPROVED
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that
the following adjustment to the 1974 -75 fiscal year budget is herein approved in order that the
County Administrator in conjunction with the Sheriff of Frederick County may submit applications
to the Division of Justice and Crime Prevention for grant funds to be applied toward the purchase '
of one (1) four wheel drive vehicle and a logging dictaphone machine.
it is understood that the total cost of this equipment is to be approximately $17,856.00 •
and that the County's share of the total cost will approximately $4,464.00.
Decrease Estimated Revenue:
05 -6870 $964.00
Increase General Fund appropriations:
19 -006A -400 $3,500.00
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.
APPOINTMENT TO CHAPTER 10 BOARD
Mr. Cole nominated Mr. James W. Sumption to serve on the Chapter 10 Board as Frederick
County's fourth member. •
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 ,
herein appoint Mr. James W. Sumption to serve on the Chapter 10 Board as a representative from
Frederick County.
The above resolution was passed by the following vote: Raymond C.Sandy, Aye; Dennis T.
Cole, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
APPOINTMENT TO COMPREHENSIVE BEA= PLANNING COMMITTEE
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
herein approve the appointment of Mr. J. Robert Russell, to the Comprehensive Health Planning
Committee.
The above resolution was passed by the following vote: Raymond C. Sandy, Aye; Dennis
T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
APPOINTMENT OF FREDERICK COUNTY INDUSTRIAL DEVEIDPMENT AUTHORITY
Upon motion made by J. Robert Russell and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does ,
herein table this appointment until the next regular meeting of this Board.
-375
The abpve resolution was passed by the following recorded vote: Raynbnd C. Sandy, Aye;
J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
SUPPLEMENTAL APPROPRIATION - JUDGE WOLTZ - 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 approve a supplemental appropriation in the amount of $100.00 to Account Number 05 -OOSA -109
for the budget of the Circuit Court for fiscal year 1973 -74.
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 Rickard F. Madigan, Aye.
REQUEST FROM JUDGE MARSHALL - BULLET PROOF SHIELDS - T UNDER ADVISEMENT
A letter was submitted to the Board from Judge Elliott Marshall in which he asked the
Board to render their opinion on installing bullet proof shields behind the benches to protect
the Judge ih of violence.
It was agreed upon by the Board to take this matter under advisement.
PLUMBING PERMIT REFUND - 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 approve refunds for plumbing permits in the amount of $21.50 and $23.00 to Wilkins
Company inasmuch as the two dwellings for which the plumbing permits were obtained are on city
water and sewer.
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.
PLUMBING PERMIT PROCEDURE - APPROVED
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the
following method of obtaining plumbing permits be adopted:
1. Plumbers may submit the information necessary to obtain a plumbing permit
to the office of the Buildingiinspector by telephone.
2. Bills for permits issued during the month will be rendered at the end
of said month.
3. All accounts must be paid by the 10th of the following month.
4. Any plumber who becomes delinquent in his account shall be refused
any further plumbing permits until his account is paid in full.
5. Only full time plumbers holding a valid State Contractor's License
shall be issued plumbing permits in accordance with this procedure.
All others must apply in person to the Building Inspector's Office.
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 THISTLE SPRAYING -
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 does herein
request the Frederick County ASC Development group to amend their recommendations for the 1973
Agricultural Conservation Program to include a conservation practice for application of spray
to control thistles.
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 REPORT - 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.
REQUEST FROM SHERIFFIS DEPARTMENT - TO JOIN CENTRAL SHENANDOAH C R I M I NAL JUSTICE TRAINING CENTER
Upon motion made by Dennis T. Cole and seconded by J. Robert Russell,
BE IT RESOLVED, That the Frederick County Board of Supervisors does herein authorize the
joining of the Central Shenandoah Criminal Justice Training Center by the County of Frederick; and
BE IT FURTHER RESOLVED, That an appropriation be made for membership in the Central
Shenandoah Criminal Justice Training Center based on the formula of $3.75 per person employed in
the law enforcement field, including correctional officers, by Frederick County, and $4.10 per
thousand of population residing in 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.
PLAT REVISION - MALLORY SUBDIVISION - APPROVED
upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson,
BE IT RESOLVED, That the Frederick County Board of Supervisors does herein approve the
plat revision of Mallory Subdivision in Opequon 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.
LETTER OF APPRECIATION TO C. L. ROBINSON FOR DONATION OF PROPERTY TO SCHOOL BOARD
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, Virginia does
herein direct the County Administrator to send a letter of appreciation on behalf of the Board of
Supervisors to C. L.Robinson Corporation for the donation of 40 acres of land to the Frederick
County School Board for the construction of a new school.
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.
Mr. Sandy requested that the School Board be notified that before any additional land is
purchased or a site plan developed, the School Board should meet with the Board of Supervisors
to discuss these matters.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY IT IS ORDERED THAT THE BOARD OF
DO NOW ADJOURN.
G. (9.
P cretary Bd. of Supervisors
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At the Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia,
held on the 26th day of June, 1974, in the Board of Supervisors' Meeting Room, 9 Court Square,
Winchester, Virginia.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice - Ch airman ; Dennis T. Cole;
Donald R. Hodgson; and Richard D. Madigan.
The Chairman called the meeting to order.
APPROVAL OF BILLS
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, Virginia, does
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herein approve bills incurred during the month of June, 1974, in the amount of $106,298.17 and
does order the same paid by Warrants $05908 through #05985 and #06082 through 806083.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye,
Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Mr. Russell was not
present for this vote.
BUILDING PERMIT REFUND - DAVID DEHAVEN - APPROVE
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, Virginia
does herein approve a refund in the amount of $15.50 to David DeHaven for the erroneous pur-
chase of a building permit.
The above resolution was passed by the following recorded vote: Raymond C. Sandy,
Aye; Dennis T. Cole, Aye, Donald R. Hodgson, Aye; Richard F. Madigan, Aye. Mr. Russell was not
present for this vote.
MORATORIUM BUILDIIW. PERMITS - RETAINED
Mr. Sandy stated that he had received several requests for the Board to hear additional
information relative to the moratorium now in effect on building permits.
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 agree to hear, at this meeting, additional information relative to the moratorium now
in effect on building permits for structures to be served by the Winchester Sewage Treatment Plant.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
J. Robert Russell, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Ayej, Mr. Donald R. Hodgson
voted Nay.
Mr. F. L. Largent appeared before the Board representing the owners and developers of
Heritage Hills Subdivision and stated that he felt the action taken by the Board in imposing the
moratorium was highly improper in that the question of whether or not the Winchester Sewage
Treatment Plant was capable of accepting more connections should have been submitted to the State
Water Control Board for determination. He further stated that the Winchester Sewage Treatment
Plant is certified by the State Water Control Board and to date no notice has been received by(.
the City advising that the plant is inadequate from the State Water Control Board. Mr. Largent
stated that the Heritage Hills subdivision had been approved by the Highway Department and the
Board of Supervisors had approved the said subdivision for municipal water and sewer. He stated
that the developers, based on this approval, had expended and had contracted to expend several
hundred thousand dollars in the development of this subdivision. He stated that the odor problem
at the plant would be evident regardless of overloading and further that the city has never been
advised that the materials going back into Abrams Creek are in violation of the regulations set
forth by the State Water Control Board. Mr. Largent stated that he felt the Board, in order to
take action responsibly on this matter, should have a determination of the situation made by the
State Water Control Board.
Mr. Largent then requested that the moratorium be lifted until such time as a deter-
mination by the State Water Control Board can be made.
Mr. Madigan stated that he had toured the Winchester Plant and found that the plant
was designed for 6 mgd and not 2 mdg as he had previously thought. He further stated that he
had found the plant to be neat, clean, and orderly and found no odor at the plant location. Mr.
Madigan stated that he did not think the odor problem was caused by the flow. He stated that he
had examined the records kept at the plant and went over the guidelines for the operation of the
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plant and found that they were within their limits at all times.
Mr. Hodgson stated that he was concerned with all the treatment plants in the area not
just the Winchester Plant. He asked Mr. Largent if he had information to present to Board indicat-
ing that the Winchester Plant was not overloaded- Mr. Largent stated that the Plant is certified by
the State Water Control Board and if they were in violation the City would be so notified by the
State Water Control Board.
Mr. Hodgson stated that the latest information received from the State Water Control Board
does indeed indicate that the Winchester Plant is. overloaded.
Mr. Madigan asked Mr. Renalds if the Plant was designed for 2 mgd or 6 mgd and Mr. Renalds
stated that it was designed for 2 mgd.
Mr. Renalds presented an extract from the Winchester Master Plan to the Board wherein it
is stated that the Winchester Plant is hydraulically overloaded.
Several citizens appeared before the Board requesting that the moratorium be retained.
Mr. Charles Boyd appeared before the Board representing the Frederick County EnviFOn-
mental Coundil and stated that the materials coming down Abrams Creek from the Winchester Plant are
apparent along the stream at any time. He stated that the Frederick County Environmental Council
felt the moratorium should be retained until such time as a comprehensive master plan for Frederick
County is completed.
Mr Sumner appeared before the Board and stated that a petition had been presented to the
Board with 300 signatures asking that something be done about the odor problem from the plant. He
requested the retention of the moratorium.
Mr. Robert Richter appeared before the Board and stated that he felt the discharge into
Abrams Creek was unsafe and unsanitary and urged the Board to retain the moratorium until such
time as the State Water Control Board certifies that the Plant is operating at capacity and within
the regulations set forth by the State Water Control Board.
Mr. Harold Knight appeared before the Board and requested that the moratorium be kept in
effect until a determination can be made as to whether the Plant is in fact at capacity.
Reverend Josiah Andrews appeared before the Board and requested that the moratorium be
retained until a master paln is adopted by the County.
Mr. Joseph Athey appeared before the Board and stated that he felt the Board should set
their priorities toward the people already in the County rather than toward those who will be
coming into the County inasmuch as many areas have been awaiting water and sewage for many years.
Mr. Largent stated that in August of 1973, a Summary Performance Report in the publication
Virginia Water for the months of June, July, and August indicated no violation in flow, B.O.D., or
suspended solids for the Winchester Plant.
Mr. Madigan stated that in the Winchester Master Plan it is stated that the sewage
treatment plant is inadequate and was polluting Abrams Creek. He read a section of the plan where-
in these statements were set forth.
Mr. Largent stated that even though this was a consultant's report it could be inaccurate
and that the questions relative to the sewage treatment plant should be resolved by the State
Water Control Board.
Mr. Russell stated that he was serving his second term on the Board of Supervisors and
that complaints about the sewage treatment plant had been received by the Board during this entire
time. He stated that the Board members represent the people of Frederick County and that he felt
this matter must be clarified for both the people and the Board members. Mr. Russell stated that he
felt the Board should send a representative to Richmond to meet with the State Water Control Board
to get the pertinent facts on the plant in order that a decision could be made on the matter.
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Mr. Russell stated that he too had toured the plant and found it to be very clean and the operator
very capable but he felt the Board needed facts in order to make a responsible decision. He
further stated that he felt the Board must have answers to the many questions which had arisen
concerning the Plant before the moratorium is lifted.
Mr. Cole stated that he felt it should be brought out that this plant is owned by the
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City and governed by the State Water Control Board. He stated that the Board can prohibit the
county from hooking on to the plant but we can not stop the city from adding additional hook -ups.
He stated that the city is adding more hook -ups evety day and if the plant is in fact overloaded,
why does the State water Control Board allow these additional hook -ups to continue. He stated
that he felt the operation of the plant relative to regulations was definitely the responsibility
of the State Water Control Board.
Mr. Sandy stated that he felt a certain responsibility to the developer inasmuch as
the subdivision had been approved by the Board and funds had been expended by the developer based
upon this approval. He further stated that inasmuch as there were so many contradictions brought
forth tonight, he too felt that the Board should send a representative to Richmond to obtain the
correct information relative to the Plant. He further stated that he felt things would not get
worse with the moratorium in effect whereby if the moratorium were lifted matters might very well
get worse.
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, Virginia,
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does herein direct that the moratorium, enacted by this Board on June 12, 1974, relative to the
issuance of building permits in previously approved subdivisions QM. no capacity is available
to treat sewage from these developments, be retained.
The above resolution was passed by the following recorded vote: Raymond C. Sandy; Aye;
J. Robert Russell, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. Mr. Cole abstained
from this vote stating that he felt this problem should be resolved by the State Water Control
Board and the City of Winchester.
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, Virginia
does herein direct that the County Administrator, one board member, and a concerned citizen, at
his own expense, be sent to Richmond to secure the facts about the treatment plants in Frederick
County and report back to this Board immediately upon receipt of these facts as soon as possible
for action by this Board.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye.
Mr. Cole asked how this citizen would be chosen and the Board agreed that Mr. Hodgson
and the Chairman of the Board would make this selection.
PUBLIC HEARIIW.S
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AN ORDINANCE REQUIRING THE FENCING OF SWIMMING POOLS IN FREDERICK COUNTY, VIRGINIA - THIRD AND
FINAL READING - APPROVED:
Mr. Madigan read the ordinance in full, Mr. Renalds stated that in the first para-
graph of the ordinance the year 1950 should be inserted following the words "Code of Virginia"
and that in the last paragraph the effective date of the ordinance should be changed to 90 days
after its adoption.
Mr. Cole moved to accept the amendments recommended by Mr. Renalds and Mr. Madigan
seconded the motion. The amendments were accepted by a unanimous vote of the Board.
A man in the audience asked if this ordinance would include above - ground pools as well
as in- ground pools and the Board concluded that it did include pools of this type.
Mr. Massie asked if this ordinance would apply to those persons who have their
pool located in a large tract of land which has been posted and Mr. Cole stated that the state
statute sets forth all pools and therefore it would apply to those persons. ,
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 on third and final reading the following ordinance:
AN ORDINANCE REQUIRING FENCING OF SWIMMING
POOLS IN FREDERICK COUNTY, VIRGINIA
BE iT ORDAIINED,'By the County Frederick:
Section 1 . As provided for by Section 15.1 -29 of the Code of Virginia, (1950) as •
amended, a county located within the Commonwealth of Virginia is permitted to adopt an ordinance
requiring the complete fencing of swimming pools located within that county's jurisdictional
boundary.
Section 2. The term n swimm♦n g pool" shall include any outdoor man -made structure
constructed from material other than natural earth or soil designed or used tolhold water for the
purpose of providing a swimming or bathing place for any person or any such structure for the pur-
pose of impounding water therein to a depth of more than two feet.
Section 3 . The term "fence" shall mean a close type vertical barrier not less than
four feet in height above ground surface. A woven steel wire, chain link, picket or solid board
type fence or a fence of similar construction which will prevent the smallest of children from
getting through shall be construed as within this definition. '
Section 4 . It shall be unlawful for any person to construct, maintain use, possess
or control any pool on any property in Frederick County, Virginia, without having completely around
such swimming pool a fence as hereinabove'defined. •
Section 5 . Furthermore, every gate in such fence shall be capable of being securely
fastened at a height of not less than four feet above ground level; that it shall be unlawful for
any such gate to be allowed to remain unfastened while the pool is not is use; and that such fence
shall be constructed so as to come within two inches of the ground at the bottom and shall be at
least five feet from the edge of the pool at any point.
Section 6 . Any person in violation of any provision of this ordinance may be made
punishable by a fine of not more than three hundred dollars or confinement in jail for not more
then thirty days, either or both. Each day's violation will be construed as a separate offense.
Section 7 . As allowed by Section 15.1 -29 of the Code of Virginia, (1950) as amended '
this ordinance shall be in full effect 90 days after its adoption and will be applicable to
swimming pools constructed before, as well as those constructed after this ordinance adoption.
The above resolution was passed by the following recorded vote: RaymondC. Sandy,
Aye, J. Robert Russell, Aye; Dennis T. Cole, Ayer Donald R. Hodgson, Aye; and Richard F. Madigan,
Aye. •
AN ORDINANCE TO AMEND AN ORDINANCE ADOPTED MAY 10, 1972, ENTITLED AN ORDINANCE TO REGULATE THE
CONSTRUCTION AND EXPANSION OF CENTRAL WATER AND SE WER SYSTEMS WITHIN THE C O U NTY OF FREDERICK, '
V31G INIA - THIRD AND FINAL READING - APPROVED
Mr. Madigan read the ordinance in full.
There was no opposition.
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, Virginia
does herein approve, on third and final reading, the following ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE PASSED MAY
10, 1972, ENTITLED AN ORDINANCE TO REGUTATE
THE CONSTRUCTION AND EXPANSION OF CENTRAL
WATER AND SEWER SYSTEMS WITHIN THE COUNTY
OF FREDERICK, VIRGINIA
BE IT ORDAIN=, By the Board of Supervisors of the County of Frederick, Virginia
that the following amendment is herein made:
Section 1 . Article Ii, Section 2 -1 of the above referenced ordinance shall be
amended to include the words "including municipal corporation" immediately after the word
corporation. This change is permitted according to Section 15.1 -326 of the Code of Virginia, ,
1950 asamended.
Section 2 . Should any section of this ordinance be decided to be invalid or un-
constitutional, such decision shall not affect the validity or constitutionality of any other
section of this ordinance.
Section 3 . This ordinance shall be in full force and effect upon passage.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Ayer
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J. Robert Russell, Aye; Richard F. Madigan, Aye; Donald R. Hodgson, Aye; and Dennis T. Cole, Aye.
!HINT OF THE COMPREHENSIVE PLAN FOR FREDERICK COUNTY
- APPROVED
Mr. Madigan and Mr. Berg read the ordinance in full.
There was no opposition.
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, on third and final reading, the following ordinance:
AN ORDINANCE TO ADOPT THE LAND USE COMPONENT OF THE COMPREHENSIVE PLAN FOR FREDERICK COUNTY, VIRG
Whereas, Section 15.1 -452 of the Code of .Virginia, (1950) as amended, allows the local
governing body to approve and adopt parts of the Comprehensive Plan, and
Whereas, Section 15.1 -446 of the Code of Virginia, (1950), as amended, indicates that
part of the Comprehensive Plan may be known as a Land Use Plan,
THEREFORE, BE IT ORDAINED, By the Board of Supervisors of the County of Frederick that
the following Article of the Comprehensive Plan be adopted as the Land Use Plan.
ARTICLE I
Background
This land use plan for Frederick County resulted from an analysis of the county's past
growth coupled with estimates of its future growth potential. Thus, the recommendations in this
plan are based primarily on the studies listed below which were previously prepared by the
Frederick County Planning Commission.
1. Natural Resources
2. Existing Land Use
3. Population
4. Employment and Income
75.
6. Industrial Areas
7. Community Facilities
8. Recreation and Parks
In addition, a future street and highway plan has been prepared by the Virginia Depart-
ment of Highways in order that the future land use program might be closely integrated into an
adequate framework of major streets and highways, each serving its purpose and properly related
to the other.
Natural Resources
Frederick County (area 426 sq. mi. - 272,640 acres) lies in the Valley and Ridge province
at the upper end of the Shenandoah Valley, with foothills of the Allegheny Mountains in its
western portion. Temperatures average 3e in January, 76 in July. Precipitation is about 39
inches annually. Altitudes vary from 500 feet along Opequon Creek on the East boundary to 2,900
feet on the high western ridges. About half the total area is wooded; there are small sawmills
and some wood -using industries. Mineral resources are varied and include maganese, limonite
and coal which have been mined in years past and limestone, dolomite, shale and glass sand which
are now in production.
Springs occur in most portions of the county, and some with flows of 100 to 1,000 gallons
per minute occur near the limestone -shale contact along U. S. Highway 11. In the western portion
thermal springs that have temperatures as high as 105 degrees Fahrenheit have been reported.
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During the last 15 years many springs and shallow wells have decreased in yield or gone dry, which
appears to substantiate reports of a slightly lowering water table over this period. Several
flowing wells have been drilled in the county, but the natural flows are usually less than 5 '
gallons per minute.
Most of Frederick County is drained by Hogue Creek and Opequon Creek and their trib-
utaries. These two streams are direct tributaries of the Potomac River. The waters are rather
hard and therefore softening treatment is desirable for municipal and many industrial uses. The
southern portion of the county is drained by tributaries of Cedar Creek which forms a portion of
the southern boundary of the county. The waters of Cedar Creek are much softer than those of the
other two creeks named above. As the area drained by the streams of Frederick County is comparative. •
ly small, the flow is normally not very large and therefore storage reservoirs will be necessary in
order to furnish dependable supplies continuously.
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Frederick County, located in the Shenandoah Valley, is situated in the Northern part
of this famous physiographic province of Virginia. Its western boundary runs along the foothills
of the Allegheny Mountains and the eastern border is formed by Opequon Creek. About one -half of ,
the county lies in the rolling calcareous soil belt of the main valley. The remaining half of
the county is made up of foothills and rugged slopes of the Allegheny Mountains. .
The topography of the eastern one -half of the county is rolling and elevations vary
from 500 feet to about 1,000 feet. That part of the county lying to the west is almost entirely
within the Alleghenies with elevations varying from around 700 feet to 2,900 feet on the high
western ridges.
The county drains generally toward the northeast into the Potomac River mainly through
Opequon, Hogue, and Back Creeks. I
Future Land Use
Any plan of this nature must take into consideration social and economic factors of the
area which will affect all development in the county. Therefore, underlying the reasoning in this
plan formulation are such considerations as development of industrial potential, development of •
commerce and trade, development of natural resources, development of recreational resources, and ,
development of educational resources. These, in turn, influence population growth and distribution.
Essentially, then, this report is concerned with primarily two basic considerations:
1. Population growth and distribution
2. Land use program and policies
POPUTATION PAST - PRESENT - FUTURE
Population
Population data for the past years as available from reports of the U. S.Census Bureau
and from the Division of State Planning and Community Affairs of Virginia are utilized in the
preparation and extrapolation of estimates of population growth.
During the 1950 -1970 decades, only low population increases are noted in parts of the
report area. For example an increase of 800 persons in the City of Winchester, 120+ persons in
Middletown, 125 persons in Stephens City and 950+ in Opequon Magisterial District. However, for '
the same period the population in Frederick County showed a relatively strong upward trend approach-
ing a 65%+ population increase.
In three magisterial districts, Back Creek, Gainesboro and Opequon, population growth
�Joccurred mainly during the 1960 -1970 decade, in two districts (Shawnee and Stonewall) steady pop-
ulation growth is noted during 1950 -1960 and 1960 -1970 decades.
In 1971, the population of the City of Winchester increased due to annexation by 4900
persons with a corresponding decrease in County population.
Population data for Frederick County and the City of Winchester are s for the
years 1950 and 1970 in TABLE NO. 1 immediately following.
TABLE NO. 1
POPULATION FREDERICK COUNTY - WINCHESTER AREA
l/ Before annexation.
The Division of State Planning and Community Affairs of Virginia has predicted the foll-
owing populations through the year 2020.
Year
Area
1980
1990•
2000
2010
(S Mi. )
1950
1960
1970
Winchester
3.0
13,841
15,110
14,643
Frederick County
433.0
17,537
21,941
28,893
Magisterial Districts
Back Creek
117.8
1,923
1,812
4,604
Gainesboro
111.6
2,312
2,411
6,269
Opequon
71.8
4,256
4,772
5,202
Shawnee
54.8
4,178
6,560
8,034
Stonewall
76.9
4,868
6,386
4,784
Middletown
386
378
507
Stephens City
676
876
802
l/ Before annexation.
The Division of State Planning and Community Affairs of Virginia has predicted the foll-
owing populations through the year 2020.
Year
1971
1980
1990•
2000
2010
2020
Frederick County
24,795
28,700
33,400
39,200
45,500
52,800
Winchester
19,382
22,500
26,000
29,900
34,000
38,400
The distribution of predicted population and expected growth in the study area are con-
sidered in another section of this report.
Population Projections
The study of population has one specific practical application which is to predict pop-
ulation trends of the future. Some calculations consist simply of extending some plausible
pattern of growth from the past into the future. These future population calculations are
hypothetical by nature, and as predictions, are not one hundred percent reliable. In order to
make a realistic estimate of the future predictions, projections must include estimates of future
conditions affecting all the vital processes in a population: mortality, fertility, marriage,
and migration.
The solid nature of Frederick County's population characteristics and its consistent
growth pattern lead one to believe the future holds a promise of more and better things. Obviously
no one knows what new job opportunities will come to the Winchester Area or to what degree the
local economy will expand. However, it is evident that the basis for a sound continuing increase
in population exists.
Frederick is divided into five magisterial districts: Shawnee, Stonewall, Opequon,
Gainesboro and Back Creek. The census -to- census changes in population show that there has been
a gradual shift in population in the districts over the years. Shawnee District, which contained
one - seventh of the county's inhabitants in 1910, has grown steadily and today contains almost one -
third of the county's total population. Between 1960 and 1970, however, it seems significant to
point out the fact that all of the districts except one - increased in population.
Industry
Perhaps the main industrial development in Frederick County during the next twenty years
should be concentrated in an industrial park. This would allow the county to maintain greater
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control over the location and relocation of industry into areas of compatible uses, to create buffer
zones, and provide protection to investments by zoning and restrictive covenants.
An industrial park is a planned industrial area which is subdivided and developed according
to a comprehensive plan for the use of a community of industries. Streets, rail lead tracks, and
utilities are installed before sites are sold to prospective occupants. In many instances buildings
are erected and financed on a lease or lease- purchase basis to an industry which has only to move
in and begin operations. Futhermore, by placing emphasis on aesthetics, thus enhancing the public
relations value of a well- designed plant in pleasant surroundings, and by eliminating traffic
congestion through the use of adequate streets, off -street loading and unloading, and off -street
parking, an industrial park adds a great deal to a community's attractiveness as a potential in-
dustrial area.
A site already being considered as an industrial park would lend itself readily to this
type of development. Located in the urban portion of Frederick County, the site is just to the
South of Winchester and consists of more than one hundred and forty acres. Several important in=
gredients are already available. The Baltimore and Ohio Railroad bisects the tract and Interstate
61 borders one segment. In addition, water and sewer service can be extended from existing systems.
Future Land Development
Sound, long -range planning requires the cooperation of at least three different groups:
(1) the governing officials and their staffs - -they have a background of experience and knowledge
of the community and surrounding areas: (2) the general public represented by citizens' organ-
izations- -they can broaden the official viewpoint and offer advice on what may best serve the genera:
needs; (3) the professional planners, who with the aid of these other two groups, have the tech-
nical ability to draw up a plan that is efficient, conforms to the principles of community planning,
and could be carried out by the governing body. Inability to enlist the aid and support of any one
of these groups spells certain defeat of the plan.
Low Density Uses
Two types of low density uses are suggested by the Future Land Use Plan. The conservation
and residential - agricultural areas involve rural, open type uses such as farms, forest, parks,
flood plains, and other suitable conservation uses. The residential - agricultural area is used to
protect farming operations, and, as the need arises, allows for an orderly transition from open
rural uses to the more intensive urban uses. Since the conservation district covers an area into
which urban -type development will not likely expand, the quiet, low - density primitive character
of the area is maintained by limiting business to the *aajorihtghway type only. General business,
such as furniture and hardware stores and self - service groceries, are alien to agricultural and
conservation areas.
Conservation Areas
These areas cover the unincorporated portions of the county which are occupied by various
open uses, such as forest, parks, farms, mountains, or waterways. This district is established
for the specific purpose of facilitating existing and future farming operations, conservation of
water and other natural resources, reducing soil erosion, protecting watersheds, and reducing
hazards from flood and fire. Uses not consistent with the existing character of these areas should
not be permitted.
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Residential - Agricultural Areas
Generally, this district covers the portion of the county into which urban -type development
could logically expand as the need occurs. As a general rule, it surrounds residential sections.
Domestic water and sewerage facilities, police and fire protection, and other services necessary
to accommodate urban -type development already exist in the district or can be economically ex-
tended as urbanization takes place. This area is established for the specific purpose of (1)
providing for the orderly expansion of urban development into territory surrounding incorporated
areas within or adjacent to the county, (2) confining such development to such locations as can
feasibly be supfplied urban -type facilities, and (3) discouraging the random scattering of residen
commercial, and industrial uses into the area. Lot sizes in these districts will usually have a
mi nimum of one (1) acre.
Low and Medium Density Uses
These quiet, low and medium density residential uses plus certain open areas where similar
residential development appears likely to occur, are designed to stabilize and protect, to promote
and encourage a suitable environment for family life where there are children, and to prohibit
all activities of a commercial nature. To these ends, development is limited to relatively low
concentration, and permitted uses are limited basically to single -unit dwellings providing homes
for the residents plus certain additional uses, such as schools, parks, churches, and certain
public facilities that serve the residents of the district.
Residential Areas
Two categories of residential density patterns are presented in the future land use pro-
posal based on population estimates and future land requirements. The low density residential are
should develop 100 percent single - family with minimum lot sizes of 15,000 square feet. The medium
density areas should develop with both single and multiple family units with minimum lot sizes of
12,000 and 3,000 square feet, respectively. Other compatible uses include neighborhood §hopping,
schools, and recreation areas, parks, and public and semipublic institutions should be located
in or near these areas.
The location of future residential area has, in a large measure, been based on the existing
distribution of population, the estimated growth in population within the next twenty years, and
predicted future distribution of population. Distribution of Frederick's future growth will be
determined by the degree of control exercised through the implementation of a land control program
based on the Future Land Use Map.
Commercial Uses
Generally, the business uses contemplated in this plan promote commercial development
appropriate in each area and protect such development against the establishment of uses that are
incompatible, create hazards, or alter the character of the area in such a manner as to endanger
the existing tax base of the community. Such uses conduct 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 incidential light and noise of the congregation of people and vehicles.
Commercial Areas
Areas presented as commercial use show only the more important and concentrated business
districts with future expansion of these areas considered and area limits drawn accordingly.
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Highway business areas already located on Routes 11, 522, and 50 are shown on the Future Land Use
Map. Exact location and size of regional shopping centers should be studied in relation to market
analysis and proximity to existing centers and Winchester's Central Business District which will '
be in competition. Location of these areas should be controlled by careful application of the
zoning process, since consideration of the economic well -being of the area as a whole should be
of prime importance in making decisions of this nature.
Efforts to resist strip zoning should be accelerated and local pressures to expand strip
zoning should be resisted since this practice is consistent with modern zoning practice, and in
most cases will tend to lead to the creation of a motely assortment of retail outlets which are
not always properly related to one another or to the traffic - carrying function of the roads on •
which they front. This conglomeration of intensive uses will drastically reduce much needed
traffic capacities and will prohibit proper use of such land and inhibit more suitable uses of
land on adjoining properties.
Industrial Uses
Industrial uses, depending on the nature and extent of such activities include a number of
manufacturing, wholesale, and service uses which do not depend on frequent personal visits of '
customers or clients, and are, therefore, appropriate forlocation on a major traffic street or
highway. These uses exclude residential or commercial uses of a retain nature other than service
stations. In a community having extensive areas of manufacturing, it is proper to protect "light"
or "limited" industrial uses from those of a "heavier" or more "general" use (metal fabrication and
electronic plants as compared to pulp mills, refineries, or rock crushing operations).
Industrial Areas
The primary purpose of these areas is to permit certain industries, which do not in any
way detract from residential desirability, to located in any area adjacent to residential uses.
The limitations on (or provisions relating to) height of building, horsepower, heating, flammable
liquids or explosives, controlling emmission of fumes, odors and/or noise, landscaping, and the •
number of persons employed are imposed to protect and foster adjacent residential desirability
while permitting industries to locate near a labor supply. '
Industrial area needs are more exact in their requirements than most of the other land
use areas and such needs as access, suitable transportation, availability of utilities, topography,
compatibility of adjacent land uses and accessibility to labor supply are vitally important in
�onsidering future industrial sites. Proposed areas must allow for future industrial growth, and
must anticipate zoning amendments. These industrial areas, therefore, may present a larger dis-
trict than the zoning map because of the necessity of looking ahead toward future industrial expans on.
Pub Facilities
As the population of the county increases and future land development takes place, such
public services as fire and police protection, recreation, parks, libraries, medical facilities,
and other municipal services such as public water and sewerage will have to be increased and
maintained at an Adequate level if such future growth is to be nurtured and sustained.
Effective Date
This ordinance shall be in effect and in full force upon its adoption by the Frederick ,
County Board of Supervisors.
Validity
Should any section, part, or clause of this ordinance be decided invalid or unconstitut-
ional, such decision shall not affect the validity or constitutionality of any other section, part,
or c1huse of this ordinance.
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 ORDINANCE FOR SPECIAL ASSESSMENT FOR
ESTATE - THIRD AND FINAL READING - APPRI
HORTICULTURAL, FOREST OR OPEN SPACE REAL
Mr. Berg read the ordinance in full.
There was no opposition.
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, on third and final reading, the following ordinance:
AN ORDINANCE FOR SPECIAL ASSESSMENT FOR AGRICULTURAL, HORTICULTURAL,
FOREST OR OPEN SPACE REAL ESTATE
BE IT ORDAINED, By the County of Frederick:
Section 1 . The County of Frederick finds that the preservation of real estate devoted to
agricultural, horticultural, forest and open space uses within its boundaries is in the public
interest and, having heretofore adopted a land use plan, hereby ordains that such real estate
shall be taxed in accordance with the provisions of Article 1.1 of Chapter 15 of Title 58 of the
Code of Virginia (1950) as amended, and of this ordinance.
Section 2. (a) The owner of any real estate meeting the criteria set forth in SECTIONS
58 -769.5 and 58 =769.7 (b) of the Code of Virginia (1950) as amended, may, on or before November
one of each year, apply to the Commissioner of the Revenue for the classification, assessment and
taxation of such property for the next succeeding tax year on the basis of its use, under the
procedures set forth in SECTION 58 -769.9 of the Code of Virginia (1950) as amended. Such appli-
cation shall be on forms provided by the State Department of Taxation and supplied by the Com-
missioner of the Revenue and shall include such additional schedules, photographs and drawings as
may be required by the Commissioner of the Revenue.
(b) A separate application shall be filed for each parcel on the Land Book
for which qualification is sought.
(c) The owner of any real estate which has been approved for special
assessment as allowed by Section 58 -769.6 of the Code of Virginia (1950) as amended, shall re-
validate annually any application previously approved. Such revalidation shall be made with
the Commissioner of the Revenue on forms prescribed by the same. Revalidations must be made be-
fore November one of the preceding tax year for which such assessment is sought.
Section 3 . Promptly upon receipt of any application, the Commissioner of the Revenue
shall determine whether the subject property meets the criteria for taxation hereunder. If the
Commissioner of the Revenue shall determine that the subject property does meet such criteria, he
shall determine the value of such property for its qualifying use, as well as its fair market
In determining whether the subject property meets the criteria for "forest use"
the Commissioner of the Revenue may request an opinion from the Director of the Department of
Conservation and Economic Development, and in determinining whether the subject property meets
the criteria for "open space use" he may request an opinion from the Director of the Commission of
Outdoor Recreation. Upon the refusal of the Director of the Department of Conservation and
Economic Development or the Director of the Commission of Outdoor Recreation to issue an opinion
or in the event of an unfavorable opinion which does not comport with standards set forth by the
respective director, the party aggrieved may seek relief from any court of record wherein the real
estate in question is located, and in the event that the court finds in his favor it may issue
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an order which shall serve in.lieu of an opinion for the purposes of this ordinance.
Section 4. The use value and fair marked value of any qualifying property shall be
placed on the land book before delivery to the treasurer and the tax for the next succeeding tax
year shall be extended from the use value.
Section 5 . There is hereby imposed a roll -back tax, in such amount as may be
under SECTION 58- 769.10 of the Code of Virginia (1950) as amended, upon any property as to which
the use changes to a non - qualifying use.
Section 6 . (a) The owner of any real estate liable for roll -back taxes shall report
to the Commissioner of the Revenue, on forms to be prescribed, any change in the use of such
property to a non - qualifying use and shall pay the r.oll -back tax then due to the treasurer. The
Commissioner shall forthwith determine and assess the roll -back tax, which shall be paid to the
treasurer within thirty days of assessment. On failure to report within sixty days following
such change in use, such owner shall be liable for an additional penalty equal to ten per centum
of the amount of the roll -back tax, which penalty shall be collected as a part of the tax. In
addition to such penalty, there is hereby imposed interest of one -half per centum of the amount
of the roll -back tax for each month or fraction thereof, during which the failure continues.
(b) Any person making a material misstatement of fact in any application
filed pursuant hereto shall be liable for all taxes, in such amounts and at such times as if such
property had been assessed on the basis of fair market value as applied to other real estate in
the taxing jurisdiction, together with interest and penalties thereon, and he shall be further
assessed with an additional penalty of one hundred per centum of such unpaid taxes.
Section 7. The provisions of Title 58 of the Code of Virginia (1950) as amended,
applicable to Assessments and taxation hereunder mutatis mutandis including, without limitation,
provisions relating to tax liens and the correction of erroneous assessments, and for such purposes
the roll -back taxes shall be considered to be deferred real estate taxes.
Section 8. This ordinance shall be effective for all tax years beginning on and
after January 1, 1975.
Sedtion 9. Should any section of this ordinance be decided to be invalid, or un-
constitutional, such decision shall not affect the validity or constitutionality of any other
section of this ordinance.
The above resolution was passed by the following recorded votes Raymond C. Sandy.7. Aye;
J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye.
APPLICATION OF A. H. LONG POR CONSTRUCTION OF MOBILE HOME PARR - DENIED
Mr. A. H. Long appeared before the Board in support of application for a mobile home
park and stated that there are other mobile home parks in close proximity to his property. He
stated that there would be six spaces in the park and his total acreage is approximately 30 acres.
Mr. Russell Wilkins, an adjacent property owner, appeared before the Board in opposition
to Mr. Long's application. Mr. Wilkins stated that Mr. Long now has a beer joint and a dance hall
on his property and he felt if a tr Ai}er court were added, it would cause a traffic hazard and
would tend to devalue his property.
Mr. Joseph Massie appeared before the Board representing Mr. Arthur Gooden, an adjacent
property owner who was opposed to Mr. Long's application for a mobile home court. Mr. Massie
stated that the residents of the area are at the present time subjected to maiy disturbances from
the operation of Mr. Long's beer joint and it is their opinion that a trailer court in this locatic
would add to the problem. He stated that they further felt that the construction of this mobile
home court would devalue their property and would create a traffic hazard. Mr. Massie stated that
the total amount of land owned by Mr. Long was 17.5 acres.
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Mr. Cole stated that he felt it should be brought out that this is not an application
for a new trailer court; that Mr. Long had an approved permit for two trailers and was requesting
' the relocation of these trailers on his property.
Mr. Long appeared before the Board and stated that he could put six trailers on the
property but at this time only wanted to locate two there.
Mr. Massie stated that Mr. Long had failed to exercise his approved permit before the
adoption of the new ordinance and that Mr. Long had already used one of the drainfielda approved
for the two trailers for the dwelling he had constructed on the property.
Mr. Carper appeared before the Board in opposition to the application of Mr. Long stating
• that he felt Frederick County had enough trailers and the Board should not allow any more.
Mr. Sandy and Mr. Hodgson stated that they each had received numerous calls and corres-
pondence from citizens opposed to this application.
Mr. Madigan stated that he felt the original permit of Mr. Long was no longer valid in-
asmuch as he had occupied the approved property with a dwelling instead of the trailers for which
he applied. He stated that he also felt the location of the park would tend to devalue the homes'
in the area.
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, Virginia does
• herein deny the application of Mr. A. H. Long for the relocation of two trailers on his property
on the north side of Route 50 East in Stonewall Magisterial District.
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.
MANUEL SUBDIVISION - FINAL PLAT - DENIED
Mr. Berg presented the final plat of Manuel Subdivision and stated that the Planning
Commission had denied the plat because of the hazard involved with sprays used in agricultural
areas.
Mr. Russell stated that he visited the property and had seen houses already constructed
• right next to an orchard. He pointed out the hazards involved with the sprays used in farming
to the inhabitants in a subdivision within close proximity. Mr. Russell stated that water and
sewer for the subdivision must also be considered very carefully.
Mr. Ben Butler appeared before the Board representing the developer. He introduced Mr.
Ken Kisner, one of the developers, who described briefly the plan for development of the sub-
division and the various engineering aspects and procedures the developer had observed for the
orderly development of the property. Mr. Kisner stated that they had complied with all the re-
gulations set forth by the County in a most stringent manner.
Mr. Butler stated that he felt the Planning Commission had turned down the subdivision
upon advice of their attorney, Mr. Clinton Ritter, in that Mr. Ritter had advised that since sub-
divisions are not mentioned in the A -2 District, they are not allowed. He stated that the other
reason for the denial was the question of toxic spray. Mr. Butler stated that- acconiing to the
County Zoning Ordinance single family dwellings are provided for in all the districts from A =l
through R -3 and that there was no section in the zoning ordinance which excludes or includes the
possibility of a subdivision. He stated that should the Board contend that where it is not clearly
and specifically set forth that a subdivision is allowed in a certain district, it is in fact not'
allowed, then subdivisions would not be allowed in any district of the zoning ordinance because it
is not specifically set forth in any of.the zoning districts. Mr. Butler cited various sections
of the A -2 District setting forth lot sizes, yard requirements, and subdivision setback.lines and
stated that these regulations provide for subdivisions in the A -2 District. He further stated
that the Courts had consistently struck down ordinances and acts by governing bodies where dis-
crimination had been made against people moving into an area. He pointed out that subdivisions
are also recognized in A -2 Districts in the Subdivision ordinance and cited various sections of
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the ordinance. He cited Section 4 -32 -3 Restrictions wherein it states the subdivision of land into
three or more residential building lots is not permitted in A -1 zoning districts. Mr. Butler
stated that this section does not mention the A -2 district and that in his opinion, as long as
the developer met all the regulations and obtained approval from all the necessary agencies, a
decision by the Board to deny the plat would be arbitrary. He then introduced into evidence a non-
toxic spray program which he had obtained from a research laboratory and stated that it was the
responsibility of the grower to contain the toxic spray on his property, with regard to the •
objection raised to low income housing in the area, Mr. Butler stressed that this subdivision
would provide homes for people already in the area and that this type housing is a definite need
in the County. He stated that the houses would range from $20,000 to $26,000.
Mr. Butler concluded his presentation stating that should the Board deny this subdivision
it would be an arbitrary and capricious decision inasmuch as the developer had adhered to and met
all county regulations and had
obtained approval from all the necessary agencies.
Mr. John Pickerel and
Mr. Hernry Brumback appeared before the
Board representing a group
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of property owners in the area
opposed to the Manuel Subdivision. Mr.
Pickeral presented a letter
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of opposition, containing several signatures of residents in the area
and stated that the oppositio
felt the subdivision should be denied because the location was not desirable for a subdivision
inasmuch as it is in an agricultural area. He pointed out that the property is very steep and
had a tremendous run -off and was not conducive to building purposes. He stated that central water
and sewer could not be provided to the property and there was no recreational facility nearby for
the residents of the proposed subdivision. He stated that the property is surrounded by well
established farmland and orchards and that the hazard of toxic spray would be a very real problem
should the subdivision be located there.
Mr. Pickerel stated that the value of the farmland and orchards in the area would be great-
ly affected by the location of a subdivision. He further stated that he did not feel the farmer or •
orchardist should be responsible for spray drifting off his property onto a subdivision built di-
rectly adjacent to farmland or orchards. ,
Mr. Brumback stated that sprays which are now in use are the same ones that have been used
for many years and to his knowledge there have been no fatalities attributed to them. He further
stated that he felt the reason for this was because the people using the sprays are aware of their
danger and the sprays are used in areas which are not densely populated.
Mr. Brumback stated that when some of the chemicals used by the farmers and orchardists
are administered, the area sprayed can not be reentered for a certain period of time. He pointed
out the difficulty the farmer would have keeping people out of the area during this time. He
stated that the spray could also be carried by the wind onto the subdivision located near the
orchard or farm. Mr. Brumback stressed that the area was strictly agricultural and had been es-
.tablished as such for many years. ,
Mr. Pickerel stated that he felt a subdivision in a location such as this would be incon-
sistent with the intent of the A -2 district as set forth in the zoning.ordinance.
Mr. Brumback urged the Board to consider carefully the preservation of agricultural land
in the County. '
The problem of toxic spray was discussed at length.
4ir. Butler appeared before the Board in rebuttal and stated that should the Board deny
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this subdivision because of the farmers in the area, he felt that the Board would be acing on be-
half of a special interest group and not the whole of Frederick County. He denied the statement
made by Mr. Pickeral concerning the steepness of the property and submitted an engineer's contour
map to support his argument. Mr. Butler stated that according to the zoning ordinance, subdivisi
are permitted in the A -2 district and as long as the technical regulations have been met by the
developer, he felt the Board had no choice but to approve the subdivision: He then presented
applications, submitted by residents in the area, for housing in the proposed subdivision.
Mr. Russell stated that he felt the f armer s and orchardists were usually a very indepen-
dent group and provided a great service to the County. He thanked them for coming to the meeting
in support of their position.
Mr. Douglas Walker appeared before the Board in opposition to the subdivision stating that
he felt the Board would set a precedent should they approve this subdivision and he urged the
Board to consider this matter very carefully inasmuch as the best use of the land, in his ipinion,
would be agricultural rather than residential.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
WHEREAS, The.Frederick County Division of Land Ordinance was adopted and approved for
public healthy and,
WHEREAS, A subdivision in an agricultural area would be exposed to harmful poisonous
crop sprays; and,
WHEREAS, Under Section 4 -4 of the Division of Land Ordinance, land subject to flooding
shall not be platted; and,
WHEREAS, The statement of intent of the A -2 Zoning District makes it clear that the random
scattering of residential communities and industrial uses is discouraged,
THEREFORE, It is provided in Section 4 -3 of the Division of Land Ordinance that the
Manuel Subdivision is found to be unsatisfactory for platting and development; and,
THEREFORE, The Frederick County Board of Supervisors does herein deny the subdivision plat
of Manuel Subdivision.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
J. Robert Russell, Aye; and Richard F. Madigan, Aye; Dennis T. Cole, Nay and Donald R. Hodgson, Nay
FREDERICETOWNE SUBDIVISION - SECTION 1 -A - APPROVED
Mr. Berg presented the plat of Fredericktowne Subdivision, Section 1 -A for final approval.
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 final plat of Fredericktowne Subdivision, Section 1 -A, containing six lots and
located in Opequon Magisterial District.
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye;
J. Robert Russell, Aye; Dennis T. Cole, Aye; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye.
PLYMN -OWENS ESTATES - PLAT REVISION - APPROVED
Mr. Berg presented the request for plat revision for Plymn -Owens Estates.
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 plat revision of Plymn -Owens Estates for a commercial lot fronting on Route 277
in Opequon 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.
RESOLUTION TO CLOSE ACCOUNTS FOR FISCAL YEAR 1973 -74- 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 approve the following appropriation transfers in order to facilitate closing of
as of June 30, 1974:
Transfer From Tr ansfer To .
07 -007C -299
$ 1,038.00
02 -0028 -220
$ 1,146.91
14 -014A -226
100.00
04 -004A -399
70.65
14 -014A -311
87.02
05 -005B -218
795.91
19 -004A -403
70.65
08 -008F -226
300.36
19 -006B -603
5,834.97
10- 01OJ -215C
1,512.40
19 -010G -400
7,580.40
12- 012A -215A
600.00
19 -01OG -499
2,586.44
12- 0128 -399A
172.72
19 -012B -601
546.04
15 -015A -226
43.60
19 018E - 600
500.00
18= 018C -295A
3,500.02
19 -18F1 -406
65.22
295B
3,536.00
499A
3,934.00
298
3,482.21
499B
1,000.00
18 -18F1 -218
600.00
499C
1,830:00
221
350.00
19 -18F4 -400
150.00
299
250.00
19- 18F5 -499B
2,833.65
300 _
500.00
18 -18F2 -218
100.00
311
200.00
18 -18F3 -123
1,000.00
130
2,200.00
207
452.23
213B
600.00
18 -18F4 -123
2,234.97
18 -ISF5 -130
1,500.00
215C
3,008.41
Total $ 28,156.39 $ 28,156.39
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.
AUTHORIZING
VEHICLES AT P UBLI C AUCTION
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, By the Frederick County Board of Supervisors that the County
is hereby authorized to arrange for sale, at public auction, the vehicles stored at the Frederick
County School Bus Shop which have been confiscated by the Sheriff of Frederick County, with the
exception of the five vehicles listed below:
Plymouth 2 Dr. H. T., Marion S. Knight, Sept. 21, 1973
1965 Chevrolet, 4 Dr. Sedan, Hunter Loy, Nov. 17, 1973
1965 Pontiac, 2 Dr. H. T., Roy Allen Mills, Aug. 2, 1973
Mercury Comet, 2 Dr., Jean Elizabeth Gordon, Nov. 23, 1973
Buick, 4 Dr. H.T., Gary Lahham, Sept. 22, 1973
and,
BE IT FURTHER RESOLVED, That the Sheriff of Frederick County is hereby relieved of all
responsibility for the custody of these cars to be sold.
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.
ESTABLISHMENT OF A CENTRAL ABSENTEE VOTER ELECTION DISTRICT - APPROVED
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors does herein establish a
central absentee voter election district at the address of 9 Court Square, Winchester,Virginia, for
the General Election to be held on November 5, 1974.
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.
BOND PROVISION - FREDERICK COUNTY
4 :, �. m.
661
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Mr. Madigan requested thstthe Bond Provision in the Frederick County Division of Land
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Mr. Cole stated that inasmuch as this matter was not on the Agenda, and it was of great
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The above resolution was passed by the following recorded vote: Raymond C. Sandy; Aye;
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TO POTOMAC EDISON COMPANY, C. & P. TELEPHONE OOMPA
ERS & MERCHANTS BANK FOR PAYMENT OF UTILITY BILLS-
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BOARD OPPOSITION TO TELEPHONE RATE INCREASE - STEPHENS CITY, MIDDIETOWN, AN
GAINESBORO AREAS - APPROVED
Ordinance be amended to conform to the wording of the State Code in that the words "dedication
for public use" had been omitted in the wording of the ordinance.
importance to Frederick County, the Board should have more time to consider this amendment more
thoroughly before taking any action on it. Mr. Cole further stated that the Commonwealth Attorney=
had advised that this provision would provide for a bond of any type satisfactory to the Board and
did not restrict it to a bond issued by a surety company. Mr. Cole suggested that this matter be
referred to the Committee on Planning and Development for study and recommendation.
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 refer the Bond Provision, as set forth in Section 4 -13 of the Frederick County Division
of Land Ordinance, to the Planning and Development Committee for study and recommendation to
the Board of Supervisors.
J. Robert Russell, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Aye; and Dennis T. Cole, Nay.
REQUEST TO HIGHWAY DEPARTMENT TO INSPECT WOODCHUCK LANE
Mr. Sandy requested the County Administrator to contact the Highway Department and request
that an inspection be made of Woodchuck Lane inasmuch as'ihe had received numerous complaints
from residents along this road.
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 request the Potomac Edison Company, the C. & P. Telephone Company and the Farmers and
Merchants National Bank to reconsider their decision to terminate the payment of Utility bills
from the two above mentioned utility companies to the Farmers and Merchants Bank and branch of
in order that county citizens will not be deprived of the convenience of this service.
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.
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The Board agreed unanimously to go on record in opposition to the telephone rate increase
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proposed for the Stephens City, Middletown, and Gainesboro areas of Frederick County inasmuch as
these areas do not have the service areathat the surrounding sections of the county and the city
of Winchester have but are to be charged the same increased rate,. The Board further directed
that a letter be sent to the State Corporation Commission setting forth their opposition to the
increase for the above mentioned areas.
ORDINANCES - FIRST AND SECOND READING - APPROVED
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- Lanny Eugene Snyder - 1.00 acres - Back Creek District - 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 on first and second reading the following ordinance:
AN ORDINANCE TO -AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED
NOVEMBER 1, 1973, TO REZONE 1.00 ACRES MORE OR LESS, OF LANNY EUGENE
SNYDER, LOCATED AT THE INTERSECTION OF ROUTE 644 (PAPER MILL ROAD)
AND CALDWELL LANE IN BACK CREEK MAGISTERIAL DISTRICT: FROM RESIDENTIAL,
LIMITED (R -2) TO BUSINESS, LIMITED (B -1)
J,ice
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.
- Paul E. Rhinehart, Jr. - 9.8329 acres - Back Creek District
Second Reading:
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 on first and second reading, the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER
1, 1973, TO REZONE 9.8329 ACRES, MORE OR LESS, OF PAUL E. RHINEHART, JR.,
LOCATED AT THE INTERSECTION OF ROUTES 809 AND 817 BOUNDED BY THE WINCHESTER
AND WESTERN RAILROAD IN BACK CREEK MAGISTERIAL 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. ,
Rezoning Application - Spectrum Properties - 20.00 Acres - Shawnee Magisterial District - First
and Second Reading - Approved:
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, on first and second reading the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE, ADOPTED '
NOVEMBER 1, 1973, TO REZONE 20.00 ACRES, MORE OR LESS, OF SPECTRUM
PROPERTIES, INC., LOCATED AT THE INTERSECTION OF ROUTE 50 EAST AND
ROUTE 728 IN SHAWNEE MAGISTERIAL DISTRICT: FROM INDUSTRIAL, LIMITED •
(M -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.
Rezoning Appl - Weberts Nursery - 3.7 Acres - Stonewall Magisterial District -
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 seoond reading the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE, ADOPTED
NOVEMBER 1, 1973, TO REZONE THE PROPERTY ON WHICH IS LOCATED THE
WEBERS NURSERY, IN STONEWALL MAGISTERIAL DISTRICT: FRONTING NORTH
ROUTE 11 FOR 400 FEET AND LEE STREET 387 FEET AND CONSISTING OF 3.7 •
ACRES, MORE OR LESS; FROM RESIDENTIAL, LIMITED (R -1) TO AGRICULTURAL,
GENERAL (A -2).
The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye T. '
J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F.Madigan, Aye.
Rezoning Application - Western Frederick Bank - 3.18644 acres - Back Creek Magisterial
District - First and S Reading - 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 approve, on first and second reading, the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED
NOVEMBER 1, 1973, TO REZONE 3.18644 ACRES MORE OR LESS, OF WESTERN
FREDERICK BANK, LOCATED ON THE NORTH SIDE OF ROUTE 50 WEST APPROX-
IMATELY 3/10 MILES WEST OF INTERSECTION WITH ROUTE 752 IN BACK
CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) 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; Richard F. Madigan, Aye; and Donald R. Hodgson, Aye.
MOBILE HOME PERMITS - CLARENCE W. KERNS AND BLAIR COMBS - 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 application for Mobile home permit of Clarence W. Kerns, said Mobile home to
be located on the west side of Route 608 approximately 1/2 mile South of intersection with Route
616 and approximately 1/4 mile North of intersection with Route 619, in Back Creek District.
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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.
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 application for mobile home permit of Blair Combs, s0id mobile home to be
located on Route 681 approximately 1/4 mile from intersection with Route 522 North in Gainesboro
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.
MR. DON SHOCKEY APPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORIT
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 appoint Mr. Don Shockey to the Frederick County Industrial Development Authority
for a term of four years.
The above resolution was approved 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.
LANDFILL RATES ESTABLISHED FOR FISCAL YEAR 1974 -1975
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
herein establish the landfill rates for Fiscal Year 1974 -1975 at $2.35 per ton and does direct
that the current emergency rates continue in effect.
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.
REQUEST FOR FUNDS FOR FREDERICK - WINCHESTER SERVICE AUTHORITY - APPROVED
Upon motion made by Donald R. Hodgson and seconded by Dennis T. Cole,
BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the Board
does hereby certify that it will provide the necessary funds for administration and consulting
engineering services for the Frederick - Winchester Service Authority, said costs to be shared on a
fifty -fifty basis with the City of Winchester until such time as the Service Authority receives
federal and states funds for planning and construction of the proposed facilities, said funds to
be considered a loan to be repaid'when the grant funds are received.
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.
STREET ADDITION - STONEBROOK FARMS DEVELOPMENT-- APPROVED
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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 hereby request the Virginia Department of Highways to accept into the Secondary Road System
the entrance road of the Stonebrook Farms Development, more specifically described as Stonebrook
Road from the intersection of Route 621 to the intersection with Sharon Drive for a length of
approximately 1,600 lineal feet; and,
BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and
acceptable bond with the Virginia Department of Highways.
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 - ADDITIONAL LAW
ENFORCEMENT ACTIVITIES - APPROVED
Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson,
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BE IT RESOLVED, That the Board of Supervisors of the County or Frederica,
herein approve a supplemental appropriation in the amount of $1,000 for Fiscal Year 1974 -1975 for
the purpose of additional law enforcement activities.
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 - TELEVISIONS
FOR FREDERICK COUNTY JAIL - APPROVED
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
herein approve a supplemental appropriation in the amount of $315 for Fiscal Year 1974 -1975 for the
purpose of purchasing and installing four televisions in the Frederick County Jail for use by the
inmates of said institution; and,
BE IT FURTHER RESOLVED, That the approval of the appropriation is contingent upon the
approval of the City of Winchester to match said funds for the purchase and installation of the
above mentioned television sets.
The above resolution was passed by the following recorded vote: J:.Robert Russell, Aye;
Dennis T. Cole, Aye; Donald R. Hodgson, Aye; Richard F. Madigan, Nay; and Raymond C. Sandy not
voting.
SALARY SCALES FOR FREDERICK COUNTY - APPROVED
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, Virginia, in
accordance with Section 15.1 -7.1 of the Code of Virginia, 1950 as amended, does herein approve the
salary scales and job descriptions for Frederick County employees,.excluding.the employees and
deputies of constitutional officers and division superintendent of schools, for fiscal year 1974-
1975 as submitted; and,
BE IT FURTHER RESOLVED, That said salary scales and job descriptions shall be kept for
review in the office of the County Administrator.
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.
EXECUTIVE SESSION
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell and passed un-
animously, the Board retired into executive session to discuss the hiring of additional personnel
and the execution of a land option for the purchase of park poroperty.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell and passed
unanimously, the Board withdrew from Executive Session.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell and passed un-
animously, the Board reconvened into regular session.
SUPPLEMENTAL APPROPRIATION - LAND OPTIONS - APPROVED
Upon motion made by Richard F. Madigan and seconded by Donald R. Hodgson,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that
Board does hereby approve a supplemental appropriation for Fiscal Year 1974 -1975 in the amount
of $1,000 for the purpose of obtaining two $500 options on two tracts of land in Opequon
District, these tracts of land being approximately 351 acres of the Sandy Estate and 40 acres of
the Whitacre property located north and south of Route 277 approximately 1 mile east of the town
of Stephens City.
The above resolution was passed by the following recorded vote: J. Robert Russell, Aye;/'
Donald R. Hodgson, Aye; Richard F. Madigan, Aye;, Dennis T. Cole, Abstaining and Raymond C. Sandy,
Abstaining.
SUPPLEMENTAL APPROPRIATION - EMPLOYMENT OF
ADDITIONAL EQUIPMENT OPERATOR LANDFILL - APPROVED
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that
this Board does herein approve a supplemental appropriation in the amount of $8,000 for the
employment of an additional equipment operator for the Frederick County Landfill for Fiscal Year
1974 -1975.
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.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF
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etary Bd. of Supervisors
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