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PC_01-05-77_Meeting_Minutesr MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION ® Held in the Board of Supervisors Room January 5, 1977: PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; George G. Snarr, Jr.; Elmer Venskoske ABSENT: Thomas B. Rosenberger; R. Wesley Williams CALL TO ORDER The Chairman Called the Meeting to Order and proceeded to the First Order of Business. MEETING MINUTES - December 1, 1976 - Approved with Corrections Upon motion made by Elmer Venskoske, seconded by Frank Brumback and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the Minutes of the Meeting of December 1, 1976 as written with the following corrections: Page 2, Line 20: "co- mittee's" changed to "committee's" is Page 7, Line 2: " Freid" changed to "Fried" ELECTION OF OFFICERS - 1977 Action - Chairman Elected (C. Langdon Gordon) Incumbent Chairman, C. Langdon Gordon, declared nominations open for Chairman. The nomination of C. Langdon Gordon was made by James Golladay, Jr. and seconded by Manuel C. DeHaven. Upon motion made by Frank Brumback, seconded by Elmer Venskoske and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby close the nominations for Chairman of the Planning Commission.6f - .the County of Frederick, Virginia BE IT FURTHER RESOLVED, That the Planning Commission for the County of - Virginia does hereby duly elect C. Langdon Gordon as Chairman of the Planning Com- mission of said County. ELECTION OF OFFICERS - 1977 ® Action - Vice Chairman Elected (Frank Brumback) R J 169 (PC 01/05/77) p 2 The nomination of Frank Brumback was made by Manuel C. DeHaven and seconded by James Golladay, Jr. • Upon motion made by Elmer Venskoske, seconded by James Golladay, Jr. and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Chairman - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby close the nominations for Vice Chairman of the Planning Commission of the County of Frederick, Virginia. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby duly elect Frank Brumback as Vice Chairman of the Planning Com- mission of said County. MEETING SCHEDULE - 1977 It was the Commission's CONSENSUS that the Planning Commission for the County of Frederick, Virginia continue the same meeting schedule in 1977 as in 1976: First and Third Wednesday of Each Month at 2 P.M. in the Board of Supervisors' Room, Nine Court Square, Winchester, Virginia. Following discussion of possible evening meetings, the Chairman APPOINTED James • Golladay, Jr. to a committee to study this possibility, with another Planning Com- missioner of his choosing. A -95 REVIEW Virginia Winterization Program - $6,454.02 in state and federal funds for the district to winterize the homes of the elderly - no action necessary ($235.32 Frederick County) COMPREHENSIVE PLAN - Transportation Plan Discussed Draft Mr. Berg outlined what items he had discussed with Mr. R. C. King of the Virginia Department of Highways and Transportation. He explained the reasons for the additions, deletions and changes he had made to the draft. Discussions followed on: public comment previously received, relationship to the Land Use Plan, subdivision roads (whose responsibility is it to upgrade roads upon approval of a subdivision ?), strip development (what is a proper definition ?), align- ments and improvements for suggestion to the Highway Department, and extension of the • bus line service from the City of Winchester. 170 pr (PC 01/05/77) p 3 The Commission plans to give more consideration to Implementation Method No. 1, Objective 2, Public Participation on Transportation Goals ® "Promiscuous strip development must be prohibited." OLD BUSINESS ZMAP No. 023 -76 of DENNY'S INC., Rt. 7,-Box 81, Winchester, Va., hereby requests that 20.266 acres, more or less, located South of Rt. 7 (behind the American Legion), now zoned Residential- Limited (R -2) be rezoned Industrial - Limited (M -1). This property is designated as parcel Nos. 107(A), 41(A) on tax maps 54, 55 and is in Stonewall Magisterial District. Action - Recommended Approval of "B -2" Dennis T. Cole appeared before the Commission. Mr. Garrison appeared on behalf of his mother who, he said, owns approximately thirty -five acres adjoining Mr. Cole's proposal. Mr. Garrison stated that he was in favor of this rezoning request. Mr. Cole maintained that the sewer lines are available for light industrial use, and that several banks are interested in his planned project. He stated that he had planned to not permit anything that would be detrimental to the land, and that he would • be working with the Chamber of Commerce. Upon inquiry, Mr. Berg stated that light industrial use of this land would not be in conjunction with the Land Use Plan. A lengthy discussion followed involving surrounding property use primarily being B -2 and R -6, with a small portion being M -2. The Commission showed concern that these property owners would be adversely effected and Mr. Cole contended that light indus- trial was the best use of his land that contained a gulley-.area - he said it would be a natural buffer zone. Mr. Cole then asked that the petition be amended from M -1 to B -2 so that he may proceed toward marketing. Mr. Brumback said that he had investigated M -1 as an alternative; therefore, he would be uncomfortable voting on a B -2 Zoning. 171 h�. I Mr. Garrison stated that he did not object to '.:B" Zoning. • The Commission discussed precedent of application for a heavy zoning use being amended to a lighter one. 171 h�. I (PC 01/05/77) p 4 Upon motion made by Manuel C. DeHaven, seconded by James Golladay, Jr. and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Chairman - YES, • Brumback - ABSTENTION: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of the following amended Zoning Map '.Amendment Petition No.-023 -76 of DENNY'S INC.: 20.266 acres more or less, located South of Rt. 7 (behind the American Legion), now zoned Residential- Limited (R -2) be rezoned Business - General (B -2). This property is designated as parcel Nos. 107(A), 41(A) on tax maps 54, 55 and is in Stonewall Magis- terial District. SITE PLANS No. 037 ALLEN PROPERTIES, INC. (B -1) Opequon Magisterial District - Alternate proposal presented for the restaurant at the intersection of Route 277 and 1012 by the applicant. Action - Recommended Approval As Amended Mr. Golladay stated that he wished to abstain from participation and voting because he had been in contact with Mr. Allen about purchasing some of the remaining property adjoining the proposal. Mr. Berg stated that Mr. Allen is now requesting one entrance each on Routes 1012 • and 277 to serve the restaurant (Kentucky Fried Chicken), and one entrance on Route 277 to serve the remaining approximately ten acres. Joseph A. Allen requested the incorrect date of January, 1976 be changed on the site plan to the correct date of January, 1977. He contended that an access and /or service road would depreciate the property, and that he needed the second entrance on Route 277 to provide easy access to the balance of his property. Fred Showalter of Howard Shockey and Sons, Inc. appeared before the Commission and stated that the distance between the two entrances on Route 277 is approximately 350 -360 feet. Mr Allen stated that he had no immediate plans for the property adjoining the proposal. Eds Coleman (attorney) stated that the original entrance on Route 277 had not been changed, and that the second entrance had been added to the site plan that the • Commission had considered at the last meeting. 172 (PC 01/05/77) p 5 Upon motion made by George G. Snarr, Jr., seconded by Manuel C. DeHaven and approved by the following vote: Snarr, Jr.; DeHaven; Chairman - YES, • Brumback (because of the traffic); Venskoske - NO, Golladay, Jr. - ABSTENTION: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby return to the Planning Director the Site Plan No. 037 of ALLEN PROPERTIES INC. dated January, 1977 (corrected date of January, 1976), and the January 5, 1977 amended letter from Mr. Joseph A. Allen, President, to Mr. H. Ronald Berg and Members of the Frederick County Planning Commission: This is to confirm the undertaking of Allen Properties, Inc., its successors and /or assigns in interest in the subject 10 -acre parcel, to install two entrances off of Route 277. It is understood that one such entrance shall provide a direct access from Route 277 to the proposed Kentucky Fried Chicken installation near Stephens City on Routes 277 and 1012. The other entrance shall be east of the proposed Kentucky Fried Chicken installation. This agreement is made as a part of the condition of your approval of Allen Properties, Inc.'s site plan for the proposed Kentucky Fried Chicken installation, which plan will be submitted to the Planning Commission on Wednesday, January 5, 1977. Mr. Allen had requested the amendments to the above letter. GENERAL Mr. Berg stated that he had begun working on the budget for the next fiscal year. Benham had suggested that the minimum cost would be three hundred dollars a month. Upon discussion of this possibility with Lawrence R. Ambrogi, Mr. Berg said that Mr. Ambrogi had suggested that he will be having personnel changes resulting in more time available to the Commission and staff for legal services. Mr. Snarr suggested the Commission needed something in print defining responsi- bilities, etc. Mr. Berg stated that he would provide the Commissioners with Local Planning in Virginia (A Summary of the State Law) ADJOURNMENT Upon motion made by Frank Brumback, seconded by Elmer Venskoske and approved unanimously, • BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby adjourn its meeting; there being no further business. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED. 173 He said that he had inquired of H. K. Benham, Chairman, Winchester- Frederick County • Bar Association about the feasibility of hiring private counsel He said that Mr. Benham had suggested that the minimum cost would be three hundred dollars a month. Upon discussion of this possibility with Lawrence R. Ambrogi, Mr. Berg said that Mr. Ambrogi had suggested that he will be having personnel changes resulting in more time available to the Commission and staff for legal services. Mr. Snarr suggested the Commission needed something in print defining responsi- bilities, etc. Mr. Berg stated that he would provide the Commissioners with Local Planning in Virginia (A Summary of the State Law) ADJOURNMENT Upon motion made by Frank Brumback, seconded by Elmer Venskoske and approved unanimously, • BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby adjourn its meeting; there being no further business. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED. 173 (PC 01/05/77) p 6 Respectfully Submitted, • H. Ronald Berg,:Secretary Mimi, 1 ivtiw� Z Ar C. Langdon Gord n, Chairman •. 11 174