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PC_04-10-68_Meeting_Minutes- 62 - MINUTES OF THE MEETING OF THE PLANNING COMMISSION OF FREDERICK COUNTY Held April 10, 1968 in the County Office Building Winchester, Virginia Present: James W. Golladay, Chairman; D. K. Russell; C. E. Bass; Belmont Fout; Clinton L. Ritter; Roy W. Williams, Sanitarian; Elmer Venskoske; Donald L. Baughman; and Joseph A. Massie, Jr., Secretary and Counsel. Meeting was called to order by J. W. Golladay, Chairman, and Minutes of the regular meeting of April 3, 1968 were read, and notice of the public hearing for rezoning of an area on U. S. Highway No. 522, northwest of Winchester, and the rezoning of a lot of L. H. Stotler and wife was read. The Chairman then called persons interested in rezoning of U. S. Route No. 522, northwest of Winchester, to speak for or against it. Whereupon, Mr. Bageant Stine, a resident on the south side of U. S. Highway No. 522 in the affected area, then spoke to the Commission, stating his objections to rezoning of his property from residential to business. A representative of the Real Estate Department of Humble Oil and Refining Company then spoke to the Commission in support of the change, the said company having purchased a lot from Solenberger on the south side of U. S. Highway No. 522 about a year and a half before this date. There being no further speakers for or against the proposed changes, the Chairman then called for persons interested in the petition of L. H. Stotler and wife for rezoning of a lot north of the intersection of U. S. Highway No. 11 and Interstate Highway No. 81, to speak for and against the petition. Whereupon, Mr. T. V. Monahan, Attorney at Law, representing Mr. and Mrs. Stotler then spoke on behalf of the petitioners. It was brought out that the lot has a 300 foot frontage on the West side of U. S. Highway No. 11 and has a depth of 199 feet, and no public water and sewer is available; that the character of the land has changed since the original zoning in 1951 for residential purposes,.due to the construction of Interstate Route No. 81. Mr. Monahan pointed out that Mr. Herschall Omps operates the trucking company on the east side of Route No. 11, a little north of this I - 63 - location, and Mr. Duncan has not restricted his laid south of Stotler's lot, and that the rear of Mr. Duncan's land is not restricted for any reason; that this station would benefit people traveling north on Route 81, without having to come off of 81 and circle south on Route 11 and back again. Whereupon, Mr. Ray Duncan then spoke in opposition to the rezoning, contending that this had been zoned residential years before and he counted on that when he prohibited the old building on the property from being used continuously thereafter as commercial property. Mr. Roy Williams, Sanitarian, told the Commission that his Department had informed Sinclair Oil Company, the interested parties, that they would have to acquire additional land for sewage purposes if they erected a service station upon this property. Whereupon, W. E. Sandy and other persons along Route No. 11 opposing the Stotler petition presented a petition of their own signed by 49 persons, which petition was filed with the Commission. Eston Alt spoke on behalf of opponents of the petition and for Charles Taylor, who was unable to appear, and who owns property just north of this proposed change, there being a piece of land owned by Duncan between two properties of Stotler and Taylor, and informed the Commission that in his deed, Mr. Duncan has stated a restriction that Duncan's other land as shown on the plat fronting on the north side of Route No. 11, shall be used exclusively for residential purposes for a depth of 400 feet, and that this lot was surrounded by residential lots. That persons appearing in opposition to Stotler's petition were Mr. aid Mrs. Alvah Richard, Mrs. Harriett Ways, Mrs. Clara Profit, Mrs. Dorothy Alt, William C. Sandy, Mr. Thomas Rissler, and Mr. Ray Duncan. The parties having stated their cases, then retired from the Planning Commission Hearing. The Planning Commission then considered the proposal to rezone the area along U. S. Route No. 522, north of Virginia Route No. 37. On Motion by C. L. Ritter, seconded by Belmont Fout to rezone this area on both sides of Route No. 522, was presented as follows: I - 64 - BE IT RESOLVED that that area on the south side of U. S. Highway No. 522, beginning at the boundary of the Virginia Route No. 37, at the boundary of the Bageant Stine property, for a depth of 400 feet, south from U. S. Route No. 522, and westwardly along said Route to the western boundary line of the lot of Humble Oil and Refining Company, and the land on the north side of U. S. Route No. 522, at the boundary line of Route No. 37, and we&01l alb sai highway for the depth of the propertg llinds fi% nting on S. Highway No. 522, westwardly to its intersection with Frederick Terrace, be and the same is hereby rezoned from Residential -1 to Business -1, as proposed by the Planning Commission. The motion was passed unanimously. Whereupon, the Chairman called for consideratinn of the petition of L. H. Stotler and wife, and after a general discusion, the following motion was presented by Donald L. Baughman and seconded by D. K. Russell as follows: BE IT RESOLVED that the petition of L. H. wife for the rezoning of their lot fronting on ' side of U. S. Highway No. 11, just north of its with Interstate Route No. 81, be denied. Said passed unanimously. Stotler and the northwestern intersection motion was Whereupon, the Chairman then requested the Secretary to report the action of the Planning Commission to the Board of Supervisors. Mr. Golladay then reported that he had overlooked the matter of time being spent on the Planning Commission by its members and the cost of the same to the County, and he suggested that the Study Commission appointed for the str i mining problem presented by Hughes' petition make a report on charges to petitioners for rezoning. Mr. Golladay then suggested that some study also be made about putting water and sewer culverts or sleeves under new and additional road construction. The Chairman then presented the petition of John Von Sneidern, Philip B. Glaize and wife, and Fred L. Glaize and wife, to rezone six acres on the northwest side of intersection of U. S. Route No. 11, Interstate Route No. 81, and Virginia Secondary Route No. 661. I 9 - 65 - Whereupon, upon Motion by C. L. Ritter, seconded by C. E. Bass, the following Resolution was made: BE IT RESOLVED that the Planning Commission shall hold a Public Hearing on May 1, 1968, at 3:30 P.M., in the Board Room of the County Office Building, to consider: (1) The petition of John Von Sneidern, et als, for re- zoning of six (6) Acres from Manufacturing -1, Light Industrial to Residential -2, Business General, located along U. S. Route No. 11, Interstate Route No. 81, and Virginia Secondary Route No. 661. (2) The petition of Joseph F. Hughes and wife, and Shenandoah Brick and Tile Corporation, for re- zoning of 202 Acres, a short distance East of U. S. Interstate Route 81 and a short distance North of Virginia Route No. 7, in Stonewall Magisterial District, Frederick County, Virginia. Said Motion passed unanimously. There being no further business to come before the meeting, the meetingwas thereupon adjourned. Respectfully submitted /, ek Jo eph A. Massie, Jr., Secretary I