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PC_09-11-69_Meeting_MinutesMINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION - HELD IN THE BOARD ROOM OF THE FREDERICK COUNTY OFFICE BUILDING ON SEPTEMBER 11, 1969 - - - -- at 3:30 P.M. The Meeting was called to order by the Chairman. The following members were present: James W. Golladay, Chairman; C. E. Bass; Elmer Venskoske; M. W. Perry; C. L. Ritter; and Joseph A. Massie, Jr., Secretary. The minutes of the last meeting were read aid approved. i i The Chairman then requested the meeting to proceed with the Public Hearing on the petition of Interstate Orchard,IInc. Mr. Wayne A.,Whitham announced that he represented the petitioner and Mr. Delmer Robinson, Jr., President of the company was also in attendance. The petition was read and the plat presented to the Commission and explained by Mr. Whitham and Mr. Robinson. A general discussion was held concerning the request to re -zone 8.2 Acres of the petitioner's land, bounded by InI Route 81 on the West, U. S. Route 11 on the East, the Virginia - West Virginia boundary on the North, Virgiria Secondary Route 669 and Rest United Methodist Church on the South from A -2 to M -1 for a truck stop or truck.terminal. During the general discussion concerning the petition the Chairman pointed out to the petitioner that M -1 does not permit truck stops or truck terminals that this could only be done in M -2. Whereupon, the petitioner informed the Commission that they would discard the request for the use of this land as a truck stop or truck terminal, but still requested it to be re -zoned M -1; that the adjoining land in West Virginia was without zoning requirements and that this land was ideally situated for M -1 zoning. The remaining land in West Virginia on this tract contains approximately 5.8 Acres. .Whereupon, there was motion made by Mr. Ritter, seconded by Mr. Perry that the following resolution be adopted: ® "BE IT RESOLVED, that the recommend to the Board of Supervisors petition of Interstate Orchard, Inc. Planning Commission the adoption of the for re- zoning of 8.2 Acres described in said petition and shown on the attached plat from A -2 to M -1. Motion passed. Mr. James R. Wilkins and Mr. James L. Bowman appeared on behalf of themselves for petition to re -zone lots in Madison Terrace lying partly or wholly in Frederick County just East of the City Limits of Winchester, and North of Woodstock Lane, and West of Interstate Route 81. A general discussion was held concerning the revised plat of H. Bruce Edens which was filed with the petition.) After some discussion it was discovered that the revised plat w made for the purpose of properly describing the arcs of the curves at the entrance to the Allen Street off of,Woodstock Lane, and correcting the length of Lot 12 fronting on Woodstock Lane. It was further then discovered that the deed of dedication and amended deed of dedication were recorded only in the City of Winchester, and not in Frederick County. Whereupon, the Commission again decided to defer action on the petition until the deed of dedication was recorded in Frederick County, it having appeared that it had been approved by the Board of Supervisors in November, 1967 and July , 1969. It then appeared that the Board of Supervisors had referred back to the Planning Commission the re- zoning of lots of Milton Valley Subdivision fronting on the West side of Paper Mill Road from Boones Lane to Weems Lane for the reason that the adjoining property owners and property owners across the roadway had not been personally notified as required by statute as this was on motion of the Planning Commission. Whereupon, the Zoning Administrator, Mr. Jennings, was requested to supply the Secretary with the list of names and addresses of property owners and those occupying property adjoining the proposed area for re- zoning in order that they may be properly notified pursuant to the statutes of the Public Hearing upon said zoning. On motion duly made and seconded and passed, it was resolved that the next Public Hearing and Meeting of the Planning Commission would be held at 3:30 P.M., October 8, 1969 in the County Office Building for the re- zoning of the aforesaid area on Paper Mill Road from R -2 to B -2, and for the re- zoning of Lots 7 and 8 in said area from M -1 to B -2. In regard to the Rey Boyce property along Route 11 in �• Stonewall District and abutting the Baltimore & Ohio Railroad it was determined that Boyce had filed an amended petition with the I i13 Planning Commission ad not with the Board of Supervisors, and that said petition was not signed. On motion duly made and seconded, the Secretary was directed to bring this to the attention of Mr. Boyce's attorney and have the same referred to the Board of Supervisors and then m ferred to the Planning Commission for re- zoning of the entire Boyce tract. The discussion revealed that this would eliminate the necessity for the Commission to notify by registered or certified mail the adjoining property owners. i There being no further business to come before the meeting the sane was thereupon adjourned. Respectfully, ph A. Massie, Jr. ", Secretary ® Attest: James W. Golladay, irman