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PC-06-03-70_Meeting_Minutesizs . MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the County Office Building, June 3, 1970 The Regular Meeting of the Frederick County Planning Commission was held in the Supervisor's Room of the County Office Building, Winchester, Virginia this day and was called to order by its Chairman, James W. Golladay, at 3:00 p. m. PRESENT: James W. Golladay, Charles Bass, Maurice W. Perry, Elmer Venskoske, KeithcWilliams and Benjamin M. Butler, Secretary. ABSENT: Donald i. Baughman, R. W. Williams, and Grover Teets, Jr. The Chairman announced that a quorum was present and the meeting continued. The first order of business was the petition of N. B. Shin gleton, Inc to rezone Lots 8 and 9 in the Bicker Subdivi Shawnee Magisterial 10 N. Frederick County, Virginia, from R -2 to B -2. Appearing for N. B. Shingleton, Inc. was Henry Whiti Attorney for petitioner. Mr. Whiting requested that the application be tabled pending petitioner's inquiry to abutting property owners as to their objections, if any, concerning the proposed rezoning. Mr. Whiting informed the Planning Commission that it was the desire of the petitioner to inquire as to the feasibility of rezoning Lots 1 through 9, inclusive, of the Bickers Subdivision. The next order of business was the petition of Fort Collier Farm Inc. to rezone 100 Acres North of the City of Winchester, in Stonewall Magisterial District, from A -2 to M -1. Appearing for Fort Collier Farms, Inc. were: I.-Fred-Stine, President, Henry-Whiting, Attorney for petitioner, and Michael R. Ki lp a tric'-,, Potomac Edison representative. There were no objectors. Public discussion was then held concerning the petition of Monte Vista Associates for the rezoning of 5 Acres of land formerl a onion of the Edwin B. Orndorff property located along Route 81 just of Middle- town, Virginia from Agricultural to M -2. Monte Vista appeared by general partner, G. T. Halpin of McLean, Virginia. The National Trust for Histor nreservation was represented by George M. Smith of Belle Grove. Mr. Smith stated that the National Trust for Historic Preservation had no objection to the proposed rezoning. The Planning Commission then inquired of Benjamin M. Butler, Secretary and Counsel for the Planning Commission as to whether or not the proposed rezoning would constitute spot zoning. Mr. Butler stated /z9 that in his legal opinion, under all facts and circumstances revealed, the same was not spot zoning. Public discussion wastthen held concerning the petition of Schen Foods Com pany_, Inc, for the rezoning of two contiguous parcels of land lying on the corner of Glaize Avenue and Route 644 (Paper Mill Road) constituting approximately 19, 050 square feet. Schenck Foods Company, Inc. appeared by its attorney, Lewis M. Costello, and also appeared C. F. Sc henck, Com- pany representative. No objectors appeared. Mr. Costello then presented to the Planning Commission a letter date May 20, 1970 from Mr. C. F. Schenck, and Schenck Foods Company, Inc, to Mr. T. L. Butcher, said letter stating that application had been made for rezoning of the above described Glaize Avenue property and that further if the proposed rezoning were approved, any deed including this property would include therein a covenant as follows: The property hereby conveyed is subject to a covenant by Grantee for the benefit of owners and occupants of residential houses on Glaize Avenue, that Grantee of this deed, his heirs, devisees, and successors in title, shall permit access to any commercial structure on these premises only from Paper Mill Road over and across the land hereby conveyed, and shall not cause or permit commercial access from Glaize Avenue. This covenant shall be enforceable by any owner of any dwelling actually used as a residence on Glaize Avenue, but this covenant shall automatically cease and be of no further force not effect if at any time all property on Glaize Avenue, between Paper Mill Road and the railroad tracks, both as presently located, shall be zoned other than residential. Mr. C. F. Schenck further stated that his sales contract for the proposed property expired on July 15 and that he requested immediate action to be taken upon his application for rezoning. Public discussion was then held concerning: the petition of Williamsburg Heig hts Company for rezoning of lands containing 95. 6804 Acres located just South of City Limits of the City of Winchester, Virginia, from Limited R -1 to R -2. Appearing for Williamsburg Heights Company were H. W._Butler,_Jr. , Williamsburg Heights Company, and Don Krue ger, of McNair, Simmons and Cline. There were objectors present. Both Mr. Krueger and Mr. H. W. Butler, Jr. represented to the Planning Commission that a petition had been filed with the City of Winchester, Virginia asking for a rezoning of 3. 6 Acres which lies within the City of Winchester; further, that all utilities would be installed underground and further represented that the primary reason for the request for rezoning of the subject land to R. -2 was to come within the 10, 000 square feet minimum allowed under R -2. The next order of business was the reading of the minutes of the previous meeting, held on May 6, 1970, to which there were no objections or exceptions and the same were thereupon approved. The Chairman then requested Planning Commission to go into Executive Session, which it did, and After some short discussion, the meeting was then turned open to the public. The Chairman then inquired of A /30 the Secretary as to whether or not the petition of Herbert E. Ratliff to rezone 4. 5913 Acres just South and East of the Kernstown I -81 Interchange had been advertised and upon receiving a negative answer, the Chairman directed the Secretary to so advertise a public hearing on the same for July 1, 1970, at 3:00 p. m. The Secretary was also directed to advertise for rezoning the petition of O. Lee Garber, et al to rezone certain tract of land located on the East side of U. S. Route No. 522 on the South side of U. S. No. 50 just East of the City of Winchester, Virginia, and public hearing was directed to be had on the same on July 1, 1970, at 3:00 p, m. , or as soon thereafter as the same could be heard. Inc. Whereupon, discussion was had on the petitionrof N. B. Shingleton, On motion by Keith Williams, seconded by Elmer Venskoske, BE IT RESOLVED, that the Planning Commission table the application of the _ Inc, to rezone Lots 8 and 9 of the_B from R -2 to B -2 awaiting the inquiry by petitioner as to the feasibility of rezoning Lots 1 through 9, inclusive, from R -2 to B -2. Said motion was passed unanimously. ® Discussion was then had on the petition of Fort Collier Farms, Inc. On motion by Maurice W. Perry, seconded by Keith Williams, BE IT RESOLVED, that the Planning Commission recom- mend to the Board, of Supervisors to approve the petition for the rezoning of the Fort Collier Farms, In c. , to rezone approximately 100 Acres from A -2 to M -1." Said motion was passed unanimously. Public discussion was next had on the petition of Monte Vista Associates and on motion by Charles Bass, seconded by Maurice W. Perry, BE IT RESOLVED, that the Planning Commission recom- mend to the Board of Supervisors to approve the petition for the rezoning of approximately 5 Acres of Monte Vi Associates from Agricultural District to M -2. Said motion was passed unanimously. Public discussion was then had on the petition of S F Compa Inc. After such discussion, it was the opinion of the Planning Commission that the area requested to be rezoned was in fact residential and .further that this area was one of the specific areas which the I /3/ State Department of Economic, Conservation and Development was ® looking into in order to determine how the same should be zoned for future land use; it was further felt that the rezoning as requested could perhaps constitute spot zoning. On motion by Elmer Venskoske, seconded by Maurice W. Perry, BE IT RESOLVED, that the Planning Commission recommend to the Board of Supervisors not to ap- prove the petition of Schenck Foods Company, Inc. to rezone the two contiguous parcels of land lying at the corner of Glaize Avenue and Route 644, from R -2 to M -2. Said motion was passed unanimously. On motion by Keith Williams, seconded by Maurice W. Perry, BE IT RESOLVED, that the Planning Commission recommend to the Board of Supervisors to approve the petition of Williamsbur Height Com pany to rezone 95.6804 Acres situate in Back Creek District from R -1 to R -2. 0 Said motion was passed unanimously. There being nothing further to come before the meeting, the same was thereupon adjourned. at 5:35 p. m. 10 Respectfully Submitted.