HomeMy WebLinkAboutPC_02-16-83_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room on
February 16, 1983.
PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman;
Carl M. McDonald; Kenneth Y. Stiles; A. Lynn Myers;
Manuel C. DeHaven; W. French Kirk; George L. Romine;
M. Domenic Palumbo
CALL TO ORDER
Chairman Brumback called the meeting to order at 2:00 p.m.
Chairman Brumback deferred consideration of the minutes of
February 2, 1983 until the following meeting of March 2, 1983.
BIMONTHLY REPORT
Mr. Stiles reported to the Commission that the Board of
Supervisors approved Mr. Puffenberger's conditional use permit at their
meeting of February 9, 1983. He noted that Mr. Puffenberger is going
to subdivide his lot into two separate parcels so his house will be on
one lot and the junk yard would be on the other. The Board of
Supervisors felt Mr. Puffenberger's existing junk business was a valid,
nonconforming use. Mr. Stiles further reported that the amount of
expansion allowed for Mr. Puffenberger's business would be determined
by number of acres covered and not number of vehicles.
PUBLIC HEARINGS
J & P Properties Rezoning Petition #002 -83 to rezone 15.812
acres from B -2 (Business, General) to M -2 (Industrial, General) in the
Shawnee Magisterial District.
ACTION - Withdrawn
Mr. Gyurisin read a letter addressed to Mr. John T. P. Horne
from Mr. Randolph Larrick, representative for J & P Properties, Inc.,
indicating the applicant's wish to withdraw his rezoning application.
Upon motion by Mr. Stiles, seconded by Mr. Golladay and
passed unanimously,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby include the letter from Mr. Randolph Larrick, representative for
J & P Properties, Inc., as part of the official record as follows:
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Law Offices
Largent, Anderson, Larrick and Groves
Graichen Building
25 East Boscawen Street, P. O. Box 444
Winchester, VA 22601
February 16, 1983
Mr. John T. P. Horne
Director, Frederick County Department
of Planning and Development
P. O. Box 601
9 Court Square
Winchester, VA 22601
Re: J & P Properties
Rezoning Application to
rezone 15.812 acres from
B -2 to M -2
Dear Mr. Horne:
Pursuant to our conference of last week and my phone
conversation with your office this day, I hereby request to withdraw
the above pending application. To refresh your memory in this matter,
this rezoning was brought before the Frederick County Planning
Commission for a public hearing at the Planning Commission's regular
monthly meeting held on February 2, 1983. At that time the application
was tabled because of a lack of health department comments. It now
appears that J & P will have to proceed with a somewhat more than usual
procedure to obtain a health permit. Under these circumstances I feel
the necessary work to obtain a health permit would be beyond your
normal 30 -day hearing on a rezoning application that it would be in the
best interest of all to withdraw the application and submit it after
the health permit has been obtained.
I want to thank you and Steve
this matter and I trust I will have the
health department within a few weeks.
In view of the fact that this
will not appear at the meeting this day
notice but if for any reason my presence
minutes away.
Gyurisin for your assistance in
necessary information from the
matter is being withdrawn, I
as requested in your agenda
is desired I am only two
Again thanking you, I remain
Very truly yours,
J. Randolph Larrick
JRL:mnm
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Upon motion by Mr. Stiles, seconded by Mr. Kirk and
unanimously passed,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby accept the withdrawal of Rezoning Application #002 -83 of J & P
Properties, Inc.
Mr. Stiles moved to waiver half of the application fee should
J & P Properties decide to resubmit their application, in view of the
fact that J & P withdrew because health requirements had not yet been
finalized on their property. This motion was seconded by Mr. Kirk.
BE IT RESOLVED, That the Frederick County Planning does
hereby unanimously agree to waiver half of the rezoning application fee
for J & P Properties should they decide to resubmit their application.
The above resolution passed unanimously.
An ordinance to amend the Frederick County Code, Chapter 21, Zoning, tc
amend Article III, Agricultural Limited District, A -1, Section 21 -16,
Use Regulations and to amend Article IV, Agricultural General District,
A -2, Section 21 -26, Use Regulations.
ACTION - Approved
Chairman Brumback called for anyone wishing to speak in favor or
opposition to this ordinance amendment. No one came forward.
Upon motion by Mr. Stiles, and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve an ordinance to amend the Frederick County
Code, Chapter 21, Zoning, to amend Article III, Agricultural Limited
District, A -1, Section 21 -16, Use Regulations and to amend Article IV,
Agricultural General District, A -2, Section 21 -26, Use Regulations, by
the addition of the following:
Chapter 21, Article III, Section 21 -16
(y) Post Offices
Chapter 21, Article IV, Section 21 -26
(bb) Post Offices
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Interstate Properties Subdivision, zoned B -2 (Commercial, General),
Shawnee Magisterial District, to subdivide five lots for commercial
developments and construct approximately 1,100 feet of roadway to the
Virginia Department of Highways and Transportation standards.
ACTION- Approved
Mr. Gyurisin read the background information.
He noted that Virginia Department of Highways and
Transportation requires that an agreement be made between Frederick
County and the applicant as to the responsibility of maintenance of the
retention basin located on the property. The Virginia Department of
Highways and Transportation has stated that they will not be
responsible for the retention basin.
Mr. Golladay asked if this agreement was needed before a site
plan could be submitted and Mr. Gyurisin replied that it was needed
before site plans could be submitted or approved.
Mr. Langdon Gibson came forward and stated that he
represented Interstate Properties Limited Partnership, which is
developing the property. Mr. Gibson stated that Virginia Department of
Highways and Transportation instructed Interstate Properties that the
rate of runoff going onto the Interstate right -of -way is not to exceed
that rate which it is currently entering the property. The bulk of the
property will drain on the Interstate right -of -way, as it does
presently. Interstate Properties will asphalt a good deal of the
property and the runoff coefficient will be changed from a low one to a
high one, because of the increased amount of water. Mr. Gibson stated
that to control this runoff, they have created a kidney shaped
reservoir, made of fill, to form a detention basin. The basin is
designed to accomodate water from a ten year storm with provisions for
runoff for a 50 year storm flood.
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Mr. Kirk asked how large the retention basin was and Mr.
Gibson replied that it was 7/10 of an acre and the high water mark will
be six feet. Mr. Gibson noted that the high water mark is calculated
to accomodate a 10 year storm and the spillway is designed to provide
runoff for the differential between a 10 year and 50 year storm.
Mr. DeHaven asked on what basis these calculations were made
and Mr. Gibson replied that very conservative assumptions were used.
For example, they assumed the entire lot would be blacktopped. Mr.
Gibson noted that this basin is designed in 10% excess of what Virginia
Department of Highways and Transportation has required.
Mr. Palumbo asked who would maintain the reservoir if the
property was sold.
Mr. Gibson stated that as long as Interstate Properties owns
the property, they are obligated to provide for the maintenance.
Mr. John Kinter, another member of Interstate Properties
Partnership, stated that a provision will be recorded in the deed to
the property stating that whoever owns the property surrounding the
basin has the responsibility of maintenance.
Upon motion by Mr. Kirk, second by Mr. Palumbo,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve Interstate Properties Subdivision, zoned B -2
(Commercial, General), to subdivide five lots for commercial
developments and to construct approximately 1,100 feet of roadway to
Virginia Department of Highways and Transportation standards, located
on the southwest corner of the Intersection of Route 50 East and Route
522 South in the Shawnee Magisterial District.
The above resolution was passed by the following majority
vote:*
YES: Messrs. McDonald, Golladay, DeHaven, Kirk, Romine, Palumbo
NO: Messrs. Myers, Brumback
*Mr. Stiles was not present for this vote.
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Discussion of Health Department Application for Sewage Disposal
Mr. Herbert Sluder, Sanitarian for the Winchester /Frederick
County Health Department, came forward. Mr. Sluder introduced Ms.
Olivia Chambers, who he had recently hired as a Sanitarian for the
Health Department.
Mr. Sluder explained that although his department has a
backlog of work, he gives Planning Commission items priority. He noted
that if health comments are not available for the Planning Commission
meeting, it is not always the fault of the Health Department. The
owner must provide certain information before the Health Department can
do their work. Mr. Sluder suggested that the staff_ require persons to
obtain their Health Department comments before they make application to
the Planning and Zoning Department.
Mr. Palumbo asked about how much time Mr. Sluder needed to
make comments after he received an application. Mr. Sluder replied
that it took at least three weeks.
There next ensued a general discussion on soil maps and the
process by which an applicant could appeal a decision by the Health
Department.
Adjournment
There being no further business to discuss, motion was made
by Mr. Golladay, seconded by Mr. Kirk and passed unanimously to
adjourn.
Respectfully submitted,
F rank Brum ac , Chairman
(:�� M �� —
J n T. P. Horne, Secretary
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