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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 ACTION - Withdrawn Mr.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: 1690 Page 2 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 1691 Page 3 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 1692 Page 4 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. 1693 Page 5 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. 1694 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 1695