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PC 01-15-14 Meeting Minutes Frederick County Planning Commission Page 3044 Minutes of January 15, 2014 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 15, 2014. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District Kevin Kenney, Gainesboro District; Greg L. Unger, Back Creek District; Charles F. Dunlap, Red Bud District; Robert Hess, Board of Supervisors Liaison; William Wiley, Winchester Planning Commission Liaison; and Roderick B. Williams, County Attorney. ABSENT: Christopher M. Mohn, Red Bud District; J. Rhodes Marston, Back Creek District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee’ S. Arlotta, Clerk. ----------- CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by Commissioner Thomas, seconded by Commissioner Oates, and unanimously passed to adopt the agenda for this evening’s meeting as presented. ------------- ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND RULES & RESPONSIBILITIES FOR 2014 The Secretary to the Planning Commission, Mr. Eric R. Lawrence, presided over the election of the Chairman and Vice Chairman for 2014. Election of June M. Wilmot, Chairman for 2014 Secretary Lawrence declared nominations open for Chairman for the 2014 calendar year. The nomination of Ms. June M. Wilmot for Chairman was made by Commissioner Oates and seconded by Commissioner Crockett. A motion was made by Commissioner Thomas, seconded by Commissioner Triplett, and unanimously passed to close nominations for Chairman. Frederick County Planning Commission Page 3045 Minutes of January 15, 2014 BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Ms. June M. Wilmot as Chairman of the Planning Commission for the calendar year 2014. ------------- Election of Roger L. Thomas, Vice Chairman for 2014 Secretary Lawrence declared nominations open for Vice Chairman for the 2014 calendar year. The nomination of Mr. Roger L. Thomas was made by Commissioner Oates and seconded by Commissioner Triplett. Motion was made by Commissioner Crockett, seconded by Commissioner Oates, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the calendar year 2014. ----------- Election of Eric R. Lawrence, Secretary for 2014 Chairman Wilmot declared nominations open for Secretary of the Planning Commission. The nomination of Mr. Eric R. Lawrence was made by Commissioner Thomas and seconded by Commissioner Triplett. Motion was made by Commissioner Triplett, seconded by Commissioner Thomas, and unanimously passed to close the nominations for Secretary. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Eric R. Lawrence as Secretary of the Planning Commission for the calendar year 2014. ----------- PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES FOR 2014 Planning Director, Eric R. Lawrence, stated the Planning Commission’s Bylaws and the Roles and Responsibilities were both reviewed by the Commission over the last several months and modifications were deemed to be appropriate. Mr. Lawrence said the Planning Commission’s Bylaws and Roles & Responsibilities are ready for the Commission’s consideration and adoption. Frederick County Planning Commission Page 3046 Minutes of January 15, 2014 Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission’s Bylaws and the Roles & Responsibilities for the calendar year of 2014, as presented. ------------- MEETING SCHEDULE FOR 2014 Planning Commission and Committees Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, BE IT RESOLVED, that the Frederick County Planning Commission voted unanimously to have their regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors’ meeting room in the Frederick County Administration Building. In addition, if inclement weather prohibits the Wednesday evening meeting, the Commission shall move the meeting to Thursday evening, which is the day after the regularly-scheduled Wednesday meeting. BE IT FURTHER RESOLVED, that the Frederick County Planning Commission has voted unanimously for their Comprehensive Plans and Programs Committee to meet the second Monday of each month at 7:00 p.m. in the first floor conference room; and for the Development Review and Regulations Committee to meet on the fourth Thursday of each month at 7:00 p.m. in the first floor conference room. ------------- Committee Assignments for 2014 Regarding committee assignments for the calendar year of 2014, Chairman Wilmot asked the Planning Commission members to remain in their current committee assignments until she had the opportunity to communicate with everyone individually and determine if everyone is satisfied with their particular role. Chairman Wilmot next announced the following liaisons: Transportation Committee, Commissioner Oates; Historic Resources Advisory Board, Commissioner Oates; Economic Development Commission, Commissioner Thomas; Sanitation Authority, Commissioner Unger; Conservation Easement Authority, Commissioner Triplett; and Winchester Planning Commission, Commissioner Kenney. ------------- Frederick County Planning Commission Page 3047 Minutes of January 15, 2014 MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the December 4, 2013 meeting minutes of the Planning Commission were unanimously approved as presented. ------------- COMMITTEE REPORTS Winchester City Planning Commission Winchester City Planning Commission Liaison, William Wiley, reported that last month, the City Planning Commission approved a conditional use permit for replacement antennas on a mobile tower located on Fairmont Avenue. Mr. Wiley said this month, the Commission will consider a conditional use permit for an entertainment establishment/ nightclub use at 2832-2834 Valley Avenue. He said the Commission is also considering a date for their 2014 retreat. ------------- Comprehensive Plans & Programs Committee (CPPC) – 1/13/14 Mtg. Commissioner Oates reported the CPPC continued their evaluation of a land use study for the McCann-Slaughter properties in the Stephenson area; they also discussed the ongoing Southern Frederick Area Plan efforts. ------------- Historic Resources Advisory Board (HRAB) – 12/17/13 Mtg. Commissioner Oates reported the HRAB discussed a historic plaque application for the Carr-Brumback-Owens House; they also discussed a Comprehensive Plan Amendment for the McCann- Slaughter properties. ------------- CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening’s agenda. No one came forward to speak and Chairman Wilmot closed the Citizen Comments portion of the meeting. -------------- Frederick County Planning Commission Page 3048 Minutes of January 15, 2014 SOUTHERN FREDERICK URBAN AREA PLAN Chairman Wilmot announced the kick-off meeting for the Southern Frederick Urban Area Plan working groups to be held on Wednesday, January 29, 2014, at 7:00 p.m. in the Board of Supervisors Meeting Room. Chairman Wilmot welcomed any citizen who wished to participate in this land use study to contact the Frederick County Planning Department at 665-5651 with contact information. She said the working groups will be studying urban areas and residential development; business development; transportation; and natural and historic resources and public facilities. ------------- PUBLIC HEARING Conditional Use Permit #06-13 of Karen Garver for a Cottage Occupation/Nail Salon at 114 Lakeside Drive. The property, zoned RP (Residential Performance), is further identified with P.I.N. 75B-6-A-20A in the Shawnee Magisterial District. Action – Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported all the adjoining properties are zoned RP (Residential Performance) and the land use is residential and open space. Mr. Cheran stated the Frederick County Zoning Ordinance allows a nail salon as a cottage occupation in the RP Zoning District with an approved conditional use permit. The proposed use will take place in the applicant’s dwelling. He said there will be no employees and the applicant has stated there will be two customers per day and no more than 20 customers a month. He said the hours of operation will be Monday through Thursday from 4:30pm to 7:30pm; there will be no signs posted with this conditional use permit. Mr. Cheran concluded by stating that based upon the limited scale of the proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. Mr. Cheran next read a list of recommended conditions, should the Planning Commission find this use to be appropriate. Commissioner Thomas inquired if there was a State agency that controlled nail salons or any review by the Health Department. Commissioner Thomas said even though the applicant has stated there will be no more than two clients per day, it seemed to be an extremely restrictive number for a business. He said if the applicant’s business reached the point where there may be three clients per day, he didn’t want to see the applicant go through the expense and routine of applying for a revised conditional use permit. Commissioner Thomas thought if there were no other reasons or State regulations restricting the clients to two per day, the Commission should recommend four clients per day. Commissioner Kenney asked if retails are allowed in this situation. Mr. Cheran replied if the retail is associated with the cottage occupation, such as the sale of nail polish, etc., there would not be an issue. Ms. Karen Garver, the applicant, came forward to introduce herself and to respond to the Commission’s inquiry about the number of clients per day. Ms. Garver had no problems with raising the number of clients per day to four. Frederick County Planning Commission Page 3049 Minutes of January 15, 2014 Commissioner Manuel asked the applicant if she was required to be licensed by the State of Virginia and if the Health Department was involved. Ms. Garver replied yes; she carried a State esthetician’s license and a State nail technician’s license. Ms. Garver said she has had no contact with the Health Department. She intended to move her current nail business in Berryville to her home. Chairman Wilmot asked the applicant if the changes recommended by the Commission were acceptable. Ms. Garver replied yes. Chairman Wilmot called for any citizen comments, either in favor or opposition to this conditional use permit. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Manuel and seconded by Commissioner Ambrogi, BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #06-13 of Karen Garver for a Cottage Occupation/Nail Salon at 114 Lakeside Drive with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 4:30pm to 7:30pm, Monday through Thursday. 4. No more than four customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. (Note: Commissioners Mohn and Marston were absent from the meeting.) ------------- Conditional Use Permit #07-13 of Scott Sweeney for a Cottage Occupation/ Public Garage at 441 Red Oak Road. This property, zoned RA (Rural Areas), is further identified by P.I.N. 18-A-22D in the Gainesboro Magisterial District. Action – Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported the adjoining properties are zoned RA (Rural Areas) and the adjoining land uses are residential. Mr. Cheran stated public garages without auto body repair are permitted in the RA District with an approved conditional use permit, provided all repair work takes place entirely within an enclosed structure. He said the proposed use will be conducted in an existing structure approximately 2,048 square feet in size on a six-acre parcel. The nearest buildings or dwellings are more than 400 feet from this property. Mr. Cheran said the Frederick County Planning Commission Page 3050 Minutes of January 15, 2014 applicant has stated there will be no other employees other than the applicant. Mr. Cheran next read a list of recommended conditions, should the Planning Commission find this use to be appropriate. Mr. Scott Sweeney, the applicant, came forward to answer questions from the Planning Commission. Commissioner Triplett asked Mr. Sweeney if he was comfortable with the condition restricting the number of customers to three per day. Mr. Sweeney thought it would be preferable to be permitted at least four or five customers per day, if the business thrived; however, with him being the only mechanic, he probably will only have one or two customers per day. He was agreeable to the change in conditions and the staff did not believe there would be a problem with increasing the number of customers per day. Commissioner Manuel asked Mr. Sweeney if he was comfortable with Condition #3 which stated there will be no employees. Mr. Sweeney replied that for the present, he was okay with just himself working the business; however, if the business thrived, it would be nice to have another person to help out. Commissioner Dunlap assumed there would be some hazardous materials associated with the proposed business, such as gasoline and oil. Commissioner Dunlap asked the applicant if he had a plan for handling and disposal of those materials. Mr. Sweeney replied yes; he said the materials are placed within five-gallon plastic containers with lids and delivered to someone who uses the materials in an oil-waste furnace. Mr. Sweeney added that everything will be contained inside and nothing is stored outside. Chairman Wilmot called for citizen comments, either in favor or opposition to the proposed conditional use permit. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Triplett stated the proposed business seems to be an acceptable use on this property. He asked if there would be any issue with increasing the number of allowed employees to one additional person besides the applicant, considering the applicant has stated he would like to have another employee at some point in the future, if his business flourished. The staff did not believe there would be a problem with amending Condition #3 to allow one additional employee. Upon motion made by Commissioner Triplett and seconded by Commissioner Thomas, BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #07-13 of Scott Sweeney for a Cottage Occupation/ Public Garage at 441 Red Oak Road with the following amended conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 3. Operation limited to the applicant and one (1) additional employee. 4. No more than five (5) customers per day. Frederick County Planning Commission Page 3051 Minutes of January 15, 2014 5. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 6. All repair activities shall occur entirely within the enclosed structure. 7. Hours of operation shall be Monday through Saturday 8:00am to 6:00pm; no repair activities will take place on Sunday. 8. Any expansion or change of use shall require a new Conditional Use Permit. (Note: Commissioners Mohn and Marston were absent from the meeting.) ------------- INFORMATION/ DISCUSSION ITEMS Discussion of the 2014-2015 Capital Improvements Plan (CIP) for Frederick County, Virginia. The CIP is a prioritized list of capital projects requested by various County departments and agencies. The CIP is created as an informational document to assist in the development of Frederick County’s annual budget. If adopted, the CIP will become a component of the 2030 Comprehensive Plan. Deputy Planning Director, Michael T. Ruddy, reported the 2014-2015 Capital Improvements Plan (CIP), along with the following item concerning public facilities, both relate to Frederick County’s Comprehensive Plan. Mr. Ruddy said the CPPC (Comprehensive Plans and Programs Committee) discussed the CIP in November 2013 and endorsed the CIP as presented this evening. He said the CPPC also found the CIP to be in conformance with the 2030 Comprehensive Plan. Mr. Ruddy recognized several agency and department representatives who were present at this evening’s meeting. He introduced Mr. Wayne Lee, Planner with the Frederick County Public Schools; Mr. Jonathan Turkel, Frederick County Parks & Recreation Department; and Ms. Gloria Puffinburger, Frederick County Public Works Department. Mr. Ruddy reported the number of projects within the CIP has increased slightly over last year; there has been some reorganization of project priorities; and the various projects within the CIP further reinforces the connection between the CIP and the Comprehensive Plan. Mr. Ruddy pointed out the three-page table, which lists each of the projects on behalf of their respective agencies. He said the projects are prioritized by each individual department, based upon their own committees’ or commissions’ determination of their level of importance. In addition to the table, he noted four maps which are illustrative examples of where the Capital Improvements fall within Frederick County. Mr. Ruddy explained the first map identifies general county administration, the library, and the airport projects. The second map deals with public schools and changes to this map include properties purchased to facilitate two capital improvements, the fourth high school and the county middle school, adjacent to the Gainesboro Elementary School. He said the Parks & Recreation map is the third map and it remained the same as previous years. Finally, he presented the Transportation map, which included a couple modifications due to a variety of projects moving forward. Frederick County Planning Commission Page 3052 Minutes of January 15, 2014 Mr. Ruddy noted that the Gainesboro Citizens Convenience Center came off the list as work is presently taking place; and the all-day kindergarten projects are also being worked upon. He next pointed out some new projects within the CIP, such as the Frederick County Administration/Public Schools Joint Administration Building, which was an amendment to the CIP in 2013. He said the Department of Parks & Recreation section has changed, based primarily upon public input surveys conducted by the Parks & Recreation Department. He noted the transportation section has been changed to split the projects between funded and unfunded projects. Mr. Ruddy said the maps illustrate the projects and along with the narrative, each project is described throughout the body of the document itself. Commissioner Thomas inquired about the school renovation project for the all-day kindergarten and whether construction had progressed to the point where the County could say it would absolutely be ready for all-day kindergarten by August 2014. Mr. Wayne Lee, Planner for Frederick County Public Schools, replied this project is complete except for a few details. He said the project was delivered by the contractor on time and under budget. Mr. Lee said the capital improvements are in place and filling positions with personnel is the next hurdle. Commissioner Unger had questions regarding the necessity of the Route 277 improvement project, if the exit at Stephens City is relocated. Mr. Ruddy replied if the Transportation Planner, Mr. John Bishop, were present this evening, he believed Mr. Bishop would say the Route 277 project needs to move forward, even though the Southern Frederick Parkway and Route 307 may be relocated at some point in the future. Mr. Ruddy believed Route 277 was a much needed project and the improvements will help support anticipated future development and growth in that area. He believed that both projects were absolutely needed. Commissioner Unger also inquired if the Senseny Road improvements would be needed, if Route 37 was eventually looped around Winchester as planned. Mr. Ruddy replied, yes, the improvements to Senseny Road would certainly be needed. Mr. Ruddy commented that all of these details go to the MPO and the modeling that helps qualify all of the planned improvements. Mr. Ruddy added that Senseny Road would have an interchange on Route 37 at its eastern point. Commissioner Triplett asked about the status of Warm Springs Road. Mr. Ruddy said Warm Springs Road is on the Secondary Road Improvement Plan and has no time schedule. Mr. Ruddy explained the Capital Improvement Plan deals primarily with the Primary Road Improvement Plan and many of the secondary roads, while programmed in some way, is somewhat of a separate document. There were no further comments or questions. Mr. Ruddy said the 2014-2015 Capital Improvements Plan will go to the Board of Supervisors as a discussion item at their meeting of February 12, 2014 meeting. ------------- Frederick County Planning Commission Page 3053 Minutes of January 15, 2014 Discussion of Public Facilities and the 2030 Comprehensive Plan for Frederick County, Virginia. The Planning Commission will discuss a proposed amendment to the 2030 Comprehensive Plan: Public Facilities as a component of the 2030 Comprehensive Plan. This amendment is a follow up to and in support of the discussion of the Capital Improvement Plan (CIP) and the proposed County/ School Board Administration Building to be located generally within Frederick County’s Urban Development Area. The proposed amendment continues to promote Frederick County government and its effort to provide accessible, effective, and high quality government services to its citizens, business owners, and community partners. The proposed amendment would be inserted into the Comprehensive Plan within Chapter VI, Public Facilities – Creating Community with Public Facilities. Deputy Planning Director, Michael T. Ruddy, said it is anticipated this amendment to the Comprehensive Plan will be incorporated into Chapter VI, Public Facilities, and particularly, the section entitled, Creating Community with Public Facilities. He said when the CIP (Capital Improvements Plan) was amended in 2013, there was discussion about where such facilities would be located. Although the project was generally supported in the Comprehensive Plan, it was recognized that more could be done to ensure that Frederick County government services were being promoted within the Comprehensive Plan and accessibility to those services, whether it be through physical buildings providing a focal point for the community, or other ways of accessing those government services that may be more technologically oriented. Mr. Ruddy stated this is the purpose behind this amendment initiated by the CPPC (Comprehensive Plans and Programs Committee). It follows the same format as the remainder of the Comprehensive Plan and reinforces a policy: to improve services to citizens through the efficient and effective provision of community facilities. He noted six points included to implement this policy. Mr. Ruddy stated that the goal is to reinforce the role of Frederick County’s government services and make sure they are as accessible as they can be. He said the CPPC initiated this paralleling through the process with the CIP, a component of the Comprehensive Plan, and believed this was the appropriate way to incorporate it. He said the CPPC reviewed this amendment in September 2013 and waited until the CIP came forward because they desired to have the project incorporated within both documents together as it goes through the process. There were no questions or comments made by the Planning Commission at this time. Mr. Ruddy said this item will be forwarded to the Board of Supervisors for their discussion at their meeting of February 12, 2014. -------------