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PC_11-17-10_Meeting_MinutesMEETING 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 November 17, 2010. 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; George J. Kriz, Gainesboro District; Kevin O. Crosen, Back Creek District; Philip E. Lemieux, Red Bud District; Christopher M. Mohn, Red Bud District; and Roderick B. Williams, County Attorney. ABSENT: Brian Madagan, Opequon District; Greg L. Unger, Back Creek District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Dana M. Johnson, Zoning Inspector; 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 Kriz to adopt the November 17, 2010, agenda for this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the October 6, 2010 meeting were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Proerams Committee — 11/15/10 Mtg. Commissioner Kriz reported that representatives from the School Board, Parks & Recreation, and Public Works were available to answer any questions regarding the 2011 -2012 Capital C J Frederick County Planning Commission Page 2701 Minutes of November 17, 2010 -2- Improvements Plan (CIP). Commissioner Kriz said the 2011 -2012 CIP only has three new projects this • year with a few changes in the priority. He said the committee also received a brief update on the Comprehensive Policy Plan. Winchester Planning Commission — 11/16/10 Mtg. Commissioner Mohn reported that the Winchester Planning Commission had a series of public hearing items, which included: 1) recommended approval of a CUP for Buffalo Wild Wings to expand their operations to include nightclub activities; 2) recommended approval of a CUP for Winchester Medical Center for personal service and retail activities at the Wellness Center; 3) recommended approval of adding antennas on an existing telecommunications tower; 4) recommended approval of a minor rezoning to adjust boundaries for the City's historic district to facilitate some revitalization work through CDBG grants. Commissioner Mohn said the City Planning Commission also discussed the ongoing Comprehensive Policy Plan Update they have undertaken; specifically, the tenth chapter regarding the ten geographic planning areas for the City. He said this chapter dials in on specific concepts for key sites for development and re- development. Commissioner Mohn added that the City's Planning Director, Tim Youmans, would like to bring this chapter to the County's Planning Commission in some format for discussion and to receive input because there are some sites which adjoin Frederick County. • CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening and the following persons came forward to speak: Mr. Phil Haines, a resident on Poorhouse Road in the Gainesboro District, raised the subject of the Commission's recommendation for approval of a one - million - gallon water tank in Round Hill back in April of 2010. Mr. Haines said this would probably be coming back to the Planning Commission because the approval has been contested in court. Mr. Haines believed this item should not have been acted upon so quickly and there were issues that needed to be resolved. Mr. Haines believed the water tank would deface Round Hill for future generations. He commented that Round Hill was the first significant geological area heading towards Route 50 West. Mr. Haines said a local historian, Mr. Bob Jolley, is trying to find the location of the Hessian encampment in this area during the Revolutionary War. He said Mr. Jolley is presently working on the Glaize Farm and he will be working his way back to Round Hill. Mr. Haines was concerned that construction of the water tank will disrupt this area for historical purposes, it will possibly destroy artifacts, and it would affect this site for future generations. Mrs. Dianna Haines, a resident of Poorhouse Road in the Gainesboro District, said she was saddened by the decision of the Planning Commission to recommend approval of a water tank in the Rural Areas, which was outside of the normal plan for urban development. Mrs. Haines believed public • Frederick County Planning Commission Page 2702 Minutes of November 17, 2010 -3- announcement and public debate should have occurred; she assumed the Planning Commission would • make sure that procedures and rules would be followed on all planning, zoning, and land use matters. Mr. Haines returned to the podium to mention that while in Federal Court on this matter, the attorney for the land trust stated that his client could lose $4 -5 million in value if the water tank was not approved to be placed on his client's property. Mr. Haines noted this land is in a rural area. He said that one of the editors at the Winchester Star met with the County Administrator, John R. Riley, Jr., and Mr. Riley emphatically stated there were no plans for development. Mr. Haines questioned where the speculated $4 -5 million in lost value would have come from. PUBLIC HEARING Conditional Use Permit #08 -10 of Gisella S. Quevedo for a cottage occupation for an In -Home Day Care Facility at 110 Marlise Lane in Steeplechase Subdivision. This property is identified with P.I.N. 55J- 2 -1 -44 in the Red Bud Magisterial District. Action — Recommended Approval with Conditions Zoning Inspector, Dana M. Johnston, reported that in -home day care facilities are a permitted cottage occupation in the RP (Residential Performance) Zoning District with an approved conditional use permit (CUP). Mr. Johnston said the applicant has stated the in -home day care will take place entirely on the first floor of the home, which averages about 1,400 square feet of living space. Mr. • Johnston said the single- family home is on a quarter acre of land and the back yard is fenced. He said the applicant proposes to have two employees, one now and one later, if needed, and would care for no more than 12 children, ages ranging from eight weeks to 12 years old. Mr. Johnston next read a list of conditions, should the Commission find the use to be appropriate. Commissioner Lemieux referred to Condition #5 which limited the number of children to 12 and he said the Health Department Food Permit limits the number of people to 12 including employees. Commissioner Lemieux inquired about this overlap and Mr. Johnston referred this question to the applicant. Commissioner Triplett asked what type of health system served the residence. Mr. Johnston replied the residence was served with public water and sewer. Commissioner Thomas inquired if the number 12 was determined by the applicant or in some other manner. Mr. Johnston replied this is the number the applicant requested; he also believed it may be a regulation from the Social Services Department, Commissioner Oates pointed out that if the applicant intends to feed both children and staff, she would simply need to acquire a permit. Commissioner Manuel noted that the Department of Social Services has strict guidelines on the indoor square footage required per child and also the playground areas must meet a certain square footage per child. He asked the staff if 12 children met those tests. Mr. Johnston said he would direct that question to the applicant; however, the number of children would not exceed 12, but it could be less. Is Frederick County Planning Commission Page 2703 Minutes of November 17, 2010 -4- • Commissioner Crosen asked if there was any regulation from the Department of Social Services dictating how many employees would be necessary for supervision for this number of children. He questioned why this is limited to two adults and 12 children. Mr. Johnston replied that the applicant had requested one employee for now and possibly, one additional employee for the future. Planning Director, Eric R. Lawrence, remarked that the Department of Social Services requires one adult per five children. Mr. Lawrence said at this zoning phase, we are setting the maximum threshold and once Social Services becomes involved, they will determine the exact number of children and adults that can fit onto the property based on square footage. Commissioner Thomas asked if Social Services also looks at the ratio of bathrooms per number of people since this is a residence. Mr. Lawrence said that after the CUP is issued, both the Department of Social Services and the Building Official would have to go onto the site to make sure everything is safe before the daycare facility could begin to operate. Mr. Lawrence said the premise for these agencies was to instruct the applicant to obtain the CUP first, before beginning to modify the residence. Commissioner Thomas assumed the Health Department looked at the amount of food being served versus the number of children, but he wondered if any agency regulated the number of bathrooms needed. Mr. Lawrence believed the Building Code would address the bathroom issue. The applicant, Ms. Gisella S. Quevedo, said she will not be feeding her staff. Ms. Quevedo said she already has one employee and she brings her own lunch. She said the Health Department has stated she could feed up to 12 people; therefore, she will not be feeding her staff. Commissioner Lemieux asked the applicant if she had discussed her plans for the day care center with her Homeowners Association (HOA). Ms. Quevedo said she did speak with the HOA • and they said as long as her neighbors were okay with it and she was not placing any signs or modifying the exterior of her home, they would not have any problems. Regarding the bathrooms, Ms. Quevedo said most of the children are still in diapers. Chairman Wilmot next opened the public hearing and she called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Mohn made a motion to recommend approval of CUP #08 -10 with the conditions as suggested by the staff. This motion was seconded by Commissioner Oates and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit 408 -10 of Gisella S. Quevedo for a cottage occupation for an In -Home Day Care Facility at 110 Marlise Lane in Steeplechase Subdivision with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 7:00 a.m. to 6:00 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this conditional use permit shall be erected on the property • Frederick County Planning Commission Page 2704 Minutes of November 17, 2010 -5- 5. Other than those children residing on the property, there shall be no more than 12 children being • cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than two employees working at the day care at any time. Any expansion or change of use will require a new conditional use permit. (Note: Commissioners Madagan and Unger were absent from the meeting.) 2010 -2030 COMPREHENSIVE POLICY PLAN UPDATE FOR FREDERICK COUNTY Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported on the status of the 2010 -2030 Comprehensive Policy Plan Update. Mr. Ruddy said that many of the Planning Commission members have participated in the update and he offered thanks to all those individuals. He said the Comprehensive Policy Plan was approached with a new format and included several working groups reviewing the different chapters in an effort to gain a wide variety of stakeholder input and this has resulted in a variety • of improved chapters. Mr. Ruddy said the update has also produced some revised policies and implementation strategies. He said that over the last several months, many of the chapters, including Transportation, Urban and Rural areas, Residential and Business Development, Tourism, and Agribusiness, have been rewritten and sent to the Board of Supervisors for their preliminary evaluation and input. Mr. Ruddy said the committees have reached a point where they are ready to hold a public input forum. He said a public input forum has been scheduled for Wednesday, December 15, 2010, at 7:00 p.m. and will be incorporated into the Planning Commission's regularly scheduled meeting. Mr. Ruddy noted that in addition to the public input forum, the chapter information, the maps, and all of the draft work that has been done to this date will soon be available on the County's official website allowing for additional opportunities for citizens to get information and provide feedback. Mr. Ruddy said the staff is looking to come out of the public input and information meeting ready for a discussion with the Board of Supervisors and Planning Commission at the upcoming annual retreat. Chairman Wilmot asked if members of the Board of Supervisors were going to be invited to the December 15 meeting. Mr. Ruddy replied that everyone is invited and certainly the Board if they are available; however, this is primarily a public input and information opportunity. • Frederick County Planning Commission Page 2705 Minutes of November 17, 2010 WO • ADJOURNMENT No further business remained to be discussed and upon motion by Commissioner Kriz and second by Commissioner Mohn, the meeting adjourned at 7:30 p.m. by a unanimous vote. Respectfully submitted, Jun M. Wilmot, Chairman T Z R. Lawrence, Secretary • • Frederick County Planning Commission Page 2706 Minutes of November 17, 2010