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PC_01-05-11_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 January 5, 2011, PRESENT: June M. Wilmot, Chairman/Member at Large; Brian Madagan, 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; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Roderick B. Williams, County Attorney. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Dana M. Johnston, Zoning Inspector; and Renee' S. Arlotta, Clerk. 0 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 January 5, 2011, agenda for this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed. ELECTION OF OFFICERS, MEETING SCHEDULE, COMMITTEE APPOINTMENTS, AND ADOPTION OF BYLAWS FOR 2011 The Secretary to the Planning Commission, Mr. Eric R. Lawrence, presided over the election of the Chair and Vice Chair for 2011. Election of June M. Wilmot, Chairman for 2011 Secretary Lawrence declared nominations open for Chairman for the 2011 calendar year. E The nomination of Ms. June M. Wilmot for Chairman was made by Commissioner Kriz and seconded by Commissioner Triplett. A motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and unanimously passed to close nominations for Chairman. Frederick County Planning Commission Page 2714 Minutes of January 5, 2011 -2- ® 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 Year of 2011. Election of Roger L. Thomas, Vice Chairman for 2011 Secretary Lawrence declared nominations open for Vice Chairman for the 2011 calendar year. The nomination of Mr. Roger L. Thomas was made by Commissioner Kriz and seconded by Commissioner Triplett. Motion was made by Commissioner Kriz, seconded by Commissioner Triplett, 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 Year of 2011. Election of Eric R. Lawrence, Secretary for 2011 ® Chairman Wilmot declared nominations open for Secretary of the Planning Commission. The nomination of Mr. Eric R. Lawrence was made by Commissioner Kriz and seconded by Commissioner Triplett. Motion was made by Commissioner Kriz, seconded by Commissioner Triplett, 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 Year of 2011. MEETING SCHEDULE FOR 2011 Planning Commission and Committees Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, 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, the • Frederick County Planning Commission Page 2715 Minutes of January 5, 2011 -3- Comprehensive Plans and Programs Committee shall meet the second Monday of each month at 7:00 p.m. in the first floor conference room; and the Development Review and Regulations Committee on the fourth Thursday of each month at 7:00 p.m. in the first floor conference room. Committee Assianments for 2011 Regarding committee assignments for the calendar year of 2011, 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 Kriz with Commissioner Oates as his alternate; Historic Resources Advisory Board, Commissioner Oates with Commissioner Kriz as his alternate; Economic Development Commission, Commissioner Madagan; Sanitation Authority, Commissioner Unger; Conservation Easement Authority, Commissioner Triplett; and Winchester Planning Commission, Commissioner Mohn. Planning Commission Bylaws and Roles & Responsibilities for 2011 • Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission's Bylaws and Roles & Responsibilities for the calendar year of 2011, as presented. MEETING MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously approved the minutes of the November 3, 2010 meeting. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously approved the minutes of the November 17, 2010 meeting. 11 Frederick County Planning Commission Page 2716 Minutes of January 5, 2011 ® Comprehensive Plans and Programs Subcommittee 11/15/10 Mtg. Commissioner Kriz reported the Planning Commission's second meeting in December was a presentation and discussion of all of the various sections of the new Comprehensive Policy Plan. Commissioner Kriz said the plan is coming together very well. He said there were about 50 people in attendance, along with many of the people who were working on the Comprehensive Policy Plan. He commented that the room was well set up by the Planning Department and each section of the Comprehensive Policy Plan had its own table. Commissioner Kriz complimented the Chairman, Ms. June Wilmot, on the tremendous job she had done in getting all the people involved and making sure all of the deadlines were met. He noted the Comprehensive Policy Plan will be the main topic of discussion at the Planning Commission's 2011 Retreat and afterward, public hearings will be held. Planning Director, Eric R. Lawrence, provided the website for the public to read and make comments on the Comprehensive Policy Plan, as follows: frederickcountyva.gov Chairman Wilmot complimented Deputy Planning Director, Michael T. Ruddy, on the tremendous job he has done on the Comprehensive Policy Plan and thanked him for his work. Economic Development Commission (EDC) — 12/10/10 Mtg. Commissioner Madagan reported that Jesse Moffett, of the Frederick - Winchester Service Authority, provided an update on Service Authority activities for the EDC. Commissioner Madagan said the EDC had some initial discussions on the budget. Winchester Planning Commission — 12/21/10 Mtg. Commissioner Mohn reported that the Winchester Planning Commission considered a handful of ordinance amendments. Also, some transitions occurred with a couple of the Commission members. 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 comment portion of the meeting. • Frederick County Planning Commission Page 2717 Minutes of January 5, 2011 -5- PUBLIC HEARING ® Conditional Use Permit 909 -10 for Judy Tingle for a cottage occupation to enable an In -Home Day Care Facility at 284 Tyler Drive in the Hiatt's Run subdivision. This property is identified with P.I.N. 32- A -2 -18 in the Stonewall Magisterial District. Action — Recommended Approval with Conditions Zoning Inspector, Dana M. Johnston, reported that an in -home daycare facility is a permitted use as a cottage occupation in the rural areas with an approved conditional use permit. Mr. Johnston stated that the proposed daycare facility would be operating within the principal residential structure on a five -acre lot; the closest distance from another dwelling is approximately 250 feet. He said the applicant has stated that she does not want any signs and /or employees associated with the conditional use permit. He noted that the Department of Social Services may dictate the number of children allowed in the home; however, the applicant is choosing not to exceed eight children at any given time. Mr. Johnston next read a list of seven recommended conditions, should the Commission find the use to be appropriate. Commissioner Unger noticed a pool on the property and he inquired if the pool was in conformance with all of the building codes. Ms. Judy Tingle, the applicant and owner of the property, stated that there is a pool on the property; however, she does have alarms at the doors and alarms both upstairs and downstairs. She said this was approved when the pool was inspected last year. Ms. Tingle said she also has insurance through is State Farm Insurance, if an accident occurred. No other questions or issues were raised by the Planning Commission. Commissioner Kriz noted that the applicant will need to obtain approvals and licensing from various other agencies. Chairman Wilmot next opened the public hearing and called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Crockett and seconded by Commissioner Unger, BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit 409 -10 for Judy Tingle for a cottage occupation to enable an In -Home Day Care Facility at 284 Tyler Drive in the Hiatt's Run 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 6:00 a.m. to 7:00 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 (CUP) shall be erected on the property. • Frederick County Planning Commission Page 2718 Minutes of January 5, 2011 5. Other than those children residing on the property, there shall be no more than eight children ® being cared for at any given time. Other than those persons residing on the property, there shall be no more than one employee working at the daycare facility at any time. Any expansion or change of use will require a new conditional use permit. (Note: Commissioner Thomas was absent from the meeting.) 2011 -2012 CAPITAL IMPROVEMENTS PLAN (CIP) FOR FREDERICK COUNTY. 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 assists in the development of the County's annual budget. If adopted, the CIP becomes a component of the Comprehensive Policy Plan. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, presented the 2011 -2012 Capital Improvements Plan (CIP) for Frederick County, which is a prioritized list of capital projects requested by various County departments and agencies. Mr. Ruddy stated that in previous weeks, discussion on the ® CIP has taken place at both the Planning Commission and the Board of Supervisors level and prior to that, the Comprehensive Plans and Programs Committee (CPPC) also reviewed the CIP. He stated that on each of those discussion occasions, the groups recognized the C1P's conformance with the County's Comprehensive Policy Plan. Mr. Ruddy noted that the CIP is created as an informational document to assist in the development of the County's annual budget; and once adopted, the CIP becomes a component of the County's Comprehensive Policy Plan. Mr. Ruddy reported that this year's CIP contains 77 projects, which includes five new or modified projects, and it continues to reinforce the connection between the CIP, the Comprehensive Policy Plan, and rezoning, particularly with proffered contributions. Mr. Ruddy next explained the four maps included which illustrate the different projects within the CIP: for General County Administration, Airport, and Library Facilities; for General School Locations; for Parks and Recreation Facilities; and for Transportation Components. He also pointed out the table, which is a major component of the CIP and identifies the projects and their funding. Chairman Wilmot next opened the public hearing and called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. The Planning Commission believed the CIP was in conformance with the County's Comprehensive Policy Plan and endorsed the plan as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Mohn, Frederick County Planning Commission Page 2719 Minutes of January 5, 2011 -7- BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously ® recommend to the Board of Supervisors the approval of the 2011 -2012 Capital Improvements Plan (CIP) for Frederick County. (Note: Commissioner Thomas was absent from the meeting.) A proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101, General Provisions, Section 165- 101.02, Definitions and Word Usage, with the inclusion of a definition for "Public Buildings." Action — Recommended Approval Planning Director, Eric R. Lawrence, reported that in 1990, the Frederick County Zoning Ordinance was established using SIC (Standard Industrial Classification) Codes to identify permitted uses within the business and industrial zoning districts. He explained that, rather than include seven different SIC Codes for public administration -type uses, the County adopted "public buildings" as a catch -all term. He noted that recently, the County has been advised that "public buildings" should be defined within the Code. Mr. Lawrence read the proposed definition, as follows: "Public Building — Any area, building or structure owned, held, operated, used or controlled for public purposes by any department, branch or unit of the Federal Government, the Commonwealth of Virginia or one or more of its local • governments, political subdivisions or municipal corporations." Mr. Lawrence stated that the Board of Supervisors discussed this matter at their December 2010 meeting and directed the staff to take this through the public hearing process. Commissioner Kriz asked if the definition included rental buildings. Mr. Lawrence replied that any level the government owns, operates, or occupies is the catch phrase and would include rentals. Chairman Wilmot next opened the public hearing and called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. No other comments or issues were raised by the Commission and they were in favor of the proposed ordinance amendment as presented. Upon motion made by Commissioner Oates and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101, General Provisions, Section 165- 101.02, Definitions and Word Usage, with the inclusion of a definition for "Public Buildings." (Note: Commissioner Thomas was absent from the meeting.) • Frederick County Planning Commission Page 2720 Minutes of January 5, 2011 • CANCELLATION OF THE JANUARY 19, 2011, MEETING Chairman Wilmot announced there were no action items pending for the Planning Commission's January 19, 2011, meeting. Upon motion made by Commissioner Kriz and seconded by Commission Triplett, C BE IT RESOLVED, that the Frederick County Planning Commission does hereby cancel its next regularly scheduled meeting on January 19, 2011, by a unanimous vote. PLANNING COMMISSION'S ANNUAL RETREAT FOR 2011 Chairman Wilmot reminded all in attendance of the Planning Commission's Annual Retreat, scheduled for Saturday, February 12, 2011, to be held at the Frederick County Public Safety Center. ADJOURNMENT No further business remained to be discussed and upon motion by Commissioner Kriz and second by Commissioner Oates, the meeting adjourned at 7:30 p.m. by a unanimous vote. Respectfully submitted, 1 A, A - "- ne M. Wilmot, Chairman o VA,rj, . Lawrence, Secretary • Frederick County Planning Commission Minutes of January 5, 2011 Page 2721