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PC_02-02-11_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 February 2, 2011. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; 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; 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: George J. Kriz, Gainesboro District; STAFF PRESENT: Eric R. Lawrence, Planning Director; Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning & Subdivision Administrator; Dana M. Johnston, Zoning Inspector; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot announced a few changes to the meeting agenda. She said a date was not previously identified for the Planning Commission to meet if inclement weather caused a meeting cancellation; she suggested this issue be covered after Item #l. Chairman Wilmot also noted that two items have been forwarded from the DRRC (Development Review & Regulations Committee). She said the first, Schools in the B2, B3, and M1 Zoning Districts, will be under Tab C; and the second item, minor revisions to the Rural Area Requirements, will be under Tab D. Chairman Wilmot asked for a motion to include those changes to the agenda. Upon motion made by Commissioner Oates and seconded by Commissioner Triplett, the Planning Commission unanimously accepted the changes for the February 2, 2011, Planning Commission agenda for this evening's meeting. Upon motion made by Commissioner Oates and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the February 2, 2011, Planning Commission agenda, as amended, for this evening's meeting. 0 Frederick County Planning Commission Page 2722 Minutes of February 2, 2011 -2- ® INCLEMENT WEATHER POLICY FOR MEETING CANCELLATION Chairman Wilmot stated the action needed by the Planning Commission is regarding an alternate meeting date for the Planning Commission, if inclement weather results in the cancellation of a regularly - scheduled Commission meeting. Chairman Wilmot suggested the Commission identify the alternate meeting day as the following evening, Thursday, at 7:00 p.m. Upon motion made by Commissioner Manuel and seconded by Commissioner Madagan, the Planning Commission unanimously voted to have the following evening, Thursday at 7:00 p.m. as the designated alternate meeting day, if inclement weather results in the cancellation of a regularly- scheduled Planning Commission meeting. Chairman Wilmot noted that this decision will be reflected in the Planning Commission's Bylaws. MEETING MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the Planning Commission unanimously approved the minutes of the December 1, 2010 meeting. Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the Planning Commission unanimously approved the minutes of the January 5, 2011 meeting. COMMITTEE REPORTS Development Review and Regulations Committee (DRRQ — 1127111 Mtg. Commissioner Unger reported the DRRC elected officers and he was elected Chairman and Kevin Kenney was elected as the Vice Chairman. Commissioner Unger said the DRRC had a discussion regarding schools in the M I District. He said it was the opinion of the DRRS that this was not an appropriate zoning for schools because of safety, traffic, and incompatibility of uses that could move in beside the school. Commissioner Unger reported the DRRC also discussed some minor ordinance amendments for the RA District. Although he recalled making some of these amendments back in 2009, some additional changes in the language were needed. There was also discussion on revising some of the language regarding signs, particularly the specifics involving flashing signs. • Frederick County Planning Commission Page 2723 Minutes of February 2, 2011 -3- Sanitation Authority (SA) — 1/18/11 Mtg. • Commissioner Unger reported rainfall for the month of December was down significantly, at less than one inch; the previous month, November, rainfall was 3.37 inches, which is normal. The Diehl Plant produced 1.2 million gallons per day (mgd); the Anderson Plant produced 1.2 mgd; .89 mgd was purchased from the City of Winchester; Average Daily Use was 3.4 mgd, which was down from the previous month of 4.9 mgd. Commissioner Unger reported some problems at the Anderson Plant in which the owners of the quarry and the Sanitation Department are disputing over who is responsible for paying some bills; he said that litigation to settle the matter may result. COMMITTEE APPOINTMENTS Chairman Wilmot announced the following appointments for the Development Review & Regulations Committee (DRRC): Opequon District Commissioner, Roger L. Thomas; Back Creek Commissioner, Greg L. Unger; Back Creek Commissioner, Kevin O. Crosen; Shawnee Commissioner, Lawrence R. Ambrogi; Stonewall District Commissioner, Gary R. Oates; and ex- officio member, Chairman June Wilmot. Chairman Wilmot noted a number of citizen members: Mr: Jay Banks, Back Creek District; Mr. Kevin Kenney, Gainesboro District; Mr. Whitney Wagner, Stonewall District; John Conrad, Citizen Member representing the Top of Virginia; Mr. Dwight Shenk, Gainesboro District. Chairman Wilmot noted that for the Comprehensive Plans & Programs Committee (CPPC), work has not yet finished on examining how this committee operates, which is a little different from the DRRC. Chairman Wilmot said she would nominate the current Planning Commissioners for that committee and will do so with the knowledge that a meeting will be held on February 14 at 7:00 p.m. She announced the following members: Gainesboro District Commissioner, George J. Kriz; Stonewall District Commissioner, Gary R. Oates; Red Bud District Commissioner, Christopher Mohn; Shawnee District Commissioner, H. Paige Manuel; Stonewall District Commissioner, J. Stanley Crockett; and Red Bud District Commissioner, Philip A. Lemieux; and ex- officio members: Opequon District Commissioner, Roger L. Thomas; and Chairman June Wilmot. 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 comment portion of the meeting. Frederick County Planning Commission Page 2724 Minutes of February 2, 2011 -4- PUBLIC HEARING ® Conditional Use Permit 901 -I1 for Tracy Alt for a cottage occupation to enable an In -Home Day Care Facility at 110 O'Brien's Circle in the Shenandoah Hills subdivision. This property is identified with P.I.N. 55F -1 -3 -140 in the Red Bud 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 RP (Residential Performance) Zoning District with an approved conditional use permit. Mr. Johnston stated that the proposed daycare facility appears to have no adverse impacts on the subdivision and the adjoining properties. Mr. Johnston next read a list of seven recommended conditions, should the Commission find the use to be appropriate. I Commissioner Lemieux inquired if the Department of Social Services would be the authority on the operation of the day care facility. Mr. Johnston replied yes; he said the'regulations of the Department of Social Services would supplement the conditions placed by the Planning Department. Commissioner Thomas asked if the residence was currently acting as 'a day care center. Mr. Johnston replied yes, the applicant is caring for five children presently; however, more than five children would trigger the licensing requirements through the Department of Sociall Services and the conditional use permit through the Department of Planning and Development. I Chairman Wilmot called for citizen comments; however, no one came forward to speak. i ® The applicant was present to answer any questions from the Commission. Upon motion made by Commissioner Mohn and seconded by Commissioner Lemieux, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 401 -11 for Tracy Alt for a cottage occupation to enable an In -Home Day Care Facility at 110 O'Brien's Circle in the Shenandoah Hills 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 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 (CUP) shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than ten children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one employee working at the daycare facility at any time. L Frederick County Planning Commission Page 2725 Minutes of February 2, 2011 -5- ® 7. Any expansion or change of use will require a new conditional use permit. (Note: Commissioner Kriz was absent from the meeting.) OTHER Senior Planner, Candice E. Perkins, reported that staff had received a request for the Development Review and Regulations Committee (DRRC) to consider allowing schools as a conditional use in the B2 (Business General), B3 (Industrial Transition), and the M1 (Light Industrial) Zoning Districts. Ms. Perkins stated that currently, schools are only permitted in the RA (Rural Areas), RP (Residential Performance), R4 (Residential Planned Community), R5 ( Residential Recreational Community), and MH -I (Mobile Home Community) Districts. She noted that vocational schools, which fall under the same classification, are allowed in the B3, Ml, and M2 (Industrial General) Zoning is Districts. Ms. Perkins said the Department of Planning & Development has seen multiple requests over the last year for users in these similar districts, but this is the first request for an ordinance amendment. Ms. Perkins said this was extensively discussed by the DRRC at their meeting on January 27, 2011; they ultimately recommended that the requested ordinance amendment not be approved. Commissioner Unger believed the current economic situation influenced discussion at the DRRC meeting. He believed that everyone at the DRRC meeting wanted to see the building used for something; unfortunately, the only user to come forward is someone with a school. Commissioner Unger said the committee members didn't think this was an appropriate location for a school. He said there were concerns about traffic; there were concerns about incompatibility between a school use and another commercial /industrial use. Commissioner Thomas stated that if a building in an industrial area is given a conditional use permit (CUP), it might as well be made permanent because there is no way, once it's turned into a public school, that the CUP could be pulled. Commissioner Thomas questioned why the Commission would do this as a CUP because the ability to then pull it would be zero, once it's established. He reiterated the three concerns of the DRRC: the safety regarding traffic, the incompatibility of uses, and the long -range loss of tax base. He thought these were compelling reasons not to make this ordinance change. Commissioner Thomas recalled a Commission discussion a number of years ago regarding compatible uses around schools and some changes were made to the ordinance to disallow some uses. He said this couldn't be controlled if a school went into an industrial park. He added that this concept is • Frederick County Planning Commission Page 2726 Minutes of February 2, 2011 Commissioner Crosen said he would abstain from this discussion due to a possible conflict of interest. fraught with a considerable number of problems and he believed the DRRC's recommendation should be ® accepted. Chairman Wilmot commented that the County is not in a state of plentitude with regards to its supply of commercial areas and particularly, with M1. Chairman Wilmot predicted that the marketability of the remainder of the industrial park would be negatively affected, should the school use be allowed. Ms. Perkins said that she would forward the Commission's comments on to the Board of Supervisors for their consideration. DISCUSSION OF PROPOSED MINOR REVISIONS TO THE RURAL AREA REQUIREMENTS WITHIN CHAPTER 144 SUBDIVISION OF LAND, AND CHAPTER 165, ZONING, OF THE FREDERICK COUNTY CODE. Senior Planner, Candice E. Perkins, reported that the first proposed change is to Section 165- 401.07 Setback Requirements. She said this change is necessary to clarify that setback requirements apply to all lots in the RA (Rural Areas) Zoning District, conforming or non- conforming in lot site. She commented that this eliminates the traditional five -acre lot text. The subdivision ordinance change is to eliminate a reference to the 40% preservation tracts. Ms. Perkins said this item was discussed by the Development Review & Regulations Committee (DRRC) at their meeting on January 27, 2011. No issues of concern were raised by the members of the Planning Commission regarding the proposed change. Ms. Perkins said she would forward the minor revisions on to the Board of Supervisors for their discussion. 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, will be held at the Frederick County Public Safety Center. Chairman Wilmot referred to the retreat package handed out to the members of the Planning Commission and encouraged Commissioners to read through the materials included. Frederick County Planning Commission Page 2727 Minutes of February 2, 2011 -7- CANCELLATION OF THE FEBRUARY 16 2011 PLANNING COMMISSION MEETING ® Chairman Wilmot stated that there were no pending items for the Commission's February 16, 2011 meeting. Upon motion made by Commissioner Oates and seconded by Commissioner Mohn, the Planning Commission unanimously agreed to cancel their regularly scheduled meeting on February 16, 2011. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:20 p.m. by a unanimous vote. Respectfully submitted, L J L� L Ju M. Wilmot, Chairman I R. Lawrence, S Frederick County Planning Commission Page 2728 Minutes of February 2, 2011