PC_10-19-11_Meeting_MinutesMEETING MINUTES
® OF THE
11
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on October 19, 2011.
PRESENT: 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; George J.
Kriz, Gainesboro District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District;
Nate Adams, City of Winchester Planning Commission Liaison; and Rod Williams, County Attorney.
ABSENT: June M. Wilmot, Chairman /Member at Large; Greg L. Unger, Back Creek District; Kevin
O. Crosen, Back Creek District;
STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning Administrator;
Candice E. Perkins, Senior Planner; Dana M. Johnston, Zoning Inspector; and Renee' S. Arlotta, Clerk.
CALL TO ORDER & ADOPTION OF AGENDA
Vice Chairman Thomas called the meeting to order at 7:00 p.m. Upon motion made by
Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously
adopted the October 19, 2011, Planning Commission agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the
minutes of September 7, 2011 were unanimously approved as presented.
COMMITTEE REPORTS
Historic Rescources Advisory Board (HRAB) — 10/18/11 Mtg.
Commissioner Kriz reported the following three items on the HRAB's agenda: 1)
discussion of a proposed CUP for an AT &T cell tower located on Back Mountain Road, between
Shawneeland and Wildacres; no decision was made because more information is needed from AT &T;
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2) approved a historic property designation plaque for the Glass- Rinker - Cooper Mill at 2431 Cedar Creek
Grade; and 3) reviewed what was presented from the HRAB to the Historic Resources, Public Facilities
and Natural Resources Working Group of the Senseny/Eastern Frederick Urban Area Plan.
Senseny/ Eastern Frederick Urban Area Plan (SEFUAP) — 10/18/11 Weekly Update
Commissioner Kriz reported the SEFUAP is the urban area plan for the 16,000 acres east
of Winchester. Commissioner Kriz said the work groups are entering their third week of meetings and it
appears all things are proceeding well. He said each group has established standing meeting dates and
times and Deputy Planning Director, Mike Ruddy, will post work group meeting summaries on the
webpage for all to access. He noted that the public is able to follow the progress or they can make
comments by accessing the Frederick County Webpage and clicking on the Senseny button at the bottom
of the page. On November 2, at 7:00 p.m., there will be a work group facilitator meeting to share
progress reports, identify issues and topics that might overlap or conflict among other work groups, and
find resolution on any conflict issues. Commissioner Kriz thanked all the participants working to develop
a good urban area plan for this area of the County.
Economic Development Commission (EDC) - 10/14/11 Conference
Commissioner Madagan reported that in lieu of the EDC's regular monthly meeting, a
conference was held. Ms. Liz Povar, with the Virginia Economic Development Partnership, described the
State's recruiting efforts for economic development and their strategies and targeted business sectors.
Commissioner Madagan said most of Ms. Povar's discussion was in line with what Frederick County has
already been doing and she indicated that the Winchester- Frederick County Economic Development
Commission is used as a model in other areas of the State.
City of Winchester Planning Commission — 10/18/11 Mtg.
The Chairman of the Planning Commission for the City of Winchester, Mr. Nate Adams,
reported that the Commission is in the process of rezoning along the Amherst Street corridor, between the
medical center and James Wood Middle School from low- density residential to ROI to make it more
compatible with the Comprehensive Plan recently adopted. Mr. Adams believed this to be an area of
future development and more rezoning requests along that area are anticipated.
Mr. Adams said work is continuing esoterically to redevelop the City of Winchester to
make it more economically viable, to make it more attractive, and to re -use old properties. Mr. Adams
said the City is looking at discarding some of the Euclidean zoning and moving towards a form -based
zoning by looking at the aesthetics of the buildings as opposed to the uses. He noted this has a lot of
potential and he anticipated seeing more of this within the next year.
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Vice Chairman Thomas called for citizen comments on any issue not on this evening's
agenda. No one came forward to speak and Vice Chairman Thomas closed the citizen comment portion
of the meeting.
PUBLIC HEARING
Conditional Use Permit 909 -11 of Sarah Hott for a cottage occupation for a hair salon at 99
Plantation Drive. This property is identified with P.I.N. 65B -4 -A -9 in the Red Bud Magisterial
District.
Action — Recommended Approval with Conditions
Zoning Inspector, Dana Johnston, reported this application would allow a cottage
occupation for a hair salon in a residential zoning district. Mr. Johnston said the proposed use will take
place on a half -acre parcel within the applicant's dwelling in a 23 -foot by 11 -foot room accessed by an
exterior door leading to a paved driveway. He noted there is adequate parking and a paved turn - around
area. He said the hair salon is equipped with one hair salon sink and two hair salon chairs. No signs will
be posted with this conditional use permit. Mr. Johnston said the staff believes this use would not have
® any significant impacts on the adjoining properties, based on the limited scale of the proposed use and the
evaluation of the property. Mr. Johnston next read a list of recommended conditions, should the
Commission find the use to be appropriate.
The applicant /owner, Mrs. Sarah R. Hott, was available to answer questions from the
Commission. Mrs. Hott said she is currently self - employed and rents a station at a local salon. She said
the ability to move her business into her home with already established customers is the next logical step,
as a business owner.
Commissioner Manuel asked Mrs. Hott if she understood and was agreeable to all the
conditions recommended by the staff, particularly to the number of customers per day. Mrs. Hott
believed eight customers per day was adequate because it was not her goal to employ another person. She
said if there was ever to be another employee, it would probably be a shampoo girl who would not have
customers of her own.
Vice - Chairman Thomas opened the public hearing to citizen comments and called for
anyone wishing to speak concerning this conditional use permit application. No one came forward and
Vice-Chairman Thomas closed the public comment portion of the hearing.
No other issues or concerns were raised by Commission members.
Upon motion made by Commissioner Lemieux and seconded by Commissioner Mohn,
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BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval
�y of Conditional Use Permit 909 -11 for Sarah Hott for a cottage occupation for a hair salon at 99 Plantation
�j Drive with the following conditions:
I . 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 permitted from 9:00 a.m. to 5:00 p.m., Monday through Saturday.
4. Hair salon is limited to eight customers per day.
5. Other than the applicant, one other employee is permitted.
6. Any expansion or change of use shall require a new conditional use permit.
COMMISSION DISCUSSION
Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article
I, General Provisions, Amendments, and Conditional Use Permits, Part 101, General Provisions,
Chapter 165 - 101.02, Definitions and Word Usage; Article II, Supplementary Use Regulations,
Parking, Buffers and Regulations for Specific Uses, Part 201, Supplementary Use Regulations, 165-
201.08, Protection of Environmental Features — Riparian Buffers. This proposed ordinance
amendment will provide revisions to the riparian buffer requirements of the Frederick County
Zoning Ordinance.
No Action Required
Senior Planner, Candice E. Perkins, reported this item is a discussion on a proposed
ordinance amendment to revise the riparian buffer requirements. Ms. Perkins said this proposed
amendment originated as a request from a private party for the Development Review & Regulations
Committee (DRRC) to review. She explained the primary revisions pertain to the disturbance of riparian
buffers, particularly the disturbance of riparian buffers by private utilities, access to properties, buffer
restoration, creation of wetlands, creation of trails, as well as a proposed revision to allow parks with a
Planning Commission waiver. Also included with this amendment are two definition revisions for "road"
and for "street' by striking the word, "existing" from the definitions.
Ms. Perkins said the DRRC reviewed this proposed amendment at their July and
September, 2011 meetings and at their September meeting, the DRRC endorsed the amendment and sent
this forward to the Planning Commission for discussion.
Commission members who were also DRRC members said this proposed amendment
was discussed at two separate meetings and the applicant was satisfied with the final result. Other
members could see no issues with the proposed amendment.
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® Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article
11, Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 204,
Additional Regulations for Specific Uses, 165- 204.19 Telecommunications Facilities, Commercial.
This proposed ordinance amendment consists of revisions to the commercial telecommunications
facilities in the Frederick County Code.
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No Action Required
Senior Planner, Candice E. Perkins, reported this item is a discussion on a proposed
ordinance amendment to revise the supplemental use regulations that pertain to commercial
telecommunication facilities. Ms. Perkins said the primary changes proposed with this amendment are
changes to the introductory language to include recognition of a 2232 review, which is a State Code
Comprehensive Plan Compliance Review. She said there is additional language which states there must
be a need for the facility, as well as clarification of the co- location requirements. Specifically, this change
states the effort should extend to buildings and structures, not solely other telecommunications facilities.
Ms. Perkins stated the Development Review & Regulations Committee (DRRC)
reviewed this proposed amendment at their September, 2011 meeting. The DRRC endorsed the proposed
amendment and sent it forward to the Planning Commission for discussion.
Commissioner Mohn stated the changes were good and improved the ordinance.
No other issues were raised or comments made.
CANCELATION OF THE COMMISSION'S NOVEMBER 2, 2011 MEETING
Vice Chairman Thomas announced there were no pending items for the Planning
Commission's November 2, 2011 meeting. Upon motion by Commissioner Kriz and second by
Commissioner Triplett, the Commission unanimously voted to cancel the November 2, 2011 meeting.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 7:20 p.m. by a
unanimous vote.
L. Thomas, Vice-Chairman
R. Lawrence, Secretary
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