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024-06AMENDMENT Action: PLANNING COMMISSION: August ] 6, 2006 - Recommended Approval of Modified Version BOARD OF SUPERVISORS: November 8, 2006 - ~ APPROVED ^ DENIED AN AMENDMENT TO THE FREDERICK COUNTY 2003 COMPREHENSIVE POLICY PLAN CHAPTER 6, LAND USE WHEREAS, An amendment to the Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, to modify land use policy text to reflect the recently adopted UI~A and SWSA boundary ~~ modifications was considered. This amendment was reviewed by the Comprehensive Plans and Programs Subcommittee (CPPS), and the Planning Commission during their regularly scheduled meetings; and, WHEREAS, The Comprehensive Plans and Programs Subcommittee (CPPS) recommended approval of thi s amendment on May 8, 2006; and, WHEREAS, the Planning Commission held a public hearing on this Comprehensive Policy Plan amendment on June 21; 2006 and a public meeting on August 16, 2006; and, WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on September 13, 2006; and, WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan amendment to be in the best interest of the public health, safety, welfare, and in good planning practice; YDRes.#36-06 Page 2 of 2 Amendment to Comprehensive Policy Plan, Chapter 7 UDA &SWSA Text Modifications November 8, 2006 NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, is amended to modify the land use policy text to reflect the recently adopted UDA and SWSA boundary modifications. Passed this 8th day of November 2006 by the following recorded vote: Richard C. Shickle, Chairman Ape Barbara E. Van Osten Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye A COPY ATTEST John R y, Jr. Frederick County Administrator This Comprehensive Policy Plan amendment shall be in effect on the day of adoption. PDRcs.#36-Ofi BOS Resolution 9~ 024-06 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Board of Supervisors FROM: Michael T. Ruddy, AICP ,~~ Deputy Director I RE: UDA Study - UDAISWSA Land Use Policy Modification Action. (Completion of Outstanding Item from Boundary and Land Use Policy Modification Exercise). DATE: October 31, 2006 This land use policy language modification (see attached) is aimed at clarifying and reinforcing current land use policy pertaining to the rural and urban areas of the County and is presented to the Board for action this evening. Previously, the Frederick County Board of Supervisors, at their meeting on September 13, 2006, held a public hearing for the UDA and S WSA Boundary Modification Exercise and Land Use Policy text amendments. Following the public hearing, the Board approved a series of UDA/SWSA boundary modifications. The Board postponed action on the Land Use Policy text modifications to allow further refinement of the policy which would clearly distinguish between the urban and rural land uses. In postponing action on the policy, the Board also provided additional direction to staff regarding the language of the Land Use Policy update as it pertained to rural and urban areas. Staff and the UDA Working Group, in consultation with members of the Board, evaluated various approaches to defining the areas of land use to avoid confusion with the language of the Zoning Ordinance. Through the process it was reinforced that the Land Use Policy concepts are independent of the zoning classifications of the Zoning Ordinance. Rural Areas continues to offer an acceptable solution. as a designation for those areas outside of the Urban Areas. It is the intent of this revised Land Use Policy tcxt to differentiate between the terms used in the Land Use Policy and the Zoning Ordinance. The approach refined in this agenda item more accurately reflects and describes current County policy and historical application of the policy. In addition, the revisions to the Land Usc Policy Language affirm the understanding of the County's UDA and SWSA policy. Future modification to the County's Zoning Ordinance definitions should further distinguish the difference between the land use policy and the Zoning Ordinance terminology. It i s recommended for future action that any Zoning Ordinance classification should contain the word "Zoning" and the 107 North KenT Street, Suite 202 Winchester, Virginia 22601-5000 Board of Supervisors -UDA Study October 31, 2006 Page 2 letter "Z" should be included within any future zoning classification acronym to help in the general understanding of the difference between land use designations in the Comprehensive Plan and the classifications of the Zoning Ordinance. In general, the following graphic represents the three major components of the County's land use policy and how they relate to each other: Rural Areas Rural Areas (areas outside of the SWSA and UDA Expected land uses based on policy: •Agricultural and large lot residential uses without public \ water and / sewer Urban Areas UDA and SWSA :pected land uses based on policy: •Higher density residential uses on public water and sewer •C & 1 uses on public water and sewer " • Institutional uses on public water and sewer Expected lard u `, based or l~licy.,,, •C &c I uses ~;i pt:blic water-anc sezh~er •lnsttutirinai use rm pu.blio~ Ovate. and Sewc;r r. An additional modification to the existing Land Use Policy describing the Airport Support Area has been added to further clarify the understanding of UDA and SWSA within this specific area of the County's urban areas. As this is within the context of the land use policy discussion and boundary modifications it is appropriate to include this minor modification in this current effort. The Airport Support Area is proposed to be modified to prohibit further residential rezonings within this area as opposed to limiting further residential rezonings. Staff will be available to discuss the proposed modifications to the land use policy in greater detail at the November 8, 2006 Board Meeting. Please contact me, or Eric Lawrence, if you have any questions. J Land Use -Comprehensive Polic,~Plan UDA and SWSA Land Use Policy Uvdate This plan contains general land use concepts for the future development of Frederick County. It describes the general development patterns that are presently taking place and those that are anticipated or planned. As planning efforts continue, more specific concepts will be developed for interchange areas, rural community centers, and other areas. Such plans will combine planning for land use with planning for roads and facilities. The primary land use concepts in this plan i~ are the Rural Areas and the Urban Areas. The Urban Areas comprise of the Urban Development Area (LTDA) and the Sewer and Water Service Area (SWSA). These land use concepts seek to clearly divide .the County into rural and urban areas of land use. The Rural Areas of the county can be defined as all areas outside of the Urban Development Area and Sewer and Water Service Area The Urban Devel~ment Area and Sewer and Water Service Area are envisioned to be more urban in character It is expected that the land uses within the UDA and SWSA will be on public water and sewer. The Urban Development Area defines the general area in which more intensive forms of residential development will occur. Commercial industrial and institutional land uses are also encouraged within the Urban Development Area The Sewer and Water Service Area. is consistent with the Urban Development Area in many locations However the Sewer and Water Service Area may extend beyond the Urban Development Area to promote commercial industrial and institutional land uses in areas where residential land uses aze not desirable. The relationship between the three primary land use concepts in this plan is further illustrated in the following graphic. Rural Areas Urban Areas Rural Areas UDA and SWSA (areas outside of the SWSA Expected land uses based on policy:; and UDA ` •Higher density residential uses Expected land on public water and sewer uses based •C ~ I uses on public water and sewer on policy: _ , , •Agricultural and large lot residential uses - \ without public water and water and sewer ~ sewer / Lund Use -Comprehensive Policy Plan UDA and SWSA Land Use Policy Update Echo Village is an existing residential neighborhood at the intersection of Vallev Pike (Route 111 and Route 37. It is zoned RP (Residential Performance) and the residences are served by public water and sewer. This area is not included in the UDA, but the existing lots will continue to have access to public water and sewer. The existing residential land uses and residentially zoned lots would be able to continue pursuant to current Countv Ordinances The wider area is planned and zoned for commercial and industrial uses, so expansion of the residential development would not be supported Anv future request to change the land use should be consisted with current commercial and industrial land use designations. rT L T1 1 + A ~ .. ...« ..~ „„.,~e~, -~~ Y3e`Z4L~~/2~, t'f~Lr@ I3 +ln t,1~ IIO~)i~tf3 .~'~L +7. + Airport Support Area Conflicts between airports and residential development can be significant in growing communities. Residents of areas in the vicinity of the airport tend to oppose airport activities and the expansion of such activities because of concern for noise and fly-overs. Therefore, the Winchester Regional Airport Authority has developed an airport support area for inclusion in the plan. The airport support area is an area in which further residential rezonings will he-~i#~ be prohibited in order to protect fly-over areas and noise sensitive areas. It was also established to insure the feasibility of continued airport use and future airport expansion. Business and industrial uses should be the primary uses in the airport support area. 1~ Land Use - Comprehensive Policy Plan UDA and SWSA Land Use Policv Undate This plan contains general land use concepts for the future development of Frederick County. It describes the general development patterns that are presently taking place and those that are anticipated or planned. As planning efforts continue, more specific concepts will be developed for interchange areas, rural community centers, and other areas. Such plans will combine planning for land use with planning for roads and facilities. The primary land use concepts in this plan are the Rural Areas and the Urban Areas. The Urban Areas comprise of the Urban Development Area (UDA), and the Sewer and Water Service Area (SWSA). These land use concepts seek to clearly divide the County into rural and urban areas of land use. The Rural Areas of the county can be defined as all areas outside of the Urban Development Area and Sewer and Water Service Area. The Urban Development Area and Sewer and Water Service Area are envisioned to be more urban in character. It is expected that the land uses within the UDA and SWSA will be on public water and sewer. The Urban Development Area defines the general area in which more intensive forms of residential development will occur. Commercial, industrial, and institutional land uses are also encouraged within the Urban Development Area. The Sewer and Water Service Area is consistent with the Urban Development Area in many locations. However, the Sewer and Water Service Area may extend beyond the Urban Development Area to promote commercial, industrial, and institutional - land uses in areas where residential land uses are not desirable. The relationship between the three primary land use concepts in this plan is further illustrated in the following graphic. (Insert Graphic) Echo Village is an existing residential neighborhood at the intersection of Valley Pike (Route 11) and Route 37. 1t is zoned RP (Residential Performance), and the residences are served by public water and sewer. This area is not included in the UDA, but the existing lots will continue to have access to public water and sewer. The existing residential land uses and residentially zoned lots would be able to continue pursuant to current County Ordinances. The wider area is planned and zoned for commercial and industrial uses, so expansion of the residential development would not be supported. Any future request to change the land use should be consistent with current commercial. and industrial land use designations. Airport Support Area Conflicts between airports and residential development can be significant in growing communities. Residents of areas in the vicinity of the airport tend to oppose airport activities and the expansion of such activities because of concern for noise and fly-overs. Therefore, the Winchester Regional Airport Authority has developed an airport support area for inclusion in the plan. The airport support area is an area in which further residential rezonings will be prohibited in order to protect fly-over areas and noise sensitive areas. It was also established to insure the feasibility of continued airport use and future airport expansion. Business and industrial uses should be the primary uses in the airport support area AMENDMENT Action: PLANNING COMMISSION: August 16, 2006 - Recommended Approval of Modified Version BOARD OF SUPERVISORS: November 8, 2006 - ^ APPROVED ^ DENIED AN AMENDMENT TO THE FREDERICK COUNTY 2003 COMPREHENSIVE POLICY PLAN CHAPTER 6, LAND USE WHEREAS, An amendment to the Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, to modify land use policy text to reflect the recently adopted UDA and SWSA boundary modifications was considered. This amendment was reviewed by the Comprehensive Plans and. Programs Subcommittee (CPPS), and the Planning Commission during their regularly scheduled meetings; and., WHEREAS, The Comprehensive Plans and Programs Subcommittee (CPPS) recommended approval of this amendment on May 8, 2006; and, WHEREAS, the Planning Commission held a public hearing on this Comprehensive Policy Plan amendment on June 21, 2006 and a public meeting on August 16, 2006; and, WHEREAS, the Board of Supervisors held a public hearing on this Comprehensive Policy Plan amendment on September 13, 2006; and, WHEREAS, the Frederick County Board of Supervisors finds the adoption of this Comprehensive Policy Plan amendment to be in the best interest of the public health, safety, welfare, and in good planning practice; PDRes.#36-Ofi Page 2 of 2 Amendment to Comprehensive Policy Plan, Chapter 7 UDA &SWSA Text Modifications November 8, 2006 NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, is amended to modify the land use policy text to reflect the recently adopted UDA and SWSA boundary modifications. Passed this 8th day of November 2006 by the following recorded vote: Richard C. Shickle, Chairman Barbara E. Van Osten Gary W. Dove Gene E. Fisher Philip A. Lemieux Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator This Comprehensive Policy Plan amendment shall be in effect on the day of adoption. PDRes.#36-06