HomeMy WebLinkAboutPC 01-05-22 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Election of Officers, Meeting Schedule, Adoption of Bylaws & Roles &
Responsibilities 2022
3.A.Election of Officers, Meeting Schedule, Adoption of Bylaws & Roles &
Responsibilities 2022
4.Meeting Minutes
4.A.December 1, 2021 Meeting Minutes
5.Committee Reports
6.Citizen Comments
7.Public Hearings
7.A.Ordinance Amendment - Steep Slopes, Farm
Wineries/Breweries/Distilleries, Inoperable Motor Vehicles, Pedestrian
Access, and Street Design - (Mr. Klein)
Ordinance Amendment- Steep Slopes, Farm Wineries/Breweries/Distilleries,
Inoperable Motor Vehicles, Pedestrian Access, and Street Design. STEEP
SLOPES CHAPTER 144 – SUBDIVISION OF LAND; ARTICLE II – Definitions; 144-
2. Definitions and word usage; CHAPTER 165 - ZONING ARTICLE I - General
Provisions; Amendments; and Conditional Use Permits PART 101 - GENERAL
PROVISIONS §165-101.02. Definitions and word usage. FARM WINERIES, FARM
AGENDA
PLANNING COMMISSION
WEDNESDAY, JANUARY 5, 2022
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC01-05-22AnnualElections_CommitteeAppointments_MeetingSchedule.pdf
PC01-05-21MinutesDecember1.pdf
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BREWERIES, AND FARM DISTILLERIES CHAPTER 165 - ZONING ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific
Uses PART 204 – Additional Regulations for Specific Uses §165-204.22. Farm
wineries, farm breweries; and farm distilleries. INOPERABLE MOTOR VEHICLES
CHAPTER 165 – ZONING ARTICLE I General Provisions; Amendments; and
Conditional Use Permit PART 101 - GENERAL PROVISIONS §165-101.02
Definitions and word usage ARTICLE II Supplementary Use Regulations; Parking;
Buffers; and Regulations for Specific Uses PART 204 – Additional Regulations
for Specific Uses §165-204.11. Landfills, junkyards, trash disposal, and
inoperable vehicles. PEDESTRIAN ACCESS CHAPTER 165 – ZONING ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific
Uses Part 202 Off-Street Parking, Loading and Access §165-202.03. Motor vehicle
access. STREET DESIGN CHAPTER 144 – SUBDIVISION OF LAND ARTICLE V
Design Standards §144-17. STREETS - Revision to Chapter 144 – Subdivision
Ordinance and Chapter 165 – Zoning Ordinance to clarify, amend and remove
requirements contain in general provisions, supplementary use regulations, regulations
for specific uses, and design standards.
8.Other
8.A.Current Planning Applications
9.Adjourn
PC01-05-22OA_SteepSlopes_FarmWineriesBreweriesDistilleries_etc.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: January 5, 2022
Agenda Section: Election of Officers, Meeting Schedule, Adoption of
Bylaws & Roles & Responsibilities 2022
Title: Election of Officers, Meeting Schedule, Adoption of Bylaws & Roles &
Responsibilities 2022
Attachments:
PC01-05-22AnnualElections_CommitteeAppointments_MeetingSchedule.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street • Winchester, Virginia 22601-5000
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Wyatt Pearson, Director
SUBJECT: 2022 Election of Officers, Committee Appointments, Meeting Schedule
DATE: December 29, 2021
________________________________________________________________________
ELECTION OF OFFICERS FOR 2022
At the first meeting of each year, the Planning Commission elects a Chairman, Vice -
Chairman and Secretary. These three Planning Commission officers assume office
immediately and hold such office for the duration of the calendar year.
For each office, the Commission will: open the nominations; accept nominations; close
nominations; and vote to fill the officer position. The Planning Director will conduct these
elections.
ADOPTION OF MEETING SCHEDULE FOR 2022
At the first meeting of each year, the Planning Commission adopts their meeting schedule
for the ensuing year.
Historically, the Commission has held 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. The
Comprehensive Plans & Programs Committee (CPPC) meets on the second Monday of
each month at 7:00 p.m. in the first-floor conference room and the Development Review
& Regulations Committee meets on the fourth Thursday of each month at 7:00 p.m. in
the first-floor conference room. The Planning Commission’s meeting schedule for
inclement weather states that in the event that weather causes the cancelation of a
regularly scheduled Wednesday evening meeting, the meeting will be held on the
following Thursday evening.
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Memorandum: Elections, Appointments, and Meeting Times
December 29, 2021
Page 2 of 2
COMMITTEE ASSIGNMENTS FOR 2022
At the first meeting of each year, the Chairman appoints the membership for the
Comprehensive Plans and Programs Committee (CPPC) and the Development Review &
Regulations Committee (DRRC). The Chairman also appoints a Planning Commission
liaison to the: Transportation Committee (TC), Historic Resources Advisory Board (HRAB),
Conservation Easement Authority (CEA), Frederick Water, and the Winchester Planning
Commission.
PLANNING COMMISSION BY-LAWS FOR 2022
At the first meeting of each year, the Planning Commission adopts their Bylaws, and Roles
and Responsibilities for the ensuing year. These documents are attached.
Please contact staff should you have questions.
Attachments: Proposed 2022 Planning Commission Bylaws
Proposed 2022 Planning Commission Roles and Responsibilities
WP/pd
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PLANNING COMMISSION BYLAWS
County of Frederick, Virginia
Proposed for Consideration
At the January 5, 2022, Planning Commission
ARTICLE I - AUTHORIZATION
1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 21
of the Code of Frederick County, and in accord with the provisions of Section 15.2-2210 of the
Code of Virginia (1950), as amended.
1-2 The official title of this body shall be the Frederick County Planning Commission, hereinafter
referred to as the "Commission".
ARTICLE II - PURPOSE
2-1 The primary purpose of the Commission is to advise the Frederick County Board of Supervisors
and to carry out all duties and functions described by the Code of Virginia, as amended.
ARTICLE III - MEMBERSHIP
3-1 The membership of the Commission shall be determined by the Frederick County Board of
Supervisors as specified in Chapter 21 of the Code of Frederick County. Methods of appointment
and terms of office shall be determined by Chapter 21 of the Code of Frederick County.
3-2 Within the first month of initial appointment, new Commissioner appointees shall: 1) participate in
an orientation to familiarize themselves with the operations of the Department and the
Commission, and 2) meet with planning staff representatives in an effort to review and better
understand specific agenda items by no later than their second Planning Commission meeting.
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2022 Planning Commission Bylaws
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ARTICLE IV - OFFICERS
4-1 Officers of the Commission shall consist of a chairman, vice-chairman and secretary. The
chairman and vice-chairman must be voting members of the Commission. The secretary shall be a
member of the Commission or a county employee.
4-2 Selection
4-2-1 The officers shall be elected by the voting members of the Commission at the first
meeting of the calendar year.
4-2-2 Nomination of officers shall be made from the floor. Elections of officers shall
follow immediately. A candidate receiving a majority vote of the entire voting
membership shall be declared elected.
4-3 Duties
4-3-1 The Chairman shall:
4-3-1-1 Preside at meetings.
4-3-1-2 Appoint committees.
4-3-1-3 Rule on procedural questions. A ruling on a procedural question
by the chairman shall be subject to reversal by a two-thirds
majority vote of the members present.
4-3-1-4 Report official communications.
4-3-1-5 Certify official documents involving the authority of the
Commission.
4-3-1-6 Certify minutes as true and correct copies.
4-3-1-7 Carry out other duties as assigned by the Board of Supervisors and
the Commission.
4-3-2 The Vice-Chairman shall:
4-3-2-1 Assume the full powers of the chairman in the absence or inability
of the chairman to act.
4-3-2-2 When acting as chair, the vice-chairman shall carry out other
duties as assigned by the Board of Supervisors and the
Commission Chairman.
4-3-3 The Secretary shall:
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2022 Planning Commission Bylaws
Page 3
4-3-3-1 Ensure that attendance is recorded at all meetings.
4-3-3-2 Ensure that the minutes of all Commission meetings are recorded.
4-3-3-3 Notify members of all meetings.
4-3-3-4 Prepare agendas for all meetings.
4-3-3-5 Maintain files of all official Commission records and reports.
Official records and reports may be purged in accordance with
applicable state codes.
4-3-3-6 Give notice of all Commission meetings, public hearings and
public meetings.
4-3-3-7 Provide to the Board of Supervisors reports and recommendations
of the Commission.
4-3-3-8 Attend to the correspondence necessary for the execution of the
duties and functions of the Commission.
4-4 Term of Office
4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies
shall be filled for an unexpired term by a majority vote of the Commission. In such cases,
the newly elected officer shall serve only until the end of the calendar year or until a
successor takes office.
4-5 Temporary Chairman
4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting,
the Commission shall designate from among its members a temporary chairman who shall
act for that meeting in the absence of the chairman or vice-chairman.
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2022 Planning Commission Bylaws
Page 4
ARTICLE V - COMMITTEES
5-1 The Commission shall establish committees necessary to accomplish its purpose.
5-2 In establishing committees, the Commission shall describe the purpose for each committee.
5-3 Members of the committees shall be appointed by the chairman and will serve for a term of one
year. The chairman may request recommendations from the Commission or committee members
on committee appointments.
5-4 Commission members, employees of the County, and citizen volunteers may be members of the
committee.
5-5 The chairman and vice-chairman of the Planning Commission shall be ex-officio members of every
committee.
5-6 The committees will elect a chairman and vice-chairman annually. These officers shall be current
Commission members and should represent different Magisterial Districts, if possible.
5-7 The committees may operate as a committee of the whole or by executive committee, with current
and past Commission members serving as members of the executive committee.
5-8 The committees may establish standing subcommittees whose activities will be a specific
responsibility of the parent committee. One executive committee member will serve as liaison to
the standing subcommittee and will assist staff in managing its activities. Membership will be
comprised of past Commission members and citizens. Membership will be appointed by the
chairman of the Committee with concurrence by the Commission Chairman.
5-9 The committees may establish working groups to assist in specific, carefully-defined tasks for a
limited period of time. Important considerations for membership on the working group are skills
and experience necessary to assist in providing acceptable solutions. Membership will be
appointed by the Chairman of the Committee with concurrence by the Commission Chairman.
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2022 Planning Commission Bylaws
Page 5
ARTICLE VI – COMMISSION MEETINGS
6-1 At the first meeting of each calendar year, the Commission shall fix the date, time, and place of all
its regular meetings for the ensuing calendar year and shall fix the day on which a regular meeting
shall be continued should the Chairman declare that weather or other conditions make it hazardous
for members to attend.
6-2 Special meetings may be called by the chairman or by the secretary after due notice and publication
by the secretary.
6-3 Notice of all meetings shall be sent by the secretary with an agenda at least five calendar days
before the meeting.
6-4 All meetings of the Commission shall be open to the public except for Closed Sessions held in
accordance with the provision specified under Section 2.2-3711(A) of the Code of Virginia, 1950,
as amended.
ARTICLE VII - VOTING
7-1 A majority of voting members shall constitute a quorum. No action shall be taken, or motion made
unless a quorum is present.
7-2 No action of the Commission shall be valid unless authorized by a majority vote of those present
and voting.
ARTICLE VIII - OPERATING RULES
8-1 Order of Business for a regular meeting
8-1-1 Call to Order.
8-1-2 Adoption of the Agenda.
8-1-3 Consideration of Minutes.
8-1-4 Committee Reports.
8-1-5 Citizen Comments on Items not on the Agenda.
8-1-6 Public Hearings.
8-1-7 Action Items.
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2022 Planning Commission Bylaws
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8-1-8 Information/Discussion Items
8-1-9 Other.
8-1-10 Adjournment.
8-2 Minutes
8-2-1 The Commission shall keep minutes of each meeting. The chairman and secretary shall
sign all minutes following approval by the Commission certifying that the minutes are true
and correct. Minutes made available to the public prior to formal approval by the
Commission shall be clearly identified as a draft version of the meeting.
8-3 Procedures
8-3-1 Parliamentary procedure in the Commission meetings shall be governed by Robert's Rules
of Order, except where otherwise specified in these procedures.
8-3-2 Whenever an agenda item involves a recommendation to the Board of Supervisors, the
Commission shall continue to consider the item until a definite recommendation is made.
If a motion has been made and defeated, additional, different motions may be made
concerning the item under consideration.
8-3-3 The initial motion on an agenda item shall be made by a member representing the
application’s Magisterial District. If both District representatives are absent or decline to
make the initial motion, then any other Commissioner may act.
8-3-4 Business items on the agenda shall be considered using the following procedures:
8-3-4-1 Report by County Staff.
8-3-4-2 Presentation by Applicant.
8-3-4-3 Citizen Comment.
8-3-4-4 Applicant Response.
8-3-4-5 Staff Summary.
8-3-4-6 Discussion by Commission.
8-3-4-7 Motion and Action by Commission.
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2022 Planning Commission Bylaws
Page 7
8-3-5 Public comment shall be allowed in all cases required by the Code of Virginia, 1950, as
amended, or the Code of Frederick County. In other cases, the chairman may allow public
comment.
8-3-6 The Commission members may ask questions of clarification and information after the
staff report, applicant presentation, and/or citizen comment.
8-3-7 Petitions, displays, documents or correspondence presented at a meeting may be made part
of the official record of the meeting by motion of the Commission and are to be kept on file
by the secretary. Such items need not be made part of the published minutes.
8-3-8 Public Hearings
8-3-8-1 The Commission shall hold public hearings on all items for which hearings
are required by the Code of Virginia, 1950, as amended, or by the Code of
Frederick County. Such public hearing shall be advertised and
notifications provided as required by the Code of Virginia, 1950, as
amended.
8-3-8-2 The Chairman may establish special rules for any public hearing at the
beginning of said hearing. These rules may include limitations on the time
of staff report, applicant presentation and citizen comment.
8-3-8-3 In addition to those required by law, the Commission may hold public
hearings on any matter, under the purview of the Commission, which it
deems to be in the public interest. In such cases, the public hearings shall
follow all procedures described for public hearing in these bylaws.
8-3-8-4 The 90-day period (Section 165-102.03 of the Frederick County Zoning
Ordinance) for the Planning Commission to make a rezoning
recommendation to the Board will start after the first Commission meeting
following the referral of the amendment to the Commission.
8-3-9 Tabling
8-3-9-1 The Planning Commission shall have the authority to postpone agenda
items 45- calendar days (less if reaching the limits of Section 165-102.03)
for any one of the following:
A) The agenda item does not meet the requirements of the Code of
Virginia, 1950, as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
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2022 Planning Commission Bylaws
Page 8
C) Insufficient information has been provided for the agenda item.
D) Revised proffers have been received from the applicant less than
eight (8) calendar days of the advertised Planning Commission
meeting.
E) Issues or concerns that arise during formal discussion of the
agenda item warrant additional information or study.
F) The applicant provides the Frederick County Planning
Department with a written request to postpone the agenda item.
G) The Frederick County Planning Department is advised of an
emergency situation that prevents attendance by the applicant.
H) The applicant fails to appear at the meeting in which the
application has been advertised to appear.
8-3-9-2 The applicant shall be permitted to request that an agenda item be
postponed from a scheduled Planning Commission meeting one time. The
Planning Commission shall table the application for a specific period of
time to ensure that the requirements of Section 165-102.03 of the
Frederick County Zoning Ordinance are not exceeded unless the applicant
requests a waiver from this requirement. In no case shall an application be
postponed for more than 12 months from the time the complete
application was received by the Zoning Administrator or applicable staff.
8-3-9-3 An application that has been postponed for an unspecified period of time
shall be re-advertised for consideration by the Planning Commission once
the following steps have been completed:
A) The applicant has requested in writing that the agenda item be
considered by the Planning Commission.
B) The applicant has provided all required information to the
Frederick County Planning Department which addresses all
concerns of the Planning Commission.
8-3-10 Work sessions
8-3-10-1 The Commission may hold work sessions at which the procedural rules
of these bylaws shall not apply.
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2022 Planning Commission Bylaws
Page 9
8-3-10-2 Work sessions shall be held after the adjournment of regular meetings or
at the time and place set by the Commission and/or the Board of
Supervisors.
8-3-10-3 Notice of work sessions shall be sent to the Planning Commissioners at
least five days before the session.
8-3-10-4 The chairman shall lead the session and require orderly behavior and
discussion.
8-3-10-5 No actions shall be taken, or motions made at a work session.
8-3-10-6 Work sessions shall be open to the public. Public comment is not
required at a work session.
8-3-10-7 The secretary shall keep a general record of all work sessions and the
items discussed.
8-3-11 Adjournment
8-3-11-1 In no case shall the Commission consider any new items after 10:30 P.M.
and the meeting shall be adjourned by 11:00 P.M. In the instance that an
item begun before 10:30P.M. has not been acted on by the 11:00 P.M.
hour, the Commission may, by majority vote, lift the adjournment time
until a recommendation has been made, or such time, after 11:00 P.M., as
the Commission may fix.
ARTICLE IX - AMENDMENTS
9-1 These bylaws may be amended by a majority vote of the entire voting membership after
thirty days prior notice at any time during the calendar year.
9-2 The Planning Commission shall conduct an annual review of these bylaws each calendar
year to ensure their accuracy.
9-3 At the first meeting of the calendar year, the By-Laws will be adopted.
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FREDERICK COUNTY PLANNING COMMISSION
ROLES AND RESPONSIBILITIES
PROPOSED FOR CONSIDERATION – JANUARY 2022
This document has been prepared to assist Frederick County Planning Commissioners in
understanding what their role and responsibilities are in the myriad of activities that they
accept as a member of the Planning Commission. This compilation is a companion
document to the Commission’s By-Laws.
APPLICATION COMMUNICATIONS
There are three primary sources of information gathered by and weighed by the Planning
Commission in order to make quality planning recommendations to the Board of
Supervisors. They are ex-parte communications; staff reports and public input.
Ex-Parte Communications:
Individual meetings between Commissioners and an applicant/developer regarding a
specific application shall follow the Virginia Freedom of Information Act. During this
discussion or at any other time prior to action taken by the Commission on the
application, a Planning Commissioner should make no commitments or endorsements.
Any new written materials provided by the applicant to any one Commissioner shall be
made available to all commissioners and staff by the applicant prior to the application
appearing on the agenda. To not do so may result in the application being tabled at the
Planning Commission public hearing.
Staff Application Briefings/Work Sessions:
Prior to the first public hearing being held, staff will hold a briefing for the Planning
Commissioners, with an invitation extended to the Board of Supervisors to participate,
regarding any application deemed sufficiently complicated / controversial to warrant
detailed explanation. The purpose is to apprise the Commissioners regarding the details
of the application, both those items that meet the ordinance and those that do not. This
provides the opportunity for the Commissioners to have a common understanding of the
application prior to the public hearing. The decision to hold a briefing on a specific
application will be made jointly by the Director of Planning and the Chairman of the
Planning Commission. In addition to complexity, the application shall be basically
complete prior to scheduling the briefing.
The Planning Commission may request a work session for an application which, after the
first public hearing is concluded, is subsequently postponed. The purpose of the work
session is to discuss amongst each other and with staff details of the application, any
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2022 Planning Commission Roles and Responsibilities
Proposed for consideration January 2022
revised proffers provided or anticipated by the applicant, and other improvements which
could be made to the application.
For either a briefing or a work session:
-The applicant should attend but will not have an active role.
-The format of a Planning Commission work session as identified in paragraph 8-
3-10 of the Commission’s By-Laws will be used.
-In no case will the legal timeline for consideration before the Planning
Commission be changed.
Public Hearing/Meeting:
Efficient and effective public hearings are an essential part of enabling the Commission
to make reasoned recommendations to the Board of Supervisors.
Every attempt will be made to obtain focused and broad representation of opinion or
information from the public. When possible, specific time limitations will not be used.
However, both rules of order as well as time constraints most appropriate for the specific
application will be implemented when there is either large interest in or controversy
regarding an application.
One constant during this process on both the part of the public, the applicant, and the
Commission itself is civility and respect for information offered or a differing opinion.
Deviation from this behavior is unacceptable.
COMMISSIONER DEVELOPMENT:
Each Commissioner shall be committed to preparing for and keeping knowledge current
in order to do the most effective job for the community.
New initial appointees should strive to obtain Planning Commissioner certification from
an acceptable training program within the first year of appointment. This training is
supported by the Planning Department budget.
Further continuing education through many offerings should be pursued and will be
supported by the Planning budget as possible. These opportunities should be shared
amongst the number of Commissioners who are serving. Examples include seminars or
workshops from the Virginia Commonwealth University Land Use Education Program,
and publications or opportunities from the American Planning Association. A library is
maintained by the Planning office.
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2022 Planning Commission Roles and Responsibilities
Proposed for consideration January 2022
COMMISSIONER ATTENDANCE:
Commissioners are expected to participate in 80% of the regularly scheduled meetings
per year. Members who cannot attend a meeting due to illness, business, and other
governmental or family reasons should notify the Commission Chairman and/or staff
Administrative Assistant prior to the scheduled meeting in order for the absence to be
noted. It may affect quorum considerations.
Especially essential is preparation and readiness for each of the Commission’s meetings
in order to use not only the Commission’s but the staff’s and public’s time wisely.
COMMISSION COMMITTEE ASSIGNMENTS:
Appointments to a Commission committee or liaison assignments are made by the
chairman and shared by the membership. Generally, they involve a once per month
meeting.
CONFLICT OF INTEREST:
Each Commissioner needs to be familiar with Commonwealth of Virginia information on
conflict of interest. If a Commissioner is unsure if there is conflict, the County Attorney
is the correct resource.
Upon determination that there is or might be perceived to be a conflict, the Commissioner
should state immediately after the agenda item is read that recusal action is necessary
(with, preferably, stating the reason) then step down from the dais until the item is
concluded.
PUBLIC REPRESENTATION:
Commissioners are citizens, too. If there is a public item that is of interest, the
Commissioner should participate, but not identify themselves as members of the
Frederick County Planning Commission unless acting in an official capacity and directed
to do so. Implied endorsements by the Commission should be avoided.
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Planning Commission
Agenda Item Detail
Meeting Date: January 5, 2022
Agenda Section: Meeting Minutes
Title: December 1, 2021 Meeting Minutes
Attachments:
PC01-05-21MinutesDecember1.pdf
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Frederick County Planning Commission Page 3870
Minutes of December 1, 2021
MEETING 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 December 1, 2021.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; John F. Jewell, Member-At-Large; Gary R. Oates, Stonewall District; H.
Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek
District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Charles E.
Triplett, Gainesboro District; Roderick B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the December 1, 2021 meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting
everyone to join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Thomas and seconded by Commissioner Triplett
the Planning Commission unanimously adopted the agenda for this evening’s meeting with a change to
remove the item for REZ #05-21 Paula Henry.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the October 20, 2021 and November 17,
2021 meetings.
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Frederick County Planning Commission Page 3871
Minutes of December 1, 2021
COMMITTEES
Transportation Committee – Mtg. 11/22/21
Commissioner Oates reported the Committee was presented a summary of the
Transportation Forum held at the airport and an updated was shared on the County projects.
Development Review & Regulations Committee – Mtg. 11/17/21
Commissioner Oates reported there were two items discussed; Pedestrian Access and
Street Design, both of which are on tonight’s agenda.
City of Winchester – Mtg. 11/30/21
Commissioner Pifer, Winchester City Planning Commission Liaison, reported the
commission heard numerous items; a zoning ordinance in the Medical District, location on N. Cameron
Street to B1, and several site plan approvals.
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CITIZEN COMMENTS
Chairman Kenney called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission.
Bob Clark of the Opequon District came forward and voiced his concerns with the
possible annex agreement with Middletown. He stated he and numerous others are against this.
No one else came forward to speak and Chairman Kenney closed the public comments
portion of the meeting.
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PUBLIC HEARING
Conditional Use Permit #12-21 for Hollow Road Solar, LLC submitted to construct an
approximately 83+/- acre (disturbed area) and up to 20-megawatt (MW) utility scale solar power
generating facility. The subject properties, totaling 326+/- acres are generally located south of
Parishville Road (Route 610) and south of the terminus (cul-de-sac) of Anchorage Lane (Route
1416) in Gore, and are identified with Property Identification Numbers (PINs) 27-A-8, 27-A-11, and
27-A-12 in the Gainesboro Magisterial District.
Action – Recommend Approval
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Frederick County Planning Commission Page 3872
Minutes of December 1, 2021
M. Tyler Klein, Senior Planner, reported this is a request for a Conditional Use Permit
(CUP) to enable the construction of a utility-scale solar power generating facility on 326 +/- acres in the
Gainesboro Magisterial District, the property is zoned Rural Areas (RA) and the current land use is
agricultural/vacant/forestal. Mr. Klein shared a locations map of the property and noted there are three
parcels totaling the acreage for this project. He continued, this project will generate up to 20 megawatts
(MW) of photovoltaic (solar) energy. Mr. Klein explained, 135 acres (disturbed area) will be utilized for
the installation of rows of ground-mounted photovoltaic modules (solar panels), inverters, vehicle access
paths, security fencing, and landscaping. He noted, power generated will be combined, converted, and
increased to allow delivery to the adjacent Gore substation. Mr. Klein presented mapping of the proposed
solar panels and pointed out a historical barn on the property. He shared the Zoning Ordinance
conformance to include the Concept Plan and the Decommissioning Plan. Mr. Klein reviewed the
Comprehensive Plan Conformance associated with this application:
• The plan envisions this area of the County to remain primarily rural in nature and
for agricultural land to be preserved for future generations (Chapter II – Rural
Areas).
• Solar siting policies (Chapter IV – Business Development
o Utility scale solar facilities are typically passive uses with limited
impacts to the environment and the rural character
o Implementation of this use can facilitate the preservation of agricultural
and rural land for future use once these sites are decommissioned
o Opportunities for landowners to recoup value from their property without
subdividing
o Tax revenue to the County through M&T beyond land use assessment
Mr. Klein reported on Other Permitting associated with this application: In addition to
requirements contained in the Zoning Ordinance, the applicant will pursue a “Permit-by-Rule” (PBR)
through the Virginia Department of Environmental Quality (DEQ). The PBR is a state-level
administrative review and approval process, including extensive environmental and cultural review and
study. Mr. Klein shared the Solar Facility Siting Agreement: Enabled by the Code of Virginia (§15.2-
2316.7) for projects submitted after January 1, 2021; The applicant will grant a conservation easement for
parcels 27-A-11 and 27-A-12 (236.69 +/- acres) and will execute an extinguishment of transferrable
development rights (TDR); Solar siting agreement memorialized in Condition #4; and approval of the
siting agreement is an action of the Frederick County Board of Supervisors. As recommended by Staff,
Mr. Klein presented the Conditions of Approval:
1. All review agency comments provided during the review of this application shall
be complied with at all times.
2. An engineered site plan, in accordance with the requirements of Article VIII of
the Frederick County Zoning Ordinance, shall be submitted to and subject to
approval by Frederick County prior to the establishment of the use. The site plan
shall address additional regulations for specific uses outlined in §165-204.26 of
the Frederick County Zoning Ordinance and be in general conformance with the
Concept Plan, included with the CUP application, prepared by Timmons Group,
dated November 5, 2021.
3. Pursuant to the Code of Virginia §15.2-2241.2(B), the owner shall comply with
the Decommissioning Plan, included with the CUP application, prepared by
Hollow Road Land Holdings, LLC, dated November 5, 2021, and shall update
the Decommissioning Plan every five (5) years.
21
Frederick County Planning Commission Page 3873
Minutes of December 1, 2021
4. At the time the project achieves commercial operation, the owner will grant a
conservation easement for the property encompassed by Tax Parcels 27-A-11 and
27-A-12 and will execute an extinguishment of transferrable development rights
for Tax Parcels 27-A-11 and 27-A-12. These conditions shall be memorialized
in a solar siting agreement with Frederick County, in a form acceptable to the
Board of Supervisors, pursuant to the Code of Virginia Section 15.2-2316.6 et
seq.
5. Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, shall not be used on the properties subject to this CUP.
6. Access to the site shall be limited to two (2) entrances, one (1) entrance from
Parishville Road (Route 610) and one (1) entrance from Anchorage Lane (Route
1416) in conformance with the Concept Plan, included with the CUP application,
prepared by Timmons Group, dated November 5, 2021. Delivery of solar array
panel construction materials and equipment shall occur only at the site access
entrance off Parrishville Road (Route 610) identified as “Primary Access Road”
on Sheet 3 of the Concept Plan. Use of passenger vehicle access during
construction and post-construction maintenance.
7. Pile-driving of poles for solar arrays shall be limited to 7:00 a.m. to 5:00 p.m.
Monday through Friday. All other construction activities are permitted 7:00 a.m.
to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No
construction activities are permitted on Sundays.
8. A Phase 1 Archaeological and Architectural Survey will be completed as part of
the permitting of this project and completed prior to site plan approval. This
survey shall document the historic dwelling, barn and areas surrounding the farm
complex barn (located on PIN #27-A-11). This survey shall be submitted to the
Frederick County Department of Planning and Development and the Department
of Historic Resources (DHR). Phase II surveys shall be conducted if DHR
determines the areas and resources under consideration are potentially
significant. In the event the above resources are eligible for inclusion on the
NRHP as a result of the Phase II study the structures and resources on the site
shall be retained, stabilized, and preserved and no disturbance shall occur within
100-feet (FT).
9. Any expansion or modification of this land use will require the approval of a new
CUP.
Mr. Klein noted, any recommendation for approval also affirms that the proposed solar
facility is in accordance with the County’s Comprehensive Plan. He concluded, this application was
denied on March 10, 2021 and the revised application for consideration now includes: A Solar Siting
Agreement pursuant to the Code of Virginia §15.2-2316.7; and the applicant is also now the landowner of
the properties identified with PIN’s 27-A-11 and 27-A-12.
Following the staff presentation, the Applicant remarks noted receipt of the citizen
comments from neighbors in the Whitham Orchard subdivision, provided a summary of estimated
monetary contribution of the project to the County through tax revenue from the machine and tool tax on
the infrastructure in addition to the land use assessment, and summarized the conservation easement and
extinguishment of transfer of development rights (TDR) commitment (at time of commercial operation)
22
Frederick County Planning Commission Page 3874
Minutes of December 1, 2021
contained in the solar facility siting agreement. The Applicant also highlighted the natural topography of
the site and existing mature vegetation would maintain an effective screen from neighboring properties
and residences. One of the property owners (Ms. Diane Holmes) who is part of the application also spoke
in support of the conservation of the land to remain “rural” as opposed to seeing the property develop as a
subdivision with a lot of houses.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Four (4) members of the public (Owen Mills, Sara Kite, David Alter, Cheryl Alter) spoke
on the proposed CUP and expressed concerns with impacts to the viewshed, wildlife, and perceived
impact to property values and health concerns.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
The Planning Commission discussion focused primarily on the construction process (pile
driving of poles for solar arrays and hours of operation), and discussion of if the property does not
develop as a solar farm, it may ultimately develop as residential (or other use) with a net negative impact
to the County. Commissioners specifically noted the solar facility siting agreement and conveyance of the
conservation easement and extinguishment of TDR would ensure no residential would be developed in
the future.
Upon a motion made by Commissioner Triplett and seconded by Commissioner Dawson
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval Conditional
Use Permit #12-21 for Hollow Road Solar, LLC submitted to construct an approximately 83+/- acre
(disturbed area) and up to 20-megawatt (MW) utility scale solar power generating facility. The subject
properties, totaling 326+/- acres are generally located south of Parishville Road (Route 610) and south of
the terminus (cul-de-sac) of Anchorage Lane (Route 1416) in Gore, and are identified with Property
Identification Numbers (PINs) 27-A-8, 27-A-11, and 27-A-12 in the Gainesboro Magisterial District.
Yes: Triplett, Dawson, Jewell, Brumback, Kozel, Manuel, Oates, Molden, Mohn, Kenney
No: Thomas
-------------
INFORMATION/DISCUSSION
Ordinance Amendments – Steep Slopes, Farm Wineries/Breweries/Distilleries, Inoperable Motor
Vehicles, Pedestrian Access, and Street Design.
M. Tyler Klein, Senior Planner, reported this is a request to amend Chapter 144 –
Subdivision of Land and amend Chapter 165 – Zoning Ordinance to clarify, amend and remove
requirements contained in the following sections: general provisions, supplementary use regulations,
regulations for specific uses, and design standards.
23
Frederick County Planning Commission Page 3875
Minutes of December 1, 2021
Steep Slopes (§144-2 & §165-101.02)
• This is a proposed revision to amend the definition for “steep slopes” from 15%
and 50% respectively to 35%.
• Both chapters apply to many land applications such as subdivisions, site plans,
and the Transfer of Development Rights (TDR) Program and therefore
application of a consistent standard in needed.
Farm Wineries, Farm Breweries, and Farm Distilleries (§165-204.22)
• This is a proposal to remove provisions for festival permits.
• The Board of Supervisors removed Chapter 86 – Festival Permits from the Code
of Frederick County in the spring of 2021.
• This amendment would eliminate the festival permit requirement and removes
the limitation of 100 persons permitted at events held on farm wineries,
breweries, and distilleries.
Inoperable Motor Vehicles (§165-101.02 & §165-204.11)
• This is a request to prohibit the unscreened storage of inoperable trailers (trailer,
camping trailer, or semitrailer).
• Currently, the Zoning Ordinance prohibits the unscreened outdoor storage of
inoperable motor vehicles; however, the current definition does not include
provisions for the regulation of trailers.
• This amendment is seeking to regulate trailers in the same manner as inoperable
motor vehicles.
Pedestrian Access (§165-203.03)
• This is a request to amend the section for pedestrian walkways/trails to ensure
pedestrian accommodations are provided to implement Comprehensive Plan
policies.
• The Zoning Ordinance currently requires sidewalks only when they are planned
as included in a “corridor or walkway plan.”
Street Design (§144-17)
• This is a request to modify the requirements for minimum right-of-way for each
street classification (local street, minor collector, major collector, and arterial
roadways), to ensure the design of the roadway fulfills future roadway
classification as specified in the Comprehensive Plan, and meets all current
criteria as required by the Virginia Department of Transportation (VDOT).
24
Frederick County Planning Commission Page 3876
Minutes of December 1, 2021
• Presently, only minimum right-of-way is required which may be insufficient for
planned future conditions contained in the Comprehensive Plan.
The Planning Commission asked Staff to confirm that “farm use” trailers, like vehicles,
would not be impacted by the change to the definition/additional regulations for “inoperable motor
vehicles;” Mr. Klein noted that farm use trailers would be exempt like farm use vehicles.
-------------
OTHER
Wyatt G. Pearson, Director of Planning asked Commissioners to check their emails for
upcoming information on the retreat. He noted, we will have a meeting on December 15, 2021.
-------------
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously
passed. The meeting adjourned at 8:10 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
___________________________
Roderick B. Williams, Secretary
25
Planning Commission
Agenda Item Detail
Meeting Date: January 5, 2022
Agenda Section: Public Hearings
Title: Ordinance Amendment - Steep Slopes, Farm Wineries/Breweries/Distilleries,
Inoperable Motor Vehicles, Pedestrian Access, and Street Design - (Mr. Klein)
Attachments:
PC01-05-22OA_SteepSlopes_FarmWineriesBreweriesDistilleries_etc.pdf
26
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendments – Steep Slopes; Farm Wineries, Farm Breweries, & Farm
Distilleries; Inoperable Motor Vehicles; Pedestrian Access; and Street Design
DATE: December 9, 2021
Proposal (Summary):
This is a request to amend Chapter 144 – Subdivision of Land and amend Chapter 165 – Zoning Ordinance
to clarify, amend and remove requirements contained in general provisions, supplementary use regulations,
regulations for specific uses, and design standards. A summary of changes to each section is outlined below.
1. Steep Slopes
Proposal:
This is a proposed revision to Chapter 144 – Subdivision of Land and Chapter 165 – Zoning Ordinance to
amend the definition for “steep slopes” from 15% and 50% respectively to 35%. Both chapters apply to
many land applications such as subdivisions, site plans and the Transfer of Development Rights (TDR)
Program and therefore application of a consistent standard is needed.
Current Zoning & Subdivision of Land Standards:
The Zoning Ordinance definition (§165-101.02) for “steep slopes” specifies land where the slope exceeds
50%. The Subdivision of Land (§144-2) definition for “steep slopes” specifies land where the slope exceeds
15%.
2. Farm Wineries, Farm Breweries, & Farm Distilleries
Proposal:
This is a proposed revision to Chapter 165 – Zoning Ordinance to remove provisions for festival permits
for farm wineries, farm breweries, and farm distilleries. The Board of Supervisors removed Chapter 86 –
Festival Permits from the Code of Frederick County in the spring of 2021. The intent of this Zoning
Ordinance text amendment is to update this provision to align with the removal of Chapter 86 (Festival
Permits). This amendment would eliminate the requirement for a festival permit and removes the limitation
of 100 persons permitted at events held on farm wineries, breweries, and distilleries.
Current Zoning Ordinance Standards:
The Zoning Ordinance (§165-204.22) states that for events occurring at farm wineries, farm breweries or
farm distilleries where 100 people or more are anticipated and will include music and entertainment
festival permit will be required.
27
Ordinance Amendments – Steep Slopes; Farm Wineries, Farm Breweries, & Farm Distilleries; Inoperable Motor
Vehicles; Pedestrian Access; and Street Design
December 9, 2021
Page 2
3. Inoperable Motor Vehicles
Proposal:
This is a request to amend Chapter 165 – Zoning Ordinance to prohibit the unscreened storage of inoperable
trailers (trailer, camping trailer, or semitrailer). Currently, the Zoning Ordinance prohibits the unscreened
outdoor storage of inoperable motor vehicles; however, the current definition does not include provisions
for the regulation of trailers. This amendment is seeking to amend the Zoning Ordinance so that trailers
are subject to the same regulations as inoperable vehicles.
Current Zoning Ordinance Standards:
The Zoning Ordinance (§165-101.02) defines “inoperable motor vehicles” as any motor vehicle which is
not in operating condition, or any vehicle which has been partially or totally disassembled by the removal
of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which
there are displayed neither valid license plates nor a valid inspection decal.
The Zoning Ordinance (§165-204.11) Landfills, junkyards, trash disposal and inoperable vehicles, states
that these are not permitted to be stored outside of a completely enclosed structure in all Zoning Districts
except the RA (Rural Areas) District which allows for them to be screened from public roads or surrounding
properties.
Staff notes the proposed change to include inoperable trailers under “inoperable motor vehicles” would
not affect “farm use” tags; farm use trailers and farm use vehicles will be exempt from the above
regulations.
4. Pedestrian Access
Proposal:
This is a request to amend Chapter 165 – Zoning Ordinance to for pedestrian walkways/trails to align
Zoning Ordinance and Subdivision Ordinance requirements and ensure pedestrian accommodations are
provided to implement Comprehensive Plan policies.
Current Zoning & Subdivision of Land Standards:
The Zoning Ordinance (§165-203.03) currently requires sidewalks only when they are planned as included
in a “corridor or walkway plan.” The Subdivision Ordinance (§144-18(A)) is more specific in the language:
sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all
proposed and existing streets and shall contain adequate handicapped ramps at all intersections at
intervals acceptable to the Virginia Department of Transportation.
4. Street Design
Proposal:
This is a request to amend Chapter 144 – Subdivision of Land to modify the requirements for minimum
right-of-way for each street classification (local street, minor collector, major collector, and arterial
roadways), to ensure the design of the roadway fulfills future roadway classification as specified in the
Comprehensive Plan, and to ensure the design of the roadway meets all current criteria as required by the
Virginia Department of Transportation (VDOT).
28
Ordinance Amendments – Steep Slopes; Farm Wineries, Farm Breweries, & Farm Distilleries; Inoperable Motor
Vehicles; Pedestrian Access; and Street Design
December 9, 2021
Page 3
Current Zoning Ordinance Standards:
The Subdivision of Land (§144-17) currently includes only minimum right-of-way which may be
insufficient for planned future conditions contained in the Comprehensive Plan.
DRRC, Planning Commission & Board of Supervisors Discussion Summary:
The Development Review and Regulations Committee (DRRC) discussed the proposed amendments for
steep slopes, farm wineries/farm breweries/farm distilleries, and inoperable motor vehicles at their October
28, 2021, meeting and were supportive of the proposed changes. The DRRC proposed changing the steep
slopes definition for both the Subdivision and Zoning Ordinance to 35% (this change is reflected in the
revised text).
The DRRC discussed the proposed amendment for pedestrian access and street design at their November
18, 2021, meeting and were supportive of the proposed changes. No additional comments were provided.
The Planning Commission discussed this item at their December 1, 2021, meeting. The Planning
Commission asked staff to confirm that “farm use” trailers, like vehicles, would not be impacted by the
change to the definition/additional regulations for “inoperable motor vehicles;’ staff noted that farm use
trailers would be exempt like farm use vehicles.
The Board of Supervisors discussed this item at their December 8, 2021, meeting. The Board of Supervisors
unanimously supported moving the proposed ordinance amendments forward for public hearing.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by staff (with
bold italic for text added). This item is presented for public hearing. Following a public hearing, Staff
is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors.
MTK/pd
Attachment: 1. Revised ordinance with additions shown in bold underlined italics.
29
Proposed Changes – Steep Slopes
Revised November 18, 2021
Chapter 144 – Subdivision Ordinance
ARTICLE II
Definitions
§144-2 Definitions and word usage.
Steep Slopes
Land where the slope exceeds 15% 35%
Chapter 165 – Zoning Ordinance
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§ 165-101.02 Definitions and word usage.
Steep Slopes
Land where the slope exceeds 50% 35%.
30
Proposed Changes – Farm Wineries, Farm Breweries, and Farm Distilleries
Drafted October 15, 2021
Chapter 165 – Zoning Ordinance
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.22 Farm wineries, farm breweries, and farm distilleries.
Farm wineries, farm breweries and farm distilleries in the RA (Rural Areas) District shall meet the
following requirements:
A. Farm wineries. A farm winery shall be licensed as a Class A or Class B farm winery in
accordance with § 4.1-207 of the Code of Virginia, as amended, and shall be located in the RA
(Rural Areas) District. No farm winery shall be established until an illustrative sketch plan has
been approved. All activities specified under § 15.2-2288.3E of the Code of Virginia shall be
permitted.
B. Farm breweries (limited brewery). A farm brewery shall be licensed as a limited brewery in
accordance with § 4.1-208 of the Code of Virginia, as amended, and shall be located in the RA
(Rural Areas) District. No limited brewery shall be established until an illustrative sketch plan has
been approved. All activities specified under § 15.2-2288.3:1 of the Code of Virginia shall be
permitted.
C. Farm distilleries (limited distiller). A farm distillery shall be licensed as a limited distiller in
accordance with § 4.1-206 of the Code of Virginia, as amended, and shall be located in the RA
(Rural Areas) District. No limited distillery shall be established until an illustrative sketch plan
has been approved. All activities specified under § 15.2-2288.3:2 of the Code of Virginia shall be
permitted.
D. The following activities are permitted accessory uses at farm wineries, breweries and distilleries:
1) On-site tours.
2) Kitchen and catering activities.
3) Providing light refreshments and appetizers (food preparation beyond this, excluding
catering for events, shall require a conditional use permit for a restaurant).
E. Events shall be permitted only on farm wineries, farm breweries and farm distilleries of 10 acres
or larger. Events for the purposes of this section shall include but are not limited to meetings,
conferences, dinners, festivals, and wedding receptions. Any event at which more than 100
people are anticipated and will include music and entertainment will require a festival permit.
F. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted
to and approved by Frederick County for all farm wineries, distilleries and breweries.
G. Farm wineries, breweries and distilleries that share a private access easement with another
property owner/s must show the easement allows a use of this type or written permission must be
obtained by the sharing parties.
31
Proposed Changes – Inoperable Motor Vehicles
Drafted October 15, 2021
Chapter 165 – Zoning Ordinance
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
165-101.02 Definitions and Word Usage.
INOPERABLE MOTOR VEHICLE OR TRAILER - Any motor vehicle, trailer, camping trailer, or
semitrailer, which is not in operating condition, or any vehicle which has been partially or totally
disassembled by the removal of tires and wheels, the engine or other essential parts required for operation
of the vehicle. Vehicles, trailers, camping trailers, and semitrailers shall also be considered inoperable
if they do not display a valid license plate or a valid inspection decal. or on which there are displayed
neither valid license plates nor a valid inspection decal.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers and Landscaping; and Regulations for Specific
Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.11 Landfills, junkyards, trash disposal and inoperable vehicles and trailers.
Landfills, junkyards, automobile graveyards, dumping and trash heaps shall be permitted only where
specifically allowed by the zoning district regulations of this chapter. Where allowed, such uses shall meet
all requirements of the Frederick County Code and applicable state and federal regulations.
C. Inoperable motor vehicles and trailers.
1) Inoperable motor vehicles and trailers shall not be stored outside of a completely enclosed
building in the following zoning districts:
RP Residential Performance
R4 Residential Planned Community
R5 Residential Recreational Community MH1 Mobile Home Community HE High Education MS Medical Support B1 Business Neighborhood
B2 General Business
32
Proposed Changes – Inoperable Motor Vehicles
Drafted October 15, 2021
B3 Industrial Transition OM Office-Manufacturing Park M1 Light Industrial
M2 Industrial General
EM Extractive Manufacturing
2) Inoperable motor vehicles and trailers permitted to be stored outside of a totally enclosed building
shall be completely screened from public roads or surrounding properties. Permitted screening shall
include opaque fences, opaque landscaping or opaque natural vegetation.
33
Proposed Changes – Pedestrian Access
Drafted October 20, 2021
Chapter 165 – Zoning Ordinance
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 202
Off-Street Parking, Loading and Access
§165-202.03 Motor vehicle access.
D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a
master plan or site plan approved by Frederick County. Sidewalks and multi-use trails shall be
provided in conformance with adopted Comprehensive Plan policies for present and future
roadway classifications corridor or walkway plans and/or approved master development plans.
The Board of Supervisors may require additional sidewalks or walkways on master plans or the
Zoning Administrator may require additional sidewalks or walkways on site plans to promote a
general system of pedestrian access in residential neighborhoods or business corridors Sidewalks
shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all
proposed and existing streets and shall contain adequate handicapped ramps at all intersections
at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum
two-foot-wide grass strip or swale between the street edge and the sidewalk, where sidewalks are
required. Sidewalks shall be a minimum of five (5) feet wide; multi-use trails shall be a minimum
of ten (10) feet wide.
34
Proposed Changes – Road Classification
Revised November 9, 2021
Chapter 144 – Subdivision of Land
ARTICLE V
Design Standards
§144-17 Streets
K. Classification. The classification of proposed streets shall be determined by the Frederick County
Comprehensive Plan or by the standards of the Virginia Department of Transportation (VDOT).
The subdivider may be required to reserve rights-of-way for and/or construct major roads as well
as minor streets where applicable and construct appropriate road improvements, bicycle and
pedestrian accommodations and access points.
1) Local street. A "local street" shall be a street within a subdivision which may be required to
serve as access to adjoining property or to connect with streets in an adjoining subdivision.
and having an average daily projected traffic count at full build out of zero to 400 average
daily trips and shall be constructed to the following standards in accordance with projected
traffic:
a) Minimum right-of-way width shall be 55-feet (with curb and gutter, and pedestrian
accommodation on both sides) or as required by VDOT standards..
2) Minor collector. A "minor collector" shall be a street within a subdivision that collects traffic
from local streets and distributes it to the major collector and arterial system. These streets
provide land access service and traffic circulation within residential, commercial and
industrial areas and may be required to serve as access to adjoining properties or to connect
with streets in adjoining subdivisions. Minor collectors shall have a projected average daily
traffic count at full build out from 401 to 3,000 daily trips or be streets designated as minor
collectors by the Frederick County Comprehensive Plan. Minor collectors shall be
constructed to the Virginia Department of Transportation Urban Design Standards.
a) Minimum right-of-way shall be 60-feet (with curb and gutter, and pedestrian
accommodation on both sides) or as required by the Virginia Department of
Transportation VDOT standards.
3) Major collector. A "major collector" shall be a street that collects traffic from local streets and
minor collectors and distributes it to the arterial system. These streets provide links to higher
classified routes and serve as important intracounty travel corridors. Major collectors shall
have a projected average daily traffic count at full build out from 3,001 to 6,000 average daily
trips or be streets designated as major collectors by the Frederick County Comprehensive
Plan.
a) Minimum right-of-way shall be 80 feet. Minimum right-of-way requirements and
roadway design shall reflect the future roadway classification as designated by the
Comprehensive Plan (including total number of lanes, medians, curb and gutter and
pedestrian accommodations) and/or as required by VDOT standards.
35
Proposed Changes – Road Classification
Revised November 9, 2021
4) Minor arterial. A "minor arterial" shall be a street designed to provide for either primary or
secondary through traffic movement between major secondary roads, collectors, arterials or
other major thoroughfares. Minor arterials interconnect and supplement the principal arterial
system with a greater emphasis on land access and a lower level of traffic mobility. The
minor arterial shall have a projected average daily traffic count at full build out from 6,001 to
8,000 average daily trips or be street designated as a minor collector by the Comprehensive
Plan and shall be constructed to the following standards in accordance with projected traffic:
a) Minimum right-of-way shall be 90 feet. Minimum right-of-way requirements and
roadway design shall reflect the future roadway classification as designated by the
Comprehensive Plan (including total number of lanes, medians, curb and gutter and
pedestrian accommodations) and/or as required by VDOT standards.
5) Major arterial. A "major arterial" shall be a street designed as a major carrier of through
traffic. having a projected average daily traffic count at full build out of over 8,000 average
daily trips or be designated as a major collector by the Frederick County Comprehensive Plan
and shall be constructed to the following standards:
a) Minimum right-of-way width shall be 100 feet. Minimum right-of-way requirements
and roadway design shall reflect the future roadway classification as designated by
the Comprehensive Plan (including total number of lanes, medians, curb and gutter
and pedestrian accommodations) and/or as required by VDOT standards.
b) Controlled access with service drives shall be required.
36
Planning Commission
Agenda Item Detail
Meeting Date: January 5, 2022
Agenda Section: Other
Title: Current Planning Applications
Attachments:
37